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HomeMy WebLinkAboutSP-92-0000 - Supplemental - 1175 Shelburne RoadMcDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110-1480 (518) 786-6900 Fax: (518) 786-0240 June 2, 2000 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attention: Ray Belair RE: Shelburne Plaza Dear Ray, It was a pleasure meeting with you yesterday. Thank you for setting the appointment up so quickly after my request. I spoke with our McDonald's Operator after the meeting. He assures me that no vehicles have ever been towed bV McDonald's from the Shelburne Plaza. We are concerned by that lingering perception. We are not a troublemaker. We intend to cooperate with Gerry Milot in his efforts to manage the shared parking in this development. Based on the Commissions findings, we know that the parking at the Plaza is sufficient. However, for the benefit of all customers and tenants, management of the parking is necessary. For optimal functioning of the center, customers requiring longer stays should be directed away from uses and customers requiring short visits. This arrangement is like airport short and long- term parking. Directional signage is required to educate the public on appropriate places to park for their intended use. We anticipate your support in Gerry's efforts to manage the parking at Shelburne Plaza. Very truly yours, Ceti ..C,-✓� /�` l /��.�:L..I'v-1 Karen M. Kreski Real Estate Representative Cc: Mark Kerrigan, Donna Ehmke, Gerry Milot, Joe Weith, Mark Benware, Jim Benware STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O. BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 or 660-9119 OF COUNSEL PATTI R. PAGE* E-MAIL(FIRM2555@FIRMSPF.COM) ARTHUR W. CERNOSIA ROBERT E. FLETCHER WRITER'S E-MAIL (ALAFFERTY@FIRMSPF.COM) WRITER'S FAX (802) 660-2552 JOSEPH S. MCLEAN TIMOTHY M. EUSTACE MIA KARVONIDES AMANDA S.E. LAFFERTY (*ALSO ADMITTED IN N.Y.) March 31, 2000 Mark W. Kerrigan Real Estate Manager McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 Re: McDonald's Restaurant, Shelburne Road South Burlington, Vermont Dear Mr. Kerrigan, I am writing on behalf of the City of South Burlington. It is the City's position that the McDonald's restaurant located on Shelburne Road is in violation of the shared parking arrangement contained in the City's approval of the planned commercial development (PCD) of which this restaurant is a part. Persons associated with this restaurant have posted signs that limit nearby parking to McDonald's customers only, and threaten to tow cars of non-McDonald's customers who park near the restaurant. The City has corresponded with you in letters dated April 18, 1995, and August 27, 1997, (copies attached) requesting that the restaurant remove the signs limiting parking and cease the practice of towing vehicles. Each time, McDonald's Corporation has complied with the City's request for compliance with the PCD approval, only to have the signs reappear and the towing continue. The City of South Burlington hereby requests that the no parking signs be removed and that the practice of towing non- McDonald's customers from the nearby parking areas stop immediately. Should the City obtain information that the signs remain and that the towing continues it will not give McDonald's the benefit of a warning letter, and will take the necessary legal action to enforce compliance with the City's sign ordinance and zoning regulations. For your review, I have enclosed a copy of the Findings of Fact & Decision, dated July 14, 1992, whereby the Planning Commission approved the PCD of which this restaurant is a part. u Mark W. Kerrigan March 31, 2000 Page 2 I thank you in advance for your anticipated cooperation in this matter. If you have any questions, please give me a call. /asel Enclosures cc: Ray Belair (w/o encl.) son4282.cor Sincerely, O�vvao J( � - Amanda S.E. Lafferty 4 McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110-1480 (518) 786-6900 Fax: (518) 786-0240 June 2, 2000 City of South Burlington 575 Dorset Street South Burlington, VT 05403 Attention: Ray Belair RE: Shelburne Plaza Dear Ray, It was a pleasure meeting with you yesterday. Thank you for setting the appointment up so quickly after my request. I spoke with our McDonald's Operator after the meeting. He assures me that no vehicles have ever been towed bV McDonald's from the Shelburne Plaza. We are concerned by that lingering perception. We are not a troublemaker. We intend to cooperate with Gerry Milot in his efforts to manage the shared parking in this development. Based on the Commissions findings, we know that the parking at the Plaza is sufficient. However, for the benefit of all customers and tenants, management of the parking is necessary. For optimal functioning of the center, customers requiring longer stays should be directed away from uses and customers requiring short visits. This arrangement is like airport short and long- term parking. Directional signage is required to educate the public on appropriate places to park for their intended use. We anticipate your support in Gerry's efforts to manage the parking at Shelburne Plaza. Very truly�yours, Karen M. Kreski Real Estate Representative Cc: Mark Kerrigan, Donna Ehmke, Gerry Milot, Joe Weith, Mark Benware, Jim Benware " May 12, 2000 Mr. Raymond J. Belair Coy of South Buriingtun 575 Dorset Street South Burlington, VT 05403 RE: Parking at McDonald's Shelburne Road, UC: 044-0041 Dear Mr. Belair: McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110-1480 (518) 786-6900 Fax: (518) 786-0240 I am writing to request a opportunity to discuss the 1992 decision of the South Burlington Planning Commission for shared parking with the Development Review Board at the next available meeting. Specifically, our Landlord, Gerald Milot, and I would like to discuss signage and traffic management issues as they relate to the Planning Commission's findings. Please include us on the next agenda with the Development Review Board. Also, please let me know when the next available meeting will be held. Sincerely, Karen M. Kreski Real Estate Representative cc: Mark Kerrigan Gerald Milot and John Larkin 76 St. Paul Street, Burlington, VT. 05401 No Text ',v City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 27, 1997 Mark W. Kerrigan Real Estate Manager McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 Re: McDonald's Restaurant, Shelburne Road Dear Mr. Kerrigan: ZONING ADMINISTRATOR 658-7958 This office has received complaints that customers of Cactus Pete Restaurant who park near your restaurant are having their cars towed. You may recall correspondence from the City Attorney dated 4/18/95 explaining that this development was approved with a shared parking arrangement. The practice of towing vehicles stopped after we sent you the 4/18/95 letter. The practice of towing vehicles has resumed so I am reminding you that this practice is a violation of the City's approval for your restaurant. We request that the practice of towing non-McDonald's customers from your parking area stop immediately. I thank you in advance matter. If you have any RJB/mcp for your anticipated cooperation in this questions, please give me a call. Sincedly, J Ra 6n,d J. Belair, Zoning and Planning Assistant STEVLN F. S'I'IT7,1',1, PATTI R. PAGE - MARK R. WARW DANIELT. LEWRART (*ALSO ADMITTED IN N.Y.) STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) FAX (802) 660-2552 April 18, 1995 Mark W. Kerrigan Real Estate Manager McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 Re: McDonald's Restaurant, Shelburne Road South Burlington, Vermont Dear Mr. Kerrigan: OF COUNSRI, ARTHUR W. CERNOSIA RORRRT E. FI.ETCHER I am writing on behalf of the City of South Burlington in response to your recent letter to this office. It is our continued position that your restaurant is in violation of the PCD shared parking arrangement, and the South Burlington Sign Ordinance. Per your request for additional documentation in support of this position, I enclose the decision from the South Burlington Planning Commission, and a copy of the McDonald's Land Use Permit. The operative language in the Planning Commission Decision reads: The Commission approves a total of 465 parking spaces to serve the commercial portion of the project. This represents a waiver of 127 spaces, or 21.5% from the 592 spaces required by standard. It is the Commission's opinion that 465 spaces will adequately serve the development due to shared parking opportunities." Page 3 55 Similarly, the Act 250 Permit further delineates the shared parking arrangement at the PCD, by stating in pertinent part: Parking demands were estimated through a shared parking study. This study determined that overall peak parking demand for the commercial portion of the project (movie Mark W. Kerrigan April 18, 1995 Page 2 theater, retail building, and McDonald's restaurant) will occur on a Saturday in July, when 466 parking spaces will be needed. . . . Findings of Fact and Conclusions of Law, page 4 ¶ 8. It is clear that the Planning Commission Decision, Act 250 Permit, and Planning Commission Minutest, demonstrate that approval of the PCD was conditioned on a shared parking arrangement for all tenants, including McDonalds. However, you have taken a contrary position based on the following statement: "there is no restriction in the PCD approval that prohibits one parcel from having exclusive parking rights, as long as that parcel has parking rights throughout the center." We believe this position to be untenable as it defeats the purpose behind shared parking. Under this approach, all tenants would have a right to exclusive parking based on a right to shared parking. Certainly, the Planning Commission did not intend this absurd result when it approved the shared parking agreement. Finally, the "towing sign" posted on your premises is an ongoing violation of the South Burlington sign regulations. No permit was ever issued for the sign, and failure to remove the sign will force us to initiate proceedings under the sign ordinance and zoning regulations. I trust that you will review the enclosed materials and seriously reconsider your position. In the event this matter is not resolved quickly, we will take the necessary legal action to enforce compliance. Thank you for your prompt attention. Ve y truly yquFs, Daniel T. Lewbart DTL/map Enclosures cc: Jerry C. Millot SON1643.COR '' to copy of the minutes were previously provided. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 8, 1995 Mr. James Benware McDonald's Corporation 17 Commerce Street Williston, Vermont 05495 Re: Performance Bond, McDonald's, Shelburne Road Dear Jim: ZONING ADMINISTRATOR 658-7958 Be advised that this office has completed an inspection of the landscaping associated with the development of a McDonald's Restaurant on Shelburne Road. I have also reviewed the landscaping proposal as submitted to you by Palmer Landscaping of Middlebury, Vermont. We are satisfied that the site improvements were completed in conformance with the approval site plan and hereby release the performance bond issued by American Motorists Insurance Company. Please submit a copy of this letter to AMIC which will authorize release. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp SUBDIVISION IMPROVEMENT BOND Bond No: 3SM 606 994-00 KNOW ALI, MEN BY THESE PRESENTS, THAT: McDonald's Corporation ,as Principal, and American Motorists Insurance Company ps Surety, are held and firmly bound unto City of South Burlington, Vermont ,as Obligee, in the amount o Ten Thousand and 00/100----------------------- Dollars, ($ 1o,00o.00) for payment whereof said Principal and Surety bin themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE.CONDITION OF THIS OBLIGATION is such that if said Principal shall construct in accordance with the preliminary plat thereof, the following improvements to wit: Landscaping for McDonald's Restaurant located on Shelburne Road McDonald's L/C: 044/041 in accordance with the applicable regulations, specifications, standards, ordinances and laws of said City of South Burlington and of the State of Vermont , then this obligation to be void; otherwise to remain in full force and effect. The Surety hereby waives notice of any alternation or ex�time made by Obligee. Dated at Chicago, Illinois this to day of June '6-0 e Y 2 . °o 0 r ,SEAL r . a -V By By: McDonald's Corporation UR (/R. LANE, ASS'T V.P. rican Motorists Insurance At C.R �rney-in-Fact Hernandez re S? ATE afILLINOIS COUNTY OF COOK } ss: Debra R. Nilsson a Notary Public in and for the state and county aforesaid, do hereby certify that C.R. Hernandez of the American Motorists Insurance Company who is personally known to me, appeared before me this day and acknowledged that he signed, sealed and deliv- ered the foregoing instrument as his free and voluntary act as Attorney -in -fact of the AMERICAN MOTORISTS INSURANCE COMPANY , and as the free and voluntary act of the , for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 10 day of June , A. p, 192. My commission expires "C� !-;.^-,L SEAL" / Notary Pllhlic NOTARIAL IUTAT Debra R. Wscs cn 1 iKbO 9412 SM 4.PiCLr t C-1-, � — 3f I,i;R,)l$ PRINTED IN U.S.A. F My Commission Expires 12/5j55 1 1Wvv'Wv'v1Wv►IV1WwvIV AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: nananRL msuaance comrranEs l 1 That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint William F. Fraser, Edward J. Robins Barbara Bowden, C. R. Hernandez and Theodore **eve** Jr ** Chicago, Illinois (EACH) its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1992, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds ONE MILLION DOLLARS ($1,000,000.00)*************************>�***** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the folltwing resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 29 day of July , 1991 . Attested and Certified: F.C.McCullough, Secretary (D AMERICAN MOTORISTS INSURANCE COMPANY by J.S.Kemper,III,Senior Vice President (OVER) STATE OF ILLINOIS SS COUNTY OF LAKE I, Grace E. Condon, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 5-14-94 CERTIFICATION ��wwwww.►wwww� 4 "OFFICIAL SEAL" ► 4 Grace E. Condon ► 4 Notary Public, State of Illinois ► My Commission Expires 5114194 ► Grace E. Condon, Notary Public I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated July 29, 1991 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and F. C. McCullough who executed the Power of Attorney as Senior Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this N day of Tune , 19 92 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-5 5-90 1M PRINTED IN U.S.A. Power of Attorney - Term CITY OF SOUTH BURLINGTON Subdivision Application- FINAL PLAT 1) NAME OF APPLICANT : MILOT LARKIN PARTNERSHIP 2) NAME OF SUBDIVISION: L & M PARK, 11183 SHELBURNE ROAD, SOUTH BURLINGTON VT. 3) Indicate any changes to nave, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, ettorne; or plat designer since preliminary plat application: NOT .APPLICABLE 4) indicate any changes to the subdivision since preliminary plat application: Final plat has been ammended to incorporate 25,000 square feet of retail/ commercial space, a 3600 square foot "MacDonalds" fast food restaurant w/ a drive through window, including revising the site pl€n to incorporate more green space around the restaurant and utilise underground parking. The theater, existing apartments and proposed condominiums will remain a3 proposed and approved. Total parking spaces provided for the commercial part of the site is 457 spaces. 5) Submit four copies of a final set of plans consisti�ix of a `inal plat plus engineering drawings and containing all information reuuirod under section 204.1 for a major subdivision. 6) Submit two draft copies of all legal documents required under section 202.1 (11) and (12) of the subdivision regulations for a minor subdivision and under section 204.1(b) for a major subdivisioTi. (Signature) � 1 Cant or contact person Date 0 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 February 21, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: L&M Park FILE: 88047 Dear Mr. Weith: As you requested in a letter dated February Milot, we hereby submit an updated traffic for Phase I of the L&M Park project. Phase 6th, 1992 to Gerald signal warrant analysis I of L&M Park will be: 1. The reduction of 67 motel units to 61 motel units. 2. The newly constructed 1,000 seat movie theater. 3. The existing 1,400 s.f. Vermont National Bank. 4. The proposed 3,100 s.f. McDonald's restaurant. 5. 22,000 s.f. of proposed retail space. Traffic signal warrants are contained within the "Manual on Uniform Traffic Control Devices" (MUTCD), U.S. Department of Transportation, Federal Highway Administration, 1988. Since the conditions for traffic signal warrants to be met are directly related to traffic volumes, it is first necessary to project the traffic volumes for this development at Phase I. An estimation of that traffic was calculated using "Trip Generation, Institute of Transportation Engineers, 5th Edition, 1991" and from data compiled by Resource Systems Group Incorporated. That traffic projection is attached as Appendix A. TRAFFIC COUNT DATA Existing P.M. peak background traffic volumes generated by the existing residential and bank land -uses were ascertained from counts performed by Resource Systems Group (RSG). Existing A.M. peak hour background traffic volumes for the existing residential land -use was ascertained by this office. Both of those counts were adjusted to 1992 average weekday conditions. Design • Inspection • Studies • Permitting • Surveying FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 February 21, 1992 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: L&M Park FILE: 88047 Dear Mr. Weith: As you requested in a letter dated February Milot, we hereby submit an updated traffic for Phase I of the L&M Park project. Phase 6th, 1992 to Gerald signal warrant analysis I of L&M Park will be: 1. The reduction of 67 motel units to 60 motel units. 2. The newly constructed 300 seat movie theater. 3. The existing 1,400 s.f. Vermont National Bank. 4. The proposed 3,100 s.f. McDonald's restaurant. 5. 22,000 s.f. of proposed retail space. Traffic signal warrants are contained within the "Manual on Uniform Traffic Control Devices" (MUTCD), U.S. Department of Transportation, Federal Highway Administration, 1988. Since the conditions for traffic signal warrants to be met are directly related to traffic volumes, it is first necessary to project the traffic volumes for this development at Phase I. An estimation of that traffic was calculated using "Trip Generation, Institute of Transportation Engineers, 5th Edition, 1991" and from data compiled by Resource Systems Group Incorporated. That traffic projection is attached as Appendix A. TRAFFIC COUNT DATA Existing P.M. peak background traffic volumes generated by the existing residential and bank land -uses were ascertained from counts performed by Resource Systems Group (RSG). Existing A.M. peak hour background traffic volumes for the existing residential land -use was ascertained by this office. Both of those counts were adjusted to 1992 average weekday conditions. Design 0 Inspection 0 Studies 0 Permitting 0 Surveying Mr. Joe Weith FILE: 88047 February 21, 1992 Page Two PASS -BY TRAFFIC The projected volume of traffic entering the project during Phase I accounts for a reduction in traffic along Shelburne Road for the restaurant and retail land -uses. The concept of "pass -by traffic" relates a percentage of a land -use's projected traffic that would otherwise be present in the existing traffic stream and would thereby not be an increase in traffic upon the adjacent roadway. For the above land -uses, a reduction in the pass -by traffic of 25% was used. TRAFFIC SIGNAL WARRANT ANALYSIS The performance of a traffic signal warrant analysis would require the verification of each of the eleven warrants listed in the aforementioned MUTCD reference. Several of those warrants involve examining 8 hours of an average day. Since this traffic signal warrant analysis is for anticipated traffic volumes resulting from future development, it is difficult to project project -generated traffic for hours outside of the A.M. and P.M. peak hours. Therefore, this traffic signal warrant analysis will only analyze Warrants 9 & 11; the "Four Hour Volume Warrant" and the "Peak Hour Volume Warrant". Based on existing and projected traffic volumes, Table 1 below lists average weekday traffic volumes for four hours of an average weekday for this project at Phase I: TABLE 1 PHASE I - AVERAGE WEEKDAY TRAFFIC VOLUMES NORTHBOUND & SOUTHBOUND HOUR LARKIN TERRACE SHELBURNE ROAD 07:00 - 08:00 133 vph 2,150 vph 08:00 - 09:00 131 vph 2,295 vph 15:30 - 16:30 249 vph 2,590 vph 16:30 - 17:30 251 vph 3,173 vph FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Joe Weith FILE: 88047 February 21, 1992 Page Three Warrant 9 - Four Hour Volumes For this warrant to be met, the plotted points of any four hours of an average day must fall above the curve shown in Appendix B. Since each of the plotted points of all four hours are above the curve, it is expected that this warrant will be met. Warrant 11 - Peak Hour Volume For this warrant to be met, the average day must fall above the PM peak hour traffic volume is and 16:30, it is expected that CONCLUSION plotted point of any hour of an curve shown in Appendix C. Since the above the curve for the hours of 15:30 this warrant will be met. A traffic signal warrant analysis was performed for Phase I of this project and it has been determined that a traffic signal will be warranted upon the completion of that phase. It is anticipated that both Warrants 9 and 11 will be met. Should you have any questions, please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED A Brendan Kelly, P.E. cc: Gerald Milot John Larkin FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services APPENDIX A PHASE I PROJECTED TRIP GENERATION VEHICULAR TRIP GENERATION ------------------------- JOB NAME; L5M PARK PHASE; CINEMA, RESTAURANT y RETAIL DATA SOURCE; ITE TRIP GENERATION - 5th EDITION DATE; FEBRUARY 21, 1992 ANALYST; B. KELLY JOB NO.; 88047 ITE -- AM PEAK HOUR -- -- PM PEAK HOUR -- DESCRIPTION ------------------------------------------------------------------------------------------------------------------- L.U.C. SIZE UNITS ENTER EXIT TOTAL ENTER EXIT TOTAL MOVIE THEATRE U/ MATINEE 444 1,000 SEATS 10 10 20 82 22 104 SHOPPING CENTER 820 22,000 SQ. FT. 42 25 67 125 125 250 FAST FOOD U/ DRIVE-IN 834 31100 SQ. FT. 88 84 172 59 54 113 TOTALS 140 119 -- 259 266 201 467 VTE/HOUR VTE/HOUR APPENDIX B WARRANT 9 - FOUR HOUR VOLUME WARRANT 500 = 400 � U wQ w � 300 cf) s� z-� �Q 0 w 200 1 7 131 0 100 M FIGURE 4-7. FOUR HOUR VOLUME WARRANT 2 OR MORE LANES Er 2 OR MORE LANES 2 OR MORE LANES Efi 1 LANE Ar- = 300 400 500 600 700 800 900 1000 1100 1200 1300 MAJOR STREET — TOTAL OF BOTH APPROACHES — VPH *NOTE: 115 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 80 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. APPENDIX C WARRANT 11 - PEAK HOUR VOLUME WARRANT 1 CD 5 w co co 600 �- u 500 wQ w cD 400 o W 3R0 z-� 200 w >> 100 40 FIGURE 4-5. PEAK HOUR VOLUME WARRANT 2 OR MORE LANES Et 2 OR MORE LANES 2 OR MORE LANES Er 1 LANE 1 LANE 1 LANE 6 400 600 800 1000 1200 1400 1600 1800 Z, - MAJOR STREET - TOTAL OF BOTH APPROACHES - VPH *NOTE: 150 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACH WITH TWO OR MORE LANES AND 100 VPH APPLIES AS THE LOWER THRESHOLD VOLUME FOR A MINOR STREET APPROACHING WITH ONE LANE. 2 71le- f4l 3' j6)D p X _ 6 a Memorandum - March 3, 1992 February 28, Page 6 Planning agenda items 1992 Note 44 on sheet 1 of 4 indicates that only two (2); handicapped spaces are being provided. The plan shows three (3) such spaces and this plan should be revised to show the correct number. We.t.la.:d: Thi--, project will be- built on a .- portion of a f it l ed wetland. The Zoning Board of Adjustment granted permission for this filling to take place on September 23, 1991. The rear portion of the site will sL.i.11 function as a wetland. Air ort Approach Cone: This property lies within the Airport Approach Cone. The applicant will be required to comply with Section 19.45 of the zoning regulations. Other: -- tl-i- site plan on sheet. 2 of 4 is not drawn to scale. This is a requirement of Section 19.101 of the zoning regulations. This plan will have to be redrawn to scale prior to issuance of permit. -- there is a 15 foot sewer easement along the front of the property which must be shown on the site plan. --- see enclosed memo from Natural Resources Committee. They would like information on how the runoff from the site will be treated before it enters the wetland. Wetlands are considered state waters and any runoff must be treated k>t:f-jrt entering into any i•;etland. They would also like --information confirming that the size of the pond outlet pipe and the culvert under Williston Road are of suffiri-r+ sis to handle anticipated runoff. L&M PARK = RESTAURANT/RETAIL AMENDMENT This is a continuation of the public nearing held on 2/4/92 (minutes not yet available). The plans have again been revised to reduce the size of the retail building from 25,000 square feet to 22,000 sg7.zare feet and reducing the size of the restaurant �- trom 3,600 square feet to 3,100 square feet. Access/circulation: No change in access. Interior traffic circulation pattern has changed slightly. The access to the restaurant and retail parking lots have been moved back away fro:': Fayette Road. This is an improvement over the previous Memorandum - Planning March 3, 1992 agenda items February 28, 1992 Page 7 1:_tn. taff a: -eked Craig Le_i..ner to evaluate traffic circulation as it relates to the drive -through (comments enclosed). Staff recommends that the drive -through lane not. be relocated to the east side of the building as mentioned by Craig Leiner. Coverage/setbacks: No change. Traffic: This revised proposal will generate 566 vehicle trip ends (vte) during the P.M. peak hour. The 2/4/92 proposal gener- ated 594 vte and the original approval for. L&M Park limited the P.M. peak hour trip generation to 623 vte. The current proposal represents 57 vte or 9.1`/0 less than originally permitted. Li ht_in__ No change. Parkin:_ The commercial portion of this project requires a total of 592 parking spaces by standard. The plan submitted shows a total of 465 spaces, 65 of which will be covered and located on the first level of the retail building. A total of nine (9) ., ' handicapped spaces are required and the plan shows a total of 13 handicapped spaces. Utilizing the formulas in the ULI Shared Parking Manual to reflect the reduced size of the retail and restaurant building, the total peak parking demand is now 465 spaces. This is the same number of spaces being provided. Notes #9 and #10 on sheet 1 of 16 indicates that 466 parking / spaces are being provided. Staff counts only 465 spaces. LandG-aping: Revisions have again been made to the Landscaping. plan. This plan still meets the minirmuii landscaping requirement for the entire L&M Park development. The total street tree value is 16,040 for a total landscaping value of $123,540. Additional plantings and a four (4) foot wall have been added along t?-!c front of the restaurant building between .it and the bank property to screen the parking area from Shelburne Road. Additional plantings have also been added along Fayette Road to screen the parking lot from this street. The landscaping plan shows more Red Maples, Honey Locusts and f Radiant Crabapples than is listed in the planting schedule. The plan and the schedule should be consistent. A sewer allocation of 63,028 gpd is now required. This is 4,968 gpd more than was allocated at the 6/25/91 This new total assumes 52,500 gpd for the residential portion and 1.0,528 gpd for the commercial portion. The restaurant allocation is based on 95 interior seats and 10 outdoor seats. Due to N N Memorandum - Planning March 3, 1992 agenda items February, 29, ? n 9 2 Page 9 limited sewer capacity at the Bartlett Bay Treatment facility, the 4,968 gpd additional required gallonage will be placed on ci waiting list until such time as sufficient capacity is available. Aesthetics: The applicant has submitted building elevations for the restaurant building (see enclosed). Since the appearance of the building will be affected by the free-standing sign next to Shelburne Road, we should have elevations showing the design, size and appearance of this sign. A'c-, d d �--6 / Other: The Planning Commission requested staff to review the approval process for the McDonald's restaurant in Stowe. The Stowe McDonald's does not have a drive through facility because these are prohibited in the Stowe zoning regulations. The review of this restaurant by the Stowe Plan_.,..e comm-L S1_oIi was very limited hecatire McPoriald's took over an existing fast food res- taurant and made 011.1y minor changes to the building and site. 9 Memorandum - Planninb November 19, 1991 agenda items November 15, 1991 Page 3 with the AOT. A special conditioned attached to the AOT permit includes the following: "In the event that traffic from this access increases to the point where additional lanes for turning or any other modifications are necessary, the expense of such improvements or facilities shall be borne by the Permit Holder, his/her successors, and assigns. The determination of need for such measures is the responsibility of the Agency of Transporta- tion and will be based upon and justified by standard Agency procedures. The Permit Holder will provide the Agency with traffic estimates and actual counts for each significant increase in the size of the development. Signals will not be permitted to operate until sufficient warrants, as determined bv the Agency are met." In terms of signal optimization and synchronization, the AOT is not requiring the applicant to resynchronize the lights on Route 7. When the warrants are met, the applicant will be required to synchronize all li�,hts. Enclosed is a letter from Resource Systems Group which also indicates that the lights do not need to be resynchroni-.ed at this time. Staff recommends that the Commission approve the request. Sig- nals should not be installed if warrants are not met. According to the signal_ warrant. analysis, a signal will not be warranted until 150 vehicles are exiting the project roadway during the P.M. peak. It. is estimated that Larkin -Terrace and the new theater will generat- approximately 80 exiting vehicles during the peak hour. The approval motion s.iould require applicant to monitor traffic counts and install signal when warrants are met. At time of installation, all signal shall be synchronized. 5) L&M PARK - RES'_AiJRANT/RETAIL AMENDMENT - SKETCH PLAN This amendment consists of reducing the size of the retail build- ing from 40,090 square feet to 20,800 square feet, adding 40 motel units to the second floor, moving this building to the west and adding a 51000 square foot fast food restaurant with drive through adjacent to and fronting Shelburne Road. Access: Acces-, to the project. from Shelburne Road has not changed. Neither has the access points changed on Fayette Road. Direct access tt.e restaurant and retail/motel building will be within the part: in^. 3 Memorandum - Planning November 19, 1991 agenda items November 15, 1991 Page 4 Parking/Circulation: The commercial portion of this development excluding the new retail/motel building requires 508 spaces by standard. The plan shows a total of 423 Parking spaces including 11 handicapped sp aces. There is an opportunity for shared parking with the mix of uses proposed. Hotel and movie parking demand tend to peak later in the evening than fast food restau- rant. The applicant should present evidence prior to final plat which indicates that the proposed 423 parking spaces will ade- quately serve the theater, existing hotel and fast food restau- rant. The addition of the retail/motel building will require 669 total parking spaces for the commercial portion. The City and applicant should determine whether an additional retail/motel building is realistic in light of the City's parking require- ments. Circulation is adequate. Landscaping: Landscaping information not submitted. Must be submitted for final plat.. Coverage/Setbacks: The existing approved plan meets setback and front yard coverage requirements along Shelburne Road. The existing plan does not meet setback and coverage requirements along the new Fayette Road. The Planning Commission used its authority under PCD review to waive the setback and coverage requirements along Fayette Road due to the developments' original concept of pushing buildings up toward the road and hiding park- ing behind the buildings. The proposed plan meets setback requirements from Shelburne Road, however, it now violates front yard coverage. The plan continues to not meet front yard setback and coverage requirements along Fayette Road. With each revision being submitted, the plan is moving closer to a typical strip development character wit_.h buildings setback and parking and paving fronting the public roadway. Staff recommends that the Planning Commission not waive the front yard coverage requirement. along Shelburne Road. Sewer: An additional sewer allocation of 67,800 gpd is now re- ;uired. The previous allocation approved was 58,060 gpd. Trai'-fic_ A trip generation assessment shall be submitted prior to final plat to make sure the development fits within the trip yap. 4 Memorandum - Planning Novmeber 19, 1991 agenda items November 15, 1991 Page 5 Other: Prior to final plat submission, the applicant should indicate exactly what is to be constructed with each phase of development. For example, during this phase what is to be done with the land designated for a future retail/motel building? I assume it will remain green space. Also, are all 423 parking spaces to be constructed now, or only a portion? Staff Recommendation: It is staff's recommendation that this application be denied as it does not comply with the Comprehen- sive Plan as required by Section 19.151(m) of zoning regulations and Section 505 of subdivision regulations, and does not further the Purpose Statement for PCD's (Section 11.50) which stresses "innovation of design." The plan proposes a small building surrounded by parking fronting Shelburne Road. This type of design represents typical auto - oriented strip development which the City is trying to get away from. This concept is not in keeping with recommendation #5 in Chapter IX of the 1991 Comprehensive Plan which states that "in reviewing and approving developments, especially along Route 7 ... the City should require [locating] parking to the rear of buildings wherever possible." Recommendation 3(d) of Chapter X states that "The City and CCTA should ... encourage the implemen- tation of improvements to make ... Shelburne [Road] more "transit friendly." CCTA director, Cathy Debo, has testified on a number of occasions to the benefit of moving structures closer to Shel- burne Road instead of parking lots along Shelburne Road, as a means of making Shelburne Road more transit friendly. Section 11.50 of the zoning regulations states that PCD's are permitted in order to encourage innovation in design and layout. The existing approved plan shows a retail building fronting Shelburne Road and fronting the first 200 feet of Fayette Road. Parking is hidden behind the retail building and the existing Larkin Terrace building. This concept represents an "innovative" design which works to discourage the strip development character of Shelburne Road and therefore complies with the Comprehensive Plan. The new plan, on the other hand, promotes the strip devel- opment character of Shelburne Road. The design concept of the existing approved plan should be maintained. 5 r MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 4, 1992 agenda items Date: January 31, 1902 3) L&M PARK = RESTAURANT/RETAIL AMENDMENT - REVISED FINAL PLAT This amendment consists of reducing the size of the retail build- ing from 40,000 square feet to 25,000 square feet, moving this building to the west, adding a 3,600 square foot fast food res- taurant (80 seats) with drive through and adding one (1) unit to the existing motel. Sketch plan for this amendment was reviewed on November 19, 1991 (minutes enclosed). The sketch plan con- sisted of a 20,800 square foot retail building with 40 motel units on the second floor and a 5,000 square foot fast food restaurant with drive through. The Revised Final Plat differs from the sketch plan in that the retail building has been in- creased in size by 4,200 square feet, the 40 unit motel has been eliminated and the fast food restaurant has been decreased in size by 1,400 square feet. The applicant is requesting approval for one (1) additional motel unit because when a portion of the rear motel building was removed to make way for the new road, they were able to save one (1) more unit than they originally thought. The existing motel will now have a total of 61 units. Access/Circulation: Access to the project from Shelburne Road has not changed. The easterly curb cut serving the retail build- ing and restaurant on Fayette Road has been moved approximately 27 feet to the west since sketch plan and as a result is no longer opposite the curb cut serving Larkin Terrace. Circulation throughout the site is acceptable. Coverage/setbacks: Building coverage is 17% (maximum allowed is 30%). Overall coverage is 65% (maximum allowed is 70%). Front yard coverage along Shelburne Road for the north lot is 5.8% (maximum allowed is 30%). Front yard coverage along Shelburne Road for the south lot is 0% (maximum allowed is 30%). The proposed restaurant building and retail building meets the setback requirements. Traffic: The original approval for L&M Park limited the P.M. peak hour trip generation to 623 vehicle trips ends per hour. The Shared Parking/P.M. Peak Hour Trip Generation report submit- ted by the applicant (see enclosed) indicates that this project will now generate 594 vehicle trip ends per hour. This number is partly based on using 87 vehicle trip ends (vte) for the proposed 1 Memorandum February 4, January 31, Page 2 - Planning 1992 agenda items 1992 150 residential units. In previous approvals the Planning Com- mission used 99 vte for these units. Staff recommends that 99 vte be used instead of 87 vte which would bring the total trip generation to 606 vte/hour. This is 17 vte/hour less than the maximum permitted. Lighting: Parking and street lighting will consist of 29 250 watt High Pressure Sodium cut-off luminaries on 20 foot poles. Parking: The commercial portion of this project requires a total of 619 parking spaces by standard. The plan submitted shows a total of 442 spaces, 36 of which will be covered and located on the first level of the retail building. A total of nine (9) handicapped parking spaces are required and the plan shows a total of 12 handicapped spaces. The applicant has prepared a shared peak parking demand report (see enclosed) which is based on the ULI Shared Parking manual. Staff recommended that this manual be used for this project. This same manual was used to calculate the shared peak parking demand for both the Commerce Square and Lakewood Commons develop- ments. The parking availability for these (2) projects seem to be working well. The shared peak parking demand report concludes that the total peak parking demand is 478 spaces. This is 141 spaces or 22.8% less than is required. The plan shows only 442 spaces. Staff recommends that at least 478 spaces be provided, or the project scaled down to meet the 442 spaces shown. The applicant should also address the issue of location of parking in relation to peak demand of uses. All parking stall dimensions and aisle widths meet the minimum requirements. Sewer A sewer allocation of 61,850 gpd is now required. This is 3,790 gpd more than was allocated at the 6/25/91 approval. This new total assumes 52,500 gpd for the residential portion and 9,350 gpd for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment Facility, the 3,790 addi- tional gpd required will be placed on a waiting list until such time as sufficient capacity is available. Memorandum February 4, January 31, Page 3 - Planning 1992 agenda items 1992 Landscaping: Revisions have again been made to the landscaping plan and this plan still meets the minimum landscaping require- ment of $107,500. Five (5) additional street trees have been added for a total street tree value of $16,000. Therefore, the total landscaping value is $123,500. The landscaping plan indicates that there will be 12 Honey Locust in the area between the bank and the retail building but staff counts only eight (8) trees in this area which are shown on the plan. The landscaping plan also indicate that six (6) Radiant Crabapple trees will be planted at the westerly end of the site on the northerly side of Fayette Road but the plans show only five (5) trees at this location. Staff suggests more landscaping along the parking lot behind McDonald's to screen the lot from Fayette Road. Other: --- footprint of main motel building is different on sheet 2 than on the other sheets. All sheets should show this building with the same configuration. --- sheet 1, note 10 indicates that the hotel has 60 units, it is staff's understanding that there are now 61 units. --- applicant was requested to submit elevations of the new building for the Planning Commission to review aesthetics criteria but none have been submitted. 4) L&M PARTNERSHIP/MARIE UNDERWOOD - 2 LOT SUBDIVISION - SPEAR STREET This application is for reapproval of a preliminary plat and final plat approved on June 25, 1992 and September 17, 1991 respectively (minutes enclosed). The project consists of the subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres. The reason for the reapproval is the failure of the applicant to record the final plat within 90 days of approval. The plan is identical to the one previously ap- proved. 3 PLANNING COMMISSION 19 November 1991 page 4 Mr. Burgess noted the state has said the light can't go up until warrants are met. Mr. Austin asked why lights can't be synchro- nized now. He said the only reason the project was passed was because of the things that would improve traffic problems. It now appears the applicant isn't going to do this. Traffic in the area is terrible now and this project will add to it. He felt the applicant should do whatever they can to make it better. He said he wasn't willing to waive the synchronization. It was noted that lights are currently synchronized and there was no need to resynchronize them until the new light is installed. Mr. Austin moved the Commission approve the request of Gerald Milot and John Larkin to amend condition #9 attached to the 12/ 11/90 final plat approval for the L&M Park planned commercial de- velopment on Shelburne Rd. Condition #9 shall be amended to read as follows• "Prior to issuance of a certificate of occupancy for any phase of development, the applicant shall complete construction of the southbound deceleration lane on Route 7 and shall install the underground components of the signal system, including the pole cases, conduit, etc. Installation of the signal will not be authorized until warrants are met. At time of application for further phases of development, the applicant shall update the signal warrant analysis. When signal warrants are met, applicant shall be required to install the traffic signal. In addition, the applicant shall properly time the signal and synchronize all traffic lights from I-189 to Allen Rd. Prior to the installation of the signal and synchronization of all signals, the applicant shall submit a letter to the planner from the VAOT which indicates approval of the signal installation and synchronization improvements." Mrs. Maher seconded. Motion passed 6-1. 5. Sketch plan application of G. Milot and J. Larkin to amend the L&M Park planned commercial development to consist of 150 residential units, 20,000 sq. ft. theatre, 5000 sq. ft. fast food restaurant, 20,800 sq. ft. of retail use, a 60 room hotel and a 40 room hotel, Shelburne Rd.: Mr. Llewellyn showed on the plan what exists now. They want to put in a fast food restaurant _n the front of the property (probably McDonalds). They would reduce retail space from 40,000 sq. ft. to 20,800 sq. ft. and add a 40 unit motel to the second floor. Retail would move to the west of the lot. Mr. Craig said this is a pcd which should have innovative design. He didn't see this as a plan they could come in and change at any PLANNING COMMISSION 19 November 1991 page 5 time. He said he was not pleased with another fast food restaurant with a sea of parking around it. Mrs. Maher said she didn't want to see a fast food place at the entrance to what will be a large nice residential neighborhood. Ms. Peacock objected to placement of the restaurant as a free standing structure. She said she wouldn't have a problem if it were part of the retail building. Mr. Burgess said that by substantially reconfiguring the plan, the applicant was negating the innovation that the Commission was willing to approve in the first place. Mr. Weith felt the Commission had to look at the question of Parking for the whole project. Mr. Burgess said the applicant had to sit down with city staff and see what will work for parking. He noted they were short 30o before considering shared parking spaces. Mr. Sheahan said he wanted to see most of the building in the back with a wider green belt on Shelburne Rd. Mrs. Maher stressed that she was concerned with the atmosphere that would be generated at the entrance to a residential development. Mr. Burgess said he wanted to get acres of blacktop off Shelburne Rd. He was also concerned with parking. Mr. Llewellyn asked how the Commission would react to a sit-down restaurant in the back of the lot. Members said they were not categorically opposed. As there was no further business to come before the Commission, the meeting adjourned at 9:50 pm. Clerk a PLANNING COMMISSION 3 March 1992 page 3 Mr. Burgess asked Mr. O'Neill and those working with him to be sensitive to the issues raised tonight, specifically: lighting, noise, traffic, views. He felt the plan was generally on a track that wouldn'.t meet with opposition from the Commission. A suggestion was made for a site visit on the part of the Commission. 4. Consider request of Charles Deslauriers to postpone a public hearing for a preliminary plat application for a planned commer- cial development at 421 Dorset St. to the 4/4/92 meeting. The application is for a planned commercial development consisting of 218,800 sq. ft. of general/medical office space including cafe/ deli, a pharmacy and two shops in 6 buildings on 12.5 acres: Mr. Weith said he will be speaking with the City Attorney on how to proceed with this application. Mr. Sheahan felt the Commission needed to know whether they should proceed at all if the application doesn't meet zoning requirements. Mr. Weith said this will be the next major topic in the next meeting with the applicant. Mrs Maher moved to continue the application until 4 April 1992. Mr. Sheahan seconded. Motion passed unanimously. Ms. Pugh asked that Mr. Weith be sure to notify residents of the next hearing. 5. Public Hearing: Continue revised final plat application of John Larkin and Gerald Milot for construction of a planned com- mercial development consisting of 150 multi -family residential units, a 60 room hotel, 20,000 sq. ft. movie theatre (1000 seats), 25,000 sq. ft. of retail use, a 3600 sq. ft. fast food restaurant with drive-thru, on a 33 acre parcel located on Shelburne Rd.: Mr. Rabideau said he felt progress had been made on issues pre- viously raised. A landscape plan is prepared and street trees are included. They have moved the building back from the corner of Fayette Rd. and the access road to address safety concerns. The handicapped acess has been relocated so there is no cross - traffic for handicapped persons to cross. The service area will be screened and enclosed by a wall. Access to the service area is now controlled. Mr. Rabideau showed the proposed sign. The maximum height to the top of the sign is 15 ft. It will be internally illuminated and will meet all requirements. Detailing of the building was then shown. There will be gable roofing with clapboard siding. Mr. Rabideau then showed details of the retail buildings. There will be underground parking. The PLANNING COMMISSION 3 March 1992 page 4 buildings will have wood siding with wood trim, gabled roofing. Signage for the retail buildings will be on the facade of the buildings. Mr. Rabideau said they are providing more landscaping than required. Mr. Sheahan asked for details of the handrail. Mr Rabideau showed how people have a longer time period before entering the area with traffic. This is time for drivers to see pedestrians are there. Mr. Sheahan said he wasn't pleased with a 15 ft. pole sign and preferred a ground -rise sign 4 to 6 ft. high. Mr. Rabideau said they are flexible on this. A McDonald's person said they feel the sooner people see a sign the safer it is since McDonald's is more of an impulse restaurant. He said they could build a berm with shrubs around the sign to make it look "like a popsicle." Ms. Peacock asked what color the building will be. Mr. Milot said it will be warm grey with a slate roof. Shutters will be white. Mr. Milot stressed that the Planning Commission will have long term design review. Ms Peacock moved the Planning Commission approve the revised final plat application of John Larkin and Gerald Milot for, con- struction of a planned commercial development consisting of 150 multi -family residential units, a 61 room hotel, 20,000 sq. ft. movie theater (1000 seats), 22,000 sq. ft. of retail use, and a 3,100 sq ft fast-food restaurant with drive -through, as de- picted on a sixteen page set of plans, page one entitled "L&M Park, South Burlington, Vermont, Overall Site Plan," prepared by Fitzpatrick -Llewellyn, Inc, and dated June, 1990, last revised 1/ 30/92, with the following stipulations: 1 All stipulations contained in previous approvals which are not superseded by this approval shall remain in effect. 2 This approval is conditioned on a maximum seating capacity for the fast food restaurant of 95 interior seats and 20 exterior seats. 3 An additional sewer allocation of 63,028 gpd is granted for the entire project A credit of 8,600 qpd for the existing hotel/apartment units is granted. The 63,028 qpd assumes 52,500 qpd for the residential protion and 10,528 gpd for the commercial portion (i.e., 19,128 gpd total - 8,600 gpd credit = 10,528 gpd)_ Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd shall be considered reserved capacity as approved on 12/11/90 The remaining 11,476 qpd shall be -laced on the waitinq list until such time as sufficient capacity is available as determined by the City Planner. Of the remaining PLANNING COMMISSION 3 March 1992 page 5 11,476 gpd, 6,508 qpd shall remain as #1 on the waiting list as approved on 6/25/91 and 4,968 qpd shall be placed as #5 on the waiting list. 4. It is anticipated that the project will generate 566 peak hour trip ends. This trip generation fits within the 623 peak hour trip end limit established by the Commission with the 12/11/90 approval. 5. The Commission approves a total of 465 parking spaces to serve the commercial portion. of the project. This represents a waiver of 127 spaces, or 21.5% from the 592 spaces required by standard It is the Commission's opinion that 465 spaces will adequately serve the development due to shared parking opportunities. 6. The plans shall be revised prior to recording to address the following: a. Notes #9 and #10 on sheet 1 of 16 shall be revised to indicate 465 spaces to be provided, not 466; b. The landscaping plan and schedule shall be revised so that they are consistent in terms of numbers of plantings to be installed. 7. The South Burlington Zoning Regulations permit planned unit developments (PUD) including planned commercial developments (PCD) in order to encourage innovation in design (Sections 11.50 and 19.15) and require that PUD's and PCD's consider aesthetic compatibility with existing buildings and site characteristics (Section 19.151g). In an effort to determine compliance with these criteria, the Planning Commission required the applicant to submit for review and approval building elevations for the retail building and fast-food restaurant buildings The Planning Commission approves as a component of this application the two page set of building elevation and floor plans entitled "McDonald's Corporation, Series 2000 Plus Building," drawn by JMH and dated received 2/25/92, and the three page set of plans entitled "L&M Park Retail Building" prepared by Gregory T. Rabideau and dated 3/3/92. In additon, based upon the express representation of the applicant, the exterior of the structures shall be constructed of warm grey wood clapboard, warm fibreglass shingle roof (slate colored) and white trim Any change shall require approval of the South Burlington Planning Commission 8. Prior to occupancy of either the fast-food restaurant or re- tail building, the proposed traffic signal on Shelburne Rd shall be installed. In addition, the applicant shall be responsible for properly timinq the signal and synchronization of all traffic lights from I-189 to Allen Road Prior to installation of the new signal and synchronizing of all signals, the applicant shall submit a letter to the Planner from VAOT which indicates approval PLANNING COMMISSION 3 March 1992 page 6 of the si nal installation and synchronization improvements. 9. The revised final Plat shall be signed by the Plannin Commission Chairman or Clerk and recorded in the South Burlington land records within 90 and void days or this approval is null Mrs. Maher seconded. Motion Passed 6-1 with Mr. Craig voting against. Ms. Pugh left the meeting at this time. 6. Public Hearing: Continued reviesed final plat application of South Burlington Realty for construction of a 49,000 sq. ft. building for general office use (38,000 sq. ft.), retail use (9,400 sq. ft.), and mechanical space (1,600 sq. ft.) on 39 acres of land along Corporate Way: Mr. Yeager said there have been minor revisions: They added a 60 ft. right-of-way so the buidling can be built with required set- backs. The right-of-way comes eastward from the China Lite driveway. The building has been set back an additional 3 feet which is within what the streetscape plans call for. The street will be built in compliance with streetscape guidelines. rt won't be built to city standards. An offer of dedication will be given. They will do the surface as it should be but won't do the underground utilities. There won't be a big turnaround at the end. With regard to parking, they did away with the truck loading area near China Lite and moved it to the other end of the building with access to the indoor dumpster and recycling center. The plan shows 211 parking spaces; only 202 are required. Mr. Jeager said they know that if the street is extended as a public street they will have to move whatever is put in the 60 ft. right-of-way. They will stipulate that. With regard to landscaping: the caliper of street trees has been increased. There was a shortfall in landscaping, and the ap- plicant felt that street furniture/fountain should count toward this. The Commission after a brief discussion, felt it would prefer to waive a portion of the landscaping rather than con- sider other amenities in place of landscaping. There will be a little park area that will be visible from Corporate Way. It would serve as a nice place to sit for someone out walking. Members felt this was reasonable. Storm drainage: Drainage will be accomplished by sheet flow off the edge of the parking lot combined with underdrains to feed 04"�. '53 11:42 %T618 780 0240 MCDONALD9 CORP [a001 • MOoonaiC•3 Corporation 15 British American !Boulevard Airport Perk Latham, Nevi York 12110 (516170b om Fax: (31 d) 756.0240 Mr. Steven F. Stitxel STITZEL & PACE, P.C. Attorneys at Law 171 Battery Street Burlington, Vermont 0%01 Fax: W2.660-2552 fie: McDorudd's Restaurant, Shelburne Road L/C: 044 - 0041 South Burlington, Vermont Dear Mr. Stltzel: In response to your letter addressed to Mr. Jim Benware of Wallace Enterprises, dated April 4, 1995, I have enclosed an October 27, 1994 letter I sent to Mr. Raymond J. Belair of the City of South Burlington. The letter addressed the puking issue and included a copy of our Mtamorandum of Lease, recorded !al the City Clerk's Office on August 7,1992. Also included in that letter is a copy of our 5hopping Center lease Addendum which out'!13'te the easement rights. At this time, we continue to contend that we havw eking -.moment rights throughout the existing center (shared arkin and that we have exclusive parking on our demised area. my vw edge, there Is no restriction in the PCD approval that prohibits ane parceTfrO }wing exclu9ivti parking rights, as long as that parcel has parking right6 throughout the center. Fleese review your files and forward any supporting door=mentatldn you may I~,awe that would prohibit exclusive parking rights and any permit information that specifically requires ouz demised area to be a shared parking area with the remainder of the center. I would certainly like to cleA.x t`+_is matter up as quIC30y as possible. r1we feel fee to contact me directly if you would like to discuss the matter in greater detail, very trul 2ga ark W. K Real Estate Manager cc: Donna Ehmke Bill cnfranceeeo Jim Benware Joe Thomas k\40rml \kvTigut \MQdotisld&\044-0041 \st1tga1 * Printed on ti00yd*d P&POr APR. 06 ' 95 (TH{Jf I2,9I COMMUNICATION Na:39 PANE. 1 Z'? 30Hl-,: 71 I'll A .:5zi) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 24, Mark W. Kerrigan Real Estate Representative Mcdonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 Re: Parking at McDonald's, 1125 Shelburne Road Dear Mr. Kerrigan: " &01 �*Ml I ZONING ADMINISTRATOR 658-7958 This is in response to your letter of October 14, 1994. A review of our files clearly indicates that all the parking spaces in the commercial portion of the L&M Park development was to be shared by the commercial uses including Larkin Terrace. I am enclosing the following two (2) documents to support our position: 1) a copy of 3/3/92 Planning Commission meeting minutes at which the Mcdonald's building was approved, and 2) a copy of a letter from FitzPatrick-Llewellyn, Inc. dated 1/14/92 which calculates the number of spaces needed based on a shared parking analysis. I call your attention to condition #5 on page 5 of the Planning Commission minutes. The Planning Cmmission waived the construction of 127 parking spaces due to shared parking opportunities. The waiver of these spaces was supported by a shared parking analysis prepared for L&M Partnership by FitzPatrick-Llewellyn, Inc. This analysis used an hour of day adjustment of 0.52 which was ascertained from information provided by the Mcdonald's Corporation. It is quite clear that the approval of your restaurant was conditioned on your sharing your parking and that Mcdonald's Mark W. Kerrigan Parking at McDonald's October 24, 1994 Page 2 Corporation was fully aware of this arrangement prior to granting the approval. If you have any questions, please give me a call. Sinc ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Jim Benware John Larkin FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 January 14, 1992 Mr. Greg Rabideau Larkin Realty 410 Shelburne Road South Burlington, Vermont 05403 RE: L&M Park - Shared Parking/PM Peak Hour Trip Generation FILE: 88047 Dear Mr. Rabideau: As requested, we have evaluated the shared peak parking demand and the PM peak traffic generation for the L&M Park. That evaluation is for the following land -uses: 1. 1,000 seat movie theater 2. 25,000 s.f. retail 3. 3,600 s.f. McDonalds Restaurant (with drive-thru) 4. Existing 1,400 s.f. Vermont National Bank 5. Existing 61 unit Larkin Terrace apartment complex Shared parking is accomplished by accounting for hourly, daily and monthly variations in the peak parking demand for different land -uses. Those parking characteristics are obtained from the reference "Shared Parking, The Urban Land Institute, 1987". That manual is endorsed by Joe Weith, City of South Burlington Planner. A review of that reference indicates that the City's parking rate requirements may be high compared with those included within Shared Parking. As such, this office contacted Joe Weith and it was agreed that the City's parking rates could be reduced for several of the land -uses. The calculations for shared peak parking demand indicate that for the above land -uses, the overall site peak parking demand will occur on a Saturday in July. Table 1 on the following page details the summary of peak parking rates and the hourly and monthly adjustments for a Saturday in July for each land -use. Design • Inspection 0 Studies • Permitting • Surveying Mr. Greg Rabideau FILE: 88047 January 14, 1992 Page Two TABLE 1 PEAK PARKING RATES & TEMPORAL ADJUSTMENTS TO PEAK PARKING T--,4-TT-- Movie Theater Retail Restaurant Bank - Area for public use - Area for office Residential Peak Parking n-, — - 0.3 sp/seat 5 sp/1,000 sf 20 sp/1,000 sf 1 sp/250 sf 3 sp/1,000 sf 1.25 sp/unit Hour of Day Month of Year Adjustment Adjustment 1.0 1.0 0.55 1.0 0.52* 1.0 N/A N/A N/A N/A 0.95 1.0 The adjustment to the restaurant peak parking rate for 8:00 PM on a Saturday was ascertained from information provided by the McDonald's Corporation. Finally, the equation for peak parking for a Saturday in July as adjusted for hourly and monthly variations is: Peak Parking Demand = Movie Theater + Retail + McDonald's Restaurant + Vermont National Bank + Larkin Terrace or, [(0.3 x 1,000 x 1 x 1) + (5 x 25 x 0.55 x 1) + (20 x 3.6 x 0.52 x 1) + 0 (Bank parking equals zero for Saturday) + (1.25 x 61 x 0.95 x 1)] Therefore, the total peak parking demand equals 478 spaces. TRIP GENERATION Trip generation calculations have been performed for the PM peak hour. Those calculations were performed using "Trip Generation, Institute of Transportation Engineers, 5th Edition, 1991". Detailed results of those calculations are enclosed. FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Mr. Greg Rabideau FILE: 88047 January 14, 1992 Page Three For the PM peak hour, it is anticipated that a total of 594 vehicle trip ends/hour (vte/hr) will be generated by the L&M Park. As such, the combination of the proposed land -uses will be below the maximum PM peak trip generation allowed of 623 vte/hr. Should you have any questions, or if we may be of additional assistance, please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED Brendan Kelly, P.E. Enclosure cc: Joe Weith, City of South Burlington FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services JOB NAME: LhM PARK PHASE: FULL BUILD -OUT DATE: January 14, 1992 ANALYST: B. Kelly JOB NO.: 88047 DATA SOURCE: ITE TRIP GENERATION - 5th EDITION ITE -- PM PEAK HOUR -- DESCRIPTION -------------------------------------------------------------------------------- L.U.C. SIZE UNITS ENTER EXIT TOTAL RESIDENTIAL CONDOMINIUM 230 150 UNITS 57 30 47 MOVIE THEATRE W/ MATINEE 444 1,000 SEATS 82 22 104 SHOPPING CENTER 820 25,000 SQ. FT. )36 135 271 FAST FOOD W/ DRIVE-IN -------------------------------------------------------------------------------- 834 3,600 SQ. FT. 69 63 132 TOTALS 344 250 594 VTE/HOUR FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services E 1/Afr/?z S1"u p Y 7N G ,-+G r •. �t ail s --� r (,.,,� w �/� �'' `rv`.f'C.` U^t - W lY I 3 !2v o s lia ; (. 1 -- �U�ry�yyiv� /:a�u, �✓� �'/ """- i'v(,l, '�'- -tea o t� 2oN Mr. Greg Rabideau FILE: 88047 January 14, 1992 Page Two TABLE 1 PEAK PARKING RATES & TEMPORAL ADJUSTMENTS TO PEAK PARKING T -. .. 4-TT-- Movie Theater Retail Restaurant Bank - Area for public use - Area for office Residential Peak Parking n- +-- 0.3 sp/seat 5 sp/1,000 sf 20 sp/1,000 sf 1 sp/250 sf 3 sp/1,000 sf 1.25 sp/unit Hour of Day Month of Year Adjustment Adjustment 1.0 1.0 0.55 1.0 0.52* 1.0 N/A N/A N/A N/A 0.95 1.0 The adjustment to the restaurant peak parking rate for 8:00 PM on a Saturday was ascertained from information provided by the McDonald's Corporation. Finally, the equation for peak parking for a Saturday in July as adjusted for hourly and monthly variations is: Peak Parking Demand = Movie Theater + Retail + McDonald's Restaurant + Vermont National Bank + Larkin Terrace or, [(0.3 x 1,000 x 1 x 1) + (5 x 25 x 0.55 x 1) + (20 x x 0.52 x 1) I/ U` + 0 (Bank parking equals zero for Saturday) + (1.25 x 61 x 0.95 x 1)] Therefore, the total peak parking demand equals 478 spaces. TRIP GENERATION Trip generation calculations have been performed for the PM peak hour. Those calculations were performed using "Trip Generation, Institute of Transportation Engineers, 5th Edition, 1991". Detailed results of those calculations are enclosed. J FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services I CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record James Fayette 1930 Shelurne Road Shelurne Vermont 05495 b. Applicant John Larkin Gerald Mil 410 Shelburne Road 20. Box 41 S. Burlington, Vermont Burlington, Vermont 05402 c. Contact person Greg Rabideau 410 Shelburne Road South Burlington, Vermont 04503 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Revision to previously approved PCD. Change 40,000 sq. ft. Retail to 20,800 sq.ft. retail, 5,000 SQ.FT. fast food restaurant and 40 unit hotel. 3) Applicant's legal interest in the property (fee simple, option, etc) Lease purchase agreement. 4) Names of owners of record of all contiguous properties see previous application 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. see previous application i e , 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. To remain as originally approved. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed sub- division, and include the dates of such actions: Final Platt Approval, last revision; August 1991 8) Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties. 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and cove- nants. 4) Type of, location, and approximate size of existing and proposed streets, utilities, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. (Signature) pplicant or contact person date STITZFL & PAGE, P.C. ATTORNEYS AT LAW 171 RA'ITERY STREET HURLINCTON. VEAWONT05401 (802) 660-2555 (VOICE/TDD) STENEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATH U. PAGE- ARTHUR W. CERNOSIA -- RORERT IL FLETCHER 01ANNE L. KENNEY LAURIE A. LCCLAIR (CAI.III AIIM,"I11!I) , N.Y.) November 29, 1994 Mr. Jerry C. Milot Mr. John Larkin L & M Partnership 76 St. Paul Street Burlington, Vermont 05401 Re: Parking at L&M Park, South Burlington Dear Messrs. Milot and Larkin: I am writing on behalf of the City of South Burlington in an attempt to resolve the issues that have arisen regarding the shared parking arrangement which exists at L&M Park. On March 3, 1992, the Planning Commission allowed you to have only 465 parking spaces to serve the commercial portion of L;&M Park (the Planning Commission waived 127 spaces) in consideration of the shared parking arrangement. Pursuant to that arrangement, all tenants within L&M Park are allowed equal access to all parking spaces within the L&M Park boundaries. As you know, there has been resistance by MacDonalds to allowing other L&M Park tenants, especially Larkin Terrace residents, to use parking spaces surrounding their restaurant. The shared parking arrangement does not allow individual L&M Park tenants to keep anyone from parking in a particular space. The City is hopeful that it will be able to resolve this matter without litigation. However, this issue has now reached a heightened level of concern and unless you are able to assure me that there will be no further resistance from MacDonalds or any other tenant in abiding by the shared parking arrangement, the City has authorized us to commence an action for violation of the Planning Commission approval. Mr. Jerry C. Milot Mr. John Larkin November 29, 1994 Page 2 Since violation of the shared parking arrangement is your responsibility, I would appreciate your contacting me on or before Monday, December 12, 1994 with a written assurance that all L&M Park tenants will not violate the shared parking arrangement. I look forward to hearing from you. Sincerely, Dianne L. Kenney DLK/smw SON1530.cor #3088 cc: Joseph Weith Charles Hafter STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* ARTHUR W. CERNOSIA -- ROBERT E. FLETC14ER DIANNE L. KENNEY LAURIE A. LOCLAIR (*-1 O ADMITTED IN N.Y.) November 14, 1994 Mr. Joseph Weith, Planner South Burlington Offices 575 Dorset Street South Burlington, Vermont 05403 Re: L&M Park - Shared Parking Agreement Dear Joe: Enclosed please find a draft of a letter to Messrs. Larkin and Milot regarding violation of the Shared Parking Agreement provision of the 1992 Planning Commission approval. I would appreciate your reviewing the letter and calling me with any comments and/or revisions. Finally, please discuss with Chuck the possibility that we may have to commence litigation in this matter. I would like to have his approval before we send out this letter. Sincerely, (;�) 671- Dianne L. Kennev DLK/smw Enclosure SON1531.cor #3088 DRAFT November 14, 1994 Mr. Jerry C. Milot Mr. John Larkin L & M Partnership 76 St. Paul Street Burlington, Vermont 05401 Re: Parking at L&M Park, South Burlington Dear Messrs. Milot and Larkin: I am writing on behalf of the City of South Burlington in an attempt to resolve the issues that have arisen regarding the shared parking agreement which exists at L&M Park. On March 3, 1992, the Planning Commission allowed you to have only 465 parking spaces to serve the commercial portion of L&M Park (the Planning Commission waived 127 spaces) in consideration of the Shared Parking Agreement. Pursuant to that Shared Parking Agreement, all tenants within L&M Park are allowed equal access to all parking spaces within the L&M Park boundaries. As you know, there has been resistance by MacDonalds to allowing other L&M Park tenants, especially Larkin Terrace residents, to use parking, spaces surrounding their restaurant. The Shared Parking Agreement does not allow individual L&M Park tenants to keep anyone from parking in a particular space. The City is hopeful that it will be able to resolve this matter without litigation. However, this issue has now reached a heightened level of concern and unless you are able to assure me that there will be no further resistance from MacDonalds or any other tenant in abiding by the Shared Parking Agreement, the City has authorized us to commence an action for violation of the Planning Commission approval. Mr. Jerry C. Milot Mr. John Larkin November 14, 1994 Page 2 Since violation of the Shared Parking Agreement is your responsibility, I would appreciate your contacting me on or before Monday, November 28, 1994 with a written assurance that all L&M Park tenants will not violate the Shared Parking Agreement. In the—eVe—nt-that--I do not hear from you by that date—-lega1._action--wi-11__begin . I look forward to hearing from you. Sincerely, Dianne L. Kenney DLK/smw cc: Jose h Weith SON1530.cor #3088 McDonald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 (518)786-6900 Fax: (518)786-0240 October 27, 1994 Mr. Raymond J. Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Parking at McDonald's Shelburne Road, UC: 044 - 0041 Dear Mr. Belair: As you requested in our telephone conversation, enclosed is the section from our lease and from our recorded memorandum of lease that deals with the common area parking (shared parking). As you can see, we have identified our demised premises as well as the common areas. It is very clear that we did not intend to allow non -patrons to utilize our parking area. The information you sent me indicates that there is a need for shared parking areas, as is provided in our lease on parcel "T'. However, there is no specific indication that our demised area must be a common area to the entire development. Ray, obviously we would like to clear this matter up as quickly as possible. In our phone conversation, I explained our concern that the surrounding commercial and residential tenants could overload our parking area. It is our basic mode of operation not to allow adjacent tenants to utilize our parking area. As we did at the subject location, we typically negotiate access to the parking areas throughout a shopping center. However, we make it clear that our demise premises are not part of the common parking for the entire I hope this clears up the problem. If you need any additional information or have questions, please feel free to call me. Sincerely, Mark W. Kerrigan Real Estate Representative cc: Brian Darby Donna Ehmke Jim Benware Jerry C. Milot & John Larkin D.B.A. L & M Partnership, 76 St. Paul St., Burlington, VT 05401 k:\40real\kerrigan\mcdonalds\44-0041\s-burl2.doe ® Printed on Recycled Paper CVY CLERKS OFFICE SOUTH BURLINGTON, VT Received Shelburne Rd. Recorded in Vol. `3 �� onpage y L/C: 44-0040 01 So, Burlington Land Recor MEMORANDUM OF LEASE Attest, ( Shopping Center) Margaret A. Picard, City Clerk THIS MEMORANDUM OF LEASE, dated this 6th day of July, 1992, is between JOHN P. LARKIN AND GERALD C. MILOT dba LARKIN MILOT PARTNERSHIP, and John P. Larkin, individually (the "LANDLORD"), whose address is Milot Properties, 76 St. Paul, St. Burlington, VT 05401, Attn: Gerald C. Milot, and McDONALD'S CORPORATION, a Delaware corporation (the "TENANT"), whose principal place of business is located at One McDonald's Plaza, Oak Brook, Illinois 60521. LANDLORD hereby leases to TENANT the demised premises with improvements and appurtenant easements, if any, in the Town of South Burlington, County of Chittenden, State of Vermont, described in Exhibit A attached and made a part of this Memorandum of Lease. 1. TERM: TO HAVE AND TO HOLD for a term of twenty years, commencing on March 4, 1992 and ending twenty (20) years from the date when a McDonald's Restaurant constructed on the demised premises opens for business. 2. OPTION TO EXTEND: LANDLORD grants to TENANT the option to extend the term of the Lease at the expiration of the original term for successive periods aggregating twenty (20) years. 3. FIRST REFUSAL: LANDLORD grants to TENANT the right of first refusal to lease and purchase the demised premises. 4. COMMON AREA EASEMENT: LANDLORD grants to TENANT and TENANT'S invitees, licensees, assigns, subtenants and patrons, during the term of the Lease and any extensions, a non-exclusive ingress/egress and parking easement to use all of those portions of the property described in Exhibit B (the "Shopping Cen- ter") designated as parking areas and driveways. 5. UTILITY EASEMENT: LANDLORD grants to TENANT, during the term of the Lease and any extensions, a Non -Exclusive Easement to use portions of the Shopping Center as may reasonably be required now or in the future by the TENANT for the installation, maintenance and repair of sanitary sewer, water, gas and electric utility lines and related facilities. 6. STORM SEWER EASEMENT: LANDLORD grants to TENANT, during the term of the Lease and any extensions, a Non -Exclusive Easement to connect to and use the storm sewer line and related facilities located in the Shopping Center and/or to surface drain over the Shopping Center. 7. PERMANENT EASEMENT: If the TENANT acquires fee title to the demised premises under the terms of the Lease, the easements conveyed in Paragraphs 4, 5 and 6 above shall be perpetual. 5973J/1 1J11 V�J rJ1L� vcu�ca a aaau ua,u v. v....... .�..--.. ..---�•------. THIS ADDENDUM is attached to and forms a part of that certain Lease dated October 23 19 91 between John P. Larkin and Gerald C. Milot dba L&M Partnerhsip ("Landlord") and McDonald's Corporation ("Tenant"). DESCRIPTION OF PROPERTY A. Under the terms of this Lease, Landlord leases to 'Ibnant the real property with improvements and appurtenant easements, if any, described as "Parcel 1" in Exhibit A. B. This property is located on a portion of a planned shopping center (the "Shopping Center") as shown on the lan survey of the Shopping Center Q(j * AX0i attached as Exhibit lKhis property, along with the following described easements, are collectively referred to in this Lease as "Demised Premises:' The parties agree to execute an Amendment incorpo- rating the exact legal description of the Demised Premises based upon the certified survey provided for in this Lease. *which shall be **upon completion by Landlord and approval by Tenant. If Tenant fails to approve of this plan, Tenant may*** C. The legal description of the Shopping Center (excluding Parcel 1) is described in Exhibit C and is shown on Exhibit B as "Parcel 2." 2. EASEMENTS A. Landlord hereby grants to Tenant a non-exclusive easement, appurtenant to Parcel 1, to use all of those portions of Parcel 2 desesiAnated as common areas, parking areas and driveways on Exhibit B, for ingress, egress and parking purposes unng t e entire term of this Lease and an}, extension, for the benefit of the Tbnant, its invitees, licensees, assigns, subtenants and patrons, in common with all other tenants of the Shopping Center. Landlord agrees to maintain a parking ratio of not less than five (5) parking spaces per one thousand (1,000) square feet of leasable area; and the parking areas, common areas and drives located within two -hundred 1200) feet of Parcel 1, as shown on Exhibit B, shall not be changed without Tenant's consent, which consent shall not be unreasonably withheld or delayed. Tbnant may erect curbs and install landscaping in order to define Parcel 1 and Parcel 2. Tenant's employees have the right to park t eir ve is es on Parcel 2. B. Landlord hereby grants to Ibnant non-exclusive easements, appurtenant to Parcel 1, to use portions of Parcel 2 as may reasonably be required now or in the future by the Tenant for the installation, maintenance and repair of sewer, water, gas, electric utilities and related facilities. If any of these utilities are supplied, installed or otherwise controlled by the Landlord. Landlord grants 'Ibnant, its successors and assigns, the right to use coupled with its easement, such utilities and related facilities; and Landlord covenants and agrees to maintain the utility lines in good condition and repair for the Tenant. C. Landlord hereby grants to'Ibnant a non-exclusive easement and license, appurtenant to Parcel 1, to tap into and use the storm sewer lines and related facilities located on Parcel 2 for the purpose of draining any and all surface water runoff from Parcel 1 and the improvements which may. from time to time, be located on Parcel 1. In lieu of tapping into the storm sewer lines on Parcel 2. Tenant may, at its option, surface drain its surface water onto Parcel 2. D. In the event that Tenant acquires fee title to the Demised Premises pursuant to the terms of this Lease, the easements and right to use the utility lines and related facilities conveyed in this Lease shall be perpetual. In such event, Landlord agrees to deliver to Ibnant at closing, a recordable document to convey such easements and rights. E. The title insurance requirements contained in this Lease shall apply to these easementf v 1 199 and Landlord and Tenant agree to cooperate to obtain non -disturbance agreements, consents, waive . and other agreements from penholders, mortgagees, tenants and any other party with superior rights T that might interfere with the rights, duties and obligations contemplated by this addendum. tll f IAL 4- DKZ, 3. LANDLORD'S CONSTR UCTION REQ L'IRE:VENTS I.r: A. SITE PREPARATION: Landlord agrees to clear, fill, compact and grade Parcel 1 an the Parcel 2 access roads, drives and parking areas to those finished elevations appearing on Exhibit D within sixty (60) days after 'Ibnant notifies Landlord that all other contingencies have been met*The existing subgrade shall be cleared of all large stones, sod, wood, mud and other debris, including all foundations and underground tanks and utility lines. All holes and other irregularities shall be filled *Exhibit D will be attached to and become a part of this Lease upon its completion by Tenant. ***terminate this Lease. SCLA-OR-UC-6,89 18073 www utilities and other common areas of the Shopping Center. Within thirty (30) days after all oodtfngencies of this Lease have been met, Landlord shall provide to 'Ibnant, upon 'Ibnant's request, suitable evidence through copies of bills and permits that all fees have been paid and all governmental approvals have been obtained for all utilities, curb cuts, driveways and the construction of the common areas on Parcel 2. E. TEAqORARY ELECTRIC SERVICE: Landlord shall make arrangements for 'Ibn- (/ ant's general contractor have temporary 100 AM�service ' ction, the reasonable costs of such service to be paid by t. Shou ctions or inactions result in the disruption of temporary electrical serv' or fose of a portable generator. F—WARRANTIES: Landlord covenants and agrees to a s to complete the items described above; provi e a statements rs reasonably required by 'Ibnant to insure /� that all mechanic's and materialmen's ri hts have been released or waived; perform all work ` (J in a good, workmanlike ;guarantee all work ornst defects in materials, fault workmanshi esign; and indemnify, defend and hold Ibnant harmless from all costs, claims, and d arising out of or related to Landlord's work. G. TENANT'S REMEDIES: If Landlord's work is not completed within 30 days after 'Ibnant has given Landlord notice that all other contingencies of this Lease have been satisfied, Ibnant may complete such work and deduct the cost from rent thereafter accuring. MAINTENANCE OF PARKING AND COMMON AREAS A. During the entire term of this Lease and any extension, Landlord shall maintain and repair the entire parking and common areas shown on Exhibit B. This obligation on the part of Landlord to maintain the parking and common areas in— oocondition and repair shall, without Limiting the generality, include the following: (1) Maintaining the surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally installed or of similar quality, use and durabil- ity; and (2) Removing all papers, debris, snow, ice, filth and refuse and thoroughly sweeping the areas to the extent reasonably necessary to keep the areas in a neat, clean and orderly condition; and (3) Placing, keeping in repair and replacing any necessary appropriate direction signs, markers and lines; and operating, keeping in repair and replacing, when necessary, such artificial lighting facilities as shall be reasonably required; and (4) Maintaining any perimeter walls and retaining walls in a good condition and state of repair; and (5) Maintaining all landscaped areas, making such replacements of shrubs and other landscaping as is necessary, and keeping such areas at all times adequately weeded, fertilized and watered. B. During the term of this Lease, Landlord shall have the right to enact reasonable rules for all tenants concerning the conduct and operation of the parking and common areas. Landlord agrees to prohibit its employees and employees of other tenants of the Shopping Center from parking on Parcel 1 or wit'tfUn 5TTee�Parcel 1. C. In the event that Landlord fails, after 10 days prior written notice, to repair and maintain the parking and common areas and utility lines and related facilities, 'Ibnant may, at its option, cure Landlord's defaults and deduct its costs from rental subsequently accruing. D. Notwithstanding the above, it is specifically understood and agreed that 'Ibnant shall have no obligation or liability whatsoever in connection with the ownership, maintenance or manage- ment of the parking areas, malls and common areas involved, and that Landlord shall manage, operate and maintain the parking areas, malls and common areas or cause such to be done on its behalf, and that Landlord, or its nominee, shall provide and maintain, at its cost and expense, during the entire term of this Lease, and as it may be extended, an insurance policy or policies which will insure 'Ibnant against injury to persons occuring in, on or about the parking areas, malls and common areas. The liability under such insurance shall be not less than One Million Dollars ($1,000,000) for any one accident and One Hundred Thousand Dollars ($100,000) for property damage. Landlord shall cause to be issued to 'Ibnant proper certificates of insurance evidencing that the above covenants of the Landlord have been SC -C' VIDE CASEMENT SEE SURVEY FOR DATA y T N ^ ADDITIONAL INFORMATI❑N O PLEASE REFER CURSING BY T S P BY FITZPATRIC< OTHERS LLEWELLYN. ACC ROAD TO BE CONSTRUCTED BY L ❑R. I CURB CUT 6'.Ir Cow - CLOSING SY 6'.Ir CDNO. HcDaHALD'S CURB ST CURSING SY HeDRIKrS OTHERS I 1w CUR CUT I 26'-0' 78'-a• '-0' CURS CUT 4 9 D' MCDONALrS a 0. y6 EXIT SIGN �a C�NTE�SIUM Z. �O I EXISTING N JIELE LANE TO SE RFLq - LESSON I 6'.1$' CCIC CNT[R SIGN I E CUR) tTT►7 DONALIFS CURB YR) IT CURD 'C--Z 4 SEE SURVEY FOR J- � DfIR)NATIDN IS 6' 18'-0' 24-0- �a 3'-6' tTY1)• T V- uu I l to - ICONCD 1MC -- NDICAP STALLS 6 nl ►AVEMEHi N 6'.Ir CONCRETEu (MIN) 0 STRI►ING CURSED ISlU.-D A1N0 m M nSHl z y y 3AIi1Q [] ►SiCrCtE AREA A > 1 \ IIY11 27'-6' CNCOACHMCNT ki 6'-0' z Y6'.16'C' REIHF. In 6'.ID• CONC4CTC PA➢ 9 13'0'.55'C' RCIK. Z u' CCCURD �i CONCiCTE PAD C 13'i'AIS'r REIK. SPEAKCR POST L MENU . { SAND SET vl CONCRETE PAD . SGARD tSEE DVG C071 V PAVER WALK Q 39 x L DESTRIAM ir0' Y LC- F SKETY NG v u Z I9'0'.20'0' TRASH C W <✓> 5.-p• M+J 6 CORRAL. MATCH .+ SAND SET i� W J RESTAURANT EXTERIOR AVER PATIO <TYR) SEE DWG.SP-2 P Ai AREA Al o Y$ 12'-4• 16C'-0' I8'-6' 39'-7' 78'-0' c }( Cox WALK (STING 4.0' HIGH WALL. SEE BHT P0.[ MtCMITECTIRK PLAYS (3) FL FOR DETAILS IMES CURD 611r SAND CONS. PAVER WALK Y SC CURL YARD LIGHT m -0' 10'-0' < 74'-6' (TY► 3 PLACES) n•D' VIDE EASEMENT H00DMMLr3 FREE SCE SURVEY FOR DATA STAMom SIGN (•-p• 'I tA0 SOFT. - 15'r p �p O NON) N 7 N ` ��� �RopCSEC S!DCVKK tIT OTMRSI lands n/f or ,(F-W Wttt EASEMENT E A Y E T T E SEE SURVEY FOR DATA NOTE; FOR ADDITI❑NAL INFORMATION ON t:-CCESS ROAD. PLEASE REFER T❑ PLANS PREPARED BY FITZPATRICK CURSING !T OTHERS LLEWELLYN. ACCESS ROAD TO BE j CONSTRUCTED BY LESSOR. I I 1 I CURB CUT CURSING BY 6•R19• CON- OTHERi CUItNG By CURSING V 19. COIC NcDCNALO'S BY OTKRS CURS By CURB tNG IT MCDaALDK OTHERS 26'-0' 78'-4' U CUR! CUT nm- aD d MCOaALr20. EXIT SIGNP0 0I LANEEXISTObMG ERELEND K RECNTG SIGN o McDRML7S C RB CO )CURD (TYP)SEE SUVCY FOR tKORMATIaIS6' 18'-0' 24'-0• —�3'-6' TTP) CONCRETEM�y� ISLAND F+-1 H ...CAP ..YGLuftD[I RAMP o , c e <vENLLi1DE:7KMi'7) < 15'-°' (� 1 PAVEMENT N 6'RIr Cow � CMIN) O Q STRIPINGJA-M N N CURSED ISLL.NO • �' I H 4 MIIN Y lICYCLE 6 oT I .4EA U m ENCRO.CHHENT 6 -C, f 9'6'.f6'0• REINF. V I CONCRETE PAD 75 6'.1S' ,P c t7'0•R53'C' RElK. z CDNL CONCRETE PAD CURB �`P_ i� !Y6'R13'0' RE1K. SPEAKER POST L MENU Z �II SAND SET V) CONCRETE PAD DOARD (SEE DVG E07) PAVER VALK ' J C x 39' t2'0• LONG PEDESTRIAN n y - LL y SAFETY RAILING R e< � 2 IV0•R2WV TRASH G LJ u� 5'-0• yRRII a RERRAL. MATCH .+ SAND SET �a W -) REST EXTERIOt AVER PATIO (TT/) p G SEC DVG SP-3 AREA YS� 12'-4• 16'-0' 16'-6' 39'-7' 26'-0' 20'-6' 78'-0' c _1 x tat WALK i•Rlr� �'0' NIGH WALL. SEE 1[ I 135' (31 FLAG Caw..RCMITECTUK PLANS POLES CURS FOR DETAILS 6•RIB• SANG SET C. PAVER WALK U U 4'r _ CURS i/aLf) 10"-0. 101-0' a 74'-6' vWi W 23'0' VIDE EASEMENT FOR DATA NCDaALD'S FREC �� SEE SUVEr SANDING SIGN 6'-p• I ' _� < 0 SILFT. - SS'0' �C 1575'56' f: 195,93' r=ROPCSED SIDEWALK (!Y OTHERS) Mc Donald's Corporation 15 British American Boulevard Airport Park Latham, New York 12110 (518)786-6900 Fax:(518)786-0240 October 14, 1994 Mr. Raymond J. Belair City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Parking at McDonald's Shelburne Road, L/C: 044 - 0041 Dear Mr. Belair: Mr. Benware of Wallace Enterprises has forwarded your letter to my attention. I have reviewed our lease with L & M Partnership. It clearly states that we are allowed to park on the rear shopping center parcel as well as that of the theater, which is identified as a common area (shared parking area). However, there is no agreement to allow other tenants to park on our demised premises. I have reviewed our files and can not find any information that identifies our specific parcel as one that would be required to participate in a shared parking arrangement. Please review your files and forward any official documentation that, as you stated in your October 4, 1994 letter to Jim Benware, the parking on our demised premises "must be shared with your neighbors in the development." Sincerely, Mark W. Kerrigan Real Estate Representative cc: Brian Darby Donna Ehmke Jim Benware Jerry C. Milot and John Larkin D.B.A. L & M Partnership 76 St. Paul Street, Burlington, Vermont 05401 k:\40real\keffigan\mcdonald\44-0041\s-burf.doc ® Printed on Recycled Paper City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 4,1994 Jim Benware Wallace Enterprises P.O. Box 545 Williston, Vermont 05495 Re: Parking @ Mcdonald's, 1125 Williston Road Dear Mr. Benware: ZONING ADMINISTRATOR 658-7958 It has come to our attention that you are not allowing residents and guests of Larkin Terrace to park in the parking area located adjacent to your restaurant. Please be aware that the L&M Park project was approved with a shared parking arrangement whereby all the uses in the development would share all the parking spaces in the development. You can not and must not restrict the use of the parking area adjacent to your restaurant for your use only. These spaces must be shared with your neighbors in the development. The Planning Commission understood that residents of Larkin Terrace would use this parking area to satisfy their parking requirements. Thank you for your anticipated cooperation in this matter. Should you have any questions, please give me a call. Sinc ely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp cc: John Larkin ��°NS a�Ftic� O • STATE OF VERMONT AGENCY OF TRANSPORTATION 133 State Street, Administration Building Montpelier, Vermont 05633-5001 Mr. Gerald Milot Milot Real Estate Post Office Box 4193 Burlington, Vermont 05406-4193 Re: Dear Mr. Milot: July 19, 1993 L&M Park Reference is made to past correspondence, dated January 28, 1993 and April 27, 1993, concerning the signal installation for the above -referenced project. Your current completion date for this project is August 1, 1993. To date, we have not received the required bonds or any response to either of the above -referenced letters. We do not intend to allow the current "temporary" situation to go on indefinitely, and request that you respond to this letter by August 1, 1993, with a firm schedule for completing your obliga- tions under the L&M permit. If you have any questions, please contact me at 828-2653. Sincerely, �0 N/ M � � � Donald L. Allen Project Supervisor Utilities Section DLA:mw cc: John Larkin, Larkin Realty Brendan Kelley, P.E., FitzPatrick-Llewellyn, Inc. Louis Borie, District Environmental Coordinator #4 Joe Weith, City of South Burlington Robert Schwartz, Assistant Attorney General John Wood, District Transportation Administrator #5 Vermont is an Equal Opportunity Employer. d� /vim ��'y'�R,. � w:'='�- � /� ot-+'�^�-2 �' Goy"z..,� �. a-�,..,�.,. � �, s ���o ���.•�O y �� 'om�s/y rrr State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council James Fayette John Larkin 410 Shelburne Rd. So. Burlington, VT 05403 RE: VIW-4-0384-1 L & M Park 22000sf retail bldg. & 3100sf McDonalds 115 seats mun.w/sew. 31828 gpd .79A & 1.16A Dear Applicant: AGENCY OF NATURAL RESOURCES Department of Environmental Conservation 111 West Street Essex Jct.,Vermont 05452 Telephone # 879-6563 April 17, 1992 We received your completed application for the referenced permit on 04/09/92, including a fee of $7002.16 paid for by Check Number 464 & 460. This application falls under the Water/Wastewater: Greater than 1000 GPD Program Area, and under the Performance Standards for this program area, we have 45 days of 'in-house' time for our review of your application. If we need further information from you in order to reach a decision on your application, the time we wait for your submittal of that information does not count against the allowable in-house time specified in the performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 days in-house, please contact this office at 879-6563. Please note that this does not constitute receipt of your application under the requirements of Act 250. If you have questions relating to Act 250 jurisdiction, a District Coordinator may be reached at 879-6563. WW-4-0384-1 will be processed in conjunction with the Subdivision Application. +For the Division of Protection, Irene L. Roberge Administrative Secretary CC: Fitzpatrick-Llew. So. Burlington Planning Commission Regional Offices - Barre/Essex Jct; Pittsford/N. Sptingfield/St. Johnsbury A-, FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 15 July 1992 Ms. Dana Farley, District Coordinator District 4 Environmental Commission 111 West Street Essex Junction, Vt. 05452 Re: L&M Park, Application No. 4C0877-2 by Mc Donalds Corporation, Gerald Milot, John Larkin, James Fayette & Vermont National Bank File: Dear Ms. Farley: As a result of our telephone conversation on 9 July 1992, we have additional information the commission may find helpful in issuing a decision in the above referenced matter. Specifically, you relayed some concerns the commission had with respect to lighting. The flagpole light is a 1,500 watt halogen lamp mounted in the roof parapet shielded so the lamp itself is not visible from the street below. This is outlined in a letter dated 1 June 1992 from Mr. Greg Stevens, McDonald's Project Manager, and enclosed with our submittal of 8 June 1992. You also indicated the commission was interested in the average illumination intensity of the lights within the McDonald's portion of the project. Mr. Stevens indicated to us via telephone conversation, the average illumination intensity within the McDonald's site is 4.8 Ft candles. The proposed parking area lighting and the flagpole light are typical of other McDonald's restaurants in the area, namely the restaurant off Route 7 in Colchester, near exit 16 of Interstate 89. We hope this letter clarifies the previously submitted lighting plan and satisfies the concerns of the commission. The applicant is interested in initiating construction and would request the commission issue a permit, with conditions, if necessary. Should you need additional information or clarification please contact US. Sincerely, FITZPATRICK-LLEWELLY INCORPORATED Charles Van Winkle Project Manager Design 9 Inspection 0 Studies • Permitting 0 Surveying Co.1tificate of Service I hereby certify that I Charles Van Winkle, consultant for the applicants, sent a copy of the foregoing letter dated15 #uly 1992, and associated documentation regarding Application 4CO877-2 (Gerald Milot, John Larkin, James Fayette, Vermont tog e National ornhandnd Mc deliveredl(sasonoted), to theUfollowing:p os prepaid, Margaret Picard, City Clerk* Chair, City Planning Commission* City of South Burlington 575 Dorset Street South Burlington, VT 05403 Gerald Milot P.O. Box 4193 Burlington, VT 05402 James Fayette 1930 Shelburne Shelburne, VT Chittenden County Regional* Planning Commission P.O. Box 108 Essex Junction, VT 05453 John Larkin 410 Shelburne Road South Burlington, VT 05403 Vermont National Road P.O. Box 804 05482 100 Main Street Brattleboro, VT Greg Stevens McDonalds Corporation 15 British America Boulevard Latham, NY 12110 Dated at Williston, Vermont, 41�zljj 11ZA"i Charles Van Winkle * Delivered via Messenger 15 July 1992 Bank 05301 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services MCDonald'S 3 July 20, 1992 Mr. Louis Borie, Coordinator District 4 Environmental Commission 111 West Street Essex Junction, VT 05452 RE: Application No. 4CO877-2 L&M Park, McDonald's Lot Lighting Dear Mr. Borie: McDonald s Corporation 15 British American Boulevard Airport Park Latham, New York 12110 (518)786-6900 Per our conversation on Monday, July 20, 1992, I'm enclosing a revised photometric of the lot lighting indicating a sizeable reduction in the foot candle numbers for the above location. The light fixtures will remain the same, however, the light bulbs will be reduced from 400 watt to 250 watt. This reduces the average foot candle illumination from 4.8 to 2.8. I hope this meets with the commission's approval. If you have any other questions, please feel free to call. Sincerely, Cog .A t*,.& Greg Stevens Project Manager GS/mtc cc: C. VanWinkle — Fitzpatrick —Llewellyn #3092C �/L►) Printed on Recycled Paper 1 0,6 0.1 1,3 Ob 22 0.� 2z 19 12 OJ 0.8 10.1 0,5 0,6 0,6 0,6 0,6 0,5 0,5 0,5 0,5 0,5 0,8 1,0 1,3 1,5 1.3 1,1 0,8 0,5 12 1.5 12 0,9 0,7 0.7 0,8 1,2 2,0 2,7 2,9 ?,8 2,2 1,4 0,8 0,5 -24 2,8 -,2 115~f1l. 5,�-,`29 ,3 0,6 �, 4,3 3,7 2, 1,1 2,2 4,0 6 1,3 6,8 5,0 2,8 11 0.5 3 1,0 1,2 1,8 2,7 4, 4,6 3,9 41,3 2,4 4,4 6,5 ,2 5,3 2,7 Li 0,5 2,8 2,1 3,3 4,5 4,3 2,1 1,6 1,1 1,0 1,3 2,4 4,1 5,8 5 6,1 4,4 2,6 1,0 0,5 ,1 4,1 3,8 3,0 2,8 3.1 2,9 1,7 1,0 0,8 0,9 1,2 1,9 3,0 4,1 4,6 4,2 3,0 1,9 1,0 0,6 ,8 4,8 4,4 2,9 22 2,0 1.7 1,2 0,9 0.8 0,9 1,3 1,9 ',9 3,8 3,9 ,6 2,8 1,4 0,8I 0,5 ,0 4,5 4,3 2,7 1,8 1,5 1,2 1,0 0,9 0,7 0,8 12 1,8 3,3 4,5 4,6 16 3,3 1,7 1,0 0,5 ,0 3,7 3- 2,6 1,8 13 1,0 0,8 0,9 0,1 0,9 1,2 1,7 3- 5,0 5,8 ,1 41 2,3 1,5 0,9 9 2,5 2,8 2,3 1,8 1,5 12 1,1 0,9 1,0 1,1 1,3 1,1 32 5,1 9 5,5 3,5 2,1 1,5 5 2,4 3,1 23 21 1.6 1,6 1,5 1,5 1.6 lA 1,5 2,0 3,2 4,1 5,0 8 6,4 4,4 9 1,8 ,6 2,7 4,2 3,9 2,8 2,1 2,4 3,0 3,1 2,9 2,7 2,1 2,1 25 3,3 3.8 5,1 6,1 3,1 1,7 43 4,8 3,5 2,5 2,9 4,4 4,8 4A 3,1 2,4 2,1 2,2 3,0 3,9 4,9 5,3 4,1 3.0I 15 1,8 2.9p 33 5,3 3,9 3,1 3,0 4A 4,4 5,0 3,8 2,4 2,0 2,4 3.5 4A 4,7 3,8 2,8 1,8 1,0 2 4,1 3,5 3 2S 2S 3.a 2,2 2,1 3,1 4,3 S,4 4,6 3,5 2,1 1,01 lA ,,0 2,0 1,9 1,6 1,6 2,1 4 2,0 11 1,8 2,1 3,5 4,9 4,3 4,4 31 0,6 L 0,5 0,9 0 2,6 3,8 7 1,9 0,6 III f 1 0,6 Certificate of Service I hereby certify that I, Greg Stevens, McDonald's Corporation, sent a copy of the foregoing letter dated July 20, 1992, and associated documentation regarding Application #4C0877-2 (Gerald Milot, John Larkin, James Fayette, Vermont National Bank, and McDonald's Corporation) by U.S. mail, postage pre —paid to the following: Margaret Picard, City Clerk Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Gerald Milot PO Box 4193 Burlington, VT 05402 James Fayette Vermont National Bank 1930 Shelburne Road Shelburne, VT 05482 Charlie VanWinkel Fitzpatrick —Llewellyn One Wentworth Drive Williston, VT 05495 Dated at Latham, NY, July 20, 1992. reg Stevens Chittenden County Regional Planning Commission PO Box 108 Essex Junction, VT 05453 John Larkin 410 Shelburne Road South Burlington, VT 05403 PO Box 804 100 Main Street Brattleboro, VT 05301 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 ZONING ADMINISTRATOR 658-7958 July 16, 1992 Gerald Milot P_0_ Box 4193 Burlington, VT_ 05402 RE: L&M Park - Restaurant/Retail Amendment Dear Mr- Mi lot : Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project_ If you have any questions, please give me a call - Sincerely, iooce--- Weith RQ� City Planner cc: John Larkin Lance Llwellyn f i .00 �ti4l FITZPATRICK-LLEWELLYN INCORPORATED %4 P0-iz�c�s� Engineering and Planning Services 1 One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 30 June 1992 Mr. Louis Borie, Coordinator District 4 Environmental Commission 111 West Street Essex Junction, Vt. 05452 Re: L&M Park, Application No. 4CO877-2 by Mc Donalds Corporation, Gerald Milot, John Larkin, James Fayette & Vermont National Bank File: Dear Mr. Borie: As a result of our telephone conversation on 25 June 1992 we have prepared the enclosed submittal. Specifically, the enclosed correspondence responds to issues raised by Stuart Slote, of the Department of Public Service regarding criteria 9(F), and the commissions concerns regarding lighting. The enclosed letter dated 29 June 1992 from Greg Stevens, Project Manager for McDonalds Corporation addresses the Commissions concerns regarding lighting. As Mr. Stevens indicates, the flagpole light is of a size and fixture type consistent with other McDonalds restaurants in the area and complies with Federal law. The fixture location is intended to be concealed from view and provide illumination of only the American flag. After the Commission indicated some concerns with the lighting intensity of the McDonalds restaurant, a revised lighting plan was established. The average illumination intensity of the commercial section of the project was designed to be 2.5 Ft candles, with a maximum intensity of 4.2 Ft candles in certain areas. The restaurant area of the site warranted a higher lighting intensity for both safety and security reasons, especially due to the higher traffic volumes associated with the drive thru window. The lighting "spillage" the commission is concerned about, especially over the north and western lease lines, were intentionally established. The fixture locations were established in order to meet average illumination intensity requirements of both areas of the site. The concept was to meet the higher lighting intensity goals of the McDonalds site, locate the fixtures in such a way that the spillage would meet the intensity goals for the remainder of the site, and minimize fixtures. Design • Inspection • Studies • Permitting • Surveying Mr. Lou Borie File: 88047 30 June 1992 Page -2- We hope this letter clarifies the previously submitted lighting plan and satisfies the concerns of the Commission. Should you need additional information or clarification please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED (�kjzl 14z"- k&#_ Charles Van Winkle Project Manager cc: Gerry Milot John Larkin Greg Stevens, McDonalds Corporation FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Certificate of Service I hereby certify that I Charles Van Winkle, consultant for the applicants, sent a copy of the foregoing letter dated 30 June 1992, and associated documentation regarding Application # 4CO877-2 (Gerald Milot, John Larkin, James Fayette, Vermont National Bank, and Mc Donalds Corporation) by U.S. mail, postage prepaid to the following: Margaret Picard, City Clerk Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Gerald Milot P.O. Box 4193 Burlington, VT 05402 James Fayette 1930 Shelburne Shelburne, VT Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 John Larkin 410 Shelburne Road South Burlington, VT 05403 Vermont National Road P.O. Box 804 05482 100 Main Street Brattleboro, VT Greg Stevens McDonalds Corporation 15 British America Boulevard Latham, NY 12110 Dated at Williston, Vermont, Charles Van Winkle 30 June 1992 Bank 05301 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services McDonald's Corporation 15 British Amedr-an Boulevard Airport Park Latham, New York 12110 (518)786-6900 McDonald'S June 29, 1992 Mr. Charlie VanWinkle Fitzpatrick —Llewellyn, Inc. Engineering Planning Services 1 Wentworth Drive Williston, VT 05495 Re: McDonald's Restaurant So. Burlington, VT Dear Charlie: qmch esent to Per the request of the Act 250 board, attached please of find three blic Services, eLL.epertalning to energy Mr. Stuart Slote, Energy Engineer, Department conservation for the proposed restaurant at the above location. I understand that the Act 250 Board has two at disithel$qunet�°tt watch I tage used will atrespond the other First, the flagpole light as proposed at this o revio�lsl stated in r,ur testimony, McDonald's location in the State of Vermont. As p y roadways, McDonald's will in this light behiddrthoh aertsa dorooflew from the ad is only intended t Slight up the etc. This light would be place rie Fl t „ tit r7ir)i�t, FedorAl lAw requirps that. it American Elarj. Since we leave O"r Arn P nrrinY to ,tirnn�YlV hr lit. Thn �i •n inrl "�r�tt�nn nr f_"l 1" t_ fiwflwn 1� rn�nifln�lly rlr.lnn.►rl Sn on by Second, there is a concern about lot lighting levels at this offerothetfollowing. washing SThe property lines , and west property lines. Again, as a clarification, I development as indicated on the north and west sides of the rt Mf Dn avers develpmentrat thisalocation. lines and this McDonald's development is pa share McDonald's and the rest of the L&M development loommerc 3tlldevelopmenteoincludinguthelVermongt along with on aeceee driveway with l ght up a portion of the Vermont National Bank. In fact, the McDonald's of lighting heir parking llst lls actually fall within the lease National Bank parking lot. A portion e understood that this lease lines simply determines the area line. However, it needs to b that McDonald's is leasing directly. area at will The lighting that occurs to the west of the cesactinto thal DeoMcDonald McDonald's parcel. s lighting have hwo ked light up the access driveway and the entrancesadway with Fitzparrick—Llewellyn to make sure Wehave an access ro lonal Bank and the proposedaretail space ninythe for not only McDonald's but the Vermont Nat at the intersection of rear. The McDonald's lot lighting plan dues not provide any lighting Fayette Road and the access driveway, es highlight the entrance and exit to the , but it do ke actual McDonald's parcel. Again, thisisdonfor pereSe,reasons.safty thatnt to 8 we don't create any -traffic traffic because this would be an interiorintersection, problems for our customers or people using the Vermont National Bank and the retail space. Printed on RCGYGird Paprr d-81 _► SQ ►VNl uI-�lil zlail � Orzo 9U BT93 rC : rT i;6/d' Mr. Charlie VanWinkle June 29, 1992 Page Two There is also a concern about the lighting levels that we have shown on our plan. Again, as stated in the Regional Act 250 hearing by Mr. Harry Wallace, these lighting levels are based on McDonald's experience at other locations. We have designed these lighting levels to ensure the safety of not only our customers as it relates to traffic flow but also to our customers using the other areas In regard to their comfort and safety as it pertains to possible thefts, burglaries, etc. It has been our experience that our customers are much more comfortable to he building whenoming to our rtheaurant when they exit their lighting levels a e sufficient cars ensurein a athatglot and comfo t have to walk tot 9 and safety level. I hope this letter satisfies the concerns of the Act 250 Board and if you need any additional information, please feel free to call. Sincerely, Greg Stevens Project Manager GS/njg #30G 1 C duo;) ST1 NOQjiH of g0 98. STS.Z 40 64; �. V. June 24,1992 Mr. Stuart Slote, Energy Engineer Energy Efficiency Division Public Service Department State Office Building Montpelier, Vermont 05620 RE: Act 250 Criterion 9(F) Energy Conservation U-M Park Residential and Commercial, South Burlington, Vt. Deax Stuart, We have reviewed Department of Public Service guidelines for energy efficiency in new construction and submit for your review the following information on the above captioned project. Information on the design of both the retail space and the residential units is preliminary at this time. We are willing to conform with a set of general design guidelines to assure that the best available technologies are employed. In addition, we will gladly meet with you to review those final designs prior to construction. The standards that will apply to both the residential and commercial portions of this project are as follows: 1. Building envelopes will maintain insulation values of R- 1.9 for walls, R-38 for roofs and over basement parking areas, R-10 for exterior insulated doors and at least R-2.75 for windows. Low-e type glass will be employed throughout the project. 2. All common area lighting will be electronically ballasted Florescent fixtures with maximum 32 watts for 2x4 fixtures and 13 watt type p-13 lamps for all wall mounted or recessed lamps. Garage lighting will be electronically ballasted high pressure sodium fixtures with photo cell controls. Natural light will be used in common areas as often as feasible. 3. The Mi.lot Larkin Partnership certifies that electricity will not be used for space heating in either portion of the project. All space heating and hot water heating will be gas fired. 4. Residential space and hot water heating will be provided by a natural gas fired combination system as manufactured by Mor- flow. The polaris system uses a hot water heater to provide domestic hot water and heats space via a water to air heat exchanger. The 94% A.F.U.E. is based on the recovery rate of that water heater. June 24,1992 Stuart Sloate Page 2 S. On the advice of Mr. Chris Leister of Vermont Gas, Space heating for the commercial space is best provided by a central gas fired boiler and central electrical chiller in conjunction with a variable air volume distribution system. Assuming the use of a minimum 80% efficient boiler, this combination will yeild the lowest life cycle cost and overall energy use. Hot use will be minimal in the commercial space and will be provided by stainless steel storage tank(s) tied to the central boiler. 6. cooking equipment in the residential units will be gas fired. the retail space is not anticipated to have cooking equipment. 7. Automatic set back thermostats will be employed throughout the project. Programable, multi -setting type units will be used to control both heating and air conditioning. (note that air conditioning is not proposed for the residential portion of the project) 8. The electrical consumption for a typical residential unit will average 350 kwh/month with an anticipated high of 450 kwh/month and an estimated low of 300 kwh/month. 9. The natural gas consumption of a typical residential unit will average 26 ccf/month. The total gas consumption for all housing units will average 3900 ccf/month. The anticipated peak will average 72 ccf/month per unit or better. 10. Without knowing who the tennants of the retail space will be, it is not possible to accurately estimate the energy demands of the retail. space. We are commuted to employing the most energy efficient H.V.A.C. and lighting equipment available. We are not opposedto lease conditions prohibiting tennants from defeating energy management equipment. 11. Indoor design temperatures for heating will be 68 degrees F. Indoor design temperature for cooling will be 78 degrees F. 12. Chillers will be reciprocating type and will have a COP between 9 and 11. 13. Energy saving wye delta starters will be used on all elevators. Please let me know if you need additional information. I will contact you when final design plans are available for your review and comment. Please forward your current comments to the district 4 environmental commision at your earliest convenience, and thanks for all your help. Very Y yours, 'a I tm)c�n dS June !0, 1992 Mr. Stuart Slote Energy Engineer Dept. of Public Services State Office Building Montpelier, VT 05620 Re: McDonald's Restaurant Route 7 Shelburne Road South Burlington, VT Dear Mr. Sloate: MCDonala's Corporation 15 British American Boulevaia Airport Park Latham, New York 12110 (518)786-6900 In response to our phone conversation I offer the following: the ro osed It is our Intent to instslllfixture fixturescent McDonaid's will begu ingothreeset f HVACpunits at restaurant In lieu of an incandescent10-ton units and one, 7 1/2 ton this location per drawing, number M-3. We will be using two, nits on units and all of the units will have economizer hoods. The list of Hh A locationHowevlerg, M-2 is a generic sheet used for all locations and not specifically M-3 is specifically for this location. The two Markel electric ceiling mounted heating units at this location will be eliminated from the plan and we will not use these electric heating units. ional item The six pack oven which is shown on the i i lsha ^lpccnof equipms is an tont that hend I owner believedo not mnyh ose will be used at this location. However, P hether to go with at a future date. I've checked with our kitchen design people in regardas oven of this or not this oven was t available In me.up With aere ere p operllyes and workingsts gas-flred unne on a it to be used in type but they were not able McDonald's restaurants. There biggest concern wa3 safety problems as it related to ignition within this avers. ounted compressor and the Thermostor hot water I ©m enclosing cut sheets of the roof-m heater for your review. I believe this information addresses all of your and if erns in regard to this restaurant you have any more questions, please feel free to call Sincerely, Greg Stevens Project Manager GS/njg #3030C Cnclosure printed on Recycled paper MCDonaldl June 3, 1992 Mr. Stuart Sloto Energy Engineer Department of Public Services State Office Building Montpelier, VT 05620 RE: McDonald's Restaurant Route 7, Shelburne Road South Burlington, Vermont Dear Mr. Slote: McOonalds CJroor-at,or 15 Bnti5h AmenCan Boulevarc Airport Park. Latham. New York 12110 (518)786-6900 Fax:(Si8)766-024u I would like to include some additional informatic;n which I failed to Include in a previous letter regarding the proposed Mcnonald's at the above location. McDonald's will be installing electronic ballast and T-8 lamps in the kitchen, dining room and storeroom light fixtures for this location. We will also be using metal halide uvrrit lights and metal halide lot lights at this location to further reduce energy usage. Please include this Information with the June 1, 1992, letter describing other items which we will be including as part of our energy conservation program fur this location. If you have any further questions, please feel free to call. Sincerely, Greg Sevens Project Manager. GS/dd #3027C ® Printel on Recycled Paper I 4\ Moponaldl June 1, 1992 Mr. Stuart Slote Energy Engineer Dept. of Public Services State office Building Montpelier, VT 05620 Re: McDonald's Restaurant Route 7 Shelburne Road So. Burlington, VT Mcoonaid a Gorporatwrl 15 British Amerman Boulevard Airport Park Latham. Ne- York 12110 (518) 86-6000 Dear Mr. Sloate: set of plans for the proposed Mc Donald's restaurant at the Attached please find a complete above location. This particular McDonald's re tausviost is a spe McDonald' rG es aurants that wel havee this location and is somewhat different from p g conservation, I feel that we have taken built in the past. However, as In terms energy ps In the design of thea particular restaurant to improve it over thoFp some additional ste previous locations. The HVAC system will make use of 9as— fired HVAC units. These HVAC units will have res will he economlzer hoods and dampelow rs and during i n the Inool terior ofethe urestauranp atheren up athannd l a cool outside air to be used to air i condition operation of the electric air conditioning unlAtsa;n the purpose of the system is to capture be using op hoist outelde air through recovery systrrn as usual et thin location. Again, pre —heated air off the grlllt3 and fryers In the kltohen area, Pre' me ans of a heat exchanger and to pass this pre —heated air back Into the HVAC units so that we do not have to reheat cold, outside air. The controls for the HVAC system that is In this location will be by means of programmable thermostats and remote sensors. The thermostats themselves will be placed in the office . Each HVAC unit l have are a where the restaurant manager can control heea temperature st and control temperatures lin its own thermostat and own sensor so w9 w�.. various areas -Of the building. We have included in this particular design, o the the insulationuse of low valuevalue of the glass infor all of our dow th i areas to help further reduce heat gain and toation to building. I believe that we have met all of the Vermont erse ontcalculations for this particular lospecaal and ceiling insulation. I have also attached t e energy building. Printtd on Peryoled f aPer XW4 ,34te of Vermont SUBDIVISION PERMIT CASE NO. EC-4-1650 APPLICANT James Fayette and John Larkin ADDRESS 410 Shelburne Road South Burlington 05403 LAWS/REGULATIONS INVOLVED Environmental Protection Rules Chapter 3, Subdivision Chapter 7, Sewage Disposal Chapter 8, Water Supply Appendix A, Design Guidelines This project, consisting of subdividing two lots; the so-called "Merrill Theater Lot" being 0.79 acres (with an existing 1000 seat movie theater previously approved in WW-4-0384) and the so- called "McDonald's Corporation Lot" being 1.16 acres (for construction of a 115 seat fast food restaurant approved in WW-4- 0384-1), both served by municipal water and sewer services located off Shelburne Road/Route 7 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO877 and amendments. GENERAL (1) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. (2) The project shall be completed as shown on the plans Project Number 88047 drawing number C-4144, Sheet 1 of 1 entitled "L & M Park, Merrill Theater, Leasehold Location Plan" dated November 1991 ; and Project Number 92018 Drawing D-4239, Sheet 1 of 1 entitled "Leasehold Delineation for McDonald's Corporation" dated February 1992;Drawing number D-3264 Sheet 1 of 16 "Overall Site Plan" dated June 1990 last revised 3/10/92; Drawing nmumber D-3481, Sheet 2 of 16 "Site and Utilities Plan" dated June 1990 last revised 3/17/92, Drawing Number D-3482, Sheet 3 of 16 "Site and Utilities Plan" dated June 1990 last revised 7/31/91; Drawing number D-3483, Sheet 4 of 16 "Site and Utilities Plan" dated June 1990 last revised 7/31/91; Drawing Number D-3487, Sheet 5 of 16 "Roadway Profile Street A" dated June 1990 last revised 7/31/91; Drawing Number D-4003, Sheet 6 of 16, "Sanitary Sewer Profiles Multi -family Units" dated May 1991 last revised 8/5/91; Drawing Number D-3263, Sheet 7 of 16 "Pump Station Details" dated May 1990 last revised 8/5/91; Drawing Number D-3205, Sheet 8 of 16 "Typical Details Site Facilities" dated May 1990 last revised 7/31/91; Drawing Number D-3204, Sheet 9 of 15 "Typical Details Site Facilities" (water service only)" dated May 1990 last revised 3/28/91 and Drawing Number D-3203 Sheet 13 of 16 "Erosion Control Details" (clean -out detail only) dated May 1990 last revised 8/23/91 and stamped by Lance A. Llewellyn, P.E. of Fitzpatrick Llewellyn, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. ,Subdivision Permit `EC-4-1650, Fayette & Larkin Page 2 (3) Each prospective purchaser of each lot shall be shown a copy of. the approved plot plan and this Subdivision Permit prior to conveyance of the lot. (4) The conditions of this permit shall run with the land and will be binding upon and enforceable against the permittee and all assigns and successors in interest. The permittee shall be responsible for the recording of this permit and the "Notice of Permit Recording" in the City of South Burlington Land Records within 30 days of issuance of this permit and prior to the conveyance of any lot subject to the jurisdiction of this permit. (5) All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-0384-1 dated June 18, 1992 shall remain in effect except as modified or amended herein. WATER SUPPLY (6) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. (7) The water main extension is approved extension is constructed in strict Agency of Natural Resources' "Public Construct PID # 1445 & WSID # 5091 dated June 10, 1992. SEWAGE DISPOSAL provided the water main accordance with the Water System Permit to to Charles Van Winkle (8) The project is approved for wastewater disposal by connection to the South Burlington Bartlett Bay municipal sewer system for a total of 5000 gpd for the "Merri 1 1 Theater Lot" and 5750 gpd for the "McDonald's Lot". No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. Subdivision EC-4-1650, rage 3 Permit Fayette & Larkin (9) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated at Essex Jct., Vermont this 18th day of June, 1992. Elizabeth A. McLain, Commissioner Department of Environmental Conservation By Pilo` J ssanne Wym" Assistant Regional Engineer cc: Donald Robisky City of South Burlington Act 250 Coordinator Water Supply Division Department of Health/Food & Lodging Licenses Department of Labor and Industry Fitzpatrick -Llewellyn State of Vermont. WATER SUPPLY WASTEWATER DISPOSAL PERMIT LAWS/REGULATIONS INVOLVED CASE NO. WW-4-0384-1 Environmental Protection Rules APPLICANT James Fayette Chapter 4, Public Buildings John Larkin Chapter 7, Sewage Disposal ADDRESS 410 Shelburne Road Chapter 8, Water Supply South Burlington, VT 05403 Appendix A, Design Guidelines This project, consisting of amending previously approved so- called L & M Park for the addition of a 115 seat fast food restaurant (on a 1.16 acre leased parcel approved in EC-4-1650), revising the previously approved retail space from 40,000 square feet to 22,000 square feet, and the construction of residential buildings #1 through 4 (22 units; 6 three bedroom and 16 two bedroom units) and associated sewer line extensions, pump station and force main located off Shelburne Road/Route 7 in the City of South Burlington, Vermont is hereby approved under the requirements of the regulations named above, subject to the following conditions. This Permit does not constitute Act 250 approval under Case Number 4CO877 and amendments. GENERAL (1) This permit does not relieve the permittee from obtaining all other approvals and permits as may be required from the Act 250 District Environmental Commission, the Department of Labor and Industry (phone 828-2106), the Vermont Department of Health (phone 863-7220), and local officials PRIOR to proceeding with this project. ( 2 ) The project shall be completed as shown on the plans L & M Park, Project Number 88047, Drawing number D-3264 Sheet 1 of 16 "Overall Site Plan" dated June 1990 last revised 3/10/92; Drawing number D-3481, Sheet 2 of 16 "Site and Utilities Plan" dated June 1990 last revised 3/17/92, Drawing Number D-3482, Sheet 3 of 16 "Site and Utilities Plan" dated June 1990 last revised 7/31/91; Drawing number D-3483, Sheet 4 of 16 "Site and Utilities Plan" dated June 1990 last revised 7/31/91; Drawing Number D-3487, Sheet 5 of 16 "Roadway Profile Street A" dated June 1990 last revised 7/31/91; Drawing Number D-4003, Sheet 6 of 16, "Sanitary Sewer Profiles Multi -family Units" dated May 1991 last revised 8/5/91; Drawing Number D-3263, Sheet 7 of 16 "Pump Station Details" dated May 1990 last revised 8/5/91; Drawing Number D-3205, Sheet 8 of 16 "Typical Details Site Facilities" dated May 1990 last revised 7/31/91; Drawing Number D-32204, Sheet 9 of 16 "Typical Details Site Facilities" (water service only)" dated May 1990 last revised 3/28/91 and Drawing Number D-3203 Sheet 13 of 16 "Erosion Control Details" (clean -out detail only) dated May 1990 last revised 8/23/91 prepared by Lance A. Llewellyn, P.E. of Fitzpatrick - Llewellyn, Inc. and which have been stamped "approved" by the Division of Protection. The project shall not deviate from the approved plans without prior written approval from the Division of Protection. Water Supply and Was' -`water Disposal Permit WW-4-0384-1, Fayett(- l Larkin Page 2 (3) All conditions set forth in Subdivision Permit #EC-4-1650 dated June 18, 1992 shall remain in effect except as modified or amended herein. (4) All conditions set forth in Water Supply & Wastewater Disposal Permit #WW-4-0384 dated 7/2/91 shall remain in effect except as modified or amended herein. ( 5 ) The project has been reviewed and is approved for the following: a) Construction of residential buildings #1 through 6; each with 22 units consisting of 6 three bedroom units and 16 two bedroom units. (50 bedroom each building/7500 gpd) b) Construction of residential building #7 with 18 units consisting of 2 three bedroom units and 16 two bedroom units. (38 bedrooms/5700 gpd) c) construction of 22,000 square foot retail space (6525 gpd) d) construction of 115 seat fast food restaurant on 1.16 acre lot approved in EC-4-1650. (5750 gpd) e) existing 1000 seat movie theater remains as previously approved in WW-4-0384 (5000 gpd) on a 0.79 acre lot also approved in EC-4-1650). f) residential community building remains as previously approved in WW-4-0384 (500 gpd) g) This project has been granted a 10% reduction in design wastewater flow, based on the proposed installation of water saving plumbing fixtures. Accordingly, the plumbing fixtures utilized throughout the project shall comply with the following performance specifications: water closets - 3.5 gallons/flush, maximum; showerheads - 2.0 gpm, maximum; and lavatory/sink faucets (aerators or flow regulators) - 2.0 gpm, maximum. Fixtures complying with such performance standards shall be permanently maintained throughout the project. Water Supply and Was -"-water Disposal Permit WW-4-0384-1, Fayett( Larkin Page 3 h) The existing Larkin building is approved, to connect to the sewer line extension approved herein. Any changes in either the use of the building or the exterior water and/or sewer service lines are not allowed without prior review and approval from the Agency of Natural Resources. (6) The Protection Division now reviews the sewage and water systems for public buildings under 10 V.S.A., Chapter 61 - Water Supply and Wastewater Disposal Permit. (7) No alterations to the existing building other than those indicated on the approved plan or Water Supply and Wastewater Disposal Permit, which would change or affect the exterior water supply or wastewater disposal or the approved use of the building shall be allowed without prior review and approval from the Agency of Natural Resources. (8) A copy of the approved plans and this Permit shall remain on the project during all phases of construction and, upon request, shall be made available for inspection by State or local personnel. (9) In the event of a transfer of ownership (partial or whole) of this project, the transferee shall become permittee and be subject to compliance with the terms and conditions of this permit. (10) By acceptance of this permit, the permittee agrees to allow representatives of the State of Vermont access to the property covered by the permit, at reasonable times, for the purpose of ascertaining compliance with Vermont environmental/health statutes and regulations, with this permit. (11) The Vermont Department of Health is to be contacted in regard to any regulations and/or licenses required by their Department. (They may be reached at 60 Main Street, Burlington, Vermont, or by phoning 804-862-7220). WATER SUPPLY (12) The project is approved for water supply by construction and utilization of the municipal water service depicted on the approved plans. No other means of obtaining potable water shall be allowed without prior review and approval by the Division of Protection. Water Supply and WaE water Disposal'Permit W'W-4-0384-1, Fayette & Larkin Page 4 (13) The water main extension is approved provided the water main extension is constructed in strict accordance with the Agency of Natural Resources' "Public Water System Permit to Construct " WSID #5091 & PID #1445 to Charles Van Winkle dated June 10, 1992. SEWAGE DISPOSAL (14) The project is approved for wastewater disposal by connection to the municipal sewer system. No other method of wastewater disposal shall be allowed without prior review and approval by the Division of Protection, and such approval will not be granted unless the proposal conforms to the applicable laws and regulations. (15) The total project is approved for connection to the South Burlington Bartlett Bay wastewater treatment facility for a Total of 63,028 gallons of sewage per day. (16) A professional engineer, registered in the State of Vermont, is to generally supervise the construction of the sanitary sewer line extensions and, upon completion of construction, the supervising engineer is to submit to the Protection Division a written certification stating all construction has been completed in accordance with the stamped approved plans. The engineer's certification is to be submitted to the Division prior to the occupancy of any unit and the certification shall include, but not be limited to, the numerical results of all leakage testing performed on each segment of the sanitary sewer extension and all manholes, pump stations and force main as described in Appendix A, of the Environmental Protection Rules. Dated at Essex Junction, Vermont this 18th day of June, 1992. Elizabeth A. McLain, Commissioner Department of Environmental Conservation By J sanne Wyman.: Assistant Regional Engineer cc: Donald Robisky City of South Burlington Act 250 Coordinator Water Supply Division Department of Health/Food & Lodging Licenses Department of Labor and Industry Fitzpatrick-Lewellyn FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 8 June 1992 Mr. Louis Borie, Coordinator District 4 Environmental Commission 111 West Street Essex Junction, Vt. 05452 Re: Application No. 4CO877-2, L&M Park Shelburne Road, South Burlington. File: 88047 / 92018 Dear Mr. Borie: On behalf of the applicants, we are submitting additional information for the Commissions review and approval regarding the above referenced matter. Upon closure of the public hearing portion of the review, the Commission had indicated additional information would be necessary regarding the project. We have enclosed a copy of a lighting photometric diagram for the McDonalds portion of the project, the fixture specification is included on the plan for the McDonalds luminaire. The enclosed photometric indicates the lighting intensities throughout the McDonalds portion of the project. The average lighting intensity for the remainder of the site averages to be about 2.5 ft candles, (maximum being 4.1 ft candles). Also enclosed, is a letter from Greg Stevens, McDonalds project manager, describing the proposed flagpole lighting, and elimination of the proposed yard lighting discussed at the hearing. Mr. Stevens indicates that a suitable cut off fixture could not be located and therefore, they have eliminated the proposed yard lighting. Fitzpatrick -Llewellyn has completed additional traffic counts at the intersection of Fayette Road and Route 7, as requested by the Vermont Agency of Transportation (VAOT). The data is currently being tabulated and will be forwarded to the VAOT as soon as possible for review and approval of the signal. We understand that additional information under criterion 9(F) Energy Conservation, has been submitted directly to Stuart Slote of the Department of Public Service regarding the McDonalds restaurant. Additional information on the commercial building is forthcoming. Design 0 Inspection • Studies 9 Permitting 0 Surveying Mr. Lou Borie File: 88047 / 92018 8 June 1992 Page -2- Should the commission have any questions on the information contained in this submittal, require clarification, or need additional data, please contact us. Sincerely, FITZPATRICK-LLEWELLYN INCORPORATED a"'�('� Charles Van Winkle Project Manager FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services Certificate of Service I hereby certify that I Charles Van Winkle, consultant for the applicants, sent a copy of the foregoing letter dated 8 June 1992, and associated documentation regarding Application # 4CO877-2 (Gerald Milot, John Larkin, James Fayette, Vermont National Bank, and Mc Donalds Corporation) by U.S. mail, postage prepaid, or hand delivered ( as noted), to the following: Margaret Picard, City Clerk* Chair, City Planning Commission* City of South Burlington 575 Dorset Street South Burlington, VT 05403 Gerald Milot P.O. Box 4193 Burlington, VT 05402 James Fayette 1930 Shelburne Road Shelburne, VT 05482 Greg Stevens McDonalds Corporation 15 British America Boulevard Latham, NY 12110 Chittenden County Regional* Planning Commission P.O. Box 108 Essex Junction, VT 05453 John Larkin 410 Shelburne Road South Burlington, VT 05403 Vermont National Bank P.O. Box 804 100 Main Street Brattleboro, VT 05301 Dated at Williston, Vermont, 8 June 1992 G"//,, �t/, Charles Van Winkle * Delivered via Messenger FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services MCDonaid'S u June 1, 1992 Fitzpatrick— Llewellyn Inc. One Wentworth Drive Williston, VT 05495 ATTN: Charlie Van Winkle RE: McDonald's Restaurant Shelburne Road South Burlington, Vermont Dear Charlie: McDonald's Corporation 15 British American Boulevard Airport Park Latharn, New York 12110 (518)786-6900 FPIvr ';9 JUN �, 199? Fl-f IPA-1 I VCl<-1.1, F--VJC L LYN (:CrI�+GUlili'1j;� iltlt-+,liiwdf5 Per the recent Act 250 hearing, I am sending you the following information. I have attached nine copies of a photometric for the McDonald's portion of the total development per our discussion. I have modified my lighting plan to coincide with the lighting plan that is being developed for the rest of the parcel. Also, please be advised that the board requested Information on the wattage of the flagpole light. That Is a 1,500—watt halogen light and will be mounted on the roof parapet in such a manner that the light will not be visible from the street below. This particular light fixture is standard on all McDonald's restaurants and is designed specifically to provide proper lighting at night for the American flag. Also, please be advised that due to the problems I was having In trying to come up with a proper yard light for Act 250 and meet their requirements, we have decided to not install these yard lights. Our original purpose was strictly to add a little ambiance and warmth and a residential appearance to this structure, but from the information I received, they can only create problems, so we have eliminated them. I believe this addresses the additional concerns of the Act 250 board. I am in the process of sending plans off to Krid Khatri, applying for a local building permit and Labor and Industry permits, and sending the energy Information and plans off to Stewart Sloat. If you need any additional information, please feel free to call. Sincerely, Greg Stevens Project Manager GS/dd #3016C Attachments n,* Printed on Recycled Paper PLANNER 658-7955 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 May 14, 1992 ZONING ADMINISTRATOR 658-7958 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: L&M Park - Restaurant/Retail Amendment Dear Mr. Mil ot.: Enclosed please find a copy of the March 3, 1992 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that the revised final plat be signed and -recorded within 90 days of the approval. If you have any questions, please give me a call. S' c rely, 1 e Weith, City Planner 1 Encl JW/mcp cc: John Larkin Greg Rabideau Lance Llewellyn City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 March 20, 1992 Gerald Milot P.O. Box. 4193 Burlington, Vermont. 05402 Re: L&M Park - Restaurant/Retail Amendment Dear Mr. Mil.ot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the February 4, 1992 Planning Commission meeting minutes. If you have any questions, please give me a call. i cer ly oe Weith, City Planner Encls JW/mcp cc: John Larkin Greg Rabideau Lance Llewellyn STATE OF VERMONT AGENCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: Gerald Milot, John Larkin, ) DISTRICT ENVIRONMENTAL James Fayette, Vermont ) COMMISSION IV National Bank, and ) McDonald's Corporation ) APPLICATION #4C0877-2 May 11, 1992 ENTRY OF APPEARANCE Please enter the appearance of the Agency of Natural Resources, State of Vermont, by and through its attorney, Kurt Janson, Esq. , in the above -captioned matter. PRE -HEARING COMMENTS Criteria 2 and 3 - WATER SUPPLY Peter Garrity, Hydrogeologist with the Water Supply Division, reports that the proposed project involves a connection to the South Burlington municipal water system. The connection design requires Water Supply Division approval and has not been submitted to or reviewed by Regional Manager Kris Khatri (telephone 863-7232). The Division recommends that a Land Use Permit not be issued until the applicants have received a Water Supply permit to construct. Criteria 5 and 9(K) - HIGHWAYS The proposed project is located at L&M Park off U.S. Route 7. On April 23; 1992 the Agency of Transportation sent a letter to the applicants requesting an updated traffic study. Criteria 9(F) and 9Q) - ENERGY CONSERVATION and PUBLIC UTILITIES The Department of Public Service (DPS) participates in the interagency review of Act 250 applications with regard to Environmental Board Criteria 9(F) Energy Conservation and 9Q) Public Utility Services. Criterion 9(F) Energy states: "... the planning and design of the subdivision or development reflect the principles of energy conservation and incorporate the best available technology for efficient use or recovery of energy." The DPS interprets Application #4C0877-2 May 11, 1992 Gerald Milot et al. Page 2 "best available technology " to mean that option which results in either the least energy use or has the lowest life cycle cost. Stuart Slote, Energy Engineer with the DPS, has reviewed the application and finds there are some unresolved energy efficiency issues which need to be addressed prior to the issuance of a permit. First, Green Mountain Power Corporation has, and Vermont Gas Systems, Inc. may have, programs to assist customers in evaluating equipment options relative to energy efficiency and load management. The DPS recommends that the applicants contact the two utilities to inquire about the availability of energy efficiency programs. For Green Mountain Power, the applicants should contact David Grimason, Commercial New Construction Program Manager, at 1-800-499-5731; for Vermont Gas, the applicants should contact Chris Leister, Senior Commercial and Industrial Engineer, at 863-4511. Second, to assure that the proposed development reflects the best available technology for efficient use, generation, conservation and recovery of energy, the applicant should address the following measures, with each measure addressed separately for the retail building and for the McDonald's restaurant: 1) Provide specifications for the energy management system, including time -of -day scheduling, holiday scheduling, start/stop optimization, daylighting, multiple temperature setbacks, humidity controls, variable air volume control, variable speed motor control, load shedding, duty cycling and demand limiting. 2) Provide plans and specifications for interior lighting systems and controls, including lamp type, wattage, ballasts, and watts per sq. ft. The information on lighting power budget in watts per sq. ft. should be provided for individual interior spaces. 3) Provide plans and specifications for HVAC systems, including AFUE (annual fuel utilization efficiency), EER (energy efficiency rating), and cfm ventilation rate. 4) Provide plans and specifications for heat recovery systems which address ventilation, refrigeration or other potential sources. 5) Provide plans and specifications for refrigeration equipment, including COP (coefficient of performance). 6) Provide plans and specifications for hot water heating systems, including E.F. (energy factor) and use of heat reclamation from refrigeration systems, if appropriate. Application #4C0877-2 Gerald Milot et al. May 11, 1992 Page 3 7) Describe drying and cooking equipment including fuel type proposed and energy efficiency design options explored in kitchen design. Third, the applicants should provide the information called for in item #2 above for any proposed lighting in the parking garage. Finally, it is unclear from the application whether the applicants in this amendment application are seeking approval under Criteria 9(F) and 9(J) for the seventy-seven residential units. If so, the applicants should provide information on all proposed energy efficiency measures, and should contact the utilities providing service to inquire about the availability of energy efficiency programs. The DPS requests that the applicant address these outstanding items and submit a response to the DPS for review and approval prior to the issuance of a land use permit. If the applicant does not believe a particular measure is warranted, it may submit information demonstrating that the measure is not applicable, or that an alternative measure is acceptable. All responses should be directed to Stuart Slote, Energy Engineer, Department of Public Service, State Office Building, Montpelier, Vermont 05620, - (802) 828-2393, or from within Vermont at 1-800-642-3281. Dated May 11, 1992, at Waterbury, Vermont. LOU Respectfully submitted, State of Vermont Aaeticv of Natural Resources Kurt J Land 1 CERTIFICATE OF SERVICE I hereby certify that 1, Lori McAllister, Secretary for the Planning Division of the Vermont Agency of Natural Resources, sent a copy of the foregoing En of Entry Appearance and Prehearing Comments, dated May 11, 1992 regarding File #4C0877-2 (Gerald Milot, John Larkin, James Fayette, Vermont National Bank, and McDonald's Corporation), by U.S. mail, postage prepaid, to the following: Gerald Milot Chittenden County Regional P.O. Box 4193 Planning Commission Burlington, VT 05402 P.O. Box 108 John Larkin Essex Junction, VT 05453 410 Shelburne Road South Burlington, VT 05403 James Fayette 1930 Shelburne Road Shelburne, VT 05482 Vermont National Bank P.O. Box 804 100 Main Street Brattleboro, VT 05301 Greg Stevens McDonald's Corporation 15 British American Boulevard Latham, NY 12110 John A. Steele Fitzpatrick -Llewellyn, Inc. One Wentworth Drive Williston, VT 05495 Margaret Picard, City Clerk Chair, Board of Selectmen Chair, City Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dated at Waterbury, Vermont, May 12, 1992. /7B , r I n1) /1 , n . Lori McAllister, Secretary I State of Vermont 1 Ct w Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist Natural Resources Conservation Council .Tames Fayette John Larkin 410 Shelburne Road So. Burlington, VT 0540 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Tel. #879--6563 March 27, 1992 RE: WW-4-0384 and 4C0877; amend project from 40,000 sf retail building to two buildings; one 115 seat fast food restaurant and one 22,000 sf retail space, residential buildings 1-4, and creation of 2 lots subject to long term leases, located off Shelburne Road, Route 7 in South Burlington, Vermont. Dear Sirs: Pursuant to State Statute 2.02.B and 2.02J of the Environmental Protection Rules, we have reviewed your application received by this office on March 18, 1992 and have determined it to be incomplete and therefore inadequate for review. We cannot accept your filing as a complete application until the following deficiencies are corrected: 1. According to our Waterbury office the Bartlett Treatment Plant currently does not have capacity for the additional 31,828 gpd i63028-31200 previously approved = 31,828 apol requested. It is my understanding that the City of South Burlington may have revised figures for the Waterbury office to review that may change the reserve capacity figures. 2. Please be advised that we are aware of another project that currently has a failed sewage disposal system that is in violation of our rules. This project will have to be served by the Bartlett Bay Plant and we are awaiting flow figures from the engineer to determine what their allocation will be. Because of the status of this project. it will have to be allocated its design flows out of the reserve capacity available before any other projects. 3. We can not approve partial occupancy for building( 4 as proposed, please revise the breakdown. Regional Offices - Barre/Essex Jct./Pittsford/N. Springfield/St. Johnsbury Page 2 James Fayette John Larkin March 27, 1992 4. We are researching the status of the refund that was due with our Waterbury office. If it hasn't been processed they will advise us as to whether they want the request resubmitted or how it should be handled. We will let you know as soon as we have more information. 5. The proposed long-term lease of the two lots is subject to subdivision regulations. If the remaining land is less than 10 acres in size, that is also required to have Subdivision approval and additional fees are required. Please indicate how much land is left remaining. 6. If we were to submit the sewage allocation request to Waterbury at this time they would deny it, and we would have to deny the project. Therefore, we are returning your application. Once the City of South Burlington and our Waterbury office have resolved the reserve capacity issue, please resubmit. A revised municipal approval letter may be required, as well as a revised engineering breakdown of the design flows. This letter does not acknowledge receipt of your filing as an application, and the comments above do not constitute a technical review of the substance of your filing. This is only an initial review for completeness. We are returning your application package. When we receive the above cited information we will notify you that the application has been accepted and the complete technical review will then follow. Sincerely, Vessanne Wy an Asst. Regional Engineer Enclosures CC: Fitzpatrick -Llewellyn, Inc. City of South Burlington Carole Fowler City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 March 12, 1992 Mr. Lance Llewellyn Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 Re: L&M Park Wastewater Allocation Dear Lance: ZONING ADMINISTRATOR 658-7958 On 3/3/92, the South Burlington Planning Commission approved a revision to the L&M Park planned commercial development. on Shelburne Road. As part of this approval, the Commission granted a sewer allocation. of 63,028 gpd for the entire project. The Planning Commis:, :.-,n' s approval states that of the 63,029 gpd allocated, 51,552 gpd is considered available at this time. The remaining 11,476 gpd was required to be placed on a waiting list until such time as sufficient treatment capacity is available at the Bartlett Bay facility. The City has recently updated its capacity recorder for the Bartlett Bay facility. I am pleased to inform you that at this point in time, the City has sufficient capacity to serve the entire 63,028 gpd, and therefore, could issue permits for the entire development. Please keep in mind, however, that final determination of available sewer capacity is made at the time of application for a zoning/building permit. You indicated in your letter of 3/11/92 that an allocation of 66,150 gpd is necessary to serve the entire project. As mentioned previously, the Planning Commission allocated 63,028 Mr. Lance Llewellyn March 12, 1992 Page 2 for the project. The applicant will need to get approval from the Planning Commission for an additional 3,122 gpd if so desired. Please contact me if you have any questions. Sincerely, Jit,eWeith, Planner JW/mcp cc: Gerald Milot John Larkin 1 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services One Wentworth Drive • Williston • Vermont • 05495 • (802) 878-3000 11 March 1992 Mr. Joe Weith City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: L&M Park Wastewater Allocations FILE: 88047 Dear Joe: Thank you for meeting with me yesterday and discussing wastewater requirements for the recently approved (total) L&M Park. It is my understanding that we (Milot/Larkin) may apply for our total allocation, since its our intention to proceed with all phases. In our approval motion (3-3-92), condition 3 is confusing. Presently, we have an allocation of 31,200 gpd. That was originally provided as being all that was available at the Bartlett Bay STP. We now know, from our approval on 3-3-92, the users and subsequently the projected wastewater flows. The following table lists the users and requested allocations. 150 residential units 52,500 Community building 500 1000 seat movie theater 5,000 McDonald's - 115 seats 5,750 22,000 sq. ft. retail (assumed) 11000 64,750 gpd Infiltration 1,400 66,150 gpd Design 0 Inspection 0 Studies 0 Permitting 0 Surveying Mr. Joe Weith FILE: 88047 11 March 1992 Page Two I Based on the above flow rates we would require an additional 66150 - 31200 = 34950 gpd to complete the project. This differs slightly from condition #3 in the Motion of Approval. Please let me know if this is acceptable. Very truly yours, FITZPATRICK-LLEWELLYN INCORPORATED Lanc A. L1, ellyn, P.E. cc: Gerald Milot John Larkin LAL#6/baf:88047-1 FITZPATRICK-LLEWELLYN INCORPORATED Engineering and Planning Services TO: vv _' ��� Town of Stowe FROM: �q,Q�J��,�Jl/1t� PLANNING COMMISSION , ,(�d � Z � (C(G Z P.O. Box 216 DATE: Stowe, Vermont 05672 SUBJECT: C C1 (802) 2534"Ir. L.Q 00 �Gfo�.c( Ct�I.Q 6�lCe/��i���y �y�mv�zrrn ccp PI,LP 0� " �h � nC� 5 'i-tj C� 0 `I'� W lU 7)tW (4s h&L �9a�. v dRECEIVELo ar,f Wuo��a� n MAR 13 1992 City of So, Burlington Plan. Comm. 9/19/88 pg. 2 When the audience was asked to comment, Mr. McLane said is Brook Rd, a mess now, with all the traffic and construction trucks up to Percy's, and asked how Brook Rd, could handle 102 more units. Trail rides handle 1500 people/yr. Ben said they could continue but might need regulating and possibly some relocation as erosion a problem. Does the x-c Catamount Trail cross there? No one knew. A member of the audience felt the state should calculate septic requirements of second homes not by the bdrm count which is done now. McDonald's: Jim Benware, area director of operations, came to explain their removal of one island and tree in their rear third of pkg. lot. Because of poor lighting the tree kept being damaged so he ordered the island removed and paved for safety. Thus he'd like to amend their site Plan. We discussed original reasons, that the islands helped break up the large mass of parking. He pointed out that this summer they have really upgraded the landscaping and fencing, and there will be no more banners or such strung up. Vote was B-1 (Karen nay) to approve the parking as amended, without that island. He hopes to improve lighting. Minutes of both Sept. 12 and 13 were unanimously approved as writtgn. Correspondence: 1) Carol Van Dyke has written us her thoughts supporting Bill Alley's use of Harrington's, and opposing realtors' open house signs. Members were very appreciative of her letter and will thank her. 2) Cabral/Kreizel sub: Burnham has written Act 250 he is working to resolve the concerns of Albert Bedell re: potential runoff. 3) Topnotch has applied to amend their state permit to increase the pool/spa bldg. from 10,500 to 20,000 sq. ft. 4) Mt. Mansfield Co. has been directed by Ed Stanak to provide a master elan copy to us. 5) Hen & Jerry's are exploring use of 6 more fields on ayi o farm for dairy waste disposal. 6) A_guifer Protection explained his letter of 9/15 for Areas: Gar Deptea the Vt. Rltors to Patrick Parenteau .Envirn. Conserv. Commissioner. Evidently the APA's shown on our map were compiled from well yield information, and actually are "well -head protection areas". Gar asked for a more reliable procedure for mapping. ZA's report: Lee read a letter from the state that any structure for other than a single family residence is considered a public bldg., and asked how he should handle the many requests coming in to add apts. etc. These of course need a local health permit, but should he hold up the zoning permit until the state has reviewed it? We suggested he not accept an application for a second unit until they have state approval in hand, as once he receives it the 30 days begin. LeChateaubriand: Gar said the culverts have been ordered for the rear Pkg. lot, with construction to start by Oct. 1st. Interval ownership is the same as time-sharing, attorney Stitzel advises, Gar and Karen will attend the state housing committee meeting tomorrow. Karen's affordable housing committee meets Thurs. noon with a guest speaker to give an overview of the subject so they learn a common vocab. AGENDA REQUEST: APPLICATION TO PLANNING COMMISSION Date Request Received:, 296, Time Request Received: ' c, Request received by (Staff): _ C C 1!p r'r:- ') Date Request to be reviewed by PC: / T ----- .14—V4- - Name of Applicant: .�h y(� %'` 0_e Phone Number (to be reached for scheduling) :; Submitted by: Name of Project: ,1� _ Type Project Review• TE PLAN: Preliminary Regular _ Recessed ( date) SUBDIVISION: Preliminary Recessed (date) (subdivision number) (Note: This sheet is not needed for warned hearings) OTHER: Description of Project: Location (road): - Number of lots/units: Other : ` (� j r 7 �4-ChcI CL�Q—P --,-,T 'h7 �stimated Agenda Time: -A 1 Board of Adjustment Review (date): • /U\ �rrn L r ,ny1 '�1.. t y'i� ',4 '� V*�i',n..7w'S•' a },t�Y Y,' {�'.nt '1 Y, : • k.S' �� •''.iT (. � "" 1�!'{"T.i +iyy y1�7f w r !. t !!`j.i rS .i f k wti!'irs•K}r ,i� 3i" 1t ♦u't: +d '.',r. t ' �\'�Y � •. � I.t , .,, �hs� , ,: � ,�, t t •,, 1 t t u � ' I '. t �� i r .. 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'U` ti tr �`.: �1�;^''. t.�.N• s i fi1t ti r a , r � ���,. !�. a �...., T , 'I• 'e� `r.► .�rM,r=.. +�r• � �.,. � t ' f rI Y?JT '� '14n► ram`, f� e X"';�'H t� "�► M t'•:, Y�' a �v � r i.f�, •".'�.�"`:�fi� ( `"�, : tip' e'�ZFxi{J.,j er. ,F.�4yw''♦ C�, yi.4rK `t.y'r y1.', f ' 't< ,�`.N E• to li r,l+ ''�' R i'• xj v J:F++ i p' { �... �` �' �rr•f'V ,•'�, 1,,+ r Ypy C e,, �r w:`:+x �1.. •<'4 •Ir • rl�: t•t�,y tty �' Fj!.�. �..q, r�' �''. w 't f(.�v ��r, lf� •n'•I 1t '�. �t.,l ,} • J \ s •teWv' ,i; `* r'� L� t 17,} .1%,•n� x r`� r } 'r t , /(y �� ' ��\ 1 J •e •'r; �.,. e t W; ,rti"Z �'�t Artf r `iJ �'•"k'� `._`� � ^ ,;t, •,'' � ,', + . t� .\' ,. l .`• +0.� :a't ►-)''! i'''R.+`.h x��,y.,., r•gy1Nl• `«t'� I „i, ti + .•tix r'•• ry. • ''� �f Mt � ,.• •+.'I;�► y►;%'+;���rr4�]11 .., !�� I� r i .. �. '�Y y�. ,I •.'. �' :r, �+� ,t11^�: )' li,.'i j. mot* '• � ' [ � '1."' •1 �. /•, � I +• t • ��t r r,.,+i.� • O '! +1'I I itu�• CV r I' �'-. .1. t! - ), 1f ^ a'r •v Ytv ) Z 0( 1fJ tt Q+ e, lot to t 1 .i a'�ir r.' t! ,•` Cr;1' '1 ll•�w:���' `q /. i. f r Q•'?1Q�'f • { 4 y + F' ;nu :"y'4✓ ' n l I J . � t ,. r ' 1 w ,' r � t'' '�+, 1� Or 41, plot. Ole4 • • •.. a y 5, p•, C�,Ole— .. (orCn • 4r , , �Y t I11 / a C4 f! o !v,1' li► / r {' r r. ,i , r'. n �r4 ' , _ rt , .� t ! t Ate• 1�b bf f C . May 16, 1988 Landscaping: existing large maples and hedge will be kept. New shrubs shown on west end of barn and sw section of barn front. Narrow 10' green belt to edge of r-o-w was questioned, Reed said it's pre- existing, that he's been to us once before and approved, and 3x to BOA for house approval. Gar pointed out he's benefitting from our revised pkg. specs but still claims the too -small green belt is pre-existing. We felt it should be at least 201. He asked to recess until June 6th so he could study the plat and revise if needed, prior to a site -walk. Becky Graddoek came for site plan approval, corner Weeks Hill/Rt. 108. BOA has approved the barn being replaced by an office/retail bldg. 1st floor 1395 sq. ft. retail, 2nd fl. 1517' office space, + approx. 900' basement = 4747 sq. ft = 32 spaces, but she hadn't subtracted storage. The front farm house contains 972' retail and 4 apts. = 8 spaces. Her Plat totals 39 spaces, l0x2011V which we agreed was practical, but she'll need to delineate'it by more than just grass, which she'll study and tell us. Walkway between bldgs. will be landscaped. She plans lighting on outside of bldg., but we requested some in pkg. lot. She'd like to fill in the swale running alongside Weeks Hill and eliminate the junk trees but hadn't realized a culvert was needed. If junk is cut out we'd definitely like other screening for the pkg.lot.Unan. approval was given for the pkg, lot itself, and she will return June 6 with details of lighting, screening, drainage. Dia Elliman Jenks came to show us the revised parking she'd like beside the Dia North bldg. in LVC. She's not expanding the bldg. or use, just wants to improve it with 12 spaces down the south side of bldg. to be screened by row of trees, with grass in front. We felt this to be a big improvement and gave unan. approval. #87-23, Lower Village Water systems, reconvened from 3/7 and 3/21. Linen shows all the corrections we had asked for, with the .3 acres to be added to DeGrasse and .8 to Merz. Unan. approved and signed. Gar read from the growth bill which was finally passed, the section on town plans, and suggested we study its details and impacts before continuing on our Plan rewrite, which we agreed to do June 13. PC summer schedule which Dea and Dottie had worked out was distributed. Dea's report• 1) she has planned an hr's workshop next Mon. to finish up the Ecomonics chpt. then a discussion of rental houses, after which realtor Barbara Evans will come to discuss the open house signs. 2)she will be attending 1/2 day transportation seminars the next 2 days 3) Act 250 will review a project for historic preservation value if it's pointed out to them during the permit review process. LeChauteaubriand site walk for parking will be June 6. ZA's report: 1) Donza/Nachman's permit for Weeks Hill expires May 19, & there's no mechanism for the BOA to extend it since no progress made. 2)Old post office's permit has already expired, they'll have to reapply J) Stoware: Tim Meehan hasn't adequate space for the approved landscap- ing, as the highway dept. paved the entire shoulder.41McDonald's has bulldozed away the rear parking island without a permit. All agreed for him to write McDonald's to come in June 6 to revise its approved plat. 5) How much change does it take to trigger a need to revise an approved landscaping plat? (i.e. spotlighting trees, etc.) We'll study it. 6) Lee Darrow has been appointed new ZA, starting tomorrow. On May 6 Gov.Kunin signed into law an act mandating that planning commissions work up sewerage allocation policies and coordinate them With the sewer commissioners. After we've studied it Dea will invite the selectmen in to discuss the existing policy with us. Adjourned 10:10 PM (dwr) TOWN OF STOWE P.O. Box 248 Zoning Administrator Stowe, Vermont 05672 (802) 253-4091 t June 17, 1988 McDonald's Corporation One Computer Drive South Albany, N.Y. 12205 RE: McDonald's Restaurant Stowe, Vermont Removal of landscaping island from parking lot. Gentlemen: A landscaped island was recently removed from the northerly end of the parking lot at your Stowe restaurant. This planting was an integral component of the overall landscaping plan approved by the Stowe Planning Commission in 1984. The two planting islands help to break up the visual impact of a large paved parking lot. It is the Planning Commission's wish to have the planting island replaced at the earliest possible time. Should there be any questions about this matter, please feel free to contact me. I am in the office weekday afternoons from 1:30 to 4 : 3 0 Very truly yours, Leland G. Darrow, Jr. cc: Planning Commission PC 9/10/84 pg12 Spruce Pond Inn: George Stearns and Max Holland came to explain confusion re: sub. linen. Holland sold the motel on 11.7 acres to Michaelson, plus 2 parcels of 10.3 each, all of which avoided state supervision and ours, but while the state considered the road as dividing the Inn from the rest, our local zoning was in- terpreted as meaning a road does not divide property on both sides of it, which thus is considered contiguous. Sub, #82-7 allowed the motel to expand to 18 units on "B" plus 1 dwelling unit each on C and D, which now is combined to "B -C-D", with one unit each on E and F, both 10.3, which is still the same on the present linen, plus the Inn on 3.61 acrms which is the same. Michaelson would come in for a subdivision in the future if he needs it. Stearns said the state also said the Inn was exempt because of existing status, but we asked for a letter on it. Since the density remains the same, PC unan. approved the linen pending the state exemption letter, when the linen will be filed. Nourjian motel, lower village: Bruce brought in updated plans which include adding a 100-seat restaurant toward the pond, moving the tennis further east. Still planner are 48 rms plus mgr. apt, with 4.47 in LVC and 4.6 in RR 1. Will have drilled well and 10,000 gal. in sewer plant (if more is needed they will have on -site disposal), Parking allows for 48 units + 15 employees since they expect no transients, but Nourjian agreed that he can and will enlarge the parking up the side street if it is needed. Siding material and color the same as orig. approved, except horizontal instead of vertical, details of which he will submit. Site plan unan. approved. :Minutes of 8/27 approved as written. rcom Bob Justis said he is resigning from Bd. Adj., and suggests someone else fLop PC apply to fill the dual role.' ;McDonald landscaping: L.A. Bell gave us landscaping plan, but he explained they neglected to add the islands either end of middle row of pkg. Also, we pointed out we required plantings on the end of the pkg. lot toward Rt. 108, which Jacob2en had agreed to. Someone also suggested perhaps a berm on that end would help screen it. As to whether there appear to be too many light posts could wait until they ar actually lighted in order to see if they will be too many or too bright. Adjourned 9:45 PM PLANNING COMMISSION P. O. Box 216 STOWE, VLRMONT 05672 July 23, 1984 7 PM, Mem. Bldg. Presenti members Percy, Nourjian, Rogers, Beckerhoff, Smith, Carlson, Strong, Justis (absents Riley)z Z.A. Lew Bell; Foley. Minutes of 7/9/84 approved with correction of Chris "Fisher" to "Francis". PC letter to selectmen authorized 7/9 re: more time needed to study re -zoning Mtn Rd. was read and approved. Nourjian had ok'd it be sent 7/11. Z.A. Bell spoke about two thingss 1) Knoflicks wrote BoA res Costa's lack of landscaping which is causing erosion onto their land. Bell inspected it and found storms had washed out one of the 2 3' trees they'd planted, plus some of the steep bank. PC minutes show that Costa did meet our landscaping requirements, tho at a minimum, and 7 members felt that Knoflick's recourse would be a civil suit, lien on the property (which is for sale) or such. Percy felt we should require.replacement. Bell will follow up. 2) our letter to Max Holland, 4/27/84 re: Spruce Pond Inn subdivision, giving deadline of June 1 to remove 1 surveyor's seal from linen and present it for filing which hasn't been meta It was agreed that if the updated linen was received by the end of this week we would file it, otherwise if the land is sold without being properly filed, Bell will start action of the $50/day penalty. Bell will check with Holland's lawyer Stearns this week. Olde English Inn landscaping plat studied. Shrubs are listed in Latin and hard to read, and not keyed to map. Plat is confusing, in that Mountain Rd. is not shown, nor north/south, nor which room is the pub. Clerk will so write them. Stowe Carwashs Ch. Burnham came for siteplan approval for Bradford Oil Co. He stated that the model and plat are both to scale. Old bldg. will be replaced by completely new one having 4 wash bays instead of 2, 2 pumps instead of 4, plus a mini -mini -mart 650'sq. ft of retail having 500 itemsi all new gas tanks, all new leach field and new well for wash water. Roof will be stained wood shingles, siding brick. 12' grass strip next to road, and grassed area in rear over leach area, with r-o-w back to M'v. Lumber. Bldg. shows no plantings or grass, just bare paving up to it. We agreed to require some type of plantings in front of the bldg., whether in tubs or such. Burn- ham explained the highway r-o-w is much larger, going through at an angle (43' wide at north boundary and 75' at south, dating from 1931, which they are trying to get put back to the normal 25' from centerline, but he claims all setbacks except pumps can be met currently anyway. Discussion about where Mart customers parks Burnham claims while car is getting gas, rest of family will shop, so no parking is shown. 1-2 employees. Delivery will be on side (north). No repairs will be done. Dumpster in rear. Suggestion was made for Rogers to pull QuikMart application to compare. Burnham estimated that with 3xretail floor space t 2 employees he will mark off 11 spaces. McDonald's (former Burger/Brew): Taylor McDermitt came to update their landscaping plans. They plan to pave the existing gravel pkg. lot, separate the drive going to Woodmaster condos from theirs with a grass strip, and have additional bus parking toward rear. Discussion res runoff on paved lot vs. gravels McDermitt said it would drain to the northeast. Dumpster will be enclosed. Strong pointed out that delivery trucks might interfere with planned employee parking in the rear. They will re -stain bldg. as approved by BoA, use existing lighting. Pkg. lot shows 3 rows, for 57 cars. We asked for plantings either end of the middle row, to break the expanse up, and also some along the front edge of pkg. lot as Jacobsen had agreed to. McDermitt said the operator usually installs his own landscaping, that they'd put up a bond if required We asked for a specific landscaping plat, which he will mail us. Prelim. approval ,-,ivei Sub. 84-18, landswap between Fr-Lamoille Bank and PFR Inc (Rusty Nail), increasIng by .292 acres. Prelim. review 3 5 . Amidon explained that .812 will go from PFR and 1.104 from Fr -Lam. It was agreed this would improve the PFR lot, with r -o-w back to Fr -Lam. parcel. Approved unan., and will be signed and filed when linen received. TOWN OF STOWE Zoning Administrator P.O. Box 248 Stowe, Vermont 05672 McDonald's Corporation One Computer Drive South Albany, N.Y. 12205 RE: McDonald's Restaurant Stowe, Vermont Removal of landscaping island from parking lot Letter of June 17, 1988 Gentlemen: (802) 253-4091 Attached is a copy of my letter of June 17, 1988 regarding the recent removal of a landscaping island from the parking lot at your Stowe restaurant without Planning Commission approval. May we please have your response. Very truly yours, Leland G. Darrow, Jr. cc: Planning Commission i McDorrald*s August 7, 1984 McDonald's Corporation One Computer Drive So0i Albany, New York 12205 5181459-6900 Lou Bell Town of Stowe Stowe Town Hall Stowe, VT 05672 Re: McDonald's Stowe, VT Dear Lou: Enclosed is a revised site plan which show the bounds of our landscape islands as agreed to at our July 23rd hearing. The landscape plan will follow shortly, but generally this is the site plan which is agreed upon by all and we only need supply a landscaping plan prior to occupancy of the building. Sincerely, Taylb McDermott Construction Engineer TM/mtc cc: R. Nielsen I Comis H. Wallace EUONIM005 MU60 AREA 3 POTENTILLA cUONVMOVS MUGO ARB RivEFZ STONE MlJLCH McDonald's S-TO WE NER.MONJ7 EUONyMOUS C-,)--. HAIJTHORNE. AREA 2, I JWE LANDSCAQ(NG ' SIM AREA i AN FORA JUNIPF-k PERENNIAL FLOWERS MULTI -SiEM 81 RCH SEKIBI^H crS p P-li c E_ QroHTING- -O" -p. - LIGHTINC> - HED6E •�:•- I 0 O G IPA ti n AREA 1 • i-11)Ll.I STEt/1 &t?,cij • .AKIDURA O"UNIPER.S • 4'F_ R NNW- FLOWERS • STONE M U L r H I M E 1` 18 RA N E S JET, ram AV NnTES COLORS AND 5HAPE O�- 61kCH AGAINST LARGE WAL-L C0M(31NED WITH DOWN L1 6HTI N G . , V E Ry E1=FEf T1VE AI,L SEASONS AREA 2 �`'rCUONALD S S TZ� W E \4 T. SiOWE l ANDSCAPINI G DWARF PlART5... SLOW 6Rovtl l rAG IONTGOMERy SPRU CE ALP I RE SPIREA PROSTRATE POTENTILLAI* Py&M►A ARS30RVlTAE � C+-IAMA E CYPA I S VARI d -5 PERENNIALS DWARF IRIS ASTILl3E- N U C- CA , ei-c- ARE/-\ 2 WILL HAKE A SLI (BHT 5RIM SHAPE) OPWAMENTP\L STarAES CAN 3E USED TD HIGHLIGHT AND ADD A DIFFERENT-MWTURF— TO T1tE AREA. SLOW GROWING PLANTS ARE BEING USED TD R Ebu C E M A l IvTE N A N O A K D ALLOW INTERESTING ANO VARIED SHAPES 4 COLORS, AT you.R FROr1T j)OOR. THIS SETTING WILL BE. UNIQUE W ►T1-150th1E YERy 3PECli'\L t?cANTS .* Pl\REf\ 3 ALL F-M STl N G PLA NTH WILL J-? E. REPLANTED ►N ARBA 3 j ►e..... MUGOS ,P0TEr1TlLLA,EuoNyMov.sj AR13 S . REA-R)RES ARE: COST EFFECTNEWSSS, NEAT AND ATTRACTIVE APPEAiZANCE FROM ROAD SIDE . A6A IN.> A RIVEt+ZZ SM P1 E MULCH WITH UNDER LEI I N Cr :pLASTIG TU BE USED. SOWN L 16NTI WG W I LL 3 E I M PORTA hlT' OT" F-P, PLANTINGS DIRECTION AL HEDbE W IT14 $ ERl31AIJ SPRUCE . CORN 1=Q-M aE 2>IS LUSS ED),5UG6fST SRF-D ZARBER1 • RAWTl40QN E PLAN-TED l iEIS1Z ExdST1NG OFFLCE 71e^ IL.ER. • F-Ri-zANCE 51bN twoRKtti16 W jT B ,'AEI COUK G-� . • UPLI GOT r-)LiSTIN G KULTI - STEM • 130ZMS ARDSEEDING TD D ID. I15CUSS ED . McDonald's Corporation One Computer Drive South Albany, New York 12205 N5 r,;.' `' `".: �'• `:# '. 518i 459-6900 June 20, 1984 Mr. Lou Bell Zoning Administrator Town of Stowe Municipal Building Stowe, VT Re: McDonald's Stowe, VT a Dear Mr. Bell: Per our meeting on June 13, I have directed by phone -to have a set of plans to be sent to your office so you would receive them by Oune 19. Further, as discussed, the only changes to the outside of the building would be the addition of two handicap ramps in place of where the existing sidewalk is now at the east vestibule into the building. We intend to enclose the mechanical room for safety of those outside the building, and for aesthetic purposes so you would not see the existing mechanical HVAC units sitting on the slab at the rear of the building. Also, we are replacing the old freezer with a new freezer, which is approximately the same size, and we intend to finish the stairs for which Mr. Jacobson had permission to do. Instead of having a dumpster on a portion of the lot exposed to all view, we intend to screen that with a black wall covered with siding to match the building so it would not have a dumpster out in the open, but rather shield it from view for aesthetic value. That would be the extent of all changes to the exterior of the building. On the interior, we are just retrofitting the kitchen area to accept the McDonald's type kitchen package. As you know, we are under construction and I've instructed the people on the job to delay, as long as possible, the outside work so you may have a chance to talk to the Alderman, however, we are proceeding and if we get to a point where the job would be halted we would still do the outside work, as we both agree, that there is not a problem as we are just mainly doing this aesthetically to spruce up the building. Again, I would like to emphasize that the outside of the building will not change, any improvements to the outside are merely limited to aesthetic items to neaten the appearance of the existing building and bring it into higher standards than exist now. Thank you. Taylor McDermott Construction Engineer TM/vs CC: Ray- Nielsen (oe Comisr— �rtCiley Andre Laprade Harry Wallace h" ' /_ -)C- —6,� �V 410 -� ter- -ft now 3/3; 92 JW t f OTION OF APPROVAL I move the Planni Comm ssion approve the revised final plat application of John arI and Gerald Milot for construction of a planned commercial evelo ment consisting of 150 multifamily residential units, 6 z hotel, 20,000 square foot. movie er ; 1000 seats) ,..,�.L_000 sgi."r fe� t :,f retai! e, :tnd a square foot fast-tood restaurant with drive -through, as npicted on a sixteen (16) page set of plans, page one entitled, "L&M Park, South Burlington., Vermont, Overall Site Plan", pre- pared by Fitzpatrick -Llewellyn, Inc. and dated June, 1990, last revised 1/30/92, with the following stipulations: 1. All stipulations contained in previous approvals which are not. superseded by this approval shall remain in effect. 2. This approval is conditioned on a maximum seating capacity for the fast-food restaurant. of 95 interior seats and 20 exterior seats. 3. An additional sewer allocation of 63,028 gpd is granted for the entire project. A credit of 8,600 gpd for the existing hotel/apartment units is granted. The 63,028 gpd assumes 52,500 gpd for the residential portion and 10,528 gpd for the commercial portion (i.e., 19,128 gpd total - 8,600 gpd credit = 10,528 gpd). Due to limited sewer capacity at the Lartlett Ray Treatment facility, only 51,552 gpd shall be considered reserved capacity as approved on 12/11/90. The remaining 11,476 gpd shall be placed on th6 waiting list until such time as sufficient capacity is avatlable as determined by the City Planner. Of the remaining 11,476 gpd, 6,508 gpd shall remain ._F #1 on the waiting list as approved on 6/25/91 and 4,968 gpd shall be placed as #� on the waiting list. 4. It is anticipated that the projectwill generate 566 peak hour trip ends. This trip generation fits within the 623 peak hour trip end limit established by the Commission with the 12/11/90 approval. 5. The Commission approves a total of 465 parking spaces to serve the commercial portion of the project. This represents a waiver of 127 spaces, or 21.5% from the 592 spaces required by standard. It is the Commission's opinion that 465 spaces will adequately serve the development due to sha—d parkin" opportuni- ties. 6. The plans shall be revised prior to recording t-=tddress the rn c, a) Notes #9 and #10 on sheet 1 of 16 shall be revised to indi- cate 465 spaces to be provided, not 466. b) The landscaping plan and schedule shall be revised so that they are consistent in terms of numbers of plantings to le in- stalled. 7. The South Burlington Zoning Regulations permit planned unit developments (PUD) including planned commercial developments (PCD) in order to encourage innovation in design (Sections 11.50 and 19.15) and require that PUD's and PCD's consider aesthetic compatibility with existing buildings and site characteristics (Section 19.151(g)). In an effort to determine compliance with these criteria, the Planning Commission required the applicant to submit for review and approval building elevations for the retail building and fast-food restaurant. building. The Planning Commis- sion approves as a component of this application, the two (2)page set of building elevation and floor plans entitled "McDonald's Corporation, Series 2000 Plus Building," drawn by JMH and dated�j received 2./25/92. r, . lZa4o, Y ,,, 8. Prior to occupancy of either the fast-food restaurant or retail building, the propc:se.d traffic signal on Shelburne Road shall I installed. In addition, the applicant shall be respon- sible for properly timing the signal and synchronize all traffic lights from I-189 to Allen Road. Prior to installation of the new signal and synchronizing of all signals, the applicant shall submit a letter to the planner from VAOT which indicates approval of the signal installation and synchronization improvements. 9. The revised final plat shall be signed by the Planning Commis- sion Chairman or Clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. PLANNING COMMISSION 4 February 1992 page 2 right-of-way, if all the others on the street do. 4. Public Hearing: Revised final plat application of John Larkin and Gerald Milot for construction of a planned commercial devel- opment consisting of 150'multi-family residence units, a 60-room hotel, 20,000 sq. ft. movie theatre (1000 seats), a 25,000 sq. ft. fast food restaurant with drive-thru window on a 33 acre parcel located on Shelburne Rd.: Mr. Rabideau reviewed the previous proposal and noted that the Commission had felt the plan and use were not popular. He felt that their previous experience with fast food restaurants would enable them to do a good job with such a use. He then oulined several new elements in their plan. The have moved the res- taurant to the front of the lot to hide parking behind it. Circulation would be entirely behind the restaurant. There would also be a 50 ft. landscaped buffer in front. Mr. Rabideau felt this was a generous concession by McDonalds as was their offer to construct a non-standard building with a more creative approach to the architecture that would be more fitting for a family use image. Other changes include the reconfiguring of the retail space which, he felt, would make the shared parking work out better. There will be some parking under the retail buildings and they have agreed to extend parking all the way out to the retail wing to make up the parking deficit. The landscaped buffer along the parking lot has also been widened. Mr. Craig noted that on the plan there was a difference between delineations of two areas of parking. Mr. Rabideau explained that one delineation defines an area where deliveries would be accepted. Mr. Burgess said either you have parking spaces or driveways for trucks. One space can't be for both. Mr. Craig noted the pedestrian door exits right to the drive-thru lane. He said this was not safe. A McDonald's representative said theytried to keep the drive-thru on the back side to hide it from Shelburne Rd. Mr. Criag said they could eliminate the drive-thru altogether. The McDonalds people said this is not conducive to the current market. Mr. Craig said the present set up is totally unacceptable to him. McDonalds people said they do this in many places and have never had an accident. They said they had no problem adding a railing. Mrs. Maher asked the Planner if he was satisfied with the parking location in relation to peak demands. Mr. Weith said the number of spaces was OK but he wasn't sure about the location. He noted that people who live in the motel/apartments are now parking on Fayette Rd. instead of behind the buildings. Mrs. Maher asked when the traffic light will be in. Mr. Milot PLANNING COMMISSION 4 February 1992 page 3 said as soon as they can. They have a tremendous wait when the movie theatre gets out and they are going to petition the State to get the light up even if just for night use (blinking during the day). Mr. Milot said if the McDonalds is approved it would be a big help for them in marketing the retail space. They would build the retail when it is 60-70% preleased. He estimated 7 or 8 stores. Signing would be on the buildings. Ms. Pugh stressed that since the Commission had no design review, what was promised as design quality need not be built that way. Mr. Milot said he would give the Commission design review if they want it. Members accepted this offer. A McDonalds person noted the roof would be peaked in areas but not completely. they need a flat area for HVAC equipment. Mr. Sheahan asked the applicant to explain the landscaping fronting Shelburne Rd. and noted that the Planner had mentioned possible adding trees. Mr. Rabideau said the goal is to try to minimize the impact of the parking from Shelburne Rd. He didn't feel they should have to hide the building. He was not enthus- iastic about adding tall trees in front. Mr. Sheahan said he did not want to see a barren space between the building and Shelburne Rd. Ms. Peacock said she did not feel this was an innovative design. This is a fast food restaurant on the corner of two busy streets surrounded by parking. Mr. Milot said they have diminished the amount of visible parking and have added green space to the road. He noted they are dedicating a lot of acreage to residential use. The cflonalds people said this is classic architecture which is significantly different from their other restaurants. He said they would lose a great deal of identity with this concept. Ms. Peacock said she would be happier to merge a McDonalds into the larger retail building. McDonalds said this can't be successful for them. Mr. Craig agreed with Ms. Peacock. He said he thought the or- iginal layout was innovative. He said the point is that for this application this is all the applicant feels is acceptable. He said he would vote against it. He felt there were other con- figurations that would work here. Mr. Burgess said he would give the applicant credit for the underground parking concept. A poll of members showed a preference for continuing the hearing until they could see acceptable renderings and landscaping. PLANNING COMMISSION 4 February 1992 page 4 Mrs. Maher moved to continue the application until 3 March 1992 Mr. Sheahan seconded. Motion passed unanimouslv. 5. Public Hearing: Preliminary Plat application of L & M Partnership for subdivision of a 127.4 acre parcel into two parcels of 66.7 acres and 60.7 acres, Spear St.: Mr. Milot said the hearing was necessary because they didn't file the final plat in time. Mr. Austin moved the Commission approve the preliminary plat and final plat applications of L&M Partnership for subdivision of 127.4 acres of land into two parcels of 66.7 acres and 60.7 acres as depicted on a two page set of plans, page one entitled "Now land Property II, Subdivision Plan," prepared by Fitzpatrick - Llewellyn, Inc. and dated March 1991, last revised 6/13/91, with the following stipulations: 1. Legal documents for the proposed 80 ft r o w shall be re- corded in the South Burlington land recores prior to recording the final plat. These documents include the irrevocable offer of dedication and "Notice of Development Conditions" (attached) 2. The applicant shall record the final plat in the South Bur lington land records within 90 days or this approval is null and void. The plat(s) shall be signed by the Planning Commission Chairman or Clerk prior to recording. Mrs. Maher seconded. Motion passed unanimously. 6. Request of John Larkin to transfer 3174 gallons of reserved sewer capacity —from the approved- LTH_ residential sub-division--to-- Howard Johnson's planned commercial development on Shelburne Rd. for purposes of constructing a recently approved ballroom addition: Mr Craig asked what the other project consisted of. Mr. Rabideau said the capacity is from 5 proposed duplexes that would front the road. Mr. Weith noted that 5400 gallons capacity had been reserved for that. Mr Rabideau said they need only 3174 for the ballroom use. The rest can stay with the residential units. Mr. Austin moved that the Planning Commission approve the transfer of sewer capacity from four of five duplexes approved in Cluster C of the Bartlett subdivision to the position currently occupied on the sewer waiting list by the ballroom of Howard Johnson's and to move the position of Howard Johnson's to that currently occupied by the duplexes in accordance with the agreement document references as: Agreement, Transfer of Chittenden County Regional Planning Commission 66 PEARL STREET P.O. BOX 108 ESSEX JUNCTION, VERMONT 05453 802 658-3004 February 13, 1992 Mr. Ray Belair, Assistant Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 RE: L&M Park, Fast Food Restaurant Dear Ray: I was asked to review the traffic circulation pattern relating to the proposed fast food restaurant on Shelburne Road which will also include a drive -through lane. In reviewing facilities with drive - through lanes, I look at the following issues: 1. Stacking Room: In my opinion there is adequate on -site storage space for a facility of this size. Queues at the drive-in window are unlikely to interfere with on -site traffic circulation. 2. Pedestrian Conflicts: This design may result in some pedestrian/ vehicular conflicts due to having the drive -through lane in between the restaurant facility and the parking area. This situation could be improved by relocating the drive -through lane to the side of the building facing Shelburne Road. 3. Waiting Space: Occasionally, drive -through orders take longer than usual, in which case the customer is asked to pull ahead and wait while the order is being filled. A restaurant employee will then hand deliver the order to the customer when it is ready. Adequate space should be provided for this purpose. Please let me know if you have any further questions. Sincerely, C A Craig Leiner Transportation Director CTL:bf ... Serving the Municipalities of ... Bolton Burlington Charlotte Colchester Essex Junction Essex Town Hinesburg Huntington Jericho Milton Richmond St. George Shelburne So. Burlington Underhill Westford Williston Winooski M E M O R A N D U M To: South Burlington Planning Conunission From: William J. Szymanski, City Engineer Re: March 3, 1992 agenda items Date: February 28, 1992 MUNSON PROPERTY, 1860 WILLISTON ROAD 1. Existing curb cut should be closed. 2. Site plan dated September 1991 prepared by Fitzpatrick - Llewellyn is acceptable. CENTER PLACE. CORPORATE Wj_'I 1. An agreement between the owner and the City should be to use the parking lot as a turn- around for the short dead end street if it is to be maintained by the City. 2. Corporate Way shall have a temporary gravel turnaround whez-e the paved area ends. L&M PARK - SHELBURNE ROAD Plan dated June 1990 with latest revision dated 1/30/Q2 prepared by Fitzpatri)J-Llwellyn Associates is acceptable. ` �§nutb +�urlington 3ftrr f 575 +B urs et ttreet ua.aa! �rl�liu1�11►1►, k►Clllillili 0,►.#11� a s TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: MARCH 3,1992 AGENDA ITEM DATE: TUESDAY FEBRUARY 11,1992 1. L&M PARK SHELBURNE ROAD PROJECT # 88047 RESTAURANT & RETAIL BUILDING PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE LAY OUT OF THE BUILDINGS FOR EMERGENCY EQUIPMENT. WHEN THE PROJECT WAS FIRST APPROVED WE REQUESTED THAT THE MAIN WATER LINE WAS TO BE A LOOP SYSTEM TIED IN AT SHELBURNE ROAD AND AT THE RAILROAD TRACK_ TO MY KNOWLEDGE THIS HAS NOT BEEN DONE YET. BEFORE THE BUILDINGS ARE COMPLETED THE WATER MAIN SHOULD BE A COMPLETE LOOP SYSTEM. Z�y�9 7- MOTION OF APPROVAL I move the planning commission approve the revised final plat application of John Larkin and Gerald Milot for construction of a Planned commercial development consisting of 150 multi -family residential units, a 61 room hotel, 20,000 square foot movie theatre (1000 seats), 25,000 square feet of retail use, and a 3,600 square foot fast-food restaurant with drive -through, as depicted on a sixteen (16) page set of plans, page one entitled, "L&M Park, South Burlington, Vermont, Overall Site Plan", prepared by Fitzpatrick - Llewellyn, Inc. and dated June, 1990, last revised 1/30/92, with the following stipulations: 1. All stipulations contained in previous approvals which are not superseded by this approval shall remain in effect. 2. An additional sewer allocation of 61,850 gpd is granted. A credit of 8,600 gpd for the existing hotel/apartment units is granted. The 61,850 gpd assumes 52,500 gpd for the residential portion and 9,350 gpd for the commercial portion (i.e., 17,950 gpd total - 8,600 gpd credit = 9,350 gpd). Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd shall be considered reserved capacity as approved on 12/11/90. The remaining 10,298 gpd shall be placed on the waiting list until such time as sufficient capacity is available as determined by the City Planner. Of the remaining 10,298 gpd, 6,508 gpd shall remain as #1 on the waiting list as approved on 6/25/91 and 3,790 gpd shall be placed as #5 on the waiting list. 3. It is anticipated that the project will generate 594 peak hour trip ends. This trip generation fits within the 623 peak hour trip end limit established by the Commission with the 12/11/90 approval. 4. The Commission approves a total of 478 parking spaces to serve the commercial portion of the project. This represents a waiver of 141 spaces, or 22.8%, from the 619 spaces required by standard. It is the Commission's opinion that 478 spaces will adequately serve the development due to shared parking opportunities. 5. The plans shall be revised and approved by the City Planner prior to recording to address the following: a) Notes on the landscaping plan shall indicate that 8 honey locust are to be planted between bank and retail building and 6 radient crabapple are to be planted at the westerly end of the site on northerly side of Fayette Road. b) Additional landscaping along parking lot behind proposed fast-food restaurant building to better screen lot from Fayette Road. c) Footprint of main hotel building shall be consistent on all sheets of plan. d) Note 10 on sheet #1 shall indicate 61 hotel rooms, not 60 hotel rooms. 7. Prior to occupancy of the new fast-food restaurant or retail building, the following shall be done: a) Applicant shall update signal warrant analysis and submit such analysis to the City Planner for review. b) If signal warrants are met, the applicant shall install the traffic signal and properly time all signals from I-189 to Allen Road. c) The applicant shall submit to the City Planner a letter from VAOT approving the signal installation and signal retiming addressed in (b) above. 8. The revised final plat shall be signed by the Planning Commission Chairman or Clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. (moal&mp) 0 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 February 28, 1992 ZONING ADMINISTRATOR 658-7958 Mr. Gerald Milot P.O. Box 4192 Burlington, Vermont 05402 Re: L&M Park - Restaurant/Retail Amendment Dear Mr. Mil ot. : Enclosed is an agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, March 3, 1992 to present your request. If you have any questions, please let me know. ely, Xoe Weith, City Planner Encls JW/mcp cc: Greg Rabideau John Larkin Lance Llewellyn 02/19/92 16:34 518 786 0240 FROM MCD REAL ESTATE MCDONALDS CORP Z 002 02.19.1992 14134 P. 2 t M1MY/ .�v0 �/10/�1i00 1 W tJK.O LK�C i M�.r�o►�:r�l� fro! O�N�TM N4 ►'►i IV.O NU 0. r*nalvn�cAWtW �W .oTM a RHO .} M����S wfl01 1 I I i �c II II > t l II II II II II II II II II II II 11 II II II II II II II II rt II II LJ- i N/F SOUTH BURLINGTON < I CHRYSLER PLYUOU77-1 r-- L TABLE OF STRUCTURES ri `-- l RETAIL. o I \ 1 a PARKING LOT DETAIL SHOWING UNDERDRAIN -�T F REFERENCE PLANS _ _ 1 t - \` -- -- -- - _ ❑ / J > �'- o� a = 1. FOR ALL PROPERTY LINE AND RIGHT-OF-WAY ` P Y E HT INFORMATION SEE PLAN ENTITLED "L d M PARK - PROPOSED SUBDIVISION PLAN", BY FITZPATRICK-LLEWELLYN INCORPORATED • DRAWING NUMBER D-3724, DATED DEC. 1990 2. FOR DETAIL OF SHEI_BURNE ROAD (RTE. 7), SEE "L 8 M PARK, TRAFFIC SIGNAL PLANS AND DETAILS", D-3978, D-3979, D403I-D4035 (,/ ( - /< BY FITZPATRICK-LLEWELLYN INCORPORATED _ 41 / '' ---d ! _ I ITN -- � REST. I LEGEND If IN.\ � -' _ o � PERIMETER PROPERTY LINE t i, ). /) /I.. _ _ _ _ _ - - - - RIGHT- UIVE /EASEMENT LINE -- SETBACK UNE i ' / _ \ tii-✓ �) = r _ - EASTTNG CONTOUR PROPOSED CONTOUR .. 7 f ,% /. 1 ' F \l \• ` - - _ - - - - - -12 5- �� - _ EXIS77NG SANITARY SEWER/MANHOLE a'S--♦- PROPOSED SANITARY SEWER/MANHOLE - - - EXISTING WATER LINE PROPOSED WATER LINE/VALVE/HKIRANT AC/NTO$H AVE. PROPOSED STORM SEWER/INLET PROPOSED SANITARY FAYETTE RO �TAR+ FORCE MAIN PROPOSED RAIN M1 J l f / ! ' _ \\ "„ r 1 • I aa�.n v<wc - °.�'a�?iZ. °14n.' 3t' RIP -RAP 1501 OO S.F. O '-(-- 1 PROPOSED CURB j G i � � I ( I IT ATER o , �,� I Ij ( � 7 i r I ` \ € l � � L } � - K . �• \1t ' • 1 � -��T �=Y FEB 21 1992 , • w r. �� V \ \ V .g �-:,.-- \ _ _ t I I• I GRAPHIC SCAkE -- Q �� So. Burl'gton ilncb FEET ft i rL- F IT IS THE USERS RESPONSIBILITY' TO ENSURE THESE DRAWNGS INCLUDE THE LATEST RENSIONS. PRELIMINARY PLAT 'ACT 250 AMENDMENT I 1 1r. l _- I ze : m i I V\ FINAL PLAT CONS7RUC710N SIX/O BOX Mq/CATES APPROVALS STALE THE OEJCN IS CURRENTLY IN. \ - _ I / I I - L _ _ __ _. _ _ � / ;.� TN R Y i RMONT �c PARK E & UTILITIES PLAN --ram � _ •��••T -� .._.._.. L� SIT N ••�•'�"' •��• N�IF FARRELL p i "1r 2E./ G .. • • '• r 1.3 Al 2xv'�,G Lr-�3 �WGG YFO- OL""2'-Cd•rt r�i rl 3G 42vvP8 47 ✓2_q--� �a_�:__ �L - -- --- �l�i�pQ4QOC�[� aDa7 _ ✓UN 19 0 INCORPORATEDEDVia• - - �3ti� .u�.:"e e...c'_ lei.2,DY-3481 NO, IL DATE CESCR'PTiON NO. ✓DATE GESO4.'�+!ON NO DA'E 5C.4:�7!ON _ WILLISTON VERMONT a`T 111 2 16 NO. RIM I COMMENT DI 1 201.1 DI 2 201.1 0I 3 200.5 gINV. DI 4 201.0 DI 5 195.6 OI 6 195.6 DI 7 DI 8 786.9 181.0 DI 9 190.7 185.7 DI 10 188.5 78J.5 DI 11 187.9 182.9 DI 12 187.9 1620 DI 13 185.7 IBO7 DI 14 1830 177.0 DI 15 182-5 176.5 01 16 2Co.5 194,0 DI 17 200.5 195.5 •. OI 18 200 5 ' 194.3 DI 21 201 O' 196.D Of 22 201.0 1 195.5 0123 201.0 196.0 DI 24 200 3 1 95 O 0125 /93.0 I870 OI 48 185.7 16 _0 i MH 207.8 194.8 AIH 2 19Z7 190.1 INV 6' SERVICE 192.1 MH J 188.9 /82.0 D126 IB6.B 1820 SHADING INDICATES F'DEL/NEATED WETLANDS N/F MERR/HEW/ II \ POMERLEAU S 70" 57'14" E 1 1041.48' PROPOSED MA/NiENANC£ G' -BUILDING •,`` ' l CENTERLINE OF RAILROAD TRACKS -- - PROPOSED 62'X105' 18 UNIT MUL77- FAM/LY S7RUC7URE (BLDG. I8 GARAGE SPACES PROPOSED 62'X720' 22 UNIT MUL 17- FAMILY S7RUCTURE (T)PICAL F BLDGS 1-6 ) 22 GARAGE SPACES 1 N/F STATE OF VERMONT 1 OWNER/LESSOR VERMONT RAILWAY 2 LESSEE E70ST1NG 16` o WA TER 7RANSWSSIOIV to LOCATION BASED t ON AS -BUILT DRAWING E 24' PRIVATE ROAD -I\ E t E`100' ROW. TO BE__--- - 1 DEDICATED TO CITY ` LEGEND PERIMETER PROPERTY LINE R.O. W. / EASEMENT LINE EDGE OF PAVEMENT ----------- LIMIT OF CONSERVA770N ZONE - -- - LIMIT OF WETLANDS 10' UTILITY H •� EASEMENT •� (ELEC., TEL. J \ 1 \ , `•� V} � TEMPORARY •CUL-DE-SAC , �,• •\LOCATION N/F FARRELL EXISTING RESERVOIR AND EASEMENT TO BE RESOLVED J2' WIDE PUBLIC STREET WITHIN A 60' RIGHT -OF -WA TO BE DEDICATED TO CITY d= •'1C� I� \ FOR 60, RO.W. FOR FUTURE ROADWAY EXTENSION 1 i LOCATION OUTSIDE OF •\ ` CONSERVATION ZONE \ S TO BE \ 1 •'1 AND DEDICATED TO THE CITY ,1 I 1 100' CONSERVATION ZONE 1 1 I EXISTING SANITARY SEWER MIIH/N 20' EF- ASEMENT EXISTING VERMONT [_NATgNAL BANK 1 it L N/F SOUTH DLWLN070V / BALOWN AVE CHRYS[ER PLYMOUIN 1 �N / a ` I 71" 22' 41" W -- 11.40' S ' 47 26 \ S /8' 15, /B" W 525.07 45.86 TO BE DEDICATED TO THE STATE OF VERMONT t99.60 FRB CUT I" ---"'TO REMAI �S 71* 22 42' E 188.60' S 71.E I I II.5.50' - S 18' 36'04'W A, y 125-00' PROPOSED RESTAURANT _ - d O MACIN709N AWE LANE I-FIRE I I 1 \ 0 1261.6 �C 77.28' W 1 EXISTING HOTEL L �-- PPROVIDE 60' AT TERRACE TO BEE INCNCORPORATED EASEMENT / DEDICATED TO BE TO CITY INTO PROPOSED GRAPHIC SCALE ( IN rur ) I Ino6 - IOQ (L /AG~xj PROPOSED RETAIL / COMMERCIAL DEVELOPMENT SOUTH BURLIN LOCUS NOTES 1. OWNER OF RECORD. DAMES FAYETTE 19M SHELBURNE ROAD SHELBURN& VERMONT 05482 2. APPLICANT GERALD MILOT 8 JOHN LARKIN P.O. BOX 419J BURUNGTOIJ, VERMONT 05402 J. ZONED. COMMERCIAL 1. COND17YONAL RESIDENTIAL USE PREVIOUSLY APPROVED BY SOUTH BURLING70N ZONING BOARD OF ADJUS7MENT. 4. TOTAL PARCEL AREA: JJ53 (+/-) ACRES 5. TOPOGRAPHY AND EXIS77MG FEATURES TAKEN FROM A PLAN EN777LED "LI M BUSINESS PARK SKETCH PLAN' BY DONALD L. HAMLIN, DATED 12118186, AND FROM INVES77GA77ONS PERFORMED BY THIS OFFICE. PERIMETER PROPERTY LINE /NFORMA77ON TAKEN FROM A PLAN ENTITLED I&V PARK 11175 SHELBURNE ROAD, SOUTH BURLINGTON, VERMONT', DRAWING NUMBERS D 372J AND O J849, DATED NOVEMBER 1990. LATEST REVISION FEBRUARY, 1991. 6. EX'S ,NG SANITARY SEWER LOCA7101V AND ELEVA7701VS TAKEN FROM DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON AND FROM INVES77CA71ONS PERFORMED BY THIS OFFICE. EXIS77NG 16' C,W.D. TRANSMISSION MAIN LOCATION BASED FROM INFORMA77ON PROVIDED BY 7HE CITY OF SOUTH BURUNCTON WATER DEPARTMENT. ALL LOCATIONS MUST BE FIELD VERIFIED PRIOR TO CONS7RUC710N. 7. LOCA7701V AND W1D7H OF AN77CYPATED HIGHWAY R/CHT OF -WAY SHOWN AS DESCRIBED BY 7HE CITY OF SOUTH BURLINGTON CITY PLANNER. 25' SETBACK FROM R.O.W. MAINTAINED AS STIPULATED BY PLANNER. 8. TOTAL MUL77-FAMILY UNITS 150 TOTAL NUMBER OF MUL77-FAMILY BUILDINGS 7 TOTAL PARKING SPACES REWIRED 358 PARKING SPACES BENEATH BUILDING OPEN PARKING SPACES PROVIDED f TOTAL NUMBER OF PARKING SPACES PROVIDE Ak-;-_3 9. COMMERC/ALIRETA/L AREA AND BANK 2,000 +/- SO.FT THEATER FEB 21 1992 22,000 SOFT.RETAIL, 3100 SO FT RESTAURANT PARKING SPACES PROVIDED - 393 10. EXISTING 61 UNIT HOTEL BUILDING EXISTING PARKING SPACES PROVIDED --�CRY- 7ul C O, B u r I i ng lu; o a - I st -ice r +• -G E3 _ -. w. , L NO. REVISIONS L & M PARK OVERALL SITE PLAN LLEW 8w047 E L L UMR ,d/NE. 1990 INCORPORATED �SLM� t11►i� I roaas.c ,,,, wAr.«c m,vas D J264 NALLISTON VERMONT I If 1"Iec t""v- 41P c 1�4j 0�O elollo, I ol f fo y ! �Wo y Y ,::T Pict eat`_ a V - 1r1e-A0,06d 'S 6� -6�1/ 7a ao ge rl 30b ell; -5 7g 1�3 3 -LID, ............... I �aG bite L.-I "p cev ... Ab h� 75� 13,1L) i3do V46. C6 TO: Town of Stowe FROM: tt� �l S Pl�nn� nQ �'" "-' �(� PLANNING COMMISSION DATE: P.O. Box 216 oZ a 1 Stowe, Vermont 05672 SUBJECT: pac v-I c(!aM(jc J (802) 253-489f -( pI3C) bvc'las& pl�c��as: ��ne�. oulcomcdd S J-&ru ul.- +ur u2e+ C4,0 tt '-+Otd qcflk- cl�- Y-L�, PhclM, 4k-,Q IQU, cuny p c�.� c�t ra.IAA.I c��'��flre�� r �- (gym ce lei S -hao, caz�9 44U bdo'w £C��uri& go al"-) okv i1- t{1.m-c� 46 IVICDonald's June 20, 1984 Mr. Lou Bell Zoning Administrator Town of Stowe Municipal Building Stowe, VT McDonald's Corporation One Computer Drive South Albany, New York 12205 518/459 6900 Re: McDonald's Stowe, VT Dear Mr. Bell: r' Per our meeting on June 13, I have directed by phone ---to, have a set of plans to be sent to your office so you would receive them by �une 19.- Further, as discussed, the only changes to the outside of the building would be the addition of two handicap ramps in place of where the existing sidewalk is now at the east vestibule into the building. We intend to enclose the mechanical room for safety of those outside the building, and for aesthetic purposes so you would not see the existing mechanical HVAC units sitting on the slab at the rear of the building. Also, we are replacing the old freezer with a new freezer, which is approximately the same size, and we intend to finish the stairs for which Mr. Jacobson had permission to do. Instead of having a dumpster on a portion of the lot exposed to all view, we intend to screen that with a black wall covered with siding to match the building so it would not have a dumpster out in the open, but rather shield it from view for aesthetic value. That would be the extent of all changes to the exterior of the building. On the interior, we are just retrofitting the kitchen area to accept the McDonald's type kitchen package. As you know, we are under construction and I've instructed the people on the job to delay, as long as possible, the outside work so you may have a chance to talk to the Alderman, however, we are proceeding and if we get to a point where the job would be halted we would still do the outside work, as we both agree, that there is not a problem as we are just mainly doing this aesthetically to spruce up the building. Again, I would like to emphasize that the outside of the building will not change, any improvements to the outside are merely limited to aesthetic items to neaten the appearance of the existing building and bring it into higher standards than exist now. Thank you. let, .I 'A Taylor McDermott Construction Engineer TM/vs cc: Ra Nielsen oe Comi }UIV i ey Andre Laprade Harry Wallace !� ,� Type or Print Legibly in Ink r �- TOWN, OF STONE APPLTCATION TO BOARD OF ADJUSVIENT (Submit in quadruplicate) w /}H:'fftT Fee Paid Date q za, �C Appeal No. _ " G Date Landowner R, EDW iN) qGC) f3SElJ Address 5ro ,jE Phone Appellant Address Phone Owner, Lessees or Agent Location of Property M TO D ,) ( ) Appeal from decision of Zoning Administrator. (File copy with Zoning Administrator). Application for a conditional use permit. ( ) Application for a variance. (Must meet the conditions 24 V.S.A., Sec.4468 before approval may be granted). Description of property (submit site plan): Lot Dimensions: LA L Q-� ft./acres Area: sq.ft. Frontage on Street— �� ft. Building Dimensions (present/proposed) Area 3a0 r sq. ft. Setback from Street 100 ft. Setback from Nearest Property Line 100 ft. Zoning Area (eg. RRN2) Building Use (present/proposed) }� E_�, I`A U k A 0 i— Remarks : r _B U i N 3O D l r- (� �Aitil��.y �1_-,TAvCAQ►�iJFr- r1Pic iTq LOC_A i c o I�r-R�rE't.i Tv��F l C0o i C: "t— I�)t) I L n I Signature of Appellant Signature of Owner If', , &1/1 W1__ ------------------------------------------------------------------------------------- Date May 21 , 19 0 Notice of Hearing April 29, 1980 Date of Hearing May , 960 Approved Yes Denied On the Basis of the following conditions: �r drbink No foo ^to a consumed in cars and/or on parking lot at restaurant. these conditions will be a part of any deed of sale of the re';�3„t'urant ialed. Date of Decision May 19, 1980 Clerk, Boardtof Adjustment Jo r�A. Mc ckar FINDINGS: Objections of Mt.View Apts. owners represented by oneof them—,. principal concern is adequate screening. Building will have 3apartments % r help only". Food will be served from counter in store on paper plates,or bagged if to go out, with tables inside only for eating there. Hours 11 am-- 11 pm,perhaps a little later Fri & Sat. Capacity 100 seats. 2880sgft. No decision yet on liquor license,but may not applyDriveway to be next to Stowe Center with parking lot on that side. Held 4:1 to meet 4.4,and 7.2(2). STOWE PLANNING COMMISSION 7:30 PM Mem. Bldg. Jan. 28, 1980 Present: members vice-chairman Justis, Rogers, Dumville, Percy, Beckerhoff, Nourjian (absent: Savela, Riley, Heath)= Z.A. Johnson; village trustee Emmett Morton do Ch. Burnham 9-10 PM. Minutes of 1/21 approved as written. Paul Percy opened discussion on joint PC-Bd. Adj. meetings, after which he made a motion to amend the zoning bylaw sect. 4.6 so that the Bd. Adj. does site plan reviews instead of PC so that PC could get on with the job of planning. This was seconded and passed unanimously. It was agreed that all members would study our working copies of rough re -writes for next wk. to see if anything else would be ready to include with this amend - went. Clerk will also check with Ch. Adams about this. Sub. ##80-1: Vercon Inci Ray Field was present to show plat of 33 acres behind Rusty Nail from which 6.5 acres would be divided, to be sold to Stu Baraw Sr., adjacent owner. R-O-W goes from Rt. 108 through Spera's lot to this 6.5 A. They have requested a deferral of permit from the state. We mentioned the proposed bypass as shown in the Town Plan, and agreed it should be streesed when the land is developed. Unan. approved, linen and 4 cc signed. Ed Jacobsen came for advice: when he swaps -the Burl. Savings Bank his one acre behind Stowe Center on which is the Center's septic, for one acre to west of the Center adjoining his lawn, he will have 4.1 acres between the Center Center and Marianna's, on which he would like to build a fast-food family budget restaurant - counter service only, no waitresses - hotdogs, hamburgs. Maybe 75 seats. Access would be along property line with the Center, and will be raised up to road grade as required by state. Marianna's leach field would not be affected. He'll Mild it for.:under $100,000 furnished, with no mortgage. Parking would be on side toward Center. Patio planned between the 2 wings behind bldg. We stressed aesthetics and landscaping as utmost importance. He will get needed subdivision permit, then proceed with prelim. sketches, etc. Birch Hill: Ed also asked about 53 acres here, since it already has been approved for cluster homes. Could he switch to condos? We felt the entire project and its permit would need to be re -studied, since a PRD used all the land for the allowed density, and just because the PRD happened;to be grouped on a certain parcel didn't mean it could be left there without the rest of the acreage. Development, newly planned, on a portion of the project, could negate the permit. Ed was hoping he could connect to the sewer line. We referred him to the selectmen. Pete Scheuermann-came to ask re: clustered family housing, long term rental. He's thinking of 20 acres in RR-2. Since a house+apartment is allowed on 2 acres, he asked if this would allow him 20 apartments on the 20 acres? Paul read the density permitted for a PRS, sect. 12.3 Zoning workshop: Village: re: municipalanswer being, no. bldgs. or office space needed in future, Emmett felt there would be no need for expansion. Charlie explained progress of the Proposed 4-acre parking lot behind Greem Mtn Inn, that funds had been :. applied for, to develop the area, that we'd have to pay for the land (revenue - sharing? Bob went to ask selectmen @ all monies have been spent until Sept.) Land parcel between Lackey's and church was discussed, as mini -park on upper part, and parking on lower. Also discussed was expansion of village commercial if needed. We felt adequate commercial space was planned for in RED Inc. property. It was unan. agreed that the PC recommend to selectmen and Bd. adj. that the town village let Red Inc. have the density it would give up by selling us 4 acres, and using it in the re a nder of its Proerty. It was also agreed to send selectmen a letter asking next availableprevenue-sharingfunds be earmarked for acquisition of land for parking lot. Adjourned 10 PM ST PLANNING COMMISSION 6:30 PM Mem. Bldg. May 19, 1980 Present: members Percy -7:30, Justis, Rogers, Dumville, Beckerhoff, Riley, Nourjian (absent: Savela, Heath); Z.A. Johnson. Joint meeting with Bd. Adjustment (all present except Black): Shed: Ken Strong requested 3 wkends (total of 7 nights) during which a tent would be erected over the patio, as done last summer, for jazz band. 9-1 AM. Art Wittels said they had no complaint if the side flaps were kept down. Ken said he'd try, as long as it wasn't a very hot night. Ken's request for permanent approval was denied, as this should be on a yearly basis. PC & BA approved the 3 wkends. Jerrr Dever Flying Tomato: to change the basement apartment to a game room pinball machine, etc.) for the "younger" crowd. There would be an attendant present, and no alcohol allowed. Jerry said the neighbors did not mind. PC found parking adequate, unan. ap owed. LandTech: Bill Zoppo, Austin Eaton, and Frank Lavella of Huygens Tap fla- explained their final layout. Plat didn't show plantings on Country Club boundary, but Bill stated they would do what they had agreed with them at 250 hearing. Chuck Baraw felt the driveway an improvement, and hoped the "forests" could be started first, to which Zoppo agreed. Bill also said the mounding would be done as the construction progressed. Hopefully they'll start Aug. 1, and do plantings in fall. Metal roof, with baked -on finish as shown at prelim. Haven't decided on firewalls. Will probably have gas heat, using 1000 gal tanks partly submerged. B.A. approved. Landscaping is detailed on plat. 207 pk. spaces are provided for the 96 units, and will be paved. PC approved site plan as presented. Ken Strong spoke on the need for follow-up after approving plans=bldg. inspector. Ed Jacobsen proposed restaurant west of the Center: revised architecture now shows a Victorian -style, 2-floor bldg., 2880 sq. ft. on 4-acre parcel, having 8 seats inside, with no patio, 3 apartments upstairs for staff only.arnboard siding, shingles. Ken Strong spoke for the Mtnview apts. that they were concerned with screening, well -pollution and sewage potential problems. Ed stated he planned a row of hemlock along back line. Food would'be prepared when ordered, served at the counter, and taken to tables. Discussion ensued as to whether 7.22 prohibits this type of service. Fly. Tomato, Mt. Mansfield Co., and even the Yodler buffet -are serve -yourself type. Take-outs would be special -ordered and packaged, and he would try to police the parking lot to discourage anyone eating in.the cars right there. Ed said he would write into the deed a statement that any change in the type of restaurant would need BA approval. Hasn't decided whether to have beer wine. BA approved (4-1-1). He will firm up landscaping, screening, and parking before seeking PC approval. Dr. Anns' UVM mountaintop committee changes were sent us for review, plus comments on it from Ch. Adams. They have incorporated most of our sug- gestions, and reworded parts of it. "Dept. of Forest/Parks" has been changed to "Agency of Envirn. Conservation" on all but the title pg. Re', obsolete equipment, we still feel an inventory should be made, with the 90-day removal deadline stated from a specific time. In reviewing Ch. Adams' comments, we felt they had been incorporated into the text adequately. Clerk will phone UVM tomorrow, then follow up with letter. Dept. of Corrections appeal. We have until May 23 to continue our appeal. Both boards voted to hire Charles Adams to continue with the case. Justis will notify the selectmen. Adjourned 9130 PM _Dw �2_ STOWE PLANNING COMMISSION 7:20 PM Poem. Bldg. July 21, 1980 Present; members Perc , Rogers, Justis, Nourjian, Beckerhoff, Savela (absent: Dumville, Riley, Heath Joint meeting with Bd. Adj. (all present except Ch. Black): Vt. Public Radio: Ray Dilley presented plans to attach an antenna to the north side of the existing ETV tower, having 4 elements 4'x27', transmitter to go inside existing ETV bldg. with no change to exterior. He said Mt. Mansfield is the only place in north Vt. which could provide coverage, and that they would need no new dish because the new DATE audio system and technology allows them to "borrow" existing microwaves. Transmitter can be moved for future co -location. Dr. Rbt. Arns spoke that UVM has approved this, with lease being negotiated, and that the promised housekeeping has stated, -with a 10' dish being removed. Screening and parking not needed, PC approved unan. (as did Bd. Adj.). John Duffy: would like to to expand his hobby of welding and repair work into a commercial venture. He has equipment in a mobile pickup truck, which would be on the road during the day, with small repairs being done in his garage on Nebraska Rd. at night and evenings. He presented letter signed by 8 neighbors approving this. He claims everything will be done inside the 36'x28' garage. Both bds. recessed this pending a sitewalk. Ed Jacobsen: to add 3 apartments and office over approved restaurant next to Stowe Center: Bd. Adj. approved this. PC reviewed entire parking and landscaping plan. 98 seats require 33 spaces, + 6 employees 6 spaces for 3 apts. = 45 spaces needed. His plat shows space for 47 cars. Will keep it gravel for a yr., then blacktop. He will add lighting to plat. Ray Field, prelim. for addition of 8 units in 3 bldg. on 16 acres, second phase of Stony - brook. Also will include 2 tennis courts and maintenance bldg. Ile was advised to proceed with warned hearing. Since he never gave us subdivision plat for the first phase of 15 units and allocated land, he said he would take care of that. Bob Collins: to add convenience store to the Gulf station, Lower Village: BA approved conditional to removal of U-Haul business and agreement with Dexter Morse includ-. ing 10 PNI closing. According to Collins' retail floor space figures he needs parking for 29 cars. PC found his parking plan unworkable - too close to pumps, Plus impossible on north side of bldg.. Will grass on south side be mowed? He'll return with revised plan. Just PC, 9: 20 ( with Z.A. Ned Johnson, Ray Field) ( rcti..ii 'Y�c7 � � CLV P r w-e-s Pete Scheuer:-lann and Tom Amidon came for prelim: 40 acres on River Rd (kR2) on which he'd build 18 condo or rental units, reserving 2 acres for a future house. He was advised to proceed with warned hearing. Powles-Hunt sub. #80-11: former Mac Clarke property, Brush Hill: no one appeared to answer questions re; Justis' springs locations, r-o-w to Fernandez, and possible future subdivision. Recessed for more info. Dean and Helen Walker came to discuss former Village Ski Shop. They'd like to lease it from Grn Mtn Inn and create an inside mall having 6 small shops main floor, + 3 downstairs, total of 6500 sq. ft retail (minus storage). 2.27 A. total lot. He'll get parking lot measurement from.Tursi. We were also concerned re: delivery trucks in rear, and storage. This concept met with encouragement, to -keep village as the center, and vital, providing parking could be worked out. Signs: Bob Kirby explained the sign committee is meeting with the state here Aug. 19, 10:30. :inures of 7/7 approve as written. Banr_ett Lower Leriche Sub. #80-7, containing H-3 A&B, 2 A&B, F 1-4, and lot 17, on linen and copies was reed today. Approved and signed. (Lot II was filed 6/2/80). Rob Verrill appeal: letter forwarded today from attorney Adams of Kimberly Cheney re: landscaping compared to Topnotch tennis bldg. landscaping. Clerk will research. Herb Hillma;, Stowe;Area Assoc., requesting PC member for their planning sessions. Bruce Nourjian volunteered. LandTech: another letter re: time-sharing, this from Ch. Black. No reply from Zo et 2 apn have been r c'd for Z A. posit on; Moolem.y Greer and Lee Darrow. pPo y the until Aug. , then infer pew tAon: Was agreed to cont. Adjourned 10:30 P1 1- -_3WE PLANNING COMMISSION 7:30 PM Mem. Bldg. Oct. 6, 1980 Present: members Percy, Nourjian, Dumville, Justis, Rogers, Savela (absent: Riley, Beckerhoff) t Joint meeting with Bd. Adjustment (all present): Don Post. Black Magic, came to ascertain his status with the tennis bldg. behind Marianna's. He has BOA and PC approval, contigent on health permit. Don said Jacobsen will give only a 10-yr. lease for leach field, which the State claims is not long enough. Don said his alternative is a mound system between the bldg. and the river, in the woods. He was advised to proceed, and then would need to obtain only a subdivision permit. LandTech: Stackpole, Eaton, Keating, Curtis came to amend their permit to include time-sharing. The first phase of 9, already started, will be sold, with �-G k Baraw mgr. (see details in BOA minutes). Both bds. approved this amendment, finding that the management, maintenance, etc. would not be' affected detrimentally. Pete Scheuermarn, Amidon: re -warned to include rental as well - as ownership of the 19 units on 37.9 acres, River Rd. This was found to have no detrimental affect on the neighborhood, and was approved by both boards. Topnotch: #80-24: Tom Kreizel explained that on 10A8/76 TN reed state and local approval for 45 units, but only 18. were built., that this is to build trhtr ra ig 24y~°At present they have 68 units total. DEC hearing is in progress. He shows additional pkg. of 48 spaces, plus 6-8' pine and other landscaping. PC unan. approved. -9: 05 PM Just PC, 9:15 PM: (also Darrow, Burnham, Amidon, Debbie Merrill, Ray Field) Minutes of 9/22 and 9/29 approved as written. LCDC meeting Tues. Oct. 14 to discuss chpt. 117 changes in state statutes. Burnham will attend, and report back to us. Hostetter sub. (McMahon) re0 dstate land use permit. Applicants for PC vacancy: Nancy Carlson, Peggy McDonald, Mark Brodeur. Selectmen have asked us for our comments, but those present do not know Brodeur, and would suggest they all be interviewed. Does the village need more representation? Ray Field brought in linen for phases I & II, Stoneybrook. We found he needs to add acreage on the last parcel, and # units, and unan. approved pending this. Ed Jacobsen left his parking landscaping plan. We felt something.was needed around the front, and would like him to come in to discuss it. Our budget for '81/'82 is due Nov. 3, Giles tells us. Study next meeting. Adjourned 9:40 PM STOWE PLANNING COMMISSION 7:50 PM Mem. Bldg. Oct. 20, 1980 Present: members Nourjian, Justis, Rogers, Riley, Dumville (absent, Savela, Percy, Beckerhoff) Joint with Bd. Adjust*ent (Black, Demerritt absent) Stowe School: Gregg Sinner and students Jim Gulrich and Drew Garrison presented plans for a new solar bldg. up behind the school. Rd. would not extend to it, would have no running water. They say it will not be seen from either Rt. 108 or Notchbrook Rd and therefore will not require land- scaping, but their plans were not complete and they will return later. -8: 20 Just PC: with Darrow, McVickar, Kirby Jacobsen restaurant: we explained to Ed that some landscaping would be necessary on the front of the pkg. lot. He added to the plot plan a 2' heck hedge along the front, and around the corners. With this -addition, it was unanimously approved. Sub. #80-22, Theo Clark, to divide 14.8 acres into lots #14, 18, 19, RR 3. Homer explained that this was part of a pre-existing subdivision having 19 lots, but since one was all ledge, he "moved" it and added 2 more, thus this application. KellerA owe left off the locator. Amidon stated that the perk tests, which have been done, will be sent to the state. PC unan. approved this pending receipt of state land use permit, and addition of locator. Alice Blodgett and son Steve came to ask advice on subdividing the studio from the house, on z acre lot, Rt. 100 north of Grand Union. RR 2. While these 2 units are pre-existing, problems arise upon subdivision: inadequate setback, shared water and sewer systems, and resulting w-acre lots. We have requested an opinion from attorney Adams. Minutes of 10/6/80 approved with the changes of "Chuck" to "Stu" Baraw, and under Topnotch, scratch "remaining" and add 24 "more". Our budget ' 1-' 2, to be submitted by Nov. 31 Rogers estimated, based on 3 months experience with the '80 -'81 budget, that we're holding our own, and suggests no reason to change the existing $9800 budget. While secretarial expense might increase, so will revenue from increased application fees. Those present agreed to submit the $9800 budget. Scenic Roads: Rogers reported on a meeting held last Tues. at the state ski dorm, by the State Transportation Agency to hear recommendations by the Scenery Preservation Council to declare Rt. 108 from Harlow Hill over to intersection at Jeffersonville village, as a scenic rd. PC rec'd notice a wk. previous. Betty Heath, Bev Wood, Tony Ciaraldi also attended. Cambridge PC, realtors and landowners were concerned on possible restrictions on development, but could not get answers. We rec'd booklet "Designating Scenic Roads", which includes towns so designating local roads. Mark Brodeur, Coldbrook Rd., has written us re: state mini -grants available for up to $1000, and suggests the town, village or LCDC apply for one for him to use to study a Design Control District for the village. After discussion, those present agreed that we had studied this prior to writing the zoning bylaw and felt the people would not go along with it, and would not now, that the zoning controls signs and all commercial bldg, that this might duplicate work already done by Ann Lusk when 'more than 100 bldg. were Inventoried for historical bldg. designation, and that we should decline Brodeur's offer, with thanks. Solar Energy, Ch. Burnham sent us info suggested for inclusion in bylaw re: this. Lee Darrow will study it and report back. Zoning workshop next Mon., to review our "clean copy", with possibly the public invited in for discussion Nov. 10?? Adjourned 9130 PM STOWE PLANNING COMMISSION 7:30 PM Mem. Bldg. Oct. 27, 1980 Present: members Percy, Justis, Rogers, Beckerhoff, Riley, Dumville, Carlson, Savela (absent:- Nour jian) Joint with Bd. Adjustment: Collins' addition to Gulf station BA #32-80: discussion as to their violating their bldg. permit. Plan. Comm. was not needed for site review. 8:40 PM Just PC: (plus McVicar and Betty Heath -905t Z.A. Darrow) Nancy Carlson was welcomed as new member; Minutes of 10/20 approved as written. Subn #80-23: Land Assoc. Inc. (Don Moore) Pall Spera explained they wished to divide off 8 acres from the 23 acre parcel of meadow, Sugar House Hill: Linen has no locator. Question was raised as to the 50' buffer strip the homeowners' assoc. believes it has along northern boundary. Because of these questions, recessed until resolved. Jacobsen's restaurant has rec'd state approval, with conditions it have 2 monitoring wells, and water meter for output. Scheuermann's state application has been withdrawn so it may be re -submitted with plans to hook up to town sewer system. Giles commented he knew nothing about it yet. PC elections were held: it was voted to continue the same slate on a temporary basis, and have full elections after March town meeting: Paul Percy as chairman, Bruce Nourjain vice-chairman, Dorothy Rogers, Clerk, Barbara Allaire paid secretary. Unan. approved. LCDC workshop for PC held last Thur in Hyde Park, attended by Dumville, Carlson, McVickar, Allaire. Zoning workshop will be held Nov. 10, it was agreed. Adjourned 9:40 PM special Planning Commission meeting Nov. 5, 1980 9 AM (no quorum available Nov. 3, and cancelled) Sub. 80-23, reconvened from 10/27/80: (present Justis, Rogers, Beckerhoff, Nour jian, Savela) Pall Spera brought back the linen and 4 cc with locator on it, and explained that research showed there was no legal 50' buffer strip. State land use permit is pending. Unan. approved and signed. Adjourned 9115 AM See below. Warned Hearing: #20-80. R. Edwin Jacobsen, To build a budget family restaurant; seating capacity of 100. Location: Route 108 between Stowe Center and Playhouse Building. Conditional Use. Mr. Jacobsen represented himself; presented plans. He has reduced the size of the building to 2880 square feet. The cupola is not included in the height allowance (and as stated in the bylaws). The second floor will have 3 apartments for help only, which reservation can be included in a deed if the building is sold. Barnboard siding and shingle roof. Pick up orders at counter to eat at tables. He will go before Act 250. Ken Strong, president of Mountain View Apartments Owners' Association, expressed the owners' concern about the septic system and screening to the rear of the restaurant (which is the front of the apartments). Carl Lismin, attorney for applicant, spoke; stating that he thinks 7.2.2 allows this restaurant use. Mr. Riley, of the Planning Commission, objected to the Victorian, railway station, appearance of the building. The applicant agreed to change the exterior to a plainer style. There would probably be no patio - all inside seating with 98 capacity. Find* n s of Fact: No food or drink to be consumed in cars and/or on parking - of at restaurant. There is to be no outside take-out window. Mr. Jacobsen agreed that these conditions will be a part of any deed of sale of the restaurant so that they will run with the land. Selected elevations of building initialed (without cupola). Objections of Mountain View Apartment owners represented by one of them, principal( concern is adequate screening. Building will have 3 apartments "for help only." Food will be served from counter in store on paper plates, or bagged if to go out, with tables inside only for eating there. Hours 11:00 a.m. to 11:00 p.m., perhaps later on Friday and Saturday. Capacity 100 seats. 2880 square feet. No decision yet on liquor license, but may not apply. Driveway to be next to Stowe Center with parking lot on that side. Held 4 to 1 to meet 4.4 and 7.2(2). Mr. Lukens moved to approve on the basis that take -out -food not be consumed in cars parked on premises and that there be no take-out window, seconded and approved 4 for and one against; one abstension. Mr. McVickar voted against because he does not think it meets the conditional use requirement. *During the Zoppo hearing, Ken Strong said that he thought that a permit inspector is required to make sure that conditions of permits are met. The Board said that a petition to the town is required as the Board of Adjustment and the Planning Commission have done all they can in this regard. Other Matters: Attorney Adams letter to Dr. Arns of UVM, concerning the summit of Mt. Mansfield, was distributed to the members. Mr. Justis reviewed the meeting that he and Paul Percy had with Dr. Arns. It was noted that in 40 years, due to advanced technology, there may not be a need for any antenna on the summit. All new prospective applicants are encouraged to go elsewhere than the summit. Most of the joint Boards' recommendations were included in the new proposal and both Boards are now a part of any new permit procedures. The Boards are still -4- remain as it is and he has no intention of expanding. Mr. Lukens asked the Zoning Administrator if he thought this came under home occupation. Ned Johnson replied that any number of people may already be doing such things as this at their homes, and that John is doing an excellent job with the foster children. It was decided to have a site walk and to continue this matter at the August 4th meeting. WARNED HEARING: R. Edwin Jacobsen. To add 3 apartments and one office upstairs over approved restaurant. Location: Route 108 next to Stowe Center. Conditional Use. Mr. Jacobsen represented himself. He presented an architectural drawing of the exterior of the proposed building showing a mansard roof and a cupola and said he would be willing to run a poll in the Stowe Reporter, asking'seaders-to pick either the more Victorian or more plain style building. But the Board stated that architectural style is not at issue at this meeting. Mr. Jacobsen explained that the apartments would be for employees only and would add no parking to.that stated in the permit already issued. Mr. Walker moved to -,approve, Mr. Lukens seconded; approved unanimously. Findings of Fact: As a special used under 17.2(15) and 4.4, approved inclusion of three apartments and an office on the second floor of the proposed restaurant. Size of building as originally proposed not attached. xfc3socx�oeaxicdcxxa The cupola /will be considered an exception to the height requirements under 7.5(4) and 2.7.. Five for and none against; Mr. McVickar abstained. PRELIMINARY HEARING: #39-80. Stonybrook, Inc. 8 condominium townhouse units on 16 acres and support facilities, 2nd phase of Stonybrook. Will be application for conditional use. Mr. A. R. Field spoke and described the plans. There are now 15 units and 8 will be added, and 2 tennis courts, a management building and storage facility. It is in RR2 and there will be 16 acres for these 8 new units. There are 56 acres remaining. 3 of the original units are unsold. It may be mid -August 1980 when phase 2 will be started. The Act 250 hearing has not been scheduled. The new buildings will be almost the same as the first ones. The swimming pool, approved under Phase 1 is now under construction. If a site walk is needed he would like it to occur before the August 4th meeting. The consensus of the Board is to grant preliminary approval. RECESSED WARNED HEARING: #32-80. Collins Associates. To add convenience store and roof over self-service gas pumps. Location: Lower Village, Route 100. Conditional use. (The applicant on 7/7/80 dropped the variance application.) Robert Collins represented the applicant and presented plans which are more complete then previous plans. He said the application was just under the density requirement. He is no longer going to pursue the roof over the pump island since it added to the density. He will get rid of the U-Haul equipment if he is required to in order to obtain the permit. He and neighbor Dexter Morse have agreed to put in a stockade fence between their properties. He does not think the convenience store will require a great deal of parking since it is a quick errand type of business. The store will close at 10:00 p.m. per agreement with Dexter Morse and Mrs. Morse. He feels there is room to park cars in front of the store and not conflict with cars at the pumps. The repair and parts store and area will close at 5:00 p.m. Pump hours will probably be the same as the store hours with one employee at each place. Mrs. Rogers said she -3- M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: February 4, 1992 agenda items Date: January 31, 1992 3) L&M PARK - RESTAURANT/RETAIL AMENDMENT - REVISED FINAL PLAT This amendment consists of reducing the size of the retail build- ing from 40,000 square feet to 25,000 square feet, moving this building to the west, adding a 3,600 square foot fast food res- taurant (80 seats) with drive through and adding one (1) unit to the existing motel. Sketch plan for this amendment was reviewed on —November 19, 1991 (minutes enclosed). The sketch plan con- sisted of a 20,800 square foot retail building with 40 motel units on the second floor and a 5,000 square foot fast food restaurant with drive through. The Revised Final Plat differs from the sketch plan in that the retail building has been in- creased in size by 4,200 square feet, the 40 unit motel has been eliminated and the fast food restaurant has been decreased in size by 1,400 square feet. The applicant is requesting approval for one (1) additional motel unit because when a portion of the rear motel building was removed to make way for the new road, they were able to save one (1) more unit than they originally thought. The existing motel will now have a total of 61 units. Access/Circulation: Access to the project from Shelburne Road has not changed. The easterly curb cut serving the retail build- ing and restaurant on Fayette Road has been moved approximately 27 feet to the west since sketch plan and as a result is no longer opposite the curb cut serving Larkin Terrace. Circulation throughout the site is acceptable. Coverage/setbacks: Building coverage is 17% (maximum allowed is 30%). Overall coverage is 65% (maximum allowed is 70%). Front yard coverage along Shelburne Road for the north lot is 5.8% (maximum allowed is 30%). Front yard coverage along Shelburne Road for the south lot is 0`/0 (maximum allowed is 30`/0) . The proposed restaurant building and retail building meets the setback requirements. Traffic: The original approval for L&M Park limited the P.M. peak hour trip generation to 623 vehicle trips ends per hour. The Shared Parking/P.M. Peak Hour Trip Generation report submit- ted by the applicant (see enclosed) indicates that this project will now generate 594 vehicle trip ends per hour. This number is partly based on using 87 vehicle trip ends (vte) for the proposed 1 Memorandum - Planning February 4, 1992 agenda items January 31, 1992 Page 2 150 residential units. In previous approvals the Planning Com- mission used 99 vte for these units. +Staff recommends that 99 vte be used instead of 87 vte which would bring the total trip generation to 606 vte/hour. This is 17 vte/hour less than the maximum permitted. Lighting: Parking and street lighting will consist of 29 250 watt High Pressure Sodium cut-off luminaries on 20 foot poles. Parking: The commercial portion of this project requires a total of 619 parking spaces by standard. The plan submitted shows a total of 442 spaces, 36 of which will be covered and located on the first level of the retail building. A total of nine (9) handicapped parking spaces are required and the plan shows a total of 12 handicapped spaces. The applicant has prepared a shared peak parking demand report (see enclosed) which is based on the ULI Shared Parking manual. Staff recommended that this manual be used for this project. This same manual was used to calculate the shared peak parking demand for both the Commerce Square and Lakewood Commons develop- ments. The parking availability for these (2) projects seem to be working well. The shared peak parking demand report concludes that the total peak parking demand is 478 spaces. This is 141 spaces or 22.8% less than is required. The plan shows only 442 spaces. Staff recommends that at least 478 spaces be provided, or the project scaled down to meet the 442 spaces shown. The applicant should also address the issue of location of -parking inrelationto-peak demand of uses. All parking stall dimensions and aisle widths meet the minimum requirements. Sewer A sewer allocation of 61,850 gpd is now required. This is 3,790 gpd more than was allocated at the 6/25/91 approval. This new total assumes 52,500 gpd for the residential portion and 9,350 gpd for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment Facility, the 3,790 addi- tional gpd required will be placed on a waiting list until such time as sufficient capacity is available. 2 Memorandum February 4, January 31, Page 3 - Planning 1992 agenda items 1992 Landscaping: Revisions have again been made to the landscaping plan and this plan still meets the minimum landscaping require- ment of $107,500. Five (5) additional street trees have been added for a total street tree value of $16,000. Therefore, the total landscaping value is $123,500. The landscaping plan indicates that there will be 12 Honey Locust in the area between the bank and the retail building but staff counts only eight (8) trees in this area which are shown on the plan. The landscaping plan also indicate that six (6) Radiant Crabapple trees will be planted at the westerly end of the site on the northerly side of Fayette Road but the plans show only five (5) trees at this location. Staff suggests more landscaping along the parking lot behind s("� McDonald's to screen the lot from Fayette Road. Other: --- footprint of main motel building is different on sheet 2 than on the other sheets. All sheets should show this building with the same configuration. --- sheet 1, note 10 indicates that the hotel has 60 units, it 7'� is staff's understanding that there are now 61 units. --- applicant was requested to submit elevations of the new building for the Planning Commission to review aesthetics criteria but none have been submitted. 4) L&M PARTNERSHIP/MARIE UNDERWOOD = 2 LOT SUBDIVISION - SPEAR STREET This application is for reapproval of a preliminary plat and final plat approved on June 25, 1992 and September 17, 1991 respectively (minutes enclosed). The project consists of the subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres. The reason for the reapproval is the failure of the applicant to record the final plat within 90 days of approval. The plan is identical to the one previously ap- proved. 3 FITZPATRICK•LLEWELLYN INCORPORATED Engineering and Planning Servile One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO ✓ l v�cl'�'%yt I L• ti Ky' [LIEUTEM )IF 'TG°3UM Vf1�71 URL DATE JOB NO. Il ATTENTION — RE: 5M FE82 2 .fflZ City of So. Burfineen y > WE ARE SENDING YOU X Attached ❑ Under separate cover via A _t 11,- t A ' the following items: ❑ Shop drawings -( Prints ❑ Plans ❑ Samples ❑ 'Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION PItL a,"d U}Z l 41e5 j)la(A r� "J LA.VIOIScG,_e 9 �ao I 11 x 11 YediL.A-c-bwt ©uev-oall S�ti Y9(avt 1 t t x 1Ve- CkA-I-C -h 0/1 '& 4._"a U% + e 5 p l an C- Do" a t ck S 51 El�v a.-4-� w►5 ��z x t t THESE ARE TRANSMITTED as checked below: 9 For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit_ > ❑ As requested ❑ Returned for corrections ❑ Return_ ❑ For review and comment ❑ ❑ FOR BIDS DUE REMARKS _copies for approval copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUCT 240-2 Ja Inc., cmmn, Man. 01a21. If enclosures are not as noted, kindly notify us at once. a 02/19/92 16:34 518 786 0240 FROM MCD REAL ESTATE c ➢1CDONALDS CORP 0002 02.19.1992 14134 P. 2 I I I I I I I I M ISO A' EU15 w.wn n�• w�r.s m � r�I City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 11, 1992 Mr. Gerald Milot. P. C'. Boar 4192 Burlington, Verriv-,iit. U`)4l)? Re: L&M Park - Restaurant/Retail Amendment Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please .fi;id a copy of some comments on the al enced project from City Engineer Bill Szymanski and Fire Chief Jim Goddette. If you have any questions, Encls JW/mcp cc: Greg Rabideau John Larkin Lance Llewellyn please give me a call. Sin erel , J e Weith, City Plannr�r S��G7 _ ■cfAWou- -- I 1 iI ��,✓ ,�\��I II t1 /� I I ?o 00 S. F I I i I Tb Ek To? h N N/F SOUrN BURLINGTON CHRYSLER PLYA40(UTgH /-cj Pure.HH+�TL � i= -- I 1 � •a�> �Ir1 1 I T IL y w'1"U r rQ Gpxlw1xp1eo1°( u E. t:oR / W.19te W-1 d T/2.9v L TABLE OF STRUCTURES N0. RIM I IN I COMMENT DI 1 201.1 1194.5 01 2 201.1 196.1 DI J 200.5 195. DI 4 201.0 196.0 D/ 5 195.6 190.6 DI 6 195.6 190.1 DI 7 186.9 181.9 DI 8 186.9 181.0 DI 9 190.7 185.7 DI 10 188.5 183.5 DI 11 1879 182.9 01 12 1879 182.0 DI iJ 185.7 DI 14 IJ01770 DI 15 1825 176.5 DI 6 17 :,o 201.3Ol 20194.3 19 ADI Zul001..22 201 I1/9830 194_0 ..37 193.5 8 DI 8 19 _ 21 D2 2100 .11 1 01 24 2005. /953 DI 25 1910 188.0 DI 48 185 7 180.0 MH 1 201.8 194.8 MH 2 1971 190.1 INV 6 SERVICE 1921 MH 4 ----'- OI 26 188.9 - 166.E I82.0 182.0 LL�e 61 ���e. r:.r��t• ,F�er� eT t P ( OI..1f�rG GIE,.�;- I+IC.OIRIW7�i.r�.- O b ACINTOSH AVE. O �2"e,cY=G LA)ri@ I / PARKING LOT DETAIL' SHOWING UNDERDRAIN L T� f z 4 .:;:t'r.��.>I� ,. ` ✓«� , � .' r; ', r inn REFERENCE PLANS 1. FOR ALL PROPERTY LINE AND RIGHT-OF-WAY INFORMATION SEE PLAN ENTITLED "L & M PARK - PROPOSED SUBDIVISION PLAN", BY FITZPATRICK-LLE'WELLYN INCORPORATED DRAWING NUMBER D-3724, DATED DEC. 1990 2. FOR DETAIL OF SHELBURNE ROAD (RTE. 7), SEE "L & M PARK, TRAFFIC SIGNAL PLANS AND DE'TAIIS", D-3978, D-3979, D4031-134035 BY F'ITLPAT'RICK-LLEWELLYN INCORPORATED LEGEND �••�••�••� PERIMETER PROPERTY LINE RICH I - OF- WA Y/EASEMENT UNE _ _.- _ - _._ _._- -.- ------- - SETBACK LINE - - - - - - -I-- - - - - EXISDNG CONTOUR PROPOSED CONTOUR EXISTING SANITARY SEW£R/MANHOLE B's 0 PROPOSED SANITARY SEWER/AIANHOLE - -1B'w- - - - EXISRNG WATER LINE -►F-e'W-�- - PROPOSED WATER LINE/VALVE/HYDRANT PROPOSED STORM SEWER/INLET m R , n PROPOSED SANITARY Y FORCE MAIN 4:An'�9Alb",., y4'n. RDf°;l<Q4" RIP -RAP 1—, -5E0 CURB aa4 e� � ''16 W T B _ 1 �.,,�. �i� \ IGI>i f-'LT /11 I I• ss �z �O✓M b,.f 'I � fL �.".(✓ I i &� o I I �■ I GRAPHIC SCALE e° x M FEET ) rn lY \-_e�4�,.o.N.�ere Inch - 40 It �o �e s i �` d a r I \ IT IS THE USERS RESPONSIBILITY TO ENSURE THESE DRAWINGS INCLUDE l THE LATEST REVISIONS. fREL IMINA R Y PLAT ACT 250 AMENDMENT _tFINAL AT CONSTRUC77ON PA�1'�eL>• I - - t -- 1 1�-wLeU�G - 1 "f = \ PLAT BOX INDICATE$ APPROVALS STAGE 111E DESIGN 15 WRM EY IN /// I 1 !',. G -.:� 16 3 Nh k 1 i11i \ i __ �c M _PARK u H I 1 N � - VERMONI - IV SITE & UTILITIES PLAN _..-_ _.._.._.._.. - - .. .._.. ..�..e�.+.�..e.er.. I, •►■raI■ �■� ••�•.�.�..rrr7■rao�■. N�F FARRELL 1 1ECEN v mw 2 13191 aevleE g¢.<o FS; noG 7R,�T.�s.E ue�o. ze•r. o�g, uL.n-,-an«+r, ¢ems-.G cna+r-ur,,. II�IIjS/ 0, _II ¢ELK-4 I«.�LI1fM«-/RGTYG. I+vV T«+C��T2 P.+0 l.!'i`TI 6C .ir�L T�LG 1Q� 1�92 `^ ¢ isuay.lT/R@v 3E �,«T Ei i¢fiv5¢ / II I I �LI L��LIZ1�1111��UYO GArt 1 1 .yTpfZM hGv�CP, PLC oCl+[%R4,fK E 19 1� IIb Sa `� zE .o c r. ol._o .� N 90 -I ti N l hE . � iGP' ._ L<Nar`I..1u'( �T w+V . N.r � ��¢.n 4A lu b 1 •.6 C2L V� 6 G.'Pr - G.fir4.. ¢.a -i' ru .c 'F� i J AN 3 0 .1LLw E L L-f H �' D�..I, er - , g a tc 7 v�wvT' a-+I�7 a a Gl-HI ¢e.nvc -m: ¢,-� -Lwus 15 q 18 91 atvx wo I cy 1196� cT EN•(ww16, of s,wucau¢r,ti o INCORPORATED wewcLNu.eu 2 �7 q1 Ite.l,SG vL uuti�Ckv+.G ICt.urG E•.+(QJ'++L-4 B 6H`il ¢CrVivEv e+�r`�i�«. E-( 2f �La u«JL IA ^I.-��'II ¢b+r c. .+'fnG�`-: wurelu+ ry �fi •+C P''�r «+[a1 / err+vn� C , A•OG GCr.. -�L-.N..�n, FG�� GYI"(i , Gr LL ENGINEEAINC YID PLANNING sEP"at D-J481 Y 'L'i ti QEtiI-P(� G✓Y%Pea'I-f Fealty All.--«.L i L�IYi 91 L..np .p�„ RbG PfJGn. (L.rf1f�L+E:,J I� 611��11 PI Hi! rLt/�'I C>.• ILt:«.+L.iG �G«+�L¢-iG1Y�/�G L LrEET 11 NO. DATE DESCRIPTION NO. DATE DESCRIP710N NO. DATE DESCRIPTION WILLISTON VERMONT 2 a 16 i City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 6, 1992 Mr. Gerald Milot P.O. Box 4192 Burlington, Vermont 05402 RE: L&M Park - Restaurant/Retail Amendment Dear Mr . Milot: ZONING ADMINISTRATOR 658-7958 In preparation for the March 3, 1992 Planning Commission meeting on the above application, please revise your plans to show the following: 1. The footprint of main hotel building must be consistent on all sheets of the plan. 2. Note 10 on sheet #4 must indicate 61 hotel rooms, not 60 hotel rooms. ' In addition to the above changes to the plans, please provide the following additional information: 1. Updated traffic signal warrant analysis. 2. Revised landscaping plan, including additional landscaping along parking lot behind the proposed fast food restaurant build- ing to better screen the parking lot from Fayette Road. 3. Final elevations for both the fast food restaurant and retail building. Mr. Gerald Milot February 6, 1992 Page 2 Please submit a full set ((5) copies) of the revised plans and one (1) reduced copy (11x17) no later than Friday, February 21, 1992. If you have any questions, give me a call. S' erely, Y"�t— e Weith, City Planner JW/mcp cc: John Larkin Greg Rabideau Lance Llewellyn M E M O R A N D U M To: ::;,mouth Burlington Planning Commission From: William J. Szymanski, City Engineer Re: March 3, 1992 agenda Date: February 11, 1992 MUNSON PROPERTY, 1860 WILLISTON ROAD 1. Existing curb cut should be closed. 2. Site plan dated September 1991 prepared by Fitzpatrick - Llewellyn is acceptable. L&M PARK - SHELBURNE ROAD Plan dated June 1990 with latest revision dated 1/30/92 prepared by Fitzpatrick -Llewellyn Associates is acceptable. 2L-11 /I v 11c A �Eri-�Gr- ,4 41!:>.-17i41,1 - ,-m T CoN T f Ai v E Si 3 ` � PLANNING CU CITY OF T B| ____ __ ___ _ RE: APPLICATION OF GERALD MILOT AN n\U��� / �.��Y����*L_- This matter came before the South '', 3 pursuant to the provisions of Sec. - South Burlington Zoning Regulations Burlington Subdivision Regulations and John Larkin, hereinafter "Apl::) 3,600 square foot fast food restat. through and 3) add one (1) unit to with an existing planned commercia* 1,000 seat theater and 60 unit mot depicted on a 16 page set of plans Overall Site Plan" prepared by Fit. dated June 1990, last revised on o/ve. The present at all of the public meetings. Based submitted at the meetings and as part of the Planning Commission hereby renders the following application: MANY PE Wi '— Applicants were on the evidence application the decision on this 1. James Fayette is the owner of record of this particular property known as 1175 Shelburne Road. Gerald Milot and John Larkin are the applicants of the subject application. 2. This property is presently developed with a 1,000 seat movie theater and 60 unit motel. This property is in a Commercial 1 District. 3. By their application the Applicants seek approval to amend a previously approved Planned Commercial Development (PCD) to reduce the size of a retail building from 40,000 square feet to 25,000 square feet, move this building to the west, construct a 3,600 square foot fast food restaurant (80 seats) with drive through and add one (1) unit to the existing motel. 4. Access to the project from Shelburne Road is not being changed. The easterly curb cut serving the retail building and restaurant on the northerly side of Fayette Road will be located 27 feet westerly of the curb cut serving Larkin Terrace on the southerly side of Fayette Road. This will result in these two (2) curb cuts not being opposite each other. 5. Traffic circulation throughout the site is acceptable. 6. Building coverage is 17% (maximum allowed is 30%). Overall coverage is 65% (maximum allowed is 70%). Front yard coverage along Shelburne Road for the north lot is 5.8% (maximum allowed is 30%). Front yard coverage along Shelburne Road for the south lot is 0% (maximum allowed is 30%). � � 7. The proposed restaurant building and retail building meets the setback requirements. S. The original approval for L&M Park limited the P.M. peak hour trip generation to 623 vehicle trips ends per hour. The Shared Parking/P.M. Peak Hour Trip Generation report submitted by the applicant indicates that this project will now generate 594 vehicle trip ends per hour. This number is partly based on using 87 vehicle trip ends (vte) for the proposed 150 residential units. In previous approvals the Planning Commission used 99 vte for these units. Using 99 vte instead of 87 vte would bring the total trip generation to 606 vte/hour. This is 17 vte/hour less than the maximum permitted. 9. Parking and street lighting will consist of 29 250 watt High Pressure Sodium cut-off luminaries on 20 foot poles. 10. The commercial portion of this project requires a total of 619 parking spaces by standard. The plan submitted shows a total of 442 spaces, 36 of which will be covered and located on the first level of the retail building. A total of nine (9) handi- capped parking spaces are required and the plan shows a total of 12 handicapped spaces. The applicant has prepared a shared peak parking demand report which is based on the ULI Shared Parking manual. The shared peak parking demand report concludes that the total peak parking demand is 478 spaces. This is 141 spaces or 22.8% less than is required. The plan shows only 442 spaces. 11. All parking stall dimensions and aisle widths meet the minimum requirements. 12. A sewer allocation of 61,850 gpd is now required. This is 3,790 gpd more than was allocated at the 6/25/91 approval. This new total assumes 52,500 gpd for the residential portion and 9,350 gpd for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment Facility, the 3,790 addi- tional gpd required will be placed on a waiting list until such time as sufficient capacity is available. 13. The landscaping plan meets the minimum landscaping require- ment of $107,500. Five (5) additional street trees have been added for a total street tree value of $16,000. Therefore, the total landscaping value is $123,500. 14. The commercial portion of this PCD is divided into two (2) sections. The northerly section will consist of the proposed retail and restaurant buildings. The southerly section consists of an existing movie theater and motel building. These two (2) sections are separated by a proposed City street to be known as Fayette Road. 2 , 15. The main motel building is two (2) stories in height, is approximately 180 feet in length and is located facing Shelburne Road on the corner of Fayette Road and Shelburne Road. On the opposite side of Fayette Road is located the proposed are (1) story restaurant which also faces Shelburne Road and it is ap- proximately 120 feet in length. 16. The existing approved plan shows a 40,000 square foot retail building in place of the proposed restaurant which has a similar mass to the motel building. The retail building is L-shaped and faces both Shelburne Road and Fayette Road. This design results in the parking area being screened from Shelburne Road and Fay- ette Road. 17. The plan shows a total of 224 parking spaces on the souther- ly side of Fayette Road and 218 parking spaces on the northerly side of Fayette Road. The uses on the southerly side require a total of 402 spaces and the uses on the northerly side require a total of 217 spaces. This results in the southerly side having a parking demand of 65% of the total spaces with only 51% of the total spaces being provided. 1. Table I of the South Burlington Zoning regulations requires that the commercial portion of this PCD have 619 parking spaces available. Since the Applicants will only be providing 442 parking spaces representing a shortfall of 177 spaces or 28.6%, the Planning Commission concludes that the parking requirements will not be met. 2. Section 11.505b of the South Burlington Zoning Regulations requires that parking areas provide convenient access to building entrances and minimize conflict between pedestrian and vehicle circulation. The demand for parking on the southerly side of Fayette Road is much greater than the proportion of spaces being provided. This situation results in customers for the movie theater and motel having to park on the northerly side of Fayette Road thereby creating conflicts between pedestrians and vehicles. The Planning Commission concludes that Section 11.505b is not being met. 3. Section 11.504d.(2) of the South Burlington Zoning Regula- tions requires that the design of the project access addressthe alignment of access points with existing curb cuts. The easterly curb cut on Fayette Road serving the retail building and the restaurant is not aligned with the curb cut serving the existing motel. The Planning Commission concludes that Section 11.504d.(2) is not being met. 4. Section 11.50 of the South Burlington Zoning Regulations states that PCD's "are hereby permitted in the C1 District in order to encourage innovation of design and layout." The exist- ing approved plan shows a retail building fronting Shelburne Road and fronting the first 200 feet of Fayette Road. Parking is A hidden behind the retail building and the existing motel build- ing. This concept represents an "innovative" design which works to discourage the strip development character of Shelburne Road. The proposed plan shows a small building along Shelburne Road which does not screen all the parking behind it and does not screen any of the parking from Fayette Road. This new plan promotes the strip development character of Shelburne Road. The Planning Commission concludes that this new plan does not further the purpose statement for PCD's (Section 11.50) which stresses "innovation of design." MAWN Based on the above Findings of Fact and Conclusions, the Planning Commission makes the following decision: The Planning Commission hereby denies the Applicants' request to: 1) construct a 25,000 square foot retail building; 2) construct a 3,600 square foot fast food restaurant (80 seats) with drive through; and 3> add one (2) unit to the existing motel, for the following reasons: a> The application does not meet the requirements of Table I of the zoning regulations. 619 parking spaces are required and only 442 spaces are being provided. b) The application does not meet the requirements of Section 11.505b of the zoning regulations. Parking areas do not minimize conflicts between pedestrian and vehicle circulation. The imbal- ance of parking demand versus availability on the southerly side of Fayette Road results in pedestrians having to cross Fayette Road to park. This situation increases conflicts between pedes- trians and vehicles. c) The application does not meet the requirements of Section 11.504d.(2) of the zoning regulations. The access to the retail building and restaurant is not aligned with the access to the existing motel. d) The application does not further the purpose statement for PCD's (Section 11.50) which stresses "innovation of design". This new plan promotes the strip development character of Shel- burne Road. Dated at South Burlington, Vermont, this ______ day of , 1992. ---------------------------------------- Chairman of Planing Commission PLANNING COMMISSION 19 November 1991 page 3 Mr. Burgess noted the Fire Chief's comment. It appears he would like the intersection changed for a better left turn. Mr. Burgess said he didn't think the request was applicable to this application. Mr. Weith said he was concerned this action would up the coverage .6% above 70%. Members felt the Mall should find a spot for the .6o green space. They agreed to let the Planner approve the location of this space. Mr. Austin moved the Commission approve the revised final plat application of University Mall Realty Trust for change in cir- culation during peak traffic periods on the University Mall property as depicted on a 2 page set of plans, 1 entitled "Site Plan, University Mall, Dorset Street, South Burlington, Vermont," prepared by Pinkham Engineering Associates, and dated 11/12/90, last revised 11/15/91, with the following stipulations: 1. All stipulations contained in the 9/24/91 and earlier approvals which are not superseded by this approval shall remain in effect. 2. New curbingrelated to this amendment shall be concrete. 3. Subsequent to the holiday season, the applicant shall return to the Commission for a review and progress report of how the temporary holiday season circulation pattern functioned. At that time the Commission shall determine whether the pattern shall be returned to the original pattern, whether the change shall be- come permanent or whether it should be continued as a holiday season circulation chance onlv. 4. Prior to permit, the plan shall be revised to show a maximum total lot coverage of 70%. The green space to be added shall be located preferably along Dorset Street or in another location that will improve the general appearance of the property. The revised plan shall be approved by the City Planner. 5. The revised final plat and engineering drawings shall be recorded in the South Burlington land records within 90 days or this approval is null and void. Mr. Craig seconded. The motion passed unanimously. 4. Public Hearing: request by G. Milot and J. Larkin to amend a condition of approval attached to the L&M Park planned commercial development on Shelburne Rd. The request is to delay installation of a new traffic signal on Shelburne Rd. until. such' time as signal warrants are met. PLANNING COMMISSION 19 November 1991 page 4 Mr. Burgess noted the state has said the light can't go up until warrants are met. Mr. Austin asked why lights can't be synchro- nized now. He said the only reason the project was passed was because of the things that would improve traffic problems. It now appears the applicant isn't going to do this. Traffic in the area is terrible now and this project will add to it. He felt the applicant should do whatever they can to make it better. He said he wasn't willing to waive the synchronization. It was noted that lights are currently synchronized and there was no need to resynchronize them until the new light is installed. Mr. Austin moved the Commission approve the request of Gerald Milot and John Larkin to amend condition #9 attached to the 12/ 11/90 final plat approval for the L&M Park planned commercial de- velopment on Shelburne Rd. Condition #9 shall be amended to read as follows: "Prior to issuance of a certificate of occupancy for any phase of development, the applicant shall complete construction of the southbound deceleration lane on Route 7 and shall install the underground components of the signal system, including the pole cases, conduit, etc. Installation of the signal will not be authorized until warrants are met. At time of application for further phases of development, the applicant shall update the signal warrant analysis. When signal warrants are met, applicant shall be required to install the traffic signal. In addition, the applicant shall propprly time the signal and synchronize all traffic lights from I-189 to Allen Rd. Prior to the installation of the signal and synchronization of all signals, the applicant shall submit a letter to the planner from the VAOT which indicates approval of the signal installation and synchronization improvements." Mrs. Maher seconded. Motion passed 6-1. 5. Sketch plan application of G. Milot and J. Larkin to amend the L&M Park planned commercial development to consist of 150 residential units, 20,000 sq. ft. theatre, 5000 sq. ft. fast food restaurant, 20,800 sq. ft. of retail use, a 60 room hotel and a 40 room hotel, Shelburne Rd.: f Mr. Llewellyn showed on the plan what exists now. They want to put in a fast food restaurant in the front of the property (probably McDonalds). They would reduce retail space from 40,000 sq. ft. to 20,800 sq. ft. and add a 40 unit motel to the second floor. Retail would move to the west of the lot. Mr. Craig said this is a pcd which should have innovative design. He didn't see this as a plan they could come in and change at any City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER ZONING ADMINISTRATOR 658-7955 658-7958 January 31, 1992 Greg Rabideau Larkin Realty 410 Shelburne Road South Burlington, Vermont 05403 Re: L&M Park, Restaurant/Retail Amendment Dear Mr. Rabideau: Enclosed is an agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, February 4, 1992 at 7:30 P.M. to present your re- quest. If you have any questions, please let me know. Sincerely, Joe Weith, �J:1 City Planner Encls JW/mcp cc: John Larkin Gerald Milot Lance Llewellyn M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski., City Engineer tRe: February 4, 1992 agenda Date: January 14, 1992 1 ERDMAN SUBDIVISION, SWIFT STREET 1. The width of Swift. rights -of -way is 49.5 feet. The planned r.o.w. for this street".is 66 feet. A commitment for the addi- tional 8.25 feet should be obtained from this subdivider. 2. The proposed curb cut is in an area where sight distance and visibility especially to the east is poor. It is on a Swift Street steep grade which will create problems for making left turns when street conditions are less than perfect. Access to the proposed lot should be through the existing lot curb cut. INVESTORS MANAGEMENT CORPORATION TEMPORARY DRIVE CORPORATE WAY Plan dated 6/22/90 prepared by Butler association is acceptable. L&M PARK_. SHELBURNE ROAD 1. The under cover parking will be attractive to shoppers. Most traffic will have to make a 180 degree turn to get to this park- ing area with the entrance so close to the building it may cause congestion in this area. Perhaps an exit drive at the other end of the parking area should be considered. The entrance shown will be an entrance only. 2 Plans dated June 1990 with revisions prepared by Fitzpatrick-Llwellyn are acceptable. TO: uut Surlingtntt firr 143cpartmrnt , 575 Borset �IIlttlY 6tirluttitan, l`lrrmant 1154I13 �1 ' �. 4 (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: FEBRUARY 4,1992 AGENDA ITEMS DATE: THURSDAY JANUARY 16,1992 1. CORPORATE WAY TEMPORARY DRIVE PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE TEMPORARY DRIVE TO CORPORATE WAY FROM 100 DORSET STREET AND RAMADA INN. 2. ROBERT ERDMANN 200 SWIFT STREET PLANS WERE REVIEWED ON THE TWO LOT SUB-DIVISON FOR MR. ERDMANNS PROPERTY AND I DO NOT SEE A PROBLEM AT THIS TIME FOR EMERGENCY SERVICE, 3. L&M PARK PROJECT # 88047 RESTAURANT AND RETAIL BUILDING PLANS HAVE BEEN REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY PROTECTION BUT, SINCE THE THEATER HAS BEEN BUILT THERE IS A PROBLEM WITH PARKING FROM THE APARTMENTS ON BOTH SIDES OF FAYETTE ROAD WHICH LOOKS LIKE THERE IS NOT SUFFICIENT PARKING AT THE APARTMENT COMPLEX WHICH SHOULD BE ADDRESSED. t-hh''LHIN WHTER TEL:1-802-864-0435 Jan �0,9? 9:39 N0.001 P.02 `E ` FfEt )WIDE ABOVE METER! 94 .� +�a DATE REAbING C REMARKS CGNSUMP 'PlRR 0 7 1991 APR 013 199 1• +�J� , 'R �JUNOE 1 �•AUG 0 6 1 ' (NOV 0 B 1961 DEC 1 0 1990j Y• 1i, 11O1O40 12L75 WTLL.TS;1"ON ACC, i; ARP -INSIDE ABOVE METER +f. , DATE READING CONSUMP . dUN 0 7 19111OT JUL 0 c` ;o v L 0 0 1996 � C-) Vct o'NOV q DEC 0 0 ;9 �.. j ---- 0 N) 3 � �. y� � dos y6� � = 3G� - C4,V /Ac-e 04e M E M O R A N D U M To: Project Files From: Raymond J. Belair, Zoning and Planning Assistant Re: Preliminary Comments, February 4, 1992 agenda items Date: January 14, 1992 TAP. INC. - TEMPORARY DRIVE -CORPORATE WAY Additional information required to be shown on site plan: --- zoning boundary between C1 and CD3 Districts. --- parcel size --- additional information on adjacent Ramada Inn and 100 Dorset Street properties such as parking spaces and aisles so staff can examine the affect on traffic circulation on the adjoin- ing properties. Other: --- application submitted indicates that the temporary drive will not increase trips. Prior to construction of the temporary drive this property was undeveloped and experi- enced no trip ends. This new drive does create new trip ends on Corporate Way. Applicant should submit estimates on average daily traffic and P.M. peak hour trip ends which will use this access. --- how long is applicant proposing to use this "Temporary" drive? ROBERT ERDMAN 2 LOT SUBDIVISION - SWIFT STREET --- due to limited sight distance for the access to the easterly lot, staff recommends that the existing access for the westerly lot be used to serve both lots. --- sketch plan submitted is acceptable. L&MM PARK = RESTAURANT/RETAIL. AMENDMENT - REVISED FINAL PLAT --- submit estimated cost of theater, retail building and res- taurant in order for staff to compute required landscaping value. Preliminary continents January 14, 1992 Page 2 --- ,.notation on sheet 2 indicating that the restaurant building is 50 feet from the existing Shelburne Road r.o.w. is incor- rect, this distance scales to be 60 feet. Restaurant is 50 feet from new r.o.w. line. --- application states that there are 457 parking spaces provid- ed, staff counts only 456. -- sheet 2 shows a small detached building just north of the restaurant. with direct access to the paved drive, indicate size and use of this building. --- sheet 14 shows the small building with no direct access to the driveway, which sheet is correct? --- it is staff's understanding that the 24 foot fire lane in front of the Larkin Terrace building is to be grassed and the plans show it to be gravel or paved. If it is to be grassed then it should be shown as such. Staff recommends that it be grassed. --- the curb cut serving the retail building and restaurant. on Fayette Road has been moved approximately 27 feet to the west since sketch plan and as a result is no longer opposite the curb cut serving Larkin Terrace. --- staff recommends that applicant follow the original land- scaping plan and plant 2 1/2" - 3" Pin Oak trees along Shelburne Road in front of the restaurant at 60 foot inter- vals. --- provide information on the number of seats in the restau- rant.. This is needed in order to calculate sewer alloca- tion. --- the proposed restaurant building meets the setback require- ments but the retail building does not.. The previously approved plan did show the retail building to be only 10 feet from the Fayette Road r.o.w. but it was located on the corner of two (2) streets and screened some of the parking lot. Staff is concerned that this new retail building being only 10 feet from the r.o.w. and being on a curve will interfere with sight. distance for vehicles exiting the access to the west. Staff recommends that the retail build- ing be moved back an additional 5-10 feet from the r.o.w. Staff also recommends a larger green area and substantially more landscaping to adequately screen the parking lot. --- this plan, in comparison with the approved 7/30/91 plan, has the parking areas much closer to the Fayette Road r.o.w. The previ- ously approved plan, in --addition to having the parking areas pulled back 1"rom the road, had berms and landscaping to screen the parking. This new plan has parking to within 3-4 feet. from the road with no berms and very little landscaping. --- a note on the plan states thatrevisions may be required to the landscaping plat.. Any revisions made to the landscaping plan aster approval. must be approved by the City Planner. I Preliminary Comments February 14, 1992 Page 3 --- staff suggests more landscaping along the parking lot behind McDonald's to screen lot from Fayette Road. --- staff is concerned that the entrance to the underground parking lot may be too close to Fayette Road and pose prob- lems with stacking, etc. This should be addressed. --- how about a similar paver design on south side of Fayette Road to enhance entrance appearance? --- applicant should submit. elevations for Planning Commission to review aesthetics criteria. AF ThtlBuCIR1gton jfre LEGAL NOTICES 1 LEGAL NOTICES P O. Box 10 Burlington, VT 05402-0010 tion of a planned >mmer- c i a i d e v e l o p it.w, n t cel into two (2) ps consisting of 150 mdi` 66.7 acres any family residential units, a acres, Spear Sir( 60-room hotel, 20,000 PParcel is bounds[ PUBLIC NEARING square foot movie theater Dehcker, B. Fe SOUTN DURLINGTON seatse il 25,000 (sham, Economot PLANNING s square foot retail building, Inc., J. Scanl COMMISSION and a 3,600 square foot Unsworth, W. Re. fast food restaurant with Corporation. J. 1 The South Burlington Planning Commission drive through window, on Boyd, D. Meredit will a 33 acre parcel located kins, and M. Undz_ hold a public hearing at the South Burlington City on Shelburne Road. The parcel is bounded by Mer- < Copies of the aF9 Z 6 Hall, Conference Room, phew, C/o Pomerleau are available fq �t 575 Dorset Street, South Real Estate, Pizzagalli Inspection at tl� Burlington, Vermont on Construction, Thomas Burlington City H; Tuesday, February 4, Farrell, State of Vermont 1992 at 7:30 P.M. to con- and Shelburne Road. Williarray sider the fo4lowing: r 1) Revised final plat appli- 2) Preliminary and final South cation of John Larkin and Plat applications of L&M Planning Co,___' Gerald Mllot for construc- partnership for subdivi- Continued Next Column Continued Next Column January 18, 199� —"— ry ,06 a t .06 SO BURLINGTON VT 05403 N/F SOUTH BURLINGTON L TABLE OF STRUCTURES CHRYSLER PLYMOUTH iJ------------ nu /� / / �n RETAIL c aAoan, P - 0 9 e oh+w j I } �DuL / /t" Qa7L 40UZSE °r�.��a'�P Qihb.�''�P° qo.€�.^,���a: . •tea r��:.... ID'Yyv.,G Ic' v�.Jc M pG , 6�X LJT GQGvL. �.. ,...L3G C.cOy PARKING LOT DETAIL' SHOWING UNDERDRAIN gpa.•�+..r•pr.� LC'T�� I�� �T'oN'��� p. C REFERENCE PLANS To 1. FOR ALL PROPERTY LINE AND RICHT-OF-WAY I • j aE%.c'F-n cyy r o* wa�,oc> INFORMATION SEE PLAN ENTITLED "L 8 M PARK - PROPOSED SUBDIVISION PLAN", BY FITZPATRICK-LLEWELLYN INCORPORATED DRAWING NUMBER D-3724, DATED DEC. 1990 { r ,(� I _ / , /� I }'• 2. FOR DETAIL OF SHELBURNE ROAD (RTE. 7), �E �+� iT,� SEE "L 8 M PARK, TRAFFIC SIGNAL PLANS AND DETAILS", D-3978, D-3979, D4031-D4035 BY FI77PATRICK-LLEWELLYN INCORPORATED REST. LEGEND OI 'I• D124 � I Sfl vpTL 2 -- e.. I _ I o �••�••�••� PERIMETER PROPERTY LINE _ _ _ - - - - RIGHT-OF-WAY/EASEMENT 1JNE _ I SETBACK LINE ___� EXISTNG CONTOUR , o:4h 'X 1 r" I 1'PROPOSED CONTOUR -12'S- I - - EXISTING SANITARY SEIL£RAANHOL£ E'5--6 PROPOSED SANITARY SEWER/MANHOLE „mNmN _ , ,,,^, „,,, - _ _ _ _ -Ia•w- _ _ _ _ EXIS"NO WATER LINE �--►•--s-w-S- PROPOSED WATER LINE/VALVE/HYDRANT -----+ AI • CNTOSH AVE PROPOSED STORM SEWER/INLET „Y^,^,,,,N,,,,N, NN,,,,N PROPOSED UNDERDRAIN F,QYETTE - IQQFIN _N1 FM PROPOSED SANITARY FORCE MAIN o _ { { I / / / / '+r _ _ _ 1 O I wP�nr�G I. vPwGRECEIV "'�. "•..e:°7Sii PROPOSED CURB I 10,00© SF j h1tLATE'R - a..w - �- JAN 14 1 R Tj 0 of W. BurtingtW GRAPHIC SCALE , IN FEES ) f e I ^� I 1� I _ ,•, e� �- - 4 I r � """" a �*E IT /S THE USERS RESPONSIBILITY TO ENSURE THESE DRAWINGS INCLUDE THE LATEST RENS/ONS. 1 • -4 PRELIMINARY PLAT ACT 250 AMENDMENT FINAL PLAT CONSTRUCTION SOLID BOX INDICATES APPROVALS STAGE WE DESIGN 15 cuRRCNnr IN. - w�" / L& M PARK V ( - I II :- II UTILITIES _ _� --_.•_.._.._... , SITE & PLAN :��� �..�..�.. .. ...�.. ' N�IF FARRELL l �� , N M• .ice.• T• - - II is �I cc '� es eawc� 2 �.31 41 •Gv �t y¢POES ; noc ,laxr�ze -P�Lt / I U LS p,-.1UnD OCIJ tI 88047EP ¢�,.r-,eY ,:n.,.Ara4.P-/ ae"z ncD •r.,c..rra P,-� -r 13-III ae •�G �ro¢•n x....aa, s+co wvG¢wA+„- 17 I�, 1z 6J 6i 'PPD -IL, 2Ew0 VE �FfaA 7 .. Y "1 9 ✓1 „ ¢E.'-�G ZLrP ._ ,+aw.+..�. L-. GRai,�•c:. `sfD¢r+ i u�L � E 3C d_Dv 2� T 6Ev�,E ry > > .i --c.- ...•'v ���'� I ¢z�.�L ...-,a.n-=[:we.¢ 5 9 18- i i ¢e -.� ¢ao , •y zs�AINCORPORATED FLI _. �T •+HT.'>y- G-u[. Ea�TW+-���- a .:.N-`ll 2G+YJ •'E✓ WM,�,.1 •�C+/C4 4rG 14 ^I' .91 RGvr-iL E+"":✓ r � ¢r.i:SL - `.4 it � MAnNI. NUN•PCu D-348I I p 21 :, ¢g.,,SG a�lN•0f'1 ,.-'C �Qr..JrJr c.cv---, P:o o,t ...w,r�'�'s'�tt ar.... oor Lc..-1....r.� I'j B 2h1 �I qp �ccurr�`.. - c.,c :r «1¢-�c,:.i�.L ENGNEEAING �No oE�NNINc sEn.+rss N0. DATE DESCRIPTION N0. DA iE DESCRIPTION I NO. I DATE DESCRIPTION WILLISTON VERMONT111 2 - 16 NO. RIM /NV. COMMENT DI 1 20L 1 194.5 DI 2 201.1 196.1 Dl3 200.5 1955 DI 4 201.0 196.0 Of 5 195.6 190.6 _ 016 195.E 190.1 DI 7 186.9 181.9 DI 8 /86.9 181.0 -. DI 9 190.7 185.7 DI 10 188.5 1183.5 DI 11 187.9 182.9 DI 12 187.9 182.0 D/ IJ 185.7 780.7 DI 14 183.0 177.0 Dl 15 182.5 176.5 DI 16 2o0 5 194.0 DI 17 200.5 1 195.5 DI 18 2o0.5 194.5 D/ 19 1898 1848 DI 20 188.0 183.0 DI 21 2010 1955. DI 22 201.0 1950. DI 23 Rol.0 1945 D124 Z50.5 193.5 DI 25 191.0 186.0 DI 48 /83.7 180.0 MI, 1 207.8 MH 7 187.1 190.1 INv 6 SERVICE 192.1 MH J 168.9 162.0 SJMH2T 196.0 190.0 O1 26 186.E 1 I82.0 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 January 17, 1992 Greg Rabideau Larkin Realty 410 Shelburne Road South Burlington, Vermont 05403 Re: L&M Park, Restaurant/Retail Amendment Dear Mr. Rabideau: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project. from City Engineer Bill Szymanski, Fire Chief Goddett.e and myself. Any response to these comments either with additional information or revised plans should be made no later than Monday, January 27, 1992. It you have any questions, please give me a ca!i. Sincerely, Raymond J. Belair, Zoning and Planning Assistant. Encls RJB/mcp CC: john La-r];in Gerald Milc�t Lance Llewellyn M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: February 4, 1992 agenda Date: January 14, 1992 ERDMAN SUBDIVISION. SWIFT STREET 1. The width of Swift rights -of -way is 49.5 feet. The planned r.o.w. for this street is 66 feet. A commitment for the addi- tional 8.25 feet should be obtained from this subdivider. 2. The proposed curb cut is in an area where sight distance and visibility especially to the east is poor. It is on a Swift Street steep grade which will create problems for making left turns when street conditions are less than perfect. Access to the proposed lot should be through the existing lot curb cut. INVESTORS MANAGEMENT CORPORATION, TEMPORARY DRIVE CORPORATE WAY Plan dated 6/22/90 prepared by Butler association is acceptable. L&M PARK.-,-SHELBURNE ROAD 1. The under cover parking will be attractive to shoppers. Most traffic will have to make a 180 degree turn to get to this park- ing area with the entrance so close to the building it may cause congestion in this area. Perhaps an exit drive at the other end of the parking area should be considered. The entrance shown will be an entrance only. 2 Plans dated June 1990 with revisions • prepared by Fit.zpatri.ck-Llwellyn are acceptable. f -65vutl N urlingtvn Ntre Department 575 Dorset street h� f� twtli iburtinkilun, bermont li-i ll (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: FEBRUARY 4,1992 AGENDA ITEMS DATE: THURSDAY JANUARY 16,1992 1. CORPORATE WAY TEMPORARY DRIVE PLANS REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE TEMPORARY DRIVE TO CORPORATE WAY FROM 100 DORSET STREET AND RAMADA INN. 2. ROBERT ERDMANN 200 SWIFT STREET PLANS WERE REVIEWED ON THE TWO LOT SUB-DIVISON FOR MR. ERDMANNS PROPERTY AND I DO NOT SEE A PROBLEM AT THIS TIME FOR EMERGENCY SERVICE. 3. L&M PARK PROJECT # 88047 RESTAURANT AND RETAIL BUILDING PLANS HAVE BEEN REVIEWED AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY PROTECTION BUT, SINCE THE THEATER HAS BEEN BUILT THERE IS A PROBLEM WITH PARKING FROM THE APARTMENTS ON BOTH SIDES OF FAYETTE ROAD WHICH LOOKS LIKE THERE IS NOT SUFFICIENT PARKING AT THE APARTMENT COMPLEX WHICH SHOULD BE ADDRESSED. PUBLIC HEARA9 SOUTH 8URLINGTDN PLANNING COMMISSIDN The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 4, 1992 at 7:30 P.M. to consider the following: 1> Revised final plat application of John Larkin and Gerald Milot for construction of a planned commercial development con- sisting of 150 multi -family residential units, a 60-room hotel, 20,000 square foot movie theater (1000 seats), a 25,000 square foot retail building, and a 3,600 square foot fast food restau- rant with drive through window, on a 33 acre parcel located on Shelburne Road. The parcel is bounded by Merrihew, c/o Pomerleau Real Estate, Pizzagalli Construction, Thomas Farrell, State of Vermont and Shelburne Road. 2> Preliminary and final plat applications of L&M Partnership for subdivision of a 127.4 acre parcel into two (2) parcels of 66.7 acres and 60.7 acres, Spear Street. The parcel is bounded by M. Dencker, B. Farrell, I.Isham, Economou Farms, Inc., J. Scanlon, R. Unsworth, W. Ready, Ibis Corporation, J. Chiu, A. Boyd, D. Meredith, A. Atkins, and M. Underwood. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission January 18, 1992 Memorandum - Planning November 19, 1991 agenda items November 15, 1991 Page 3 with the AOT. A special conditioned attached to the AOT permit includes the following: "In the event that traffic from this access increases to the point where additional lanes for turning or any other modifications are necessary, the expense of such improvements or facilities shall be borne by the Permit Holder, his/her successors, and assigns. The determination of need for such measures is the responsibility of the Agency of Transporta- tion and will be based upon and justified by standard Agency procedures. The Permit Holder will provide the :Agency with traffic estimates and actual counts for each significant increase in the size of the development. Signals will not be permitted to operate until sufficient warrants, as determined by the Agency are met." In terms of signal optimization and synchronization, the AOT is not requiring the applicant to resynchronize the lights on Route 7. When the warrants are met, the applicant will be required to synchronize all lights. Enclosed is a letter from Resource Systems Group which also indicates that the lights do not need to be resynchronized at this time. Staff recommends that the Commission approve the request. Sig- nals should not be installed if warrants are not met. According to the signal warrant analysis, a signal will not be warranted until 150 vehicles are exiting the project roadway during the P.M. peak. It is estimated that Larkin -Terrace and the new theater will generate approximately 80 exiting vehicles during the peak hour. The approval motion should require applicant to monitor traffic counts and install signal when warrants are met. At time of installation, all signal shall be synchronized. 5) L&M PARK = RESTAURANT/RETAIL AMENDMENT - SKETCH PLAN This amendment consists of reducing the size of the retail build- ing from 40,000 square feet to 20,800 square feet, adding 40 motel units to the second floor, moving this building to the west and adding a 5,000 square foot fast food restaurant with drive through adjacent to and fronting Shelburne Road. Access: Access to the project from Shelburne Road has not changed. Neither has the access points changed on Fayette Road. Direct access to the restaurant and retail/motel building will be within the parking area. 3 Memorandum - Planning November 19, 1991 agenda items November 15, 1991 Page 4 Parking/Circulation: The commercial portion of this development excluding the new retail/motel building requires 508 spaces by standard. The plan shows a total of 423 parking spaces including 11 handicapped spaces. There is an opportunity for shared parking with the mix of uses proposed. Hotel and movie parking demand tend to peak later in the evening than fast food restau- rant. The applicant should present evidence prior to final plat which indicates that the proposed 423 parking spaces will ade- quately serve the theater, existing hotel and fast food restau- rant. The addition of the retail/motel building will require 669 total parking spaces for the commercial portion. The City and applicant should determine whether an additional retail/motel building is realistic in light of the City's parking require- ments. Circulation is adequate. Landscaping: Landscaping information not submitted. Must be submitted for final plat. Coverage/Setbacks: The existing approved plan meets setback and front yard coverage requirements along Shelburne Road. The existing plan does not meet setback and coverage requirements along the new Fayette Road. The Planning Commission used its authority under PCD review to waive the setback and coverage requirements along Fayette Road due to the developments' original concept of pushing buildings up toward the road and hiding park- ing behind the buildings. The proposed plan meets setback requirements from Shelburne Road, however, it now violates front yard coverage. The plan continues to not meet front yard setback and coverage requirements along Fayette Road. With each revision being submitted, the plan is moving closer to a typical strip development character with buildings setback and parking and paving fronting the public roadway. Staff recommends that the Planning Commission not waive the front yard coverage requirement along Shelburne Road. Sewer: An additional sewer allocation of 67,800 gpd is now re- quired. The previous allocation approved was 58,060 gpd. Traffic: A trip generation assessment shall be submitted prior to final plat to make sure the development fits within the trip cap. 4 Memorandum - Planning Novmeber 19, 1991 agenda items November 15, 1991 Page 5 Other: Prior to final plat submission, the applicant should indicate exactly what is to be constructed with each phase of development. For example, during this phase what is to be done with the land designated for a future retail/motel building? I assume it will remain green space. Also, are all 423 parking spaces to be constructed now, or only a portion? Staf Recommendation: It is staff's recommendation that this application be denied as it does not comply with the :Comprehen- sive Plan as required by Section 19.151(m) of zoning regulations and Section 505 of subdivision regulations, and does not further the Purpose Statement for PCD's (Section 11.50) which stresses "innovation of design." The plan proposes a small building surrounded by parking fronting Shelburne Road. This type of design represents typical auto - oriented strip development which the City is trying to get away from. This concept is not in keeping with recommendation #5 in Chapter IX of the 1991 Comprehensive Plan which states that "in reviewing and approving developments, especially along ... Route 7 ... the City should require [locating] parking to the rear of buildings wherever possible." Recommendation 3(d) of Chapter X states that "The City and CCTA should ... encourage the implemen- tation of improvements to make ... Shelburne [Road] more "transit friendly." CCTA director, Cathy Debo, has testified on a number of occasions to the benefit of moving structures closer to Shel- burne Road instead of parking lots along Shelburne Road, as a means of making Shelburne Road more transit friendly. Section 11.50 of the zoning regulations states that PCD's are permitted in order to encourage innovation in design and layout. The existing approved plan shows a retail building fronting Shelburne Road and fronting the first 200 feet of Fayette Road. Parking is hidden behind the retail building and the existing Larkin Terrace building. This concept represents an "innovative" design which works to discourage the strip development character of Shelburne Road and therefore complies with the Comprehensive Plan. The new plan, on the other hand, promotes the strip devel- opment character of Shelburne Road. The design concept of the existing approved plan should be maintained. 5 I i I 1 I I N/F SOUTH BURLINGTON `--- CHRYSLER PLYMOUTH I 1 LIGHTING NOTES PARKING AND STREET LIGHTING TO BE GARDCO FORM TEN SYSTEM, EH ARM MOUNTED 19• 1 RECTILINEAR SHARP CUT-OFF LUMINARIRE, __-_- I TYPE III REFLECTOR, 120 VOLT, 250 WATT HIGH PRESSURE SODIUM LAMP, 20' MOUNTING HEIGHT ON SQUARE STEEL POLE WITH BLACK PAINTED FIMI SH _. / Ajdm) TYOICAL DECIDUOUS TREE PLANTING DETAIL .-g,wri �Fnu fFat.>ti wMYv rrfr•I•-P I � � TYPICAL SHRUB PLANTING DETAIL J u � A w ' ICJ In lie• f��� I— .1����� i i oft C` WA D MI1,21 it BALOWIN AVE. NOTES IT PLANT LIST rIA - PLANT LIST l CdET 141 sC1ENTIEIC NAME COMNON NAME 11 CE , pEMAjt� AA 91 ACac cubrue October Glory 'Octobar Glory' wad _PI. 2 1/2"-3• cal. BR FG 1 rag— g-ndllolla —ill, Doom 2 1/2"-3" eel. BB cr 22 Glwltaln erise•ntno. snaea w.car '9NEa water• Nonay wcYa 2 112 -3" cal. Rb MD 8 mi.. 'welanc• !•malt Cr.bapplle 1 1/2• to 1 3/a^ cal., en I N2 14 wIY. •laal Calocarlr' iDal Crabapple 1 112• to i 1 3/a c•1. all PN 12 Pi....1w. AYatrlan Pine a-T' neigh[ K i li OP 51 QYarTIa gle.t[la Pin bet 2 1/2-3" cal. ex I SA 7 Sall, alb. 'Tried." GD1Gan Neapllq I will= 1 3/4•-2" cal. st ocs 300 Decid.— . avary[aen snewba 2-4' bolgbt Gant I. ALL RAM, M MIAL TD E FREE K DIEAE. IrE51AtIOR d aNrE. z. PRICED M LKAIIEAC,pIv FUWI MTm1Al ro E REPLAoeD u r ever to TIE Draw. f. a1 RANI MTFAIAIG TD E a1WYWI.. Ann MIRI.IIED AT AN AC[EPTAEI OMLIIy M YE fYLL vLM AIO GIBJEClEO ID fPPIIPYII a LMID6VFE AnpIllFLi. '. I.OpEO 0.Yilri [ODITIP6 AE ILLI6TMIED d MI6 LA.arF[:YE EIAIL 9EEl. RFEA 10 IMIVIDWL ETAIIG Fd af£CIf IC 0.MTIN6 Ea1.pEArs. 6. L —Ion iD 0.RFDrED OURIIG —. no FaLL 0.AMING G[R6GI d ."I MwgVAL OF IAaER d IMOEGIPE pCw,1— •. Cd1RACTd BYLL PIWIE WOLATE MTERr6 1. MINIRIM xFAtiM 6 MIERIAL I1aGUBx PMIIMG EATY,. MD AG FIYwMIffED. T. ALL rFa 10 E Ix ACCDTnANLE�Iix nNERIGx AFGOCIAiId 6 NIl6CRntlx�I 61pADnp6 fd 1EA AL6 fIe Ir,lAlLlld. �alLesy 6 lee 1REE AM UNIB RANI,na I. Ill DECIDBDIF TEES TD E —90 ,Tat NRAFPED. I.NPiFD Id CdIAlERI2EDl. fuTILIED. NAGEo, a1AYE0 rN MrtRED IN AQ'O.IMEE Y, lx AFL[ITFD IMplGlav 6TpIpWK IAMI. !. LyMIAlER131 d 'a I a' ti/no TD E PIAINED. fERIILiFFD. AID IUCrD. 1. fKNG M0 LSPi106 PF 9oFI d DIIIWIMG MO 51�JEC1 TD FIELD AIPPpNL av ANDE.vc ARo,i IE[l. FERTILILFR fd TR[FL A,n 6,m..6 t0 E MILDIfArirt no EINI—,p RLCON,Or6 ,D NNAfRLIIMP'a /ECIFIUl1�6. a NEK, V Ef. roEa;: T iDPaG,L AND 1 FAR "L d 61rt. wwllM MIF DxfLL E ININ6 IeDD pIM MLLd ro A EfM OF !• ..Y A•ua0 naeN 1. t CEAEaR • GMEER Fd MIEIII W. JAN 14 199 Z.DINa S ESIWMTFD AEAs ' 1. Es14Prt0 AIEA$ sxAu E -Tr —1 E of or nE FRLml6, As Arw®Rurt, b pNETGId1D FE6ElE !o urr► ��"D' I^ _ RAi ILFLFL 9YM� EFD LK.IA� antY aRAE PFEPIfC60E [0 coI-1K .0 RVF fEEI.110. d EDTOPI s O `� 1Y ILL —1 SEEDED MEn6 9nLL 1MVE IEl[N W'Ft 1. Al TIE MTE DF 1.6 - I lbl5 RP lE laal• 9TMY ca WDDMIRI. -11 d DMR EPYIL , Ilon .1 WIER My EADDE IE1l.Y-FV1LsFED d �t $xMll E IAED rEE Yi TO BE ILL2>t. NETilri DYLL E AAEO 11E BRUM IN CDNti'/nIFE YITN TIE Gl MMfACIIIEA'G EEMEIeAild. GRAPHIC SCALE ( IN FEET ) I bmb - 40 tt + I I IT IS THE USERS RESPONSIBILITY TO ENSURE THESE DRAWINGS INCLUDE THE LATEST REVISIONS. j PRELIMINARY PLAT - I ACT 250 AMENDMENT nNAL PLAT CONSTRUCTION SOLID BOX INDICATS APPROVALS STAGE NE DESIGN 15 CURRENTLY IN • ' i L & M PARK SOUTH BURLINGMI 1'ER.V111I D LANDSCAPE PLAN NOTE, LANDSCAPING (LAYOUT IS SCHEMATIC ONLY FINAL ADJUSTMENTS TO THE SITE LAYOUT MAY REQUIRE REVISIONS TO THE PERIMETER PROPERTY LINE LANDSCAPE PLAN. PROPOSED LIGHTING LOCATION �NEV= D,sPeE99ED OUK& LLEVELLIfM INCORPORATED ExaNEEDIHc AND PLAN— .1—D WILLISTON VERMONT JUNE'1990 DRAaN.. Ft - 92 °A+D 3267 r�,;,.n:---I-W •- =-_ - _ w+�" ra a' IB NO. REVISIONS DATE City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 November 15, 1991 Mr. Greg Rabideau Larkin Realty 410 Shelburne Road South Burlington, Vermont 05403 Re: L&M Park, Restaurant Amendment Dear Mr. Rabideau: ZONING ADMINISTRATOR 658-7958 Enclosed is an agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Goddette and myself. Please be sure someone is present on Tuesday, November 19, 1991 at 7:30 P.M. to present your request. If you have any questions, please give me a call. S nce el , 4 ' e Weith, ity Planner Encls JW/mcp cc: Gerald Milot John Larkin � � m ' l�rxx — ���/�Fsz Ej/73 3.; 3 x /1�1;/u/Z y N 7o74 �Do-- -Y�,o /- -t� 0." IAe -/- — CAP- NIF SOUTH BURLINGTON 1 � CHRYSLER PLYAIOU7N� _T • I � t Oi it �� is p 9 d� �g I I I I Z r, L•I2.91 Aoo r+OLA•7'vw+ .w.vts>, atatiLa. IZ 7 ;I 91 ■sN�ee ¢AVBS ; noo eTaUc7uaa TAeLG O [. �iql aL•A4L cwA.Aca[.VL-/ asTh l-, 000 �ura.Ie¢ A..�o , 1 -1.1391 OX/✓aG SfOa.A x...Ita( Aoo u�o Wc.���+5 w 9H•11 roo aovwey io �.w"I 'w+-+L sf+Ta,L. waw..c+ wfl aa.o„�•, .s(oa,-, � szs•91 l0�.-w.T u•Ai'7 N a27.91 as.n7G "AIv�.•I +ewsi s 9/A�11 a4/"s6 K. �TW+►� O.I.- bR1Oa-1C.s 6 4JA91 s{ .IpvsvV� WtrrAflue{ �s' •orLlw�[4 y.....oG i 2 27"II 040-­, P.q+s.r! W-r, M.Ow6W(a-o►TJI, pOo+ 4. 7 -.0-11 �'b y�apaP'Ga ��. ppci. (ktin�+gy�� N0. DATE DESCRIPTION NO. DATE DESCRIPTION Ica M�.iy L TABLE OF STRUCTURES Na RIM I /NV. I COVAIfNT Of 1 201.1 1 194.5 DI 2 201.1 196.1 01 3 200.5 195.5 Of 4 20I.0 196.0 Ol 5 195.6 190.6 01 6 195.6 190.1 DI 7 186.9 181.9 DI a Ie6.9 181.0 9 190.7 185.7 DI IO 188.5 183.5 Of 11 1879 182.9 01 12 1879 182.0 Of 13 185.7 180.7 OI 14 183..0 1770 Of 15 182.5 176.5 Of 16 200.5 1960 Dl 17 200.3 191.E D1 IS 2003. 195.5 01 21 2010 195.E DI 22 200.5 196.0 Of 23 200,0 1935 01 24 196.5 191.5 DI 25 193.9 186.6 Of 48 IeS.T ISO .O MN I 201.8 191e MH 2 197.1 190.1 INN 6 SERVICE /92.1 MH 3 188.9 1820 caeca wwrc. 7 / n' vec:ccLre� so¢ppr� M.YG� Occ� S ���t �•�tsL (c`T CMG. -±._Pam L-•<A � cR- to..G.. T 7o Os 'ro/If. PARKING LOT DETAIL` SHOWING UNDERDRAIN des' coffin •-r.Wsv�',�� Q Gpcis�TJ '+ i I � I I (a.Kanufoa- 7o u7io.� REFERENCE PLANS Aa.•�"fa i��..o apu-+oO"A� PIC*,oL `11 1. FOR ALL PROPERTY LINE AND RIGHT -OF -NAY INFORMATION SEE PLAN ENTITLED "L SUBDIVISION PLAN IN. �I ,ra'y�"�,y"'..,��`Z:"' e M PAR[ - PROPOSED BY FITZPATRICi-LLENELLYN INCORPORATED � i DRAWING NUMBER D-3726, DATED DEC. 1990 • '-.,,,. I i I lr:'A + ' "7 '-'bT���' �E S 2. FOR DETAIL OF SHELBURNE ROAD (RTE. 7), "L To.+s e•AAy �L�o`i(•�"'s. SEE 6 M PAR[, TRAFFIC SIGNAL PLANS yi • AND DETAILS", D-3978, D-3979, D4031-04035 BY FITLPATRIC[-LLEYFII.YN INCORPORATED c. I i i LEGEND �• PERIMETER PROPERTY LONE •-N •• RIGHT -OF -WA Y/EASEMENT LINE 1 ----------- ._._.----------------- SETBACK LINE 1 1 - - - - - - -Ir- - - - - EXISRNG CONTOUR O PROPOSED CONTOUR - - - - - -/27- -L i - - EXOS RNG SANITARY 5EN£RAANHOLE '\ b IS PROPOSED SANITARY SENERIMANHOLE -II'Ir- - - - - EXISTING WATER LINE ---I'• r PROPOSED WATER LINEIVALVE/HYDRANT - ACINTOSH VE A, PROPOSED STORM SEMERIINLET IFAYETTr �� PROPOSED UNDERDRAIN EM PROPOSED SANITARY FORCE MAIN -Av 1_p ' 1 O I wrw.nvL Ia' w..lG REC RIP PROPOSED CURB E1 N�IF FARRELL �S 9-le''II a•vnL aAA.I F1.✓8" AT s^'Tw.'ct, of s IA '1� rf I apdw�r�4�(�L ,+ybaa• ,r ­ ��! 6.21 ^II pl •9G0i.� �aL..X-n0w•'O./L NO. DATE DESCRIPTION Or. I It 6 - o, Nov 15 1991 n f So• M I) GRAPHIC SCALE City of ,Bur nglon, I IN►wI I huh . .• R "R IT IS THE USERS RESPONSIBILITY TO ENSURE THESE DRAWINGS INCLUDE THE LA7ESTRENSIONS. PREUAIINARY PUT ACT ?50 AMENDMENT FINAL PLAT CONS7RUC7ION ��...� SIX10 BOX waCAICS A OVALS SLICE IW OCY(W IS CO@RENAI IM. o'rS'u"L'"Y•"T L & M PARK Rravr SITE & UTILITIES PLAN Fo��pa�ao�a� eeort7. JUNf I990 INCORPORATED F ___ 1.v'cu•.c raA.+.+.c su..as M481 VALLISTON �. VERMONT 2 a' 16 MEMQRANDUM To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: November 19, 1991 agenda items Date: November 14, 1991 2) HERTZ - BURLINGTON AIRPORT DRIVE A 3 or 4 foot planter adjacent to the addition would do a lot for the site. Plans received 11/12/91 are O.K. 3) UNIVERSITY MALL. DORSET STREET 1. Work adjacent to Dorset Street must be coordinated with the street improvements. 2. Curbing should be concrete not asphalt. 3. Site plans No. 1 and 2 prepared by Pinkham Engineering dated 1/15/90 are acceptable. 5) L&M PARK, SHELBURNE ROAD 1. A drive through service restaurant on Williston Road was turned down several years ago due to the high volume of traffic generated. The same should apply to Shelburne Road. 2. The approved plans showed a building on the setback line on Shelburne Road and the areas within the setback as a lawn area. That was a better plan. The new plan has parking within this area. TO: FROM: RE: DATE: 1. 2. 3. 4. nuts urltngtnn +, ire Department 575 Dorset street �'vtttb Nurlington. Ifermont 054113 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY NOVEMBER 19,1991 AGENDA ITEMS THURSDAY NOVEMBER 14,1991 U-MALL REV. CIRC. PATTERN SOUTH EAST OF STEINBECK PLANS REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I FEEL THE THE CONCEPT IS GOOD BUT IT SHOULD BE DESIGNED TO ALLOW EMERGENCY EQUIPMENT TO TURN LEFT TO GET BETTER ACCESS IN FRONT OF STEINBECK. PROPOSED OFFICE BUILDING 20 FARRELL ROAD PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT HAVE A PROBLEM IF THE PROJECT IS APPROVED. HERTZ RENT A CAR ADDITION BURLINGTON INTERNATIONAL AIRPORT. 4 1 (802) 658-7960 AT THIS TIME WE HAVE A PROBLEM WITH THE HYDRANT AND WATER SYSTEM WHICH THE AIR GUARD FIRE DEPARTMENT IS TRYING TO GET CORRECTED. THE WATER SYSTEM SHOULD BE CORRECTED AS WELL AS ONE HYDRANT INSTALLED INSIDE THE GATE ON THE RUNWAY SIDE. L&M PARK PROJECT # 88047 RETAIL/MOTEL RESTAURANT PLANS HAVE BEENREVIEWED AND AT THIS TIME THE ONLY CONCERN I HAVE AT THIS TIME IS THE ACCESS IN AND AROUND THE RESTAURANT COULD BE A PROBLEM WITH THE ONE ENTRANCE/EXIT FOR EMERGENCY EQUIPMENT. r�-To " :� 113 x /8 -- 3,12 K ysjo�t c�vP = 3&7% No Text -�� %'„off —,�J4:�ezl �d;�,t-rNP /-i)-9/ Neti3O( /er�� �/" — /0�0 o?'A 4)6 7-8 v 2,�9= // Asa 7 Resource Systems Group TEL No .802b49t)6el I:n V� , t ro r Fj. MEMORANDUM TO: Joe Weith, City Manner FROM. Lucy Gibson, Resource Systems Group Itl?S0111 C1 RE: L&M Park Trip Generation Sl'S I'I'.rV ti DATE: June25,1991 t. R0111, The plans for L&M Park have been revised since our last traffic impact study, so we have prepared the following to show the projected new trip generation from the project. ti""I' PROJECT DESCRIPTION t' i) hug 1 104 N!?r%s J,-I:, The current plans for L&M Park include a 1,000 seat theater,150 new units of housing, and 40,000 square feet of retail space. In our previous report, it was t(rr) planned that 27 of the existing hotel/efficiency apartment units would IV t A\ ,A,_ •G t , ; s; t demolished, so we assumed a net Increase of 123 housing units. Now, all but 6 or 7 of the hotel units will remain on the site, so it is assumed that there will be a ! net increase of 150 housing units. The trip generation characteristics from each component are described separately below. t,irn.iF+,�h I MOVIE 7`11EATEK 7-RIP CENERATION c �,i�,: �. ❑: �: Table 1 shows the various PM peak hour trip generation rates for movlc t. t t.+t -W., theaters, projected for a 1000 seat theater. TABLE 1: MOVIE THEATRE TRIP GENERATION Rate RSG Count, October,1990 37 RSG Count, June,1991 60 Movie Theater without Matinee 260 Movie Theater with Matinee 60 Source Lebanon, NI -I Super Six Cinema Lebanon, NH Super Six Cinema JTE Trill Generalion, 5t1' edition ITL' Trip Generation, 511' edition The Resource Systems Group counts were conducted at an 880 seat, six screen theater in Lebanon, New Hampshire. This theater is very successful, and is the only large cinema for the Lebanon/White River/Hanover area. During both counts, popular movies were being shown, including "Goodfeliati' in October, the Academy Award Best Picture; and "Robin I load" and several other new sunnier releases in the June count. 'lie June count should reflect peak condition~, as all schools in the area were out for the summer at the time of the count. I\C .�UTAI L.0 .,>7a Lclll.D UI Uu1" IGL IVU GVLV�I y_i .Jf 1 jun.t7,yi e.u6 J. WIETH, June 25, 1991 Page 2, During the counts, the movie theatre Schedule had all six theaters starting shows between 4:50 and 5:30, with the 3:00 to 3:30 shows ending. An average of the above counts and ITE rates yields a trip generation rate of 104 PM peak hour trips from a 1000 scat theater. RESIDENTIAL TRIP GENERATION The new ITE trip generation manual has several land use codes that may be used to determine the trips generated by the residential component of L&M Park. Table 2 shows each land use code, projected to 150 residential dwelling units. The Residential Planned Unit Development (Code 270) may not be appropriate to this project, as the ITF. manual recommends using other more Specific land use codas if the number and type of dwelling units are known. Also, most of the units studied in the ITE manual were much larger developments. However, it is included as it otherwise fits the description of the L&M Park residential component. ITE'Land Use Tie Trips Residential Condominium/Townhouse (Code 230) 87 Apartment (Code 220) 93 Residential Planned Unit Development (Code 270) 116 The average of the three above numLwers is 99, which is usW below to estimate the trips generated by the residential portion of L&M Park. RE'7 AIL i3ecause little is Known about the exact nature of the retail use that may occupy L&M Park, the Shopping Center (Code 82t)) for projects under 600,000 square feet was used to estimate the number of retail trip, from I.&M Park, resulting 1n 3661'M peak hour trips from, 40,000 square feet of retail space. I C Uui ce yetefi-is l)[ UUtN ItL 111U.oVL VN JJJI 1 -_ J. WIE'rm June 25,1991 Page 3 OVERALL MP GENERATION Table 3 shows the trip generation from each component of L&M Park, - which were derived as described above. TABLE 3: L.&M PARK TRIP GENERATION Land Uie # Units PM peak hour trIpsY Residential 150 dwellings 99 Movie Theater 1000 seats 104 Retall40,000 square feet 366 TOTAL 569 71us total number of trips is well within the allowed 623 PM peak hour trips that have been approved for L&M Park. //-/� , �/ oeills �d X �S ,� /fii Jr�� � /yo 0 S --4-- f-4t1v Pt�l ot, x 0-7 n