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BATCH - Supplemental - 1175 Shelburne Road (3)
LARKIN REALTY 410 Shelburne Road, South Burlington, VT 05403 • 864 7444 February 22, 1996 Ray Belair City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Dear Ray, In response to your letter of January 31, 1996, I have spoken with the manager at Hoyt's Cinema 9 (Greg) and he has ordered the signs but, we request holding off installation until the frost is gone. In the meantime, Greg is policing the front. Very truly yours, i John Larkin Cc. NIT- O OL'Ma Hoyts Cinemas Corporation February 9, 1996 Mr. Gerald Milot L & M Partnership 410 Shelburne Rd. South Burlington, VT 05403 RE: Parking Dear Gerald, I am concerned about tree continued parking situation at the Cinema 9; especially since the attached letter notes the violation. parking signs will help, but the bigger issue is "Do we have Obviously the suggestion to put no adequate parking for the facility?" Please advise me of your thoughts. regards, Haroldlank `� Senior Vice President cc= Dan Viei.ra Kathy Santora P.S. All season passes were sent to Merrill. He'll distribute. One E,ceter Plaza, Boston, Massachusetts 02116-2836 Facsimile (617) 262-0707 Telephone (6? 7) 267-2700 TOTAL P - 01 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 January 31, 1996 John Larkin & Gerald Milot L&M Partnership 410 Shelburne Road South Burlington, Vermont 05403 Re: Illegal Parking, Cinema 9, 10 Fayette Road Dear Messrs. Larkin and Milot: ZONING ADMINISTRATOR 658-7958 This office has received a complaint that movie patrons are parking illegally along both sides of the access drive to the Cinema 9 parking area. Staff has also observed this situation. As I am sure you are aware, parking was not approved along the access drive. Parking in these areas is a violation of the City's approval for the theater building. The Fire Chief has indicated that this situation also creates a problem for emergency vehicles due to the narrowing of the access drive. Therefore, you are requested to prevent cars from parking illegally by either installing "No Parking" signs or have a theater employee monitor the area and request that patrons park only in designated areas. We will continue to monitor the situation and will contact you again if this situation does not improve. If you have any questions, please give me a call. Sincerely, 9 Raymond J. Belair, Zoning and Planning Assistant RJB/mcp 1 Encl cc: Manager, Cinema 9 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 22, 1994 Merrill Jarvis 1212 Williston Road South Burlington, Vermont 05403 Re: Parking @ Cinema 9, Fayette Road Dear Mr. Jarvis: 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 between Larkin Terrace and the theater. 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 theater for your use only. These spaces must be shared with your neighbors in the development. The Planning (�Ommission understood that residents of Larkin Terrace would use this parking area to satisfy their parking requirements. T�k you for your anticipated cooperation in this matter. Should Yo have any questions, please give me a call. Sincemsely, c� R ym nd J. Belair, Zoning and Planning Assistant RJB/mc cc: icarkin CHAR ES T. SHEA SCEPHEN R. CRAMPTON SfEWART H. MCCONAUGHY ROBERT B. HEMLEY WILIIAM G. POST. JR. CRAIG WEATHERLY JAMES E. KNAPP JOHN R. PONSETTo DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEiLL NoRMAN Wuiws MARGARET L. MONTGoMERY Lucy T. BROWN GLORIA J. LAPLANTE Steve Stitzel, Esq. Stitzel & Page, PC 171 Battery Street, 2nd Floor Burlington, VT 05401 Dear Steve: GRAVEL AND SHEA ATTORNEYS AT LAW 76 ST. PAUL STREET POST OFFICE BOX 369 BURLINGTON, VERMONT 05402-0369 April 9, 1992 AREA CODE 802 TELEPHONE 658-0220 FAX 658-1456 CLARKE A. GRAVEL COUNSEL Pursuant to our meeting on Wednesday morning, I believe we reached agreement 0 as follows: 1. That the Offer of Irrevocable Dedication and its Exhibits A, A-1, A-2, and A-3 are acceptable as originally presented. 2. You will review the mortgage deed implications with the City and assuming the City desires to accept the mortgage, have found the mortgage deed tendered to be acceptable. 3. You will forward a copy of the warranty deed to the State of Vermont to John Dunlevy, Esq. at the Vermont Agency of Transportation to gain his concurrence with your acceptance of the deed as submitted. 4. I enclose a copy of the deed from Mr. Farrell conveying the odd -shaped, small spring lot parcel. 5. Be advised that the agreement between Gerry, John, and Mr. Farrell for Mr. Farrell to continue his landscaping and improvements on the narrow sliver of land adjacent to the common boundary of the parties which lies westerly of the 60 foot roadway on the plan is verbal. I suspect at some point it will be put into writing, but the granting of those rights to Mr. Farrell do not impact the Project and should be of no concern to the City. 6. For your information, I enclose a revised Agreement between Vermont National Bank, Fayette, Larkin, and Milot. I will provide you with a final copy when agreement is reached. GRAVEL AND SHEA Steve Stitzel, Esq. April 9, 1992 Page 2 7. As you requested, I enclose proposed waiver agreements concerning the storm water system and private roads serving the residential portion of the Project. Please review the enclosed documentation, and let me know at your early convenience that everything is in order so we may close this matter. If you have any questions, please give me a call. Cordially, GRA LAND SHEA Stephen R. Crampton SRC:wba Enclosures cc: Mr. Gerald C. Milot Joe Wythe, City Planner SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That THOMAS A. FARRELL, of Charlotte, County of Chittenden and State of Vermont, Grantor, in consideration of Ten and More Dollars, paid to his full satisfaction by GERALD C. MILOT of Hillsboro Beach, County of Broward and State of Florida, and JOHN P. LARKIN, of Burlington, County of Chittenden and State of Vermont, d/b/a L & M Partnership, Grantees, by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantees, GERALD C. MILOT and JOHN P. LARKIN d/b/a L & M Partnership, and their successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden and State of Vermont (the 'Premises"), described as follows, viz: A parcel of land with all improvements thereon and appurtenances thereto located westerly and to the rear of Shelburne Road being more particularly described as the reservoir and land surrounding it for a distance of ten feet, together with all rights of the Grantor in the right of way, twenty-two feet in width, appurtenant to said reservoir and all rights of the Grantor in the easements for the laying and maintenance of the pipes running from said reservoir to lands of the Grantor, and the property which was reserved to George and Grace Allen in their deed to Thomas Black dated November 12, 1924 of record in the South Burlington Land Records in Book 8 at Page 567. Being a small portion of the lands and premises conveyed to the Grantor by Guardian's Deed of Alice C. Woodbury, Guardian of Edward P. Woodbury dated June 19, 1944 and recorded in the South Burlington, Vermont, Land Records in Volume 18 at Page 156. The Premises are subject to: (1) utility easements and other rights of way, covenants and conditions which are enforceable at law on the date hereof; (2) the provisions of all statutes, ordinances, public and special acts, permits and approvals regulating or affecting the Premises; and, taxes on the Premises assessed on the grand list of April 1, 1991, not delinquent on the date hereof which the Grantees herein assume and agree to pay as part of the consideration for this Deed. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereof, to the said Grantees, GERALD C. MILOT and JOHN P. LARKIN d/b/a L & M Partnership, and their successors and assigns, to their own use and behoof forever; and I, THOMAS A. FARRELL, the said Grantor, for myself and my heirs, executors and administrators, do covenant with the said Grantees, GERALD C. MILOT and JOHN P. LARKIN d/b/a L & M Partnership, and their successors and assigns, that 1, the said Grantor herein, have not made, done, suffered or permitted, any act or thing whereby the Premises or any part thereof now are or hereafter shall or may be imperiled, charged or incumbered in any manner whatsoever, except as aforesaid; and I, the Grantor herein, hereby engage to warrant and defend the title against all lawful claims arising by, through or under me, except as aforesaid, but not against claims or encumbrances arising by, through or under any other person. IN WITNESS WHEREOF, I hereunto set my hand this —?-- day of August, 1991. IN PRESENCE OF: Witness Witness ij 0 STATE OF VERMONT CHITTENDEN COUNTY, SS. Thomas A. Farrell By: David M. Farrell, his attorney -in -fact At .So - ��'��")6'°^J , in said County, this / day of August, 1991, personally appeared THOMAS A. FARRELL, and he acknowledged the within instrument, by him signed, to be his free act and deed. (sy ti q`/ w 4% �"'f;�#.F�'P�� �e- Before me, Notary Public, [FarrSW.rO6] -2- AGREEMENT This Agreement made this _ day of April, 1992 between Vermont National Bank, a national banking association with a place of business in Burlington, County of Chittenden, State of Vermont, ("VNB"), and James J. Fayette of Shelburne, County of Chittenden, State of Vermont, John P. Larkin of Burlington, County of Chittenden, State of Vermont, and Gerald C. Milot of Burlington, County of Chittenden, State of Vermont, d/b/a Larkin Milot Partnership, a Vermont general partnership ("F/L/M"); WHEREAS, VNB owns a parcel of land adjacent to and westerly of US Route 7 in the City of South Burlington, pursuant to a deed of record in Volume 155 at Page 120 of the South Burlington City Land Records, which parcel contains a banking office with drive-in facilities (the "VNB Property"); and WHEREAS, the VNB Property, other than its frontage on US Route 7, is surrounded by property of F/L/M (the "F/L/M Property"); and WHEREAS, F/L/M has received approvals to construct a planned commercial development on the F/L/M Property; and WHEREAS, VNB and F/L/M have worked cooperatively with municipal and state officials to integrate their respective property and development interests, particularly with respect to aligning and coordinating access, traffic circulation, and parking; and WHEREAS, VNB and F/L/M have jointly conveyed a strip of land to the State of Vermont to provide a turning lane to serve their respective properties and the development thereon; and WHEREAS, VNB and F/L/M desire to establish mutual easements for access, parking, and traffic circulation to benefit both the VNB Property and F/L/M Property; and WHEREAS, the existing bank building and revised access, circulation, and parking plan on the VNB Property, and the proposed parking, circulation, access, and buildings on the F/L/M Property are all depicted on a survey entitled "L & M Park: Overall Site Plan" dated June, 1990, last revised March 10, 1992, and recorded or to be recorded in the South Burlington City Land Records (the "Survey"); NOW THEREFORE: FOR CONSIDERATION exchanged and received by each of the parties, VNB and F/L/M hereby agree and convey the following rights and interests: 1. F/L/M hereby grants a right-of-way to VNB over and through the traffic lanes depicted on the Survey and located to the west and south of the VNB Property for use as a means of ingress and egress from the VNB Property to Fayette Road, and over Fayette Road to US Route 7. The right -of --way granted in Fayette Road shall terminate upon the acceptance of Fayette Road as a municipal street. 2. F/L/M further grants VNB an easement for the exclusive use during Bank operating hours of those parking spaces depicted on said Survey which are located adjacent to the westerly and southerly property lines of the VNB property or straddle the westerly or southerly property lines between the VNB property and F/L/M property. In addition, F/L/M grants VNB an easement for shared use of those parking spaces depicted on said Survey which are located adjacent to the northerly property line of the VNB Property. 3. Nothing in this Agreement shall prohibit F/L/M from further developing the F/L/M property as long as the easement rights granted to VNB for ingress and egress in paragraph 1 and to certain parking spaces in paragraph 2 are not interferred with. In particular, future development on the F/L/M Property to the rear of the VNB Property may include realignment of the traffic lanes, as long as a reasonable means of ingress and egress from the VNB Property is maintained. 4. The parties agree that they shall maintain their respective circulation lanes and parking spaces in reasonable repair and shall seek to coordinate ongoing maintenance on both properties, including periodic restriping, snowplowing, and patching and replacement of pavement. 5. VNB and F/L/M shall work cooperatively in any eminent domain proceeding affecting the VNB Property or F/L/M Property to ensure that the purposes, intent, and benefits of this Agreement survive any such taking. 6. Both VNB and F/L/M shall maintain public liability insurance, each of their respective policies insuring both parties against any liability covered by a standard liability insurance policy that may accrue against them or either of them on account of any occurrences in or about the VNB Property or F/L/M Property. Either party may request copies of the other party's liability policies on a reasonable basis. Said insurance policies shall be maintained in the amount of at least One Million Dollars (US $1,000,000.00) with respect to injuries to any one person, Three Million Dollars (US $3,000,000.00) with respect to injuries to more than one person in any one occurrence, and at least One Hundred Thousand Dollars (US $100,000.00) of property liability insurance, said amounts to increase over time in accordance with prudent business practices. 7. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. Dated as of this _ day of April, 1992. IN PRESENCE OF: Witness Witness Witness as to JJF Witness as to JJF Witness as to JPL Witness as to JPL Witness as to GCM Witness as to GCM STATE OF VERMONT CHITTENDEN COUNTY, SS. VERMONT NATIONAL BANK By: Its Duly Authorized Agent James J. Fayette John P. Larkin Gerald C. Milot At Burlington, in said County, this day of April, 1992, personally appeared JAMES J. FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this day of April, 1992, personally appeared JOHN P. LARKIN, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires 2/10/95 -2- STATE OF FLORIDA COUNTY, SS. At Hillsborough Beach in said County, this day of April, 1992, personally appeared GERALD C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this day of April, 1992, personally appeared , duly authorized agent of Vermont National Bank, and _ acknowledged the within instrument, by signed, to be free act and deed, and the free act and deed of Vermont National Bank. [milotagre.b041 Before me, Notary Public -3- My commission expires 2/10/95 PRIVATE ROADWAY AGREEMENT AND WAIVER THIS AGREEMENT by and between James J. Fayette, of Shelburne, County of Chittenden, State of Vermont and John P. Larkin and Gerald C. Milot of Burlington, County of Chittenden, State of Vermont d/b/a Larkin Milot Partnership, a Vermont general partnership ("Owners") and the City of South Burlington, a Vermont municipality located in Chittenden County, State of Vermont (the "City"). WITNESSETH: WHEREAS, The South Burlington City Planning Commission has approved a final subdivision plat entitled "L & M Park: Proposed Subdivision Plan" dated December, 1990, last revised September 5, 1991 and recorded in Plat Volume 286 at Page 1 of the South Burlington City Land Records, (the 'Plat"); and WHEREAS, the residential portion of the subdivision will be served by private roadways to be located as depicted on the Plat (the 'Roadways"); and WHEREAS, the City has approved the subdivision with the Roadways, subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of the conditions to the effect that by granting said approval and otherwise authorizing said residential subdivision, the City has not assumed, but rather has specifically disavowed, any intention or obligation to plow, repair, or otherwise maintain the Roadways or to accept the same as public streets; and WHEREAS, notwithstanding the foregoing, the City wishes to reserve the right to seek dedication of the Roadways and accept the same as public streets; NOW THEREFORE, in consideration of the final approval of the City's Planning Commission and other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners will not apply to the City to have the Roadways accepted as public streets without first complying with all applicable construction requirements and specifications set forth in the then existing zoning regulations, subdivision regulations or other applicable ordinances and bylaws of the City, the expense of complying with said requirements and specifications to be borne solely by the Owners. 2. The Owners waive any rights they may have or claim by virtue of the City's approval of the subdivision to request the City to accept the Roadways as public streets. 3. The Owners will not in the future change the location of the Roadways, nor extend the Roadways without the prior approval of the City's Planning Commission. 4. The Owners hereby waive any rights they now have or may hereafter acquire to look to the City for the plowing, repair or maintenance of the Roadways, and shall plow, repair, and maintain the Roadways at their own expense and keep the same in good order and repair. 5. Nothing contained in this Agreement shall be construed as obligating the Owners to dedicate the Roadways as public streets, and, similarly, nothing contained in this Agreement shall be construed as obligating the City to accept any such proffered dedication. -2- 6. This Agreement may be amended or revoked only with the written consent and approval of both the City and the Owners. 7. This Agreement shall be binding upon the City and its successors or assigns, and shall run with the land comprising the subdivision and be binding upon the Owners and any successors or assigns to the title of the lands comprising the subdivision. Dated this _ day of April, 1992. IN PRESENCE OF: Witness as to JJF Witness as to JJF Witness as to JPL Witness as to JPL Witness as to GCM Witness as to GCM Witness Witness LE -3- James J. Fayette John P. Larkin Gerald C. Milot CITY OF SOUTH BURLINGTON Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this day of April, 1992, personally appeared JAMES J. FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, STATE OF VERMONT CHITTENDEN COUNTY, SS. Notary Public My commission expires 2/10/95 At Burlington, in said County, this day of April, 1992, personally appeared JOHN P. LARKIN, and he acknowledged the within instrument, by him signed, to be his free act and deed. STATE OF FLORIDA Before me, COUNTY, SS. Notary Public My commission expires 2/ 10/95 At Hillsborough Beach in said County, this day of April, 1992, personally appeared GERALD C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires -4- STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of April, 1992, personally appeared , duly authorized agent of the CITY OF SOUTH BURLINGTON, and he/she acknowledged the within instrument, by him/her signed, to be his/her free act and deed, and the free act and deed of the CITY OF SOUTH BURLINGTON. [roadagre.bWj Before me, Notary Public -5- My commission expires 2/10/95 STORM DRAINAGE SYSTEM AGREEMENT AND WAIVER AGREEMENT by and between James J. Fayette, of Shelburne, County of Chittenden, State of Vermont and John P. Larkin and Gerald C. Milot of Burlington, County of Chittenden, State of Vermont d/b/a Larkin Milot Partnership, a Vermont general partnership ("Owners") and the City of South Burlington, a Vermont municipality located in Chittenden County, State of Vermont (the "City"). WITNESSETH: WHEREAS, the City's Planning Commission has approved a final subdivision plat entitled "L & M Park: Overall Site Plan" dated June 1990, last revised July 31, 1991 and recorded in Plat Volume 286 at Page 2 of the South Burlington City Land Records; and WHEREAS, the final approval of the Planning Commission contains a condition that storm water detention ponds, drainage swales, and intake or discharge lines be constructed as depicted on said aforementioned plat; and WHEREAS, the parties desire to record a confirmation of said conditions to the effect that, by granting said approval and otherwise authorizing said project, the City has not assumed but, rather, has specifically disavowed any intention or obligation to repair, maintain, or otherwise care for said stormwater detention ponds, drainage swales, and intake or discharge lines. NOW THEREFORE, in consideration of the final approval of the City's Planning Commission or other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners waive any rights they may have or claim by virtue of the City's approval of said plat to request that the City accept the lands and premises which comprise the stormwater detention ponds, drainage swales, and intake or discharge lines. 2. The Owners hereby waive any rights they or any one of them now has or may hereinafter acquire to seek maintenance and repairs from the City with regard to said stormwater detention ponds, drainage swales, and intake or discharge lines. 3. The Owners shall repair and maintain said stormwater detention ponds, drainage swales, and intake or discharge lines and keep the same in reasonable order and repair. 4. The Owners agree to indemnify and hold the City harmless from any and all damage and injury resulting from the failure to maintain and repair said stormwater detention ponds, drainage swales and intake or discharge lines, and shall keep the same in reasonable order and repair. 5. In the event that the Owners, or the successors or assigns to the ownership of the stormwater detention ponds, drainage swales, and intake or discharge lines, shall fail to repair or maintain said stormwater detention ponds, drainage swales, and intake or discharge lines, and it becomes necessary to protect the public health or welfare, the City may, but is under no obligation to do so, with twenty-four hours' notice (if reasonable) to the Owners, make needed repairs. The Owners or their successors shall advise the City Manager, from time to time, of the name, address, and telephone number of the person designated to be contacted by the City regarding said stormwater system. For the purposes hereof, the City shall have the sole discretion to determine when repairs are required to protect the public health and welfare and what repairs are required for such purpose. In the event that the City incurs any expenses in repairing said stormwater detention ponds, drainage swales, and intake or discharge lines, the expenses shall be IWM assessed against the Owners or the successor owners. If the amounts so assessed are not paid in full within ninety (90) days from the date the bill is presented, such amounts shall then be assessed as a lien upon the property and the City may recover such amounts in the same manner as it may recover the real property taxes assessed against the property. The owners hereby grant the City an easement of reasonable access for purposes of making repairs as provided above. 6. It is understood this Agreement shall constitute a covenant running with the property and may be amended or terminated only upon the written consent of the City. Dated this IN PRESENCE OF: Witness as to JJF Witness as to JJF Witness as to JPL Witness as to JPL Witness as to GCM Witness as to GCM day of April, 1992. -3- James J. Fayette John P. Larkin Gerald C. Milot By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. CITY OF SOUTH BURLINGTON Its Duly Authorized Agent At Burlington, in said County, this day of April, 1992, personally appeared JAMES J. FAYETTE, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires 2/ 10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At Burlington, in said County, this day of April, 1992, personally appeared JOHN P. LARKIN, and he acknowledged the within instrument, by him signed, to be his free act and deed. STATE OF FLORIDA Before me, COUNTY, SS. Notary Public My commission expires 2/ 10/95 At Hillsborough Beach in said County, this day of April, 1992, personally appeared GERALD C. MILOT, and he acknowledged the within instrument, by him signed, to be his free act and deed. Before me, Notary Public My commission expires WE STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of April, 1992, personally appeared , duly authorized agent of the CITY OF SOUTH BURLINGTON, and he/she acknowledged the within instrument, by him/her signed, to be his/her free act and deed, and the free act and deed of the CITY OF SOUTH BURLINGTON. [storm.b04] Before me, Notary Public -5- My commission expires 2/10/95 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 .6% 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 off -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 curbiA related 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 change 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 engineerinq 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 ohases 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 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 658-7955 February 3, 1992 Mr. Gerald Milot. P.O. Box 4193 Burlington, Vermont 05403 Re: L&M Park, Movie Theater Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a corrected copy of the Findings of Fact and Decision on the above referenced project. The corrected item is on page 1 under paragraph 4. Landscaping. The correct total landscaping value should read $121,500. If you have any questions, please give me a call. S' erely lr e Weith, City Planner 1 Encl JW/mcp cc: John Steele John Larkin PLANNING COMMISSION 25 June 1991 page 4 1. As expressed by the applicant, prior to final plat, legal doc- uments for the east -west r.o.w. shall be submitted to the City Attorney for review and approval. The documents shall satisfac- torily address the following provisions• a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 ft r o w and con- struct to city standards that portion of the roadway and utili- ties necessary to serve the development b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line 3. The final plat application shall be submitted within 12 months or this approval is null and void. Mr. Craig seconded. The motion passed unanimously. 4. Public Hearing: Revised Final Plat application of John Larkin and Gerald Milot for construction of a planned commercial de- velopment consisting of 150 multi -family residential units, a 60 room hotel, 20,000 sq. ft. movie theatre, and 40,000 sq. ft of retail use o.n a 33 acre parcel, Shelburne Rd: Mr. Rabideau said the applicant will keep the back building of Larkin Terrace in a modified form. The movie theatre will have a shared parking arrangement with the other side of the road. He noted there is a concern about the -number of curb cuts on the right of way. He felt this is the best arrangement at this time. Later, if there is development across the road, two curb cuts could be removed from the right of way. Mr. Craig asked if this could be stipulated. Mr. Rabideau said they could live with that. A new traffic report from Resource Systems was presented. Mr. Weith noted they averaged various counts that have been done for theatres and came up with a new trip rate. They also updated residential and retail estimates based on the new ITE 5th edition. The result is an estimated 569 trip ends. Mr. Weith said he is comfortable with this figure. Mrs. Maher asked if the landscape plan reflects the extra shrubs the Commission wants around the parking area. Mr. Rabideau said they would like to deal with that when the retail development comes in as the shape of buildings may change, etc. Mr. Weith was concerned about the proximity of large parking areas to the right of way. He suggested some low berms and maybe some shrubs to screen the parking lot. Mr. Rabideau said the applicant was comfortable with that. Mr. Weith did not feel there is a "bank" of park.ina. The PLANNING COMMISSION 25 June 1991 page 5 applicant will have to show that what they propose works. Mr. Rabideau said they will come in and talk again on parking when there is a retail plan. Mr. Burgess said if they can't then prove that shared parking will work, they may have only 5,000 sq. ft. for retail. Mr. Weith questioned why parking is being treated differently from sewer and other conditions. Why ,would the retail buildings be shown if they're not part of this plan. Mr. Craig said the applicant has to prove to the Commission that any plan will work. There should be wording that the retail building isn't approved but is only conceptual. Mr. Burgess noted that there will be buildings on the plan for which there isn't enough parking. He asked how this can be addressed in the motion. Mr. Weith felt the motion could be approved as written. Mr. Craig noted that all Shelburne Rd. improvements have to be in place before the theatre is occupied. Mr. Llewellyn said that is up to the state. Mr. Burgess stressed that this is between the applicant and the state. If the state says "no," the applicant has to go back to square one and cannot build. Ms. Peacock moved 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 60-room hotel, 20,000 sq ft. movie theatre (1,000 seats) and 40,000 sq. ft. of retail use as depicted on a nine (9) page set of plans, page one entitled "L&M Park, Overall Site Plan," prepared by Fitzpatrick -Llewellyn, Inc, and dated June 1990, last revised 6/18/91 with the followinc stipulations• 1. All stipulations contained in the 12/11/90 approval which are not superseded by this approval shall remain in effect. 2. The applicant shall post a $121,500, 3-year landscaping bond prior to permit. This includes $14,000 for street trees (public r.o.w.) and $107,500 for site landscaping. 3. A sewer allocation of 58,060 qpd is granted. This includes a 8,600 qpd credit for the existing hotel units. The 58,060 qpd assumes 52,500 qpd for the residential portion and 5,560 q d for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 qpd shall be considered reserved capacity as approved on 12/11/90. The remaining 6,508 shall be placed as #1 on a waiting list until such time as sufficient capacity is available as determined by the Citv Planner. PLANNING COMMISSION 25 June 1991 page 6 4. It is anticipated that the project will generate 569 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 revised final plat shall be revised prior to recording to show the following: a) More landscaping including shrubbery and/or low berms along parking areas fronting Fayette rd. to better screen parking lots from public r.o.w. This shall be approved by the City Planner. 6. Based on the expressed representation of the applicant, at such time as the 60 foot r.o.w. connection to the Farrell property is opened as a public road, two of the four parking lot curb cuts on the east side of the r.o.w. shall be closed and parking lot circulation revised to accommodate the reduced curb cuts. 7. The revised final plat shall be signed by the Planning Com- mission Chairman or Clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. Mrs. Maher seconded. Motion passed unanimously. 5. Site plan application of Quarry Hill Club to operate a driving range and miniature golf course on a 28 acre parcel which also contains a country club use, Quarry Hill Road• Mr. Shields said the driving range will be 1,000 ft. by 200 ft. He didn't feel there was any chance of a ball being hit as far as the adjacent property. The mini golf course will be 100 ft. by 100 ft. It is a totally portable system that can be dismantled. There will be no permanent structures on the site. It will be fenced in. He noted that Zoning Board approval has been obtained. There will be four 14 ft. high cut off lighting posts. Regarding the access roadway, Mr. Shields said there is a paved part of the road 400 ft. by 24 ft. The next section is a combination of pavement, gravel, etc, and runs 305 ft. The next 400 ft. section is mostly gravel. That goes to the current Quarry Hill Club entrance. There are 18 parking spaces on one side and over 300 on the other side. There are 2 gravelled strips for the miniature golf facility. Mrs. Maher noted the City Engineer wants to see the parking laid out. Mr. Shields said it is just a long gravel space. Mrs. Maher noted the City Engineer also wants it clear that the mini golf course will not be built on top of utilities. PLANNING COMMISSION 30 July 1991 page 2 reject the application as there is no frontage for the rear pro- perty. Mr. Rosenthal noted that there is a growth of old trees that protect the adjoining development from noise, etc. He asked if these can be saved. Mr. Withers said he didn't know how many trees he would cut down. Mrs. Withers said she wants to garden and pine trees are no good for gardeningas they make the soil too acid. She said the property has been in her family for three generations, and the Picard development should not have guaranteed residents that those trees would always be there. Mr. Burgess said the Commission's concern is that the property will be a subdivision with a piece that has no frontage. The Commission will consider doing something to protect adjacent properties because of the long driveways, but the Commission is not empowered to protect trees. Mrs. Wall noted they had paid more for their home because of the trees, but acknowledged that that was her problem. She said the biggest concern she had was the long driveway because of small children in the area. She asked for a fence. Mr. Weith said he felt a fence and some land- scaping would have the most effect for screening. Ms. Pugh said she would like to see some discussion between the developer and the neighbors for something mutually beneficial. Mrs. Maher sug- gested the possibility of deciduous trees. Mr. Sheahan said he would like to view the site in order to make a more intelligent decision. Members agreed. Ms. Pugh moved to continue the application until 6 August to allow members to view the property and be clear what is being voted on. Mrs. Maher seconded. Motion passed unanimously. 3. Public Hearing: Revised Final Plat application of John Larkin and Gerry Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residence units, a 60 room hotel, 20,000 sq. ft. movie theatre and 40,000 sq. ft. of retail use on a 33 acre parcel, Shelburne Rd.. Mr. Steele said the number of parking spaces is essentially the same. The changes involve the number of islands and changes the city wants to see. The entrance at the west has been shifted from the end of the lot down across from the entrance to the theatre in the interest of safety. On the south parking lot, they have reoriented parking to north/south aisles and eliminated two curb cuts. They have created two berms along Fayette Rd. There will be a sidewalk on the west side of the drive. Mr. Weith said the survey plat will need to be updated to show PLANNING COMMISSION 30 July 1991 page 3 the location of a 60 ft. right of way. Ms. Peacock moved the Planning Coimmission approve the revised final plat application of John Larkin and Gerald Milot to revise the parking layout and circulation of a planned commercial de- velopment consisting of 150 multi -family residential units, a 60- room hotel, 20,000 sq. ft. movie theatre (1,000 seats) and 40,000 sq. ft. of retail use as depicted on a sixteen page set of plans_,_ page one entitled "L&M Park, Overall Site Plan," prepared by Fitzpatrick -Llewellyn, Inc, and dated June 1990, last revised 6/ 18/91 with the following stipulations: 1. All stipulations contained in the 6/25/91 approval which are not superseded by this approval shall remain in effect. 2. A revised survey plat which shows the new location of the 60 foot r.o.w. connection to the Farrell property to the south shall be submitted to the City Planner for approval prior to recording. 3. The plans shall be revised prior to recording to show: a. Correct number of parkina spaces being provided as indicated in notes 9 and 10 on sheet 1. b. sidewalk along the westernmost access to the north parking lot. c. Hydrants located as recommended by the Fire Chief. 4. The final plat plans shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission Chairman prior to recording. Mrs. Maher seconded. Motion passed 4-0 with Ms. Pugh abstaining. 4. Consideration of request by Chittenden Bank to amend a condition of approval for an addition to the Factory Outlet Mall dated 10/14/88: Mrs. Maher asked if Mr. Leiner has reviewed the request. Mr. Weith said he could have him do so from the point of view of circulation. Mr. Burgess noted there was a provision in the approval for the applicant to make continuous studies of the parking lot. The Commission has seen the first phase of the parking study. In certain areas of the lot, parking is exceeded by 17-18% which means people are parking where they shouldn't. The Commission is now being asked to change another provision of the approval which PLANNING COMMISSION 11 DECEMBER 1990 page 4 4. Public Hearing: Final Plat application of John Larkin & Gerald Milot for construction of a planned commercial development con- sisting of 150 multi -family residential units, a 40-room hotel, 60,000 sq. ft. of office use, and 40,000 sq. ft. of retail use on a 33 acre parcel located on Shelburne Rd. Mr. Rabideau said they will come in to the Commission when com- mercial uses are found and will discuss parking then. The resi- dential uses are to the rear of the property. There will be some underground parking. The units will probably be rental units. Mr. Craig noted that with regard to the road from Shelburne Rd, to the temporary cul de sac, the intention was to bring this through when the Pomerleau land develops. This developer is to bring it to the property line. Mr. Craig asked how this will be handled. Mr. Weith said the City Attorney recommends an escrow account. Mr. Craig said he wants to be sure there is enough money in it in the future when the road is to be built. Mr. Larkin said he was willing to build it now. Mr. Burgess noted the right -Of -way is not fixed now. Mr. Rabideau said there wouldn't be much room to move the road. Mr. Weith said he would like it left open till it is known what will happen to the Pomerleau property. Mr. White said the Pomerleau people would prefer the road not be built. Mr. Condos recommended the future road be put on the official city map. With regard to the hotel, Mrs. Maher asked why the 40 units have 60 bedrooms. She asked if these are really apartments. Mr. Larkin said he is thinking of "quality suites." He said the hotel isn't going to be done right away. Mrs. Maher asked if the kitchens will be removed. Mr. Larkin said not in the front building. Mrs. Maher felt that made the units apartments. She asked that the applicant come in when renovation work on the hotel is to be done. Mr. Dunn spoke against the project. He felt people would be opposed if they knew what is planned. He noted the staff report says 623 peak hour trip ends will be added to Shelburne Rd., and this is a conservative figure and doesn't include the Pomerleau property. Even the developers' figures show 2 intersections going to level "E" and "F" (from "D" and "E"). Mr. Dunn felt the road has to be fixed first. He felt developers would have more pressure on the Governor than the ordinary people who drive that road every day. He cited a recent Supreme Court decision that said you can't add to a hazardous situation. He felt it was a queston of what you do first: fix the road or make thingsworse and hope the road will be fixed sometime. PLANNING COMMISSION 11 DECEMBER 1990 page 5 Regarding sewage, Mr. Dunn said he understood the Bartlett Bay plant is close to capacity and is an old facility with leakage. Mrs. Maher explained that the Commission is not happy with a complete commercial/retail plan. She felt this was a compromise. Mr. Condos noted the City Council has let a contract for engineering services to study the sewage plant for possible ex- pansion. Mr. Dunn repeated that it is a question of what comes first. Mr. Austin agreed with Mr. Dunn and felt Shelburne Rd. is at capacity and didn't feel the project should be built until Shelburne Rd. is fixed. Mr. Weith noted the issue of infringement on a CO Zone is not yet settled. Also, CCTA recommends a bus shelter in front of the hotel to be maintained by the property owner. They ask it be put in now. Regarding affordable housing, Mr. Dunn said he would like assurance that some of it stays affordable. Mrs. Maher said the city does not have a policy in place to do that. Mr. Weith noted that the developer is willing to fund a TMA (transportation management assoication) for 18 months ($30,000 for the first year budget and $40,000 for the second year). They agree to have it effective co -incident with their Act 250 approval. Ms --Peacock -moved _Lhe -Planninq -Comm is Sion -au rove -the -Final -PlaL application_of_Gerald_Milot and -John- ar.kin-ffor_construction_of_a planned _commerc ial -development-consisting-of _l50_mult i=family _ ces, idential_units,__a_40_room-hotel,-EG,QQQ_sq__ft.-of_office_space and_4QyQ'QQ�s _ft�-of-space _as_depicted-on -a_14_page_set_of Mans,_page.,one entitled_ L-&-M-Park,Proposed-Subdivision -Plan �" or'eoared__by.:-itzpatrick-Llewellyn, Inc, -and dated December,-199G with-the�followino__stioulations:. 1r_The_applicant-shall -post-aa-$121,.100,.µ3 tear -landscaping bond This_includes_$13.,60Q-for-.street trees-kpublic r-o-w. _and-$107,500-,for_site_landsca in Y � 2._The,plan-shallµbe-revised-prriior-to-recordiuo_to_show:. a_-The-landscaping-plan-and_schedule_on-sheets_11_and_l2_shall �be_reui'ssed-to_iadicate�465µpE222sed_deciduous/evergreen � shrubsbs _as_indicated_in_a_note_dated _12/5/9Q _f rom_sohn Steele-of-fitzpatrick,Ll,Llewellyn,-Inca PLANNING COMMISSION 11 DECEMBER 1990 page 6 b.._Theµor000sed-parkinn-lot-shall-be-located outside -of -the SQ,foot-conseruation_zone_alono-the,-minor stream -along -the swouthernµChrysler=2l m'outh_-2r.aoerty-line- c-_Bus_shelter_located_in_front_of _theworaoosed_hotel_in_a ~location_recommended-� CCTA--_Tbe,bus-shelter shall -be maintainedby-a-landowners—associatioonn-orµapplicant- 3._The r000sed sur�uer�olat shall�be reuised-oriorµto-recordinq_to indicate_that_the_100-foot_L-O w-,µfuture-connection-to-Earrell 2raoertyrr dd. utur:eµconnectianµtoµRomerleauµora ertrµwillµbeµ�ir revocable_of f.ers_of _dedicatian- 4-._The_areas_of_land_shown_onµtheµolatµasw"subjectµtoµaoreement_ wall_b`e=rssolued��rior�to�issu�anceµaf _zonin�woermitsµ__The_a Rlicant,sha11-submit_evidence_to_theaCityµPlannerµprovino-teat _the issues_have_been_resolued-and_Lhat4the- ro ect canµoraceed as ag` groved_br-LheµCommission 5—_Theµsewa e_oumoingµstationµandµforceµmainµshallµbeµorivately owned_and_maintainedM fi__Leqal_documents_for_streets µlOQ_foot_rioht_ofµway-alono Central_Vermont-Railroad µoroEerf µlineZµ60µfoatµrµoµwµµtoµEarrell ertyrr_utilities,, easements_and-shared µoarkinc�µwith-the -Vermont National_Bankr_shallµbe--submitted_to_City-Attorne�r_forµaooroual r io� a rat ewe r m its_ ti _ _ _ _. _ _ . _ 2.._Boads_to_couer_construction_of_streets,µsidewalksµµimorovements to_McInL_Q' h,[L&M_Park/S heIburae_Road_intersections, _sunchranization of _si�nalsµaloE2µShelburne&oad_f ron _A'llen-road _to _I=189,µthe closina_of_the_southern_access-ta_Vermont_Diational-Sank, deceleration -lane _intoother -utilities-in -an amount -to __be_approuedµby-the -City -Eegineerµsha11-be µ�Qsted ricer to4oermitµ 8—A_recreation_fee_of_$30µ00Q_L$.200_Perµunit1-shall _be_oosted orior_tn_nermit..�'µ� 9__Rrior_tapermit_tthe_aoolicant_shall_submitµaµletter_to_the lanner_f rom_the_VAOT_approvingµgcoposed_impnovemenLs _Qn_RouLe_7 _e-,, si na Iµ�a.nchronization_of_signals_from,I=189_ta_Allen Road, -deceleration -lane I ___Improvements -cball-be _complete_prior_to issuance_ofµa_certiticate_at_accuoancy- 10.._a_sewer_allocation_of_65325µdµisµgranted-µ_This_assumes 52 0QQ_ pd_for._the-residential -portion µand,,12,, d_for-the com= PLANNING COMMISSION 11 DECEMBER 1990 page 7 mercial-portion--_Due_to_limited_sewer_capacity-at-the-Bartlett B, XX_Treatment_facility,_oonly Sl 552-gpd_is_available_at_this_time_ _This_pro�ect_will_tie�placed�on�a�waiting�lis_t _fnr _the_remainino 13,.823�apd_until_sach�time�as�sufficient�capacit�-isµasailable-as determined_bZ_the_Citr_Planner___6938µapd-shall_be_placed -as -#1 on__the-list-and_6,885-gpdshalltie3�on�thislist 11-_The_applicant,-shall contribute—$$15,.995µto-the-Shelburne-Road Intersection -improvement _Eund_based_on-the _623µpeak-hour-trip ends to-be-Generated-b�r_thiis-prnaect.. 12.._This-project _is_approued _far _341 _residential parking -spaces and _469_commercial-spaces -This -project -is -also approyedµfor-a maximum-peak_hour_trip-end-generation-of_623_trips---As-expressed tad -the applicant-_the_commercial_partion-of-the-proect,,,includinp the _hotel,. _is _only _cconaeptuaI -at-this -time - _ _Therefare , -prior-to issuancce_of-a,buildingµpermit-for-any-deuelopment-in-the crammer cialµportion of_the_project the_applicant-shall_submit-a_Leuised finalzplat-to -the _Planning-Commission_far_approual---An�r-�r_ogose'd commercial_protect_shall_f it_within-the-469-total_commercial parkinn-spaces_and_623_maximumµpeak_hour-trip—ennd_limit_tincludinc5 residential po_rtionI_as-ap rap ved_by_the_2lanninq_Commission_ 13__Tbis,..,AppERva1 -is -cont inqenL -upon -the -establishment -of _a_TtanS� portation_Manaaement-Assoc iation _kTMAI-in_accordance_with_the_doc, ument_entitled_"_Shelburne_Road_Corridor_Transportation_Management Association, - Final _DDrµ�raf August�199Q�_ Asµex ressl Yrepresented b�-the-a�plicant�_the_a�plicant_shall_fund_the_f irst_18_months_nf thewpropasedµShelhurne_Road_Corridor_TMA--.-As_defined_ia_the_above referenced_document_the_first_18_months_E,euires-a-budget-o�f $SQ,,QQQ_-_Effectiue_u aa_District_Environmental_approual_of_this project-ttthe-applicant-shall_hire_a-program-coo rdinatarttprovide working�space-within -the _corridar _and_estabIish_an-account _for the_TMA_,,.,j e_applicant_ shall -contribute -$3Q,�QQQ-to -the _TMA_bv said -date -and -an _additional_$2Q QQQ_one_yr ar-after -that ._-The pr.aposedtbylaws-shall_be-finalized_after_the_hiring-of-the_TMA coordinator.. _ 14- _This_approval_is_conditional_on_aµdeveelepment.phasing-plan_of 25_residential_uaits _per_VeaL_ 15_ _At _the_time _the _Pomerleau_ ro ert -is _a roued_far _development the_then-owner -of _the_sub ect_ ro ert _shall_extend_Ea eette_Rd _to the _northerlX_property_line in_accordance_with_muni'cipal standards and -at - its _own_cost-and _ex erase___This_obligati4n_shall-rum -with the -land _-and -shall -be -secured _bra_martaaqe or_other-lien -an -the prwapert�r. __In_a'dditiouprioa _ta_issuance_nf _a _zoning-permit_ahe applicant shall-pQst.an_escrow_account_to-secure_further-the costs PLANNING COMMISSION 11 DECEMBER 1990 page 7 mercial_ ortion--_Due_to_limited_sewer_Ca acit _at_the_Bartlett B X.TTreatment_facilityz,._onl 1�552_ppd-is-available-at_this-time- ,'This^project-will_be-placed _on_a_waiting_list_for_the_remaininq _until such_ time_as_sufficient_capacit)z,is_azzailable_as determined_by-tthe_Citv-Planner__-6.938Y --d-s-all_be_-laced-asµ-1 ot_the_list-and_6,B85-gpdµshall-be-#3-on—this-list- 11._The_applicant-shall_contribute—$$15,995_to_the_Shelburne_Road Intersection_Improuement_Eund_based_on_the_623-peak-hour-trip-ends to�beµgenerated-by_thiis-prnlect_ 12—This-project -is _approved _for _341 _residential-parkinq-spaces and_469 maximum _commercial_spaces __This_pro eak _hour _trip _en ect _is _also _a roued_for_a eneration_of_623_trips___As_expressed by.-._t___.app_l...icant motwh_e commercial -the -pro ._.j_e.c_.wt.,�.._includin the—hotel,_is_onl -conceptual _ rior_to _ , ._p_________ issuance -of -a -buildinq -permit -for -anv -development -in -the _commeL= cial_'ortion'of_the_'ro ect the _a licant_shall_submit-a_revised final_ 1pjat_to_the_Dlanning_Commission_far_approval____AnK_proposed commercial_ project _shall _f it_w in_the_469_tat al_commercial arkin s aces_and_623_maximum_ eak_hour_tr �end_limit_tincludin residential portion I -as _ap rop� ued—by-the'Planninq-Commission_ 13-_This-approval _is_cantin ent_u on_the_establishment_of_a_Trans, arp tat ion_Manapement-Assoc iation_kTMAI-in-accordance_with-the_doc, ument_entitled__Shelburne_Road_Carridar_Tra� nsportation_Mana ecement Association,,:-_DrraftAuqust_199Q____As-eexpressl represented byzjthe_applicant,-the_applicant_shall-fund -the _first_18-months -of thea _ ro sed_Shelburne_Raad_Corridar._TMA__,As_defined_in_the_aboue referenced_document_ the _first -IS -man ths_repoices,a�bud $5Q,,QQQ_�_Effectiue_u an_District_Enuironmental_a raual_of_this pro ectt_theµapplicant-shall_hire_a-program coordinato��pravide working�space_within_the_carridar _and_establish_an_account,for the_TMA. __The,_ap licant_shall_contribute_$3Q QQQ-to -the _TMA-by said -date µand -an _additional_$2Q QQQ_one_year_after_that_�_The pEapos'e'd_b laws,,shall_be_finalized_af ter_the_hiriaq.,o'f_the_TMA coordinator- 14__This_approual_is_canditional_on_a_deveelopment_phasinq-plan -of Z5_residential_units -per _)zear- 15_-.At_the_time_the_Pomerleau_ rn ert -is_a roued_for_development the_then-owner _of_the_sub ject_ ro ert _shall_extendEazette_Rd__to the -northerly -line _in_accordance-with _municipal —standards and_at_its _own_cost -and -expense -_This_ob1igation_shall_run_wit_h the -land -and -shall -be -secured _bu_a_mart ape _or_other_lieen,on_the 12 2pertv___ln_additioAr_�rlar_Lo-issuance_Q�_a_zoniQq D-2 Im',t the aop�licant_shall�past -an _escrow_account_to_secure_further_the_costs PLANNING COMMISSION 11 DECEMBER 1990 page 8 of_the_future_extension_nf_Ea Bette-Road-to-the_Pomerleau_ rya e_rt,y- _The-amount-of-es.craw-shall_be_determined_byZ_the_CityZ,�iaeert The ,documents_necessar-Z_to-effect _this-plan-shall—bbe-submitted-Lo the�Cit�rwAttarne��far�a��raualT ����� 16._Th_private _residential_street_shall-be _fu11V_installed_and �aued��riar-to -issuance -of µa certificate_of accu�anc � 17. -A licant_shall_submit_to_the_Cit _Planner_a_list_of_an char ee�renuiLed-by-Act_25Q_prior_to_issuance_of_a_zon�inqpermiL_ 18.._The_storm_water_retention-poad-shall-remain _in_P_rivate_owner, ship and shall beµmaintained-bra-landownersassQcciatian- 19.._Stor_m_water_inlets_will_b� e_adjusted,to-qrade_usinq concrete_riser.s - ( not-bricks-and_mortarl_as-manufacture _precast 20__The-Final -Plat -shall _be_signed�_the_Plannin _Commission chairman -or -clerk-and -reco rfed_in_the_Sciuth__Burlin ton _land cecocds-within _ 90-daysµor—this-aapproval—is-null-and _void _Y Mrs.._Maher_seconded. --The -motion assed_4_2-with -Mr . _Sheahan_ab= stainin��and_MsY�Pu�h�and_Mr.._Austinµo� a��sin� Sketch plan application of University Mall REalty Trust for con- struction of a 5,000 sq. ft. building for retail use and incorporation into the University Mall property on Dorset St. Mr. Koury noted that. at the Dorset St. project talks, they agreed to close 3 curb cuts in the Gleason property. They want to re- orient them and have them access from the Mall parking lot. They would remove 4,300 sq. ft. (metal building, house and garage) and replace them with a 5,000 sq. ft., one story building. They are trying to maintain the number of parking spaces and not draw on University Mall parking. They will provide 27 spaces. Mrs. Maher wanted to know the percentage of compact car sapces and also wanted to about aisle widths in front of Ames. Mr. Burgess noted the Planner suggests moving the building closer to Dorset St. and having more green space up front. Mrs. Maher noted circulation at the main entrance is a problem. She also wanted to know if the Commission is being asked to waive any parking spaces. Mr. Weith said they are. Y'd ...................... , ate` -. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 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, July 30, 1991 at 7:30 P.M. to consider the following: 1) Revised Final Plat application of John Larkin and Gerald Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residential units, a 60 room hotel, 20,000 square foot movie theater and 40,000 square feet of retail use 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 Plat application of Garland and Helen Withers for subdivision of approximately 41,700 square feet of land into 2- lots of 15,700 square feet and 27,000 square feet, 265 Kirby Road. The property is bounded by L. Flynn, B. Wall, S. Wall, J.Kirk, Dumont, A. Zeno and Kirby Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 13, 1991 FITZPATRICK-LLEWELLYN INCORPORATED Al Engineering and Planning Services One Wentworth Drive • Williston 0 Vermont • 05495 • (802) 878-3000 7 November 1991 Mr. Joe Weith, City Planner 575 Dorset Street South Burlington, Vermont 05403 RE: L&M Park Street Lighting FILE: 88047 Dear Mr. Weith: We have been informed by Jim Dousevicz that Gerry Milot intends to use Green Mountain Power's Ornamental (OR) street lights along Fayette Road. These consist of 20' direct burial fiber -glass poles with 6' aluminum mast arms and cut-off luminaires, GE model M-250 A2 or equal. Lamps will be 100 watt High Pressure Sodium in order to compliment the architectural fixtures used in the parking areas. GMP's Typical Street Light Detail is enclosed. This letter is to acknowledge our conversation and to confirm the City's authorization to use GMP fixtures within the City's R.O.W. at the locations shown on the approved plans and lighting layout. Sincerely, FITZPATRICK-LLEWEL N tnA. J Steele cc: Jim Dousevicz Gerry Milot John Larkin Enclosure JAS#3:88047-12 INCORPORATED Design 0 Inspection 0 Studies 9 Permitting 0 Surveying o ' UJMINAiff.9, M - Z&'AZ cal, tt �1�►4a N,vjlC \Lh'�.4if� ALOMIt JuM MAST' AqnNA P::", _ G L.A53 uG s-:i RD(-� WV ZO' N40 M I N A L M 4LY.T'f i N4 C-V H `4 G 1- n- - l�*-t A Kam- 5 PE.AF--Q- GW- EQ-)A L_. 0 P " 0) TYPICAL STREET LIGHT N T 8 I 16'y pm Avy s oc-r"Iwr City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 August 28, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05406-4193 Re: L&M Park, Revised Parking Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. Please note the conditions of approval which must be met prior to obtaining a zoning permit. 'ncer ly, J e Weith, City Planner 1 Encl JW/mcp cc: John Larkin John Steele 1 H/F MVMWWI \ \ � pakVKEAU S 706 T 14" f , ^ 1041. 48' 1..---•-...�� '` l0' UTILITY (�, \ �� y 60' RO.W FOR FUTURE F PROPOSED ` � H \ EASEMENT 1 1 1 '-ROADWAY EXTENSION 1 MAINTENANCE ,,\` (ELEC., TEL.) j 1 BUILDING G ` 1 LOCATION OUTSIDE OF i 1 \ `�� CONSERVATION ZONE y ! \ •� `, TEMPORARY 1.\ \,,1 TO BE DETERMINED \ CUL-DE-SAC ; 1 AND DEDICATED TO THE 1 \, •`LOCATION - \ � THE CITY f00' CONSERVATION ZONE WINN 20' STY SEVER CENTERLINE OF RAILROAD TRACKS I 1 / N/i SOUTH BURL/NGTQN PROPOSED i ; 6 P / ' /j / tr CHRVSUW PLIMOUTH 62X105' 18 UNIT MULA- FAMILY STRUCTURE (BLOC. 7) l8 G14RAGE SPACES / /' / +► N 1,\ D 318'36'04"W t PROPO 20' 125.00' 1 MUNI /, ! I S 70' 47' 26" f �, 1• T\ 11 �� \\ t , / ✓ ,525.07' �w dal ifs PROPOSED I I •�� a - _ "` / L - ,-_-_ i , 62'X120' 22 UNIT MULTI- FAMILY .STRUCTURE (TYPICAL C/ / ITTTITTT�I I BLDGS. 1-6) 1 !" 22 GARAGE SPACES N/F A' Q�"I STATE OF VERMONTOWNE ON RAILWAY RA VERMONT ERM ERMLESSEE I I I I L____i EXISTING iB'-- WATER 7RANSWSSfON LOCATION BASED ON AS -BUILT DRAWING- 1 r 24' PRIVATE ROADAn 1001 R.O.W. TO BE__/" 1 DEDICATED TO CITY / -.�I2 " OSE /7l•28' W . / fYiiGW05£D PROVIDE 6U' � ;00 S.F EASEMENT TO BE THf<'ATER DEDICATED TO CITY I PROPOSED STORMWATER , N/F FARRELL RETENTION PONDS EXISTING RESERVOIR AND,/ EASEMENT TO BE / RESOLVED 32' WIDE PUBLIC 57REET WITHIN A 60' RIGHT-OF-WAY TO BE DEDICATED TO CITY LEGEND PERIMETER PROPERTY LINE R.O.W. / EASEMENT LINE EDGE OF PAVEMENT ------------- LIMIT OF CONSERVATION ZONE ---- ------ ---- -------- LIMIT OF WETLANDS GRAPHIC SCALE ( IN rm ) t I h - I0q M s EXISTING VERMONT NATIONAL BANK TO BE IMPROVED L BALDWN AVE N 71.22' 41" W 11.40' S 1B' 15' I8" W 45.86' TO BE DEDICATED TO THE STATE OF VERMONT XIS77NG CURB CUT --- �TO REMAIN S 71.22' 42' E 188.60' S 71.22' 42" E. 11.50, S /8.36'04"W 125.00' N PROPOSED yy �j 40,000 S.F RETAIL 7 '. C I I ---BUILDING O MACINTOSH AVE b -FIRE LANE oC y EA7S77NG HOTEL A) LARKIN TERI TO BE /NCORPOI INTO PROPOSED DEVELOPMENT PROPOSED RETAIL COMMERCIAL DEVELOPMENT KeLEVEL) JUN 18 1991 City of So. Burlington NOTES 1. OWNER OF RECORD: JAMS FAYETTE Lake SITE SOUTH LOCUS "rs - 1930 SHELBURNE ROAD SHELBURNE, VERMONT 05482 2. APPLICANT. GERALD M/LOT P.O. BOX 4193 BURLINGTON, VERMONT 05402 3. ZONED: COMMERCIAL 1. CONDITIONAL RESIDENTIAL USE PREVIOUSLY APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT. 4. TOTAL PARCEL AREA: 33.5J (+/-) ACRES 5. TOPOGRAPHY AND EXISTING FEATURES TAKEN FROM A PLAN ENTITLED 'L&M BUSINESS PARK SKETCH PLAN" BY DONALD L. HAMLIN, DATED 12118186, AND FROM INWS77GA77ONS PERFORMED BY THIS OFFICE. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM A PLAN ENTITLED L&M PARK 41175 SHELBURNE ROAD, SOUTH BURLINGTON, VERMONr, DRAWING NUMBERS D 372J AND 0 3849. DATED NOVEMBER 1990. LATEST REVISION FEBRUARY, 1991. 6. EX,'ST7NG SANITARY SEWER LOCATION AND ELEVA77ONS TAKEN FROM DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON AND FROM INVESTIGATIONS PERFORMED BY THIS OFFICE. EXISTING 16' C.W.O. TRANSMISSION MAIN LOCATION BASED FROM INFORMATION PROVIDED BY THE C1Tl' OF SOUTH BIIRLINCTON WATER DEPARTMENT. ALL LOCATIONS MUST BE FIELD VERIFIED PRIOR TO CONSTRUC710N. 7. LOCATION AND WIDTH OF ANTICIPATED HIGHWAY RIGHT-OF-WAY SHOWN AS DESCRIBED BY THE 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 REQUIRED 3J8 PARKING SPACES BENEATH BUILDING 150 OPEN PARKING SPACES PROVIDED 188 TOTAL NUMBER OF PARKING SPACES PROVIDED - 338 9. COMMERCIALIRETAIL AREA AND BANK 20,000 +/- SO.FT. THEATER 40,000 SO.FT. RETAIL PARKING SPACES PROVIDED - 401 10. EXISTING 60 UNIT HOTEL BUILDING EXISTING PARKING SPACES PROVIDED-----70 2Ev t,E —Tc =1 ��c 4o�ES Off—,IP zT:, ".o.�-t+,nor •-� s�-E= fifrirk V_,. TEa L �c M PARK 0 VERALL SITE PLAN =.1t1 no '8B047_ EVEL� u Mt1NE 1990 LE INCORPORATED nM D 3264 11 WILLISTON VERMONT IF I 'd 16 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 1, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05401 Re: L&M Park, Movie Theater Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. Please note the conditions of approval which must be met prior to obtaining a zoning permit. goe Weith, City Planner 1 Encl JW/mcp cc: John Steele John Larkin City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 21, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05401 Re: L&M Park, Revised Final Plat, Theater Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the 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, June 25, 1991 at 7:30 P.M. to represent your request. Sincerely, e Weith, City Planner Encls JW/mcp cc: John Larkin John Steele I 1�uixth -6urlingta n ,fire i rpartment f 575 47lorset -,'ttrect -t-�airth Nurtinutun, 'Vermimt 115403 TO: SOUTH BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY JUNE 25,1991 AGENDA ITEMS DATE: TUESDAY JUNE 18,1991 1. L&M PARK DATE: 6/90 PROJECT # 88047 DRAWING # D-3481 PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT ON THIS PROJECT AND AT THIS TIME I DO NOT SEE A PROBLEM FOR EMERGENCY PROTECTION. 2. CUPOLA GOLF COURSE QUARRY HILL ROAD PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT FOR THE CUPOLA CORP. TO INSTALL AN 18 HOLE MINIATURE GOLF COURSE AND A DRIVING RANGE ON THEIR PROPERTY. AT THIS TIME THE ADDITION USE TO THE PROPERTY SHOULD NOT EFFECT THE FIRE DEPARTMENT IN GIVEN EMERGENCY PROTECTION. �1 (802) 658-7960 Memorandum - June 25, 1991 June 21, 1991 Page 2 Planning agenda items stipulation than any further subdivision of either parcel would be subject to major subdivision review and the assessment of impacts and exactions based on maximum subdivision potential. 4) LM PARK, THEATER, REVISED FINAL PLAT The amendment to this project consists of substituting a 20,000 square foot 1,000 seat nine (9) screen movie theater for the 60,000 square foot office building, the redesigning of the 40,000 square foot retail building from two (2) buildings connected by an overhead walkway to one (1) building and increasing the size of the hotel from 40 rooms to 60 rooms by leaving intact a 20 room structure which was previously to be razed. There are no changes to the residential portion of the project. The Final Plat was approved on December 11, 1990 (see enclosed minutes). Access: Access to the project from Shelburne Road has not changed. An access change from the proposed Fayette Road in- cludes the elimination of the access to the underground parking area for the former office building. Access to the proposed theater parking area will remain via a curb -cut and driveway located within the proposed 60 foot r.o.w. connection to the Farrell Property to the south. This access was moved seventy (70) feet to the west from the original pro- posed connection. The 60 foot r.o.w. is proposed in front of the theater. This connection will result in somewhat of a meandering north -south roadway, however, staff feels it will work satisfac- torily and benefit traffic circulation in the area. Staff is concerned with the number of curb cuts accessing the parking lot within the 60 foot r.o.w. These curb cuts should be reduced, however, this will result in less parking spaces. Landscaping: Minor revisions have been made to the landscaping plan and this plan still meets the minimum landscaping require- ment of $107,500. One (1) additional street tree has been added for a total street tree value of $14,000. Therefore, the total landscaping value is $121,500. Coverage/setbacks: Building coverage is 8.4% (maximum allowed is 30%) . Overall coverage is 34. 3% (maximum allowed is 70%) . The setbacks for the retail building have not changed. The proposed theater is 20 feet from the Fayette Road r.o.w. while the previ- ously proposed office building was to be only 10 feet from the r.o.w. The 20 unit motel building will be 15 feet from the r.o.w. Staff recommends the approval of these reduced setbacks. 2 Memorandum - June 25, 1991 June 21,1991 Page 3 Planning agenda items The site design does well in screening parking areas from Shel- burne Road. Sewer: A sewer allocation of 58,060 g.p.d.is now required. This number reflects the change from an office building to a theater, 20 additional rooms in the hotel and a credit for the existing hotel sewer usage which was not given as part of the December 11, 1990 approval. This new total assumes 52,500 g.p.d. for the residential portion and 5,560 for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment facility, only a portion is available at this time. This project will remain on a waiting list for the remaining gallonage until such time as sufficient capacity is available. This amount will remain as #1 on the list. Traffic: The Final Plat approval granted on December 11, 1990 stipulated that this project is approved for a maximum peak hour trip end generation of 623 trips. This number did not include the trips generated by the existing hotel which was to have only 40 rooms. The trip generation for the amended plan is as fol- lows: 150 2-bedroom units 107 trip ends 40,000 square foot retail 387 trip ends 1,000 seat. theater 149 trip ends TOTAL 643 trip ends * This number is an average taken between I.T.E. at .261 trips/seat and Resource Systems Group's estimate of .037 trips/seat. The I.T.E. rate is based on 3 studies while the RSG rate is based on one weekend count. This new total peak hour trip generation is 643 or 20 trip ends greater than the maximum number allowed under the December 11, 1990 approval. Again, this number does not include the trips generated by the existing hotel which is now to have 60 rooms. In order to fit within the 623 trip end limit, the applicant should reduce the number of seats in the theater or reduce the retail square footage. Parking/circulation: The proposed commercial uses, including the bank, requires a total of 628 parking spaces and only 471 spaces are being provided. This is a 157 space short -fall or 25%. Since the peak hour for theater and hotel use is in the evening, the 471 spaces will accommodate the combined parking demand of the theater and the hotel which would be 401 spaces. 3 Memorandum - Planning June 25, 1991 agenda items June 21, 1991 Page 4 The redesign of the retail building results in a greater amount of parking visible from Fayette Road as opposed to the previous plan in which much of the parking was hidden by the building. � The applicant should consider more shrubbery along the parking /2 lots fronting Fayette Road to better screen these lots from the public r.o.w. Traffic circulation would be improved by connecting the hotel parking area with the theater parking area but we understand that there is a grade problem which would make this connection diffi- cult. 5) QUARRY HILL CLUB - DRIVING RANGE & MINI -GOLF This proposal is to add to the Quarry Hill Club's existing facil- ities a 160'xl,000' driving range and 100'x100' 18 hole miniature golf facility. The driving range will be located between the northerly end of the quarry and the Gaynes property. The minia- ture golf facility will be located to the east of the driving range near I-89. This property is located at the end of Quarry Hill Road and is bounded on the north by the Burlington Tennis Club and Gaynes, on the east by I-89, on the west by single-family residences and on the south by City property, an underdeveloped lot and Horizon Heights residential development. This property is located in the R7, R4 and C1 zoning districts. The Zoning Board of Adjustment granted a conditional use permit for the proposed use on May 13, 1991. There will be no permanent structure erected as part of the miniature golf facility. It will be enclosed with a six (6) foot high fence covered with green fabric. The projected season is Memorial Day through Labor Day. The facility will be open from 10:00 A.M. to 10:00 P.M. seven (7) days per week. The applicant anticipates that during the day the facility will be used pri- marily by existing Quarry Hill Club members (children) and that during the evening hours there will be a slight increase in usage. Landscaping There is no minimum landscaping requirement for this project since there will be no buildings. I M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: June 25, 1991 agenda item Date: June 21, 1991 4) L&M PARK._ SHELBURNE ROAD The comments contained in the June 10, 1991 memo have been addressed except comment No. 3 & 4. Three is in reference to the drainage basin in the existing parking lot and four is in refer- ence to repairing of existing parking lot. 1. The proposed fire lane should include a gate or chain to prevent parking in the fire lane. M E M O R A N D U M To: Project files From: William J. Szymanski, City Engineer Re: June 25, 1991 agenda items Date: June 10, 1991 L&M PARK, SHELBURNE ROAD 1. There exists a parking lot along the Shelburne Road side of the existing building. If that is to be eliminated it should be part of the project and noted on the plans. 2. The grass strip along the south side of Fayette Road includes the 12 inch water main. Trees should not be planted on top of this water main. 3. There exists a storm drain in the existing parking lot be- tween the two units. This storm drain should connect to the new storm drain system and shown on the plans. 4. The existing parking lot is badly in need of repair and repaving. 5. The existing and proposed parking lots should be connected. 6. The sewage pumps should be solid handling submersible type not grinder. The City is experiencing problems with grinder pumps. QUARRY HILL CLUB MINI -GOLF & DRIVING RANGE. SPEAR STREET 1. Plan should show layout of the parking lot, the access road, water and sewer lines that are in the area. The miniature golf course should not be built on top of these utilities. 2. The driving range scales at approximately 1,000 feet. Golf balls will be hit in excess of this distance. Provisions for protecting the adjacent property should be specified. 3. Plan shows what appears to be an access road from Williston Road across the Tennis Club and Chittenden Bank property. The status of this road should be defined. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 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, June 25, 1991 at 7:30 P.M. to consider the following: 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 60-room hotel, 20,000 square foot movie theater and 40,000 square feet of retail use on a 33 acre parcel located on Shelburne Road. The parcel is bound- ed by Merrihew, c/o Pomerleau Real Estate, Pizzagalli Construc- tion, Thomas Farrell, State of Vermont and Shelburne Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission June 8, 1991 I ;Orel 4, La 6'-,7- j/ RESOURCE �YSTEMS GROUP qq 000 lq3 t-1n:h 6e? e enI INTRODUCTION The UM Park project, located on the am from McIntosh Drive, has proposed a change in land use from previous plans. The project formorly consisted of construction of 150 apartment units, rcnovali011 of an existing 40 unit efficiency hotel, 40,00t1 square feet of retail space, and 60,000 square feet of office space. Now, it is proposed that the 60,000 square feet of office be replaced by a 1200 scat cinema complex. This report will summarize findings of earlier reports, and provide results of data collection and analysis that was performed to estimate the number of vehicle trips generated by UM Park, and on the effects of L&M traffic on level of service on Shelburne Road. SUMMARY OF PROJECT HISTORY Plans for L&M Park were submitted for preliminary site plan review in December of 1989. Traffic issues were covered in detail at that time by a full traffic impact report prepared by Resource Systems Group. The following items summarize the findings and conclusions of that traffic sit i,ly. Trip generation from L&M Park was estimated to be 623 trips during the PM peak hour of traffic, based on proposed Li tid use as retail, office, hotel and apartment units. Level of service analyses were done for 13 intersections along the Shelburne Road corridor. The results indicated that these inic rsections could absorb this number of trips and niaintain a level of serk ice of "C or better, except for the intersections of Green Mountain Drive and Allen Street with Shelbunic Road, which already have lower levels of service. • At project hearings and afterward, there was discussion with the Chittenden County Regional Planning Commission about the possibility of implementing a Transportation Management Association (TMA) in an effort to tnitigafe the impacts along Shelburne Road of trip. from L&M Park. The current plans for L&M Park have reptaccd (tic 60,000 square feet of office space with a 1200 seat cinema. Cinemas will obviously have different trip generation characteristics than an office building. In effort to quantify the trip generation characteristics of a cinema, several traffic counts were performed, described in more detail below. uii.Ii ,_Ii 11.IU r .« , L&M PARK, October, 1990 Page 2 TRIP GENERATION STUDY Thor(' is very tittle data available on trip goneration from large cinemas, such as the one contemplated for L&M Park. It i$ also difficult to isolate and count traffic volumes at most cinemas, as they are often located in large shopping centers in order to take advantage of shared parking requirements. Traffic at the Loews Lebanon Cinema 6, an 830 seat theatre located in Lebanon, New Hampshire, was counted from 4:30 to 5:30 on Friday, September 28, 1990. Shows started between 4:45 and 5:30. It was :flso counted on Saturday, .September 29, 1990, from 12:30 PM to 1:30 PM, with shows starting between 12:45 and 1:301'M. The results show that 3.7 trips per 100 seats are generated during the PM r—Ac h—r of traffic, with 71 p@reent ontorir%Lq. Tho followins table comparco these results, projected to a 1200 scat theatre, with the trip gencralion for the 60,000 square foot office building. TABLF 1: TRIP GENERATION FROM L&M PARK Type Retail Housing Office Cinema TOTAL Size 40" sq ft 1123 units 60,000 sq ft Z" seats Old L&M Plan 387 — 387 107 107 129 45 623 vr>h 539 vph New L&M Plan %,aocd on 150 new housing units, replacing 27 existing units, with 123 not new units, 40 unit hotel is conrldere.d to replace existing Larkin Court. The table: above indicates that there will be a reduction of 84 trips from that projected in the December, 1989 report. SATURDAY PEAK HOUR ANALYSIS The intersection of McIntosh/Larkin Court/'Shelburne Road was analyzed to determine level of service during the Saturday p<:ak hour of traffic. A traffic count was done on Saturday, October 29, 1990 at the intersection of McIntosh, Larkin Court and Shelburne Road. The traffic generated by the development on a Saturday was estimated for each component of the development, and added to existing Saturday peak hour traffic, 1� 'SOL)IiCE Peak hour traffic at the intersection was found to occur between 11:tK1 AM �YSTFMS and 12 noon on Saturdays. During this period, the movie theatre will not have GROUP any shows. However, to conservatively estimate the Saturday level of service, I' , ., V .,,,..1 --L J , -."- J. V ( I LL I1V . v --- - I. -1. . 1 I r -1 1 1 _ 1 t . • - -r L&M PARK, October, 1990 Page 3 the analysis combined peak hour traffic on Shelburne Road and peak hour trip generation, which which are actually unlikely to occur at the same time. The results indicate that the Saturday peak hour level of service is "B", with 552 trips from L&M Park. Saturday peak hour traffic on Shelburne Road is lower than weekday PM peak hour traffic, which allows enough capacity on Shelburne Road to serve the traffic from L&M Park. The level of service on Saturday is significantly better that that on a weekday, primarily due to the lower background traffic. CONCLUSIONS The Change in proposed land use in L&M Park from office space to a cinema should result in a lower number of peak hour trips generated from the park. Although the Saturday trip generation from a cinema will be higher, the lower background traffic volumes on Saturday will result in good level of service on Saturdays (13). The findings of the December, 1989 report regarding the number of vehicle trips that could be supported by the existing Shelburne Road infrastructure have not changed. A trip bank should be allocated to 1.&M Park, based on the analysis in the December, 1989 report. In order to mitigate effects along the Shelburne Road corridor, a Transportation Management Association (TMA), should be implemented, as recommended by the Cluttenden County Regional Planning Commission. R SOURCE' YSTEMS GROUP Res`our,ce Susteros Group TEL No .80264y5S(1 Juii Jl V MEMORANDUM TO: Joe Weith, City Planner FROM : Lucy Gibson, Resource Systems Group R0?S01,11 C:1? RE: L&M Park Trip Generation S'I'I:ti S DATE: Jtine 25,1991 (R01?I' 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. ' �" I'�' PROJECT DESCRIPTION Nor%%1, h. The current plans for L&M Park include a 1,0W seat theater,150 new units of housing, and 40,000 square feet of retail space. In our previous report, it was planned that 27 of the existing hotel/efficiency apartment units would be t n\ „1 • G P' „ ! 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 j component are described separately below. j MOVIE TtIE:ATCK 7'KIP CENERATtUN Table 1 shows the various PM peak hour trip generation talcs for movie ! theaters, projected for a 1000 seat theater. 4 TABLE 1: MOVIE THEATRE TRIP GENERATION TYPE' Rate Source-- R5G Count, October,1990 37 Lebanon, NI -I Super Six Cinerna RISC, Count, June,1991 60 Lebanon, NH Super Six Cinema Movie Theater without Matincc 260 ITE Trip Generation, 5c1i edition Movie Theater with Matinee 60 ITL' Trip Generation, 51' 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 Pvver/Hanover area. During both counts, popular movies were being shown, including "Goodfellas" in October, the Academy Award Best Picture; and "Robin I lood" and several other new summer releases in the Juno count- The tune count should reflect peak condition..-', as all schools in the area were out for the summer at the time of the count. UUI CC 1113 U4 UU(' ILL- 14U oULU.47Jaf L jun.L7.yi z�:55 r.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 seat theater. RESIVENTIAL 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 1TF manual recommends using other more specific land use codes 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. in: Land Use Type Residential Condominium/Townhouse (Coda 2,30) Apartment (Code 220) Residential Planned Unit Development (Code 27( Tri 87 93 116 The average of the three above numbers is 99, which is tjsW below to estimate the trips generated by the residential portion of L&M Park. RE2 AIL Because little is known about the exact nature of the retail use that may occupy L&M Park, the Shopping Center (Code 820) for projects under 600,000 square feet was used to estimate the number of retail trip> from I.&M Park, resulting in 3661'M peak hour trips from 40,000 square feet of retail space. S0uf Ce iyStelll_ IJf UUF' I r-L IVU .0Q VtiJJJ1 L - -- - - J. WIE'fH, June 2,5,1991 rage 3 OVERALL TRIP GENERATION Table 3 shows the trip generation from each component of L&M Park, which were derived as described above. TABLE 3: L.&M I'ARK TRIP GENERATION Land Use # Units PM peak hour trips Residential 150 dwellings 99 Movie Theater 1000 seats 104 Retail40,000 square feet W TOTAL 569 Tliis total number of trips is well within tho allowed 623 PM peak hour trips that have been approved for L&M Park. It Ke,sour'ce -�yStefns croup ILL NO.6ULb4y5Jf1 ,JU11 . L.J f Jl 1" - J I 1 . UL Land Use: 270 Residential Planned Unit Development (P.U-D.) Description Residential planned unit developments, for the purposes of trip generation, are defined as containing any combination of residential land uses, and might also contain supporting services such as limited retail and recreational facilities. Caution - The description of a P.U.D. Is general In nature since these developments vary by density and type of dwelling. It Is therefore recommended that when Information on the number and type of dwellings /s known, the trip generation should be calculated on the basis of the known type of dwellings rather than on the basis of land use 270. These data for lend use 270 are provided as general Information and would be applicable only when the number of dwellings are known. Additional Data nformation on transit trip ends is not available. nforrnatior, on person trip ends is not available. nformation on truck trips is not available. nformation on vehicle occupancy is not available. nformation on peak hours of the generator Is not available. studies wore conducted in the late 1970's through mid-1980's, at sites throughout the United IS. urce Numbers , 11, 13, 16, 26, 95, 110, 111, 119, 165, 169, 192, 193, 244 Generation, January 1991 503 Institute of Transportation Engineers 9stems-GrOUP TEL No.8026495371 Re,4soidential planned Unit Development (270) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 17 Av rage Number of Dwelling Units: 991 Directional Distribution: 66% entering, 34% exiting 7rCb. rnhcrstinn parnWP_ilinm Unit .. ---- -- - - - - Average Rate Range of Rates Standard Deviation 0.62 0.42 - 1.13 0.80 Data Plot and Equation j 3,000 -- - 2,000 1,000 0 0 1000 2000 X = Number of Dwelling Units x Actual pate Points Fitted Cur-je Fitted Curve Equation: Ln(T) a 0,893 Ln(X) + 0.280 3000 - - - - - - Average Rate R2 -- 0.97 9VVV TAP enorAtlon, January 1991 506 Institute of Transportation Engineers Resource Systems Group ILL NO.ZW-404yZ)Jrl i Q Tr Residential Condominium/Townhouse (230) Overage Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 54 rage Number of Dwelling Units: 200 Directional Distribution: 66% entering, 34% exiting i Generation per Dwelling Unit _ _T Average Rate Range of Rates y Standard Deviation il 0.55 0.18 - 1.24 — —� 0.76 Data plot and Equation R n X -T---r —r-- O 100 200 300 400 500 600 700 $00 X = Number of Dwelling Units X Actual Data Points Fitted Curve Fitted Curve Equation: Ln(T) = 0.818 Ln(X) + 0.368 900 1000 1100 1200 1300 - - - - - - Average Rate R2 = 0.78 Resource Systems uruuN JCL 14Uu -� Ar I Apartment (220) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic One Hour Between 4 and 6 p.m. Number of Studies: 102 Average Number of Dwelling Units: 236 Directional Distribution: 680o entering, 32% exiting Trip Generation per Dwelling Unit Average Rate _ Range of Rates _ Standard Deviation F� 0.63 0.10 - 1.64 _ 0.84 Dota Plot and Equation Ii o 6004... C 500 x 400 ... ......... .. ... '..,` ... ...� 300 / :x X'.� X 200 >{X X( 100 Xj{ . . .. . ......... x'C. X k 0 _ X x y, I 0 100 200 300 400 500 hoc 700 600 900 1000 1100 X = Number of Dwelling Units X Actual Data Points Fitted Curve - • - • Average Rote Fitted Curve Equation: Ln(T) = 0.928 Ln(X) - 0.118 R2 - 0.69 Qonerati•:�rr, January 1991 313 Institute of Transportation Engineers ,a UI UUI- 1 GL I I U .:O U L U 14 J1 �y f J U I I L_J r V1 114 J f . UU E S opping Center, Less Than 600,000 SF GLA (820) Average Vehicle Trip Ends vs: 1000 Sq. Feet Grass Leasable Area On a: WM:dy, PM Pk Hr of Adj St Traffic Number of Studies: 345 Average 1000 Sq. Feet GLA: 406 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Leasable Area Average Rate Range of Rates Standard Deviation See Table 1 N/A N/A Data Plot and i=quation �T — (Subset of Data Plotted) 4,00c 3,00C�..... .. ..,. x ' X 2.000 _ .......... . x x. X x :x X x x KF. x' xX x x is h" = XX r';Y > h > ! Xx x. YX "' x x x x x X 0 100 200 300 400 500 X = 1000 Sq. Feet Gross Leasable Area x Aatusi Data Points - — Fitted Curve - - - - - - Average Rate Fitted Curve Equation: Ln(T) = 0.637 Ln(X) + 3.553 R2 . 0.61 Trip Goneratlon, January 1991 600 123" Institute of Transportation Engineers { 7-iz I e CtcxiEtzlTs o.J l_i-m rA m Ic. L40+Oda ¢i X I q 3 Qhj ► rs x --T R IE A-rx.E I1000 SATs x 9.G7s T,ps 11vvv 0 _ D. ?? Tr,rs A 4 17- ©, ILItI-rKIPs/'rE .-r 3. g'7. lzq DTtAAsED oO 1 SV �1EW 4odri,-)5 L)PJ rt 14GPl,ACI-vCT 7 '4--kr's�",�r[�- 0-0TEI upi'Ts Wourwa ,4j IN3 A-Lw7 NEw vAJI-M . �D utj iT- vTV l At_-90% b y 1; X n n .i cr W, rya to r r LA F l o C00-0-r 'VfsLo mcoiT © Av gvLA Crg' © r A N 0 R.-W Cda &J -r- DA.T& OP41118 ..alkli 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, November 19, 1991 at 7:30 P.M. to consider the following: 1) Request by Gerald Milot and John Larkin to amend a condition of approval granted by the South Burlington Planning Commission for construction of a planned commercial development consisting of 150 residential units, a 60 room hotel, 20,000 square foot movie theater and 40,000 square feet of retail use located on Shelburne Road. The request is to amend a condition requiring all proposed intersection improvements on Route 7 (i.e., new signal, synchronization of signals from I-189 to Allen Road, deceleration lane) to be completed prior to issuance of an occu- pancy permit. 2) Revised Final Plat application of University Trust for change in circulation during the holiday University Mall property, Dorset Street. Mall Realty season on the Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission November 2, 1991 9 AL14 ZONING BOARD OF ADJUSTMENT AUGUST 12, 1991 The South Burlington Zoning Board of Adjustment held a meeting on Monday, August 12, 1991 at 7:0n P.m. at the City Hall. Room, 575 Dorset Street, Members Present Fred Blais, Chairman, Maureen O'Brien, George Chamber -land, Stephen Kramer and Dennis Johnson Members Absent roe Randazzo and Dan King Others Present Dick Ward, Zoning Administrator, Paul Adams, John Steele, Greg Rabideau, Gerry Milot, Bill Savoie, Peter Val Preda and Larry Press No. 1 Appeal of Gerald Milot and John Larkin Appeal of Gerald Milot and John Larkin seeking approval from Section 11.50 Planned Commercial Development sub section 11.502(b) multi -family units. Re- quest is for permission to construct 150 multi -family units in 7 buildings in conjunction with 40,000 square feet of retail area and a 20,000 square foot movie theater on a parcel containing 92 acres, located off Shelburne Road rear of South Building Chrysler. Mr. Ward informed the Board the area is'zoned C-I District. Section 11.50 Planned Commercial Development - sub section 11.502(b) apartments and multi- family dwellings. Section 19.05 sub section 19.051 and 19.052 conditional uses. Proposed 150 multi -family units in 7 buildings in conjunction with 40,000 square feet of retail area and 1000 seat movie theats>r. The project has been approved by the Planning Commission. Also on the site will be the existing motel owned by John Larkin. Mr. Milot reviews the map of the project with the Board members Mr. Johnson asked if there are any traffic lights. Mr. Milot replied yes and shows the Board Members the location of the traffic light on the map. Maureen O'Brien asked if these are- going to be private strcets. Mr. Milot replied no, it is going to be a public street through the project, and private roads through the residential area. Mr. Milot addressed the 5. Criteria for Conditional Use as fellows a) The capacity of existing and planneo community facilities. We have a Letter from the Superintendent of Schools that we must phase the residential development into a two-year phase, 75 units per year maximum. We will gener- ate a total of 50 students, and it was felt by the School Board that we did not have any impact on the present school system. We have letters from the Fire Chief and the Police Chief stating trey car, service the rf Zvi>?opment. WC? 0 are going to construct a public road and we have covenants to maintain the private road. The City Manager has stated there is sufficient landfill space to handle the residential aspect of this development. Mr. Ward asked what is the sewage plan for the development. Mr. Milot in- formed the Board that they have a set aside in the sewer system on Bartletts Bay. We have a set aside of 36,000 gallons at this time. We are in line for another 20,000 gallons if and when the sewage treatment plant is upgraded. We can go ahead and build the commercial development and approximately two-thirds of the residential area. We will have to wait before we can complete the development and one of two things can happen either 1) the plan gets canceled; or 2) an upgrade study is presently funded for the upgrade of Bartlett Bay's treatment plant. b) Mr. Milot informed the Board that there is a large amount of buffer area which is landscape between the project and other commercial lots. There is a conservation district which separates our residential unit from our commercial project. The theater is very well isolated from any other potential use. There is no natural wildlife habitat or rare natural areas on the site. We are well screened from adjoining properties by vegetation. Our street light- ing is all controlled by Act 250. The pool area lighting was critiqued by Act 250 and found acceptable. The residential buildings will be a three-story building with parking underneath so we are maximizing the open space on the site. c) The traffic on the road and highway. The reason for planning a residen- tial area rather than all commercial area was to try and minimize the impact of traffic on Shelburne Road. We met -with the Regional Planning Commission and the City and came up with a plan to create a Traffic Management Authority for Shelburne Road. We are providing a location for that individual and we are going to fund it for a year and a half. The individual's job is to get out to the businesses on Shelburne Road to see what he can put into effect to minimize the peak hour traffic trips and working with the companies talking about car-pooling, van -pooling and staggering of work hours so as to cut down on the amount of traffic that flows on Shelburne Road. This would reduce the peak hour trips by 15%. d) Mr. Milot is unaware of any bylaws in effect that cover this land. e) The utilization of renewable energy resources. We have been through Act 250, they govern the residential units much tighter than the commercial units. We ;lave all gas heat and water saving devices instaljed in all of the con- dominiums. M:-. Blais asked the Board if anyone feels there is a need for an administra- tive review of the mixed uses beyond the uses already defined, that is the residential component and the movie theater. Mr. Milot informed the Board that the most obnoxious use would be retail or a restaurant. We will have those uses identified by the end of the year. Maureen O'Brien said I would like to make the stipulat__o;; that t);ere by an ad- ministrative review of the mixed uses other than thos—z alr a� �icentifi .. This was seconded by Mr. Johnson and all voted ayt The aopeai was granted,:,,sly. STATE OF VERMONT AGtNCY OF NATURAL RESOURCES INTERAGENCY ACT 250 REVIEW COMMITTEE RE: Gerald Milot, ) DISTRICT ENVIRONMENTAL John Larkin, ) COMMISSION IV James Fayette, and ) Vermont National Bank ) APPLICATION #4C0877-1 August 20, 1991 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 Criterion l(B) - STORMWATER DISCHARGE The Permits, Compliance and Protection Division of the Department of Environmental Conservation has reviewed this application and reports that more information is required to determine whether a stormwater discharge permit amendment is required. The Permits Section will contact the applicants' engineer for further information needed to make that determination. The Discharge Permit (#1-0525) issued for the park on August 5, 1991 does not specifically address the current proposed project. Based on preliminau discussions and a site visit, this proposal should not require a permit amendment. However, the Permits Section will respond with a formal determination after receipt of further information. Criteria 9(F) and 9(J) - ENERGY CONSERVATION and PUBLIC UTILITIES Stuart Slote, Energy Engineer with the Department of Public Service, has been working with the applicants and reports that all of his concerns appear to be resolved. Mr. Slote is awaiting a letter of confirmation from the applicants' architect. Dated this 20th day of August, 1991, at Waterbury, Vermont. Respectfully submitted, State of Vermont Agency of Natural Resources By: Kurt J so , Esq. Land UseAttorney 4+ CERTIFICATE OF SERVICE I hereby certify that I, Lori McAllister, Secretary for the Planning Division of the Vermont Agency of Natural Resources, sent a copy of the foregoing Entry of Appearance and Prehearing Comments, dated August 20, 1991 regarding File #4C0877-1 (Gerald Milot, John Larkin, James Fayette and Vermont National Bank), by U.S. mail, postage prepaid, to the following: Gerald Milot P.O. Box 4193 Burlington, VT 05402 John Larkin 410 Shelburne Road South Burlington, VT 05403 James Fayette 1930 Shelburne Road Shelburne, VT 05482 Thomas Johnson Vermont National Bank P.O. Box 804 100 Main Street Brattleboro, VT 05301 Margaret Picard, City Clerk Chairperson, Board of Selectmen Chairperson, City Planning Commission Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 John Steele, Engineer Fitzpatrick -Llewellyn Inc. One Wentworth Drive Williston, VT 05495 Arthur Hogan, Jr., Executive Director Chittenden County Regional Planning Commission P.O. Box 108 Essex Junction, VT 05453 Dated at Waterbury, Vermont, this day of August 20, 1991. Lori McAllister, Secretary 4+ �- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 18, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05406 Re: L&M Park Dear Gerry: ZONING ADMINISTRATOR 658-7958 Be advised that the City agrees to the issuance of a permit which allows for construction of the theaters. Since performance bonds were posted for only phase I, no other construction will be allowed until all conditions of approval have been satisfied. We request that all illegal documents be forwarded to Attorney Steve Stitzel-within 60 days. We also will require that you submit a letter from VAOT approving your proposed improvements on Route 7 and that these improvements be completed prior to occupancy of the theater. I understand that a revised plan (required as of June 15, 1991), has been submitted to the Planning Office and is acceptable. If you have any questions please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 6, 1991 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: L&M Park, Theater Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the June 25, 1991 Planning Commis- sion meeting minutes. If you have any questions, please give me a call. P , City Planner 1 Encl JW/mcp cc: John Steele John Larkin CITY OF SOUTH BURLINGTON 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 Charles E. Hafter City Manager PHONE NUMBER: (802) 658-7953 FAX NUMBER: (802) 658-4748 PLEASE DELIVER THE FOLLOWING PAGES(S) TO: NAME: /N 45�+G FIRM: _ F172)-1 AT lr;� TELECOPIER NO: Q DATE: / y� 9/ I TIME: �, 6 TOTAL NUMBER OF PAGES (including cover sheet): _ Z FROM: V &ej It� IF YOU DO NOT RECIEVE ALL THE PAGES, PLEASE CALL-(802) 658-7953. TRANSMITTED BY: COMMENTS: 1 /v► ' ,4v No Text �/3v � / G�c �-► � -�f�� 1 C � TY GE��/L .S � ic.-E c- ; sc4�'E .�E,Si��/ Cveyl.•Tr lTc C= i fie-'// 5�� 4,� 0 Alo 7t- - �,J::C CAT r-;K oz- J c� CAJ. 7/30/91 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the revised final plat application of John Larkin and Gerald Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residential units, a 60-room hotel, 20,000 square foot movie theater (1,000 seats) and 40,000 square feet of retail use as depicted on a sixteen (16) page set of plans, page one entitled "L&M Park, Overall Site Plan", prepared by Fitzpatrick-Llwellyn, Inc. and dated June 1990, last revised 6/18/91 with the following stipulations: 1. All stipulations contained in the 6/25/91 approval which are not superseded by this approval shall remain in effect. 2. A revised survey plat which shows the new location of the 60 foot r.o.w. connection to the Farrell property to the south shall be submitted to the City Planner for approval prior to recording. 3. The plans shall be revised prior to recording to show: '0" Correct number of parking spaces being provided as indicated in notes 9 and 10 on Sheet 1. �IA Sidewalk along the westernmost access to the north parking lot. C-31) Hydrants located as recommended by the Fire Chief. 4. The final plat plans shall be recorded in the South Burling- ton land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission chairman prior to recording. 7/30/91 JW MOTION OF APPROVAL T .. - - -. 1. �- !-_ _ 1 1 l .. . 1. T1 l _. .. _. /'• _ revised final nlat anpl _cation of John Larkin and (7'--.7111 Mil-t +n revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residential units, a 60-room hotel, 20,000 square foot movie theater (1,000 seats) and 40,000 square feet of retail use as depicted on a sixteen (16) page set of plans, page one entitled "L&M Park, Overall Site Plan", prepared by Fitzpatrick-Llwellyn, Inc. and dated June 1990, last revised 6/18/91 with the following stipulations: 1. All stipulations contained in the 6/25/91 approval which are not superseded by this approval shall remain in effect. 2. A revised survey plat which shows the new location of the 60 foot r.o.w. connection to the Farrell property to the south shall be submitted to the City Planner for approval prior to recording. 3. The plans shall be revised prior to recording to show: 1) Correct number of parking spaces being provided as indicated in notes 9 and.10 on Sheet 1. parking lot. 3) Hydrants located as recommended by the Fire Chief. 4. The final plat plans shall be recorded in the South Burling- ton land records within 90 days or this approval is null and void. The plans shall be signed by the Planning Commission chairman prior to recording. PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION 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, July 30, 1991 at 7:30 P.M. to consider the following: 1) Revised Final Plat application of John Larkin and Gerald Milot to revise the parking layout and circulation of a planned commercial development consisting of 150 multi -family residential units, a 60 room hotel, 20,000 square foot movie theater and 40,000 square feet of retail use 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 Plat application of Garland and Helen Withers for subdivision of approximately 41,700 square feet of land into 2- lots of 15,700 square feet and 27,000 square feet, 265 Kirby Road. The property is bounded by L. Flynn, B. Wall, S. Wall, J.Kirk, Dumont, A. Zeno and Kirby Road. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission July 13, 1991 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 26, 1991 Gerald Milot P.O. Box 4193 Burlington, Vermont 05406-4193 Re: L&M Park, Revised Parking Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette. Please be sure someone is present on Tuesday, July 30, 1991 at 7:30 P.M. to represent your request. S ' n ere], , f oe Weith, City Planner Encls JW/mcp cc: John Larkin John Steele Memorandum - Planning July 30, 1991 agenda items July 26, 1991 Page 2 Recreation fee: The applicant will be required to pay the $200 per unit recreation fee for the new lot prior to issuance of a zoning permit. Other: --- Section 19.202(a) requires this application to be handled as a major subdivision since a lot is being created which has no frontage on a public street. ---The existing shed at the south-easterly corner of the property will have to be moved at least 10 feet from the new property line or torn down prior to recording of the plat. 3) L&M PARK - PARKING REVISION - SKETCH PLAN This project is to redesign the parking layout for the commercial portion of the development. The bank building on previous applications was shown to be expanded. This application indi- cates that it will not be expanded and will remain as is. Access: Access to the parking areas from Fayette Road will remain essentially the same. The only change involves the north- erly parking area where the westerly most access is being moved approximately 145 feet to the east to line up directly across from the access to the theater parking lot. This is an improve- ment. The number of curb cuts off the 60 foot r.o.w. connection to the Farrell property has been reduced from 6 to 4. This is an im- provement. Parking/circulation: The Planning Commission approved 471 park- ing spaces on June 25, 1991 and this revised plan shows 472 spaces. Notes #9 and #10 on sheet 1 should be revised to indi- cate the new number of parking spaces. Parking stall dimensions and aisle widths meet minimum requirements. The number of handicapped spaces remain the same. Landscaping: A 6' - 8' berm and a 4' berm are proposed along the north side of Fayette Road to screen the parking area as stipu- lated in the 6/25/91 approval. Crabapples and Austrian Pines are to be planted on these berms. The overall landscaping plan has slightly changed but it will still meet the minimum landscaping requirement of $107,500. 2 Memorandum - Planning July 30, 1991 agenda items July 26, 1991 Page 3 Other: A sidewalk should be constructed along the westerly access drive to the north parking lot. A sidewalk connection from the Fayette sidewalk to the western most area of the north parking lot should also be considered. 4) CHITTENDEN BANK DRIVE-THRU RECONSIDERATION. 508 SHELBURNE ROAD The purpose of this item is for the Commission to decide whether conditions have substantially changed to justify a rehearing of the application. On September 27, 1988 the Planning Commission approved an addition to the Factory Outlet Mall and issued an 11 page decision (see enclosed). Condition #8 required that the applicant not enter a new lease that provides for the continua- tion of the existing bank drive through facility. This lease will be expiring soon so the applicant is asking that the Plan- ning Commission reconsider this condition to allow the drive through to remain but with some modifications. Condition #8 was imposed to address several concerns which the Commission had with the T.J. Maxx addition application including: 1) traffic impacts at the Shelburne Road intersections, 2) on - site circulation, and 3) on -site parking demand. The applicant prepared an analysis to address these concerns (enclosed). Access: Access to the drive through facility will remain the same except for a minor modification to the entrance which will only slightly increase the length of the two (2) stacking lanes. Parking: The proposed modification to the entrance of the facil- ity will result in the loss of two (2) parallel parking spaces and a handicapped space being converted to a regular non - handicapped space. The study references the parking counts currently being conducted on the property. The counts indicate that there are a sufficient number of parking spaces in the vicinity of the bank, even during peak holiday periods. However, the applicant's study indicates that walk-in customers are parking directly in front of the bank in the travel lane which disrupts circulation. It is the study's conclusion that converting the drive -through bank to a walk-in operation only will result in more people parking in the circula- tion lane, therefore, further disrupting the circulation pattern. 3 N/F MERRIHEW/ POMERLEAU PROPOSED \ j \ MAINTENANCE (� BUILDING l\ 2 i 1 CENTERLINE OF 1^ RAILROAD TRACKS - PROPOSED 62X105' 18 UNIT MULTI- FAMILY STRUCTURE (BLDG. 7) I8 GARAGE SPACES PROPOSED \ 62'X720' 22 UNIT MULTI- FAMILY .STRUCTURE (TYPICAL o , BLDGS 1-6 ) 1 F 22 GARAGE SPACES N/F 1 STATE OF VERMONT \ ` < OWNER/LESSOR VERMONT RAILWAY ,, 1 Z F LESSEE C EXISDNG 16• Ao_ WATER 7RANSM/SSION LOCATION BASED ON AS -BUILT E DRAWING 1 ; 1 � 24' PRI VA 7E ROAD \ l00' R.O.W. TO BE - DEDICATED TO CITY \ PROPOSED l' STORMWATER RETENTION PONDS LEGEND PERIMETER PROPERTY LINE R.O. W. / EASEMENT LINE EDGE OF PAVEMENT ------------- LIMIT OF CONSERVATION ZONE ----------- ------------- LIMIT OF WETLANDS S 70° 57'14" E T 1041. 4B 10' UTILITY ` EASEMENT''\ ,\ (EL£C., Th.) \ TEMPORARY 11 CUL-DE-SAC LOCATION-� N/F FARRELL EXISTING RESERVOIR AND EASEMENT TO BE RESOLVED 32' WIDE PUBLIC STREET WITHIN A 60' RIGHT-OF-WAY TO BE DEDICATED TO CITY -1VED ` YYRECr JUL 10 1991 C,� I� 60' ROW FOR FUTURE ,\ ROADWAY EXTENSION LOCATION OUTSIDE OF CONSERVATION ZONE TO BE DETERMINED AND DEDICATED TO '1nBurlington ' t 1 , THE CITY a1 City Yn f So. Bur lington 100' CONSERVA77ON ZONE I 1 11 EXISRNG 72' SANITARY SEVER EXISTING NATIONAL BANK TO i"- WMIN 20' EASEMENT ) - BE IMPROVED / L N _ b N/F SCUM BURLINGTON �'i BALDIYIN AVE V O CHRYSLER PLYMOUM a_ �p '�_ N 71 ° 22' 41" W N 11.40' WE u",GE Sl8°36'04"W S 70° 47' 26" E \ 125.0 S /8.15' 18" W 525.07- 45.86, TO BE DEDICATED TO THE 168.60 STATE OF VERMONT X/STING CURB CUT —TO REMAIN �S 71.22' 42" £ 188.60' S TI° 22' 42" E -- H . 50, B —S /8.36'04"W 125 00' "W PROVIDE 6U' EASEMENT TO BE DEDICATED TO CITY GRAPHIC SCALE IN reel 1 i..h r 10Q 1L O MAc NTOSH AVE. b FIRE LANE N oC \� D DEVELOPMENT PROPOSED RETAIL COMMERCIAL DEVELOPMENT Lake SOUTH BURLIN LOCUS N07ES 1. OWNER OF RECORD: A4A1S';F4YETTE fAVSHELBURNE ROAD AW"NE, VERMONT 05482 2. APPLICANT.- GERALD,T'' P.O.: 4493'' BURLMM , VERMONT 05402 3. ZONED: COMMERCIAL 1-CONDITIONAL RESIDENTIAL USE PREWOUSL Y APPROVED.BYSOUTH BURLINGTON ZONING BO4RD OF ADXSTMENT. 4. TOTAL PARCEL AREA: ,553. (+/-) ACRES 5. TOPOGRAPHY AND EXI.SIA7G::FEATURES TAKEN FROM A PLAN EN777L£D "L&W BUSINESS PARK ,91 ,=q PLAN' BY DONALD L. HAMLIN, DA7ED 12118186, AND FROM A"77CA77ONS PERFORMED BY THIS OFFICE. PERIMETER PROPERTY . ; INFORMATION TAKEN FROM A PLAN EN777LED ,.LAM PAR?C 0,75 SHELBURNE ROAD, SOU7H BURLINGTON, VERMONT. DRAWNG INWtRS D 3723 AND D 3849, DATED NOVEMBER 1990. LATEST REW510Nc-MRUARY, 1991. 6. EX,ST7NG SANITARY:S(tiO LOCATION AND ELEVATIONS TAKEN FROM DRAWINGS PRONDED,*i7RE CITY OF SOUTH BURLINGTON AND FROM WVESTV-TWS PERFORMED BY THIS OFFICE. EXIS77NG 16" C.W.D. 7RAN-W)=#91MA/N LOCATION BASED FROM INFORMATION PRONDED-BY T17C OTY12FSOU774 BURLINGTON WA7ER DEPARTMENT. ALL LOCATIONS AWTS&RELD VERIFIED PRIOR TO CONSTRUC770N. Z LOCATION AND WIDw,,PAN77aPATED HIGHWAY RIGHT-OF-WAY SHOWN AS DESCR16ED BY:;IWCITY OF SOUTH BURLINGTON CITY PLANNER. 25' SETBACK FROM.-1b Wh MAINTAINED AS S77PULA7ED BY PLANNER. 8. TOTAL MUL77-FAAIX Y' ;gVTS -- 150 TOTAL NUMBER OF AI ;V4FAMILY B1IRDINGS 7 TOTAL •PARKING. SR f .EOUIRED 338 PARKING. SPACESt'i!WATH BUILDING — 150 OPEN -PARKING SPea,'PROVIDED /B8 TOTAL NUMBER OF-IARKING SPACES PRONDED — 338 9. COMMERCIAL/RET IA A AND BANK 20,000 +/- 50,F`T -M4fATER 40,000 SO.FT.-RE7*ft PARKING SPACES VKWD - 401 10. EXISTING 60 UAVT,;NATEL BUILDING _ EXISTING PARK 6'sMcES PROVIDED 70 n+oTG 2'v 7E 9 c i c.4�;crr�E w C - • g 2cv _ _ L & M PARK CA ".AhYPM➢2vWYi. _ r£R.O T OVERALL SITE PLAN —"—, C3 o ucr xuxecA �990 �[14�PQ4G°��C LINCORPORATED JUNf ��� i I •swwxc .xs wvwmc grewtas ,Fl,S.qu VERMONT YIILUSTON VERMONT D 3264 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 16, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: L&M Park, Revised Parking Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of some preliminary comments on the above referenced project from Fire Chief Goddette. If you have any questions, please give me a call. Siri erely, l� 7 oe Weith, ity Planner 1 Encl JW//mcp cc: John Larkin John Steele TO: FROM: RE: DATE: 1. �vutb 6urlingtvn Nire Department 575 +43nrset 4treet Knuth +ilurlinatun. 13ertntmt Q5403 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE JULY 30,1991 AGENDA ITEM TUESDAY JULY 16,1991 L & M PARK SHELBURNE ROAD PROJECT # 88047 PLANS HAVE BEEN REVIEWED BY THIS DEPARTMENT ON THE CHANGE TO THE L & M PROJECT AND AT THIS TIME THE ONLY PROBLEM I SEE WHICH MUST BE CHANGED IS THE LOCATION OF THE HYDRANTS. I HAVE HAD A MEETING WITH MR. JOHN STEELE FROM FITZPATRICK-LLEWELLYN'S OFFICE AND THE CHANGES WILL BE MADE. 4 (802) 658-7960 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 15, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: L&M Park, Sketch Plan, Theater Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the June 4, 1991 Planning Commission meetings minutes. If you have any questions, please give me a call. Si er/�ely, oe Weith, City Planner 1 Encl JW/mcp cc: John Larkin John Steele City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 July 15, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: L&M Park, Revised Parking Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed are my preliminary comments on the above referenced project. If you have any questions, please give me a call. n erely, e Weith, ity Planner Encl JW/mcp cc: John Larkin John Steele M E M O R A N D U M To: Project files From: William J. Szymanski, City Engineer Re: July 30, 1991 agenda items Date: July 15, 1991 L&M PARK.SHELBURNE ROAD 1. All previous review comments have been addressed on plans dated June 1990 with latest revision No. 10 dated 7/10/91. 2. The front building fire lane should be controlled by a gate or other barrier approved by the Fire Chief. PROPOSED BANK - BLUE MALL, DORSET STREET Plan dated June 1991 prepared by Fitzpatrick -Llewellyn is accept- able. WITHERS 2 LOT SUBDIVISION. KIRBY ROAD 1. Long driveway to the back house shall drain toward the back (southerly). 2. The 240 foot long sewer service to the back house shall include at least one clean out. FACTORY OUTLET CENTER, CHITTENDEN BANK Plan dated April 1991 prepared by Fitzpatrick -Llewellyn is ac- ceptable. HOWARD BANK, DORSET SQUARE, 150 DORSET STREET Additional information required. --- indicate existing and proposed traffic circulation pattern. --- show existing connection between the northerly parking area and access lane to the south if this is to be improved and kept open. Otherwise, it should be closed. --- show existing dumpster locations. It appears large dumpsters and cars are being parked in areas that were indicated to be "open areas" on the 1983 approved plan. Other: --- the plan showed 270 parking spaces and 299 spaces are re- quired. This waiver was granted as part of the 1988 approval. --- any additional lighting added as a result of the bank should be shown on the plans and should be downcasting and shielded --- plans should show the Arnold property as part of the PCD since this is the way it was approved in 1983. --- plans submitted are acceptable. 2 CITY OF t=111 UUIZI,IN TION Subdivision Application - FINAL I -II- V 1) Nallle of !Applicant L & M Partnership 2) Name of Sul.xlivision L & M Park 3) Indicate any changes to riame, address;, or phorie r'ruuJxr of owner of. record, applicant, contact person, engineer, surveyor,- attorney or plat- designer since preliminary plat application: ' None 4) Indicate any chanyes to the sUbd i V i S 1Un, SUCh as nuiiix,-r of Lots; or units, property lines, applicant's legal interest- in the property, or clevelutm-mLI-ll. timetable, since preliminary plat- application: Revisions to parking layout; 5) _3ukxnit four copies of a final :met ol..' hl,ano of a final plat tJlus engineering drawincJs and cons.ainind all. inJ:oriwition r.ec.lUirC'd urxler section 20:..1 of the sulxiivision J'ur a minor' sulx_iivision LInc.l under. ts�e::tic�ll 204.1(a) for a itujor S1.1hdiviSi0n. G) SUhrnit two draft copies of all lu(j,al documents r0duir:ed e.uuJer se:ct.ion 202A (11) and (12) of the SUbdivisio n rcryJ.:or a mirIOr: sulx j.vision and under section 204.1(h) for a iiuje�r SUIKlivisiun. __..10..Ju.ly_ 1991 ........-.._._.__. (Siyllature) applicant or contact fx�rsc:An I)aLe, 6/25/91 JW MOTION OF APPROVAL I move the South Burlington Planning Commission approve the re- vised final plat application of John Larkin and Gerald Milot for construction of a planned commercial development consisting of 150 multi -family residential units, a 60-room hotel, 20,000 square foot movie theater (1,000 seats) and 40,000 square feet of retail use as depicted on a nine (9) page set of plans, page one entitled "L&M Park, Overall Site Plan", prepared by Fitzpatrick - Llewellyn, Inc. and dated June 1990, last revised 6/18/91 with the following stipulations: 1. All stipulations contained in the 12/11/90 approval which are not superseded by this approval shall remain in effect. 2. The applicant shall post a $121,500, 3-year landscaping bond prior to permit. This includes $14,000 for street trees (public r.o.w.) and $107,500 for site landscaping. 3. A sewer allocation of 58,060 gpd is granted. This includes a 8,600 gpd credit for the existing hotel units. The 58,060 gpd assumes 52,500 gpd for the residential portion and 5,560 gpd for the commercial portion. Due to limited sewer capacity at the Bartlett Bay Treatment facility, only 51,552 gpd shall be consid- ered reserved capacity as approved on 12/11/90. The remaining 6,508 shall be placed as #1 on a waiting list until such time as sufficient capacity is available as determined by the City Plan- ner. This p.o�ect is approved for 338 re idential parking spaces nd 401 c ercial parking spaces. Th 01 commerc" 1 parking paces rep sent a shortfrll of 157 spa or 25% fro 'the totppl r umber re, aired by thej` oni.ng regulat ns . It is �he CommS- s"on's opt ion that the�'4 1 spaces will•,✓ dequately see parking dem due to the varied eak parking pe "ods fob. -the different uses. �� �.-= � ���-._._ � --� - __ ---- • _ It is anticipated that the project will generate 569 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. K'.d. The revised final plat shall be revised prior to recording to show the following: a') More shrubbe and landscaping/along parking areas fronting Fayette Road to better screen parking lots from public r.o.w. t y 00 /A,,,. 7. The revised final plat shall be signed by the Planning Com- mission chairman or clerk and recorded in the South Burlington land records within 90 days or this approval is null and void. Gfv PLANNING COMMISSION 4 June 1991 page 5 6. Sketch Plan application of Gerald Milot and John Larkin to amend the approved plat for a residential/retail/office/hotel planned commercial development to replace a 60,000 sq. ft. office building with a 20,000 sq. ft., 1000 seat movie theatre, Shelburne Rd.. Mr. Rabideau said they are only substituting the theatre for the office building. There is no change in the retail buildings. The rear building of Larkin Terrace will remain until the project is further along. Mr. Craig said he had a problem with an approved plan showing no building and a revised plan which still has that building. He felt the Commission needed to know when that building will be taken out. Mr. Weith suggested approving the plan with that building remaining as part of the plan. Mr. Austin said they need to show the building in order to see circulation, fire protection, etc. Mr. Craig said the Commission must also say there is an understanding that the building will disappear when the northeast part of the lot is developed. If that building is on the plan, he wants an indication that it will eventually be removed. Mr. Rabideau said they could stipulate a time certain when the building would come down. Mr. Burgess suggested stipulating that the second hotel building comes down when anything is proposed in the northeast portion of the lot. It was noted that there is another problem with this as part of the parking for the theatre is on the other side of the road (134 spaces). Mr. Rabideau said they are going to ask for a shared parking arrangement. Mr. Craig asked if putting in the theatre will trigger improvement on Shelburne Rd. Mr. Rabideau said it would with the approval of the State. Mr. Craig was concerned as to whether the interior road was sufficient to handle what will be built. He said the Commission doesn't want to jeopardize the road it fought so hard to get. He said he wanted to see what it will look like when it becomes a road. 7. Discuss proposal by Dan O'Brien to amend the Future Land Use Map in the proposed 1991 Comprehensive Plan as it relates to land along Old Farm Road: Mr. O'Brien said he wants the Commercial zone to go further than the City Planner suggests because of noise from the Airport. Mr. No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 14, 1991 Gerald Milot P.O. Boy; 4193 Burlington, Vermont. 05401 Re: L&M Park, Revised Final Plat, Theater Dear Mr. Mi.lot-: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of some preliminary comments on the above referenced project from City Engineer Bill Szymanski and myself. Please submit revised plans no later than June 18, 1991. If you have any questions, please give me a call. 1 cerely, oe 4Weith, City Planner JW1mcp Encls cc: John Lark -in John Steele M E M O R A N D U M To: Project Files From: Joe Weith, City Planner Re: Preliminary Comments, June 25, 1991 Agenda items Date: May 11, 1991 L&M PARK, THEATER, REVISED FINAL PLAT The following changes should be made to the plans: --- plans should indicate that the 20 unit hotel building is existing. --- under Plant List on sheet 14 it says sheet 13, this should be changed to sheet 14. --- under Plant List on sheets 15 and 16 it says sheets 14 and 15 and it should be changed to read 15 and 16. --- see Bill Szymanski's memo. --- since bank parking spaces are included in the parking calcu- lation under note #9 on sheet. 1, the bank itself should be listed here also. --- commercial parking lot is short one (1) handicapped space. Additional information needed: --- square footage of floor area devoted to general banking services for public use and square footage of office use at the Vermont Federal Bank building. QUARRY HILL CLUB MINI -GOLF & DRIVING RANGE, SPEAR STREET --- detailed lighting information should be submitted. --- more detail on parking layout, should show limits of parking areas and individual parking spaces. --- more information is needed on the roadway serving mini -golf such as width, type of surface, etc. and it must also be shown on the plan. --- means of preventing access to the site from Gaynes. --- when Horizon Heights residential development was approved on March 22, 1977 the Planning Commission imposed the condition that the "Quarry Hill Road so-called, shall be fully upgraded to city design and construction standards in the evert. of: a) addition- al subdivision, or b) substantial further development". --- a planting schedule should be included which lists the type, size and quantity of each plant. i�l 7 . . .......... 'olc) oLk 3 1,16 t - (47 o� 46 3, 75— UP KfA 4�1ti ;7z CITY OF SOUI'II LlURLIW7IUN SulAivision Application - FINAL PLAT 1) Nane of Applicant Gerald -Milot and John Larkin 2) Nam of Sulxli.vision L & M Park, Shelburne Road 3) Indicate any changes to nwile, address, or phone nwdx,r of owner of reuurd, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat application;I None 4) Indicate any changes to the sukxlivlsiun, such as nwmber of lots or units, prolx--rLy lines, applicant':; legal interest in the prolxrty, or (Jove lul)1ianttIL tiny,tcible, since preliminary plat ahhlicatiun: 20,000 sf movie theater in li_9LL.__.__.. of 60,000 sf office building; retention of rear units of Larkin Terrace; expanded north side theater parking; shift of north -south service cdIlectbr 70' to the west. 5) Sukimit four copies of a final seL of pl,:uls L-ullsiJtiIKJ of a final plat- plun engineering drawirnas and containing all information reduirCd urxaer section 20::.1 of the sulxi.ivision rOgulciLions for a minor subdivision and wxler Sur-Lic�il 204.1(L-i) for a major subdivisiun. 0) Submit two draft- copies of all legal ckx:unK_-nL!; required% under- se.�ction 202.1 (11) and (12) of the subdivision i egul,ltions for a miixrr sulxlivision find under section 204.1(b) for a i ijoi- sulKlivision. !June 5, 1991____ Ike Le John A. Steele , e 0-ka 4, ,-6 07- Memorandum - Planning June 4, 1991 agenda items May 31, 1991 Page 7 6) L&M PARK, THEATER, SKETCH PLAN The developers are proposing changes to the commercial portion of their development. These changes include reducing the size of the retail building from 40,000 square feet and splitting it into two (2) buildings of 11,500 square feet and 20,500 square feet, changing the 60,000 square foot office building to a 20,000 square foot theater (1,000 seats) and leaving a portion of the hotel complex standing as opposed to having it razed as was previously proposed. Access: Access from Shelburne Road will not be changed. Coverage/setbacks: These numbers will be reviewed prior to the Revised Final Plat hearing. Parking: Parking layout and numbers will be changing. This will all be reviewed before Tuesday's meeting. Landscaping: Landscaping will be changing and should be shown on the Revised Final Plat. Revised plans will be required. Traffic: The applicant has indicated that the P.M. peak hour trip generation will be reduced from 623 vehicles per hour to 535 vehicles per hour for the entire project. Sewer: This will be provided at Tuesday's meeting. North Collector: During the planing study presentation by Pomer- leau Real Estate a few weeks ago, there was a lot of discussion concerning a future north -south collector connecting Queen City Park Road and Holmes Road. It was brought up during this discus- sion that perhaps the better location for the future connection to the Farrell property would be further west than previously proposed, perhaps behind the proposed theater building. The applicant should consider this. 7) DAN O'BRIEN PROPOSAL - OLD FARM ROAD Dan O'Brien has staked his property on Old Farm Road to show where he believes the limits of the existing R1 zone should extend. Please visit and walk the site this weekend. 7 TO: FROM: RE: DATE: 1. 2. nisi + J urltuutou Y ire +40 cparfinent 175 Dunict i�',trcct Knuth +! urlitultim. llcri writ U5�111 � SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY JUNE 4,1991 AGENDA ITEM THURSDAY MAY 30, 1991 L&M PARK SHELBURNE ROAD PLAN DATED MAY 23,1991 THE PLAN HAS BEEN REVIEWED BY THE FIRE DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM WITH THE OVERALL PROJECT BUT BEFORE THE FINAL APPROVAL THE WATER SYSTEM AND HYDRANT SYSTEM MUST BE COMPLETED FOR APPROVAL. 358 DORSET STREET WHITTLESEY LOT PLAN REVIEWED BY THIS DEPARTMENT AND AT THIS TIME I DO NOT SEE A PROBLEM FOR THE FIRE DEPARTMENT, BUT IF ANY CHANGES ARE DONE TO THE BUILDING IN OR OUTSIDE THEN PLANS MUST BE REVIEWED BY THE DEPARTMENT OF LABOR & INDUSTRY STATE OF VERMONT TO MAKE SURE THE BUILDING MEETS CODE FOR SAFETY FOR THE PUBLIC. 3. HAL BENSEN PROPERTY SUBDIVISION PLANS WERE REVIEWED BY THIS DEPARTMENT ON THIS PROPOSAL AND AT THIS TIME I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT. �t (802) 658-7960 \ N/F MERRAWIV/ POIERLEAU ' S 701 57' I \ j 1041. 48' 10' UTILITY \ F PROPOSED H EASEMENT A 60'RO.W FOR FUTURE \ MAINTENANCE G (ELEC., TEL.) ROADWAY EXTENSION BU/LDINS 1 LOCATION OUTSIDE OF \ TEMPORARY CONSERVATION ZONE \ CUL-DE-SAC TO BE DETERMINED LOCATION 1 AND THE DEDICATED TO CITY 100' CONSERVARON ZONE CENTERLINE OF / E nm 2 ' E SANITARY SEMER �n� � � � 1 IBRIlN 20' EASEMENT RAILROAD TRACKS PROPOSED \ r N/i SOUIN BURLWGTON 62'XI05' 18 UNIT MULTI- , I (ACHRYSLER PL)I/OURV FAMILY STRUCTURE (BLDG 7) 18 GARAGE SPACESIL pROP01 D 20' SI8.36'04"W \ \ JAUN S 70. 47' R5" E 12 . \ r 525.07' PROPOSED 62'XI20' 22 UNIT MULTI- FAMILY .STRUCTURE (TYPICAL BLDGS I-6 ) 1 / 0 / 22 GARAGE SPACES N/F STATE OF VERMONT \ G I OWNER/LESSOR I / VERMONT RAILWAY ? I } LESSEE EXIS7INC II' WATER TRANSMISSION LOCATION BASED 1 ON AS -BUILT / I DRAWING 1 1 24' PRIVATE ROADall/ 1 I00' R.OW. TO BE \ DEDICATED TO CIT \ 1 N/F FARRE L EXISTING RESERVOIR AND EASEMENT TO BE RESOLVED 32' WIDE PUBLIC STREET WITHIN A 60' RIGHT —OF —WA TO BE DEDICATED TO CITY LEGEND PERIMETER PROPERTY LINE r R.O.W. / EASEMENT UNE EDGE OF PAVEMENT ------------- UM/T OF CONSERVATION ZONE ------------- - - LlM/T OF WETLANDS 'W PROVIDE 60' EASEMENT TO BE DEDICATED TO CITY GRAPHIC SCALE ( IN Ma T 1 inch I00 Il JUN 0 7 1991 City of So. Burlington s EXISTING VERMONT NATIONAL BANK TO BE IMPROVED MALpMW AW- N 71.2Z' 41" W 11.40' S /B• l5' /B" W 45.86' TO BE DEDICATED TO THE STATE OF VERMONT XYS77NO CURB CUT TO REMAIN �S 71.22' 42" £ I88.60' S 71.22''2" E 11.50 S /8.36'04'W H 125.00' PROPOSED T� 40,000 SF RETAIL PROPOSED RETAIL / COMMERCIAL DEVELOPMENT O MACNT094 AYE FIRE LANE o� Ieav�se for o�w�w-.pow ro mwocn Wrr.+ ravir�o,., + � ¢.,nee em i vow Try iti.Tr� 4. �caL.eS REVISIONS NO TES 1. OWNER OF RECORD: JAMES FAYETTE SOUTH LOCUS "rs 1930 SHELBURNE ROAD SHELBURN& VERMONT 05482 2. APPLICANT• GERALD MILOT P.O. BOX 4193 BURLINGTON, WRMONT 05402 J. ZONED: COMMERCIAL 1. CONDITIONAL RESIDENTIAL USE PREVIOUSLY APPROVED BY SOUTH BURLINGTON ZONING BOARD OF ADJUSTMENT. 4. TOTAL PARCEL AREA: 33.5J (+/-) ACRES 5. TOPOGRAPHY AND EXISTING FEATURES TAKEN FROM A PLAN ENTI7LED `LAM BUSINESS PARK SKETCH PLAN" BY DONALD L. HAMLIN, DATED 12118186, AND FROM INVESTIGATIONS PERFORMED BY THIS OFFICE. PERIMETER PROPERTY LINE INFORMATION TAKEN FROM A PLAN ENTITLED -LdM PARK 11175 SHELBURNE ROAD, SOUTH BURLINGTON, VERMONT-, DRAWING NUMBERS D 372J AND D 3849, DATED NOVEMBER 199a LATEST REVISION FEBRUARY. 1991. 6. EXISTING SANITARY SEWER LOCATION AND ELEVATIONS TAKEN FROM DRAWINGS PROVIDED BY THE CITY OF SOUTH BURLINGTON AND FROM INVESTIGATIONS PERFORMED BY THIS OFFICE. EXISTING 16' C.W.D. 7RAN-WIS90N MAIN LOCATION BASED FROM INFORMATION PROVIDED BY THE CITY OF SOUTH BURLINGTON WATER DEPARIMENT. ALL LOCATIONS MUST BE RELD VERIFIED PRIOR TO CONSTRUCTION. 7 LOCATION AND WIDTH OF ANTICIPATED HIGHWAY RIGHT-OF-WAY SHOWN AS DESCRIBED BY THE CITY OF SOUTH BURLINGTON CITY PLANNER. 25' SETBACK FROM R.O.W. MAINTAINED AS STIPULATED BY PLANNER. d TOTAL MULTI -FAMILY UNITS 150 TOTAL NUMBER OF A/UL77-FAMILY BUILDINGS 7 TOTAL PARKING SPACES REQUIRED 338 PARKING SPACES BENEATH BUILDING - 150 OPEN PARKING SPACES PROVIDED IBB TOTAL NUMBER OF PARKING SPACES PROVIDED - 338 9. COMMERCIAL/RETAIL AREA 20,000 +/- SO.FT. THEATER 40,000 SO.FT. RETAIL PARKING SPACES PROVIDED - 401 10. EXISTING 60 UNIT HOTEL BUILDING EX/STING PARKMVG SPACES PROVIDED 70 L & M PARK SOVw N.Y .GrM .0blaIT 0 VERALL SITE PLAN ti V �� UIS�L=JU 11lA��UV� JUNE 1990 LL E %w E L L-T m rw INCORPORATED SLM _ a,a,.,,,. ra rao.w• >eeuas D J264 VALUSTON VERMONT I 'aT 16 6-4 73 CAl- L2L C� L i On L � H7 ARK - _ ��,z��'.,s 16-5 X-3 5-5 5c' 41 ____.__ __ _ ------------- IY- I ��:�7 f / I - - - No Text C �. 71 7 = ;39> TAME 4-3 CHANGE IN RM RATES Sa But{i omi, Chittenden County, and State oC Vearnnt Sa Burlington Chittenden Ca Vermait. Rate Rate Rate Year Na (per 1, 000 pop.) Na (per 1, 000 pop.) Na (per 1, 000 pop.) 1970 183 18.2/1000 2, 049 20.7/1000 8, 420 18.9/1000 1978 81 8.0/1000 1,506 13.5/1000 7,064 14.5/1000 1980 111 10.4/1000 1,621 14.0/1000 7,783 15.2/1000 1983 144 12.8/1000 1,826 15.3/1000 7, 950 15.1/1000 1985 151 12.7/1000 1,890 15.4/1000 8,027 15.0/1000 1987 169 13.6/1000 1,942 15.3/1000 8, 124 14.8/1000 19BB 140 11.1/1000 1,993 15.4/1000 8, 116 14.6/1000 Source: Vt Depattaient. of Health 11 FITZPATRICK•LLEWELLYN INCORPORATED Engineering and Planning Servi One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO > WE ARE SENDING YOU ❑ Attached ❑ Under separate cover vviia_ ❑ Shop drawings ❑ Prints IYPIans ❑ Copy of letter ❑ Change order ❑ 6 ME ME LlL TLC TL(ll Ga I S OMIJ UU. ❑ Samples the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 7 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted 15"For your use ❑ Approved as noted Dl'�s requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR. BIDS DUE / 19 REMARKS � II/141� w% / . = 1 ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US .jx� COPY TO SIGNED: PRODUCT 2W2 Ees MC., GrOW, Mass, 01a71. If enclosures are not as noted, kindly notify us at CITY TY Of.-' SOUP11 BURIA NG ION Subdivision !Application - SKOIC11 PLAN .l) Name, address, and phone inuiilx�r of: a. Owner of record James_Favette JohnLarkin 1930 Shelburne Road 410 She.lburn�F�od 985-2854 Shelburne, Vermont 864-7444 So. Burlington, Vermont b. Applicant Gerald Milot — John Larkin P.O. Box 4193 41G Shelburne Road _ 658-2000 _ Burlin,ton�Vermont 864-7444 _ So. Burlington, Vermont c. CbiiL,i(;t l,)ers;on _John Steele,_FitzPatrick-Llewellyn Inccr ornted One!_Wentworth _Drive-____— Williston, Vermont '05495 878-3000 2) Purlxose, I-oc:at:ion, and rl:AUl-(t Of SULKI visiorl or development, including nl.Uib r OC Lots, UllitS, or parcels and proposed use(s) . Sketch Plan for revised commercial portion of L & ,M Park.. Replacement of 60,000 SF office building with 1000 seat movie theater. Road layout _ and north side retail plan remain unchan2ed;��,___�_,_ _l) !Applicant's le(ja.l i.ntore.3t in tl-1L� prol)erty (fee ,;im)le, option, etc) _Lease - Purchase agreement 4) NaiiL;� of, owners of record oL all c(xlti(Juous profx�r. Lida State of Vermont Merrihew/Pomerleau, South Burla ington._Ch sler-_P mo�lth,__.-,--- Vermont National Bank, T. Farrell. 5) Tyrx-, of existing Or VrOLx)SAAI CIIC;UIIIL)ri.U1Ct.'t UIl pl:otx.M'LY SlICa1 aS C'afiC'.IIK?Ilt:�, covenants, .Ll'aE;l ;, r1cL1L::; of wo , (A.c. Conservation Zone 20' sewer easement, 601public ROW. G) 1'ro[x):;(!d exten-;i.on, I e.b ..tl. IOn, O1 1 It xli f ication ol_ ulunici[a:11. l.lc i.l i Lic!_; SUCK V.i ::ialll.lal:y :_;t.'Wl'r, wol('I :;t1i)Itl.y, :;LrcoL!;, :;tUYlll C11:..11.ni.lge, t'LC;. `Sewers water, streets, storm drainage as per approved final_plat. 1) Describe any I)revi.cxls; action!; Lalcc•n by Lhu Zoning 13(..u'd of 1\cijuatm;,Int or by the SOULAi ISur l in(aton t'll:ulni-n(1 L.UI udL;J1on which affect L[le prol:x)sed sub- (livi. ;ion, �Illcl i.11C.I.L00 Lhcr cl,lli(; Of :;uch actions: Final Plait approval_on 12-11-90_...__...... ...--_---.__-_----_..-.---._...�---..___.___._....__�_____ 13) SLII-Anit 10LII- caI).i.el; ol: ra !;k(!l:c:h pkin :;h(.)wintl llu.; I:<)l.LtxJl.lu1 lnl<)rll4atton: 1.) Mllll(2 of owner!:; Of recc)ed Of cx)Ill: i.c_I(luu:, [tl 2) l3oundar.ies and tu:ea Of: (a) 011. (.x)IIL i.(luuu:; 1drid to Owner of record .:slob (h) [-n:0Ix.,:3Qd !;ul)J lv i.S ion. 3) ExiSting ,.Inca pr.olxxwd layout: OI p1ulx'rl.y .I.h)(!!;; tyl(.� .111d lcx:.11.ic)n (A' exlStiIly drill pl:op):;e(.1 IC'!;l r'.LeL1UI1Li 0I1 1.ial1(1, !illi.!11 1!i t`.1:;(!IIH`nl:i .I1)(1 Cove- nI I I l".:; . 1(x--atlon, and a l)[)CC)x1.11411.1' :;i/.0 ()I (_xI::;L:llltl o111C1 I)rOIjl):.it?Cl !.it.C(C.'t:i, ul.i.aitie: , WICI c:>I)i:n SIA.Ice. `i) IXACc , true 1101:l-:11 arrow Lind G) Wcatiorl 11up, shc)win(1 relation ()I I)iolx)ae(i ;uLKli.vi:;Icnl t.O �Idj.lcent: [)ro[x�rLy III -Id surrourldi.ng area. (.i].gll.:ltllCe) aO •c.alll John S ee PROPERTIES INC. May 16, 1991 Mr. Joe Wyeth City of So. Burlington Dorset Street So. Burlington, VT 05403 Dear Joe: I hereby request that the planning commission consider using the following proceedure to review our revised final plat submission: 1. Informal review of plans at next meeting to solicit any large areas of concern. 2. Warned final plat on June 25th with any revisions, if minor, handled administratively at the filing of the final plat for recording. This proceedure would greatly streamline the review process. We need to start construction on the movie theater as soon as possible to meet a November 15th opening. If we can't meet that date I may lose the tenant. The process you have suggested, a sketch plan review and then final plat, would take an extra month. Thank you for considering this. GCM:cb Sincerely, Gerald C. Milot P.O. BOX 4193 • BURLINGTON, VERMONT 05406-4193 • 802-658-2000 r , , -cl I I on P,4 hA tJ F—I k-'.- I�r n1l 11 h - i Cr 4 Z'. AP f Film, -, kt-, M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: June 4, 1991 agenda items Date: May 31, 1991 3) STEVE WHITTLESEY PROPERTY, 358 DORSET STREET 1. First two parking spaces should be eliminated and front lawn extended. It will be very difficult to enter and exit from those spaces especially after Dorset Street widening is completed. 2. Plan dated May 5, 1991 is acceptable. 4) HAL BENSEN, 2 LOT SUBDIVISION. PATCHEN ROAD Plan dated May 8, 1990 prepared by Vermont Land Surveyors is acceptable. 6) L &- M PARK. (REVISION) SHELBURNE ROAD The parking lots for the theater and hotel should be tied togeth- er so entrance and exit can be made from either drive as in the original plan. No Text 5 lb I l� ol LO 1 11 I tit 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 31, 1991 Mr. Gerald Milot 925 AIA Hillsboro, Florida 33062 Re: L&M Park, Revised Final Plat Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Jim Goddet.te's comments. Please be sure someone is present on Tuesday, June 4, 1991 at 7:30 P.M. to represent your request. Sincerely, �,...42 Joe Weith, /" City Planner Encls JW/mcp cc: John Larkin John Steele