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Home My WebLink AboutBATCH - Supplemental - 1233 Shelburne RoadJune 5, 1996 Ray Blair City of South Burlington Zoning/Planning 575 Dorset Street South Burlington, VT 05403 RE: Lakewood Commons, E-2 & E-3 1233 Shelburne Road South Burlington, VT Dear Ray; Please withdraw the conditional use application for an "Adult Day Care" for the above mentioned location. Thank you for your help with this matter. Regards, Denny Blodgett Blodgett Properties ?Orilivan Sullivan and Associates, Inc. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 10, 1996 Lori Sullivan Sullivan & Associates, Inc. 1350 Shelburne Road South Burlington, Vermont 05403 Re: Office to Day Care, 1233 Shelburne Road Dear Ms. Sullivan: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the April 23, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. i cede , J Weith, C ty Planner JW/mcp 1 Encl cc: Mark Thibault PLANNING COMMISSION 23 APRIL 1996 PAGE 7 9. The applicant shall submit for review and approval by the City Attorney the legal documents for the recreation path easement. These documents shall be recorded in the land records prior to permit issuance. 10. The applicant shall obtain a zoning permit for the building within six months pursuant to Section 27.302 of the zoning regulations. 11. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the building. 12. Any change to the site plan shall require approval by the South Burlington Planning Commission, 13. Prior to issuance of a zoning permit, the applicant shall resolve with the City Engineer the issue regarding access to the stormwater detention facility. If necessary, the plan shall be revised as recommended by the City Engineer, Mr. Crow seconded the motion which was then passed unanimously. 6. Public Hearing: Revised Final Plat application of Sullivan & Associates to amend a planned unit development consisting of 48,000 sq. ft. of office, retail and personal service use and a 175 seat restaurant, Lakewood Commons, Shelburne Rd. The amendment consists of converting 2400 sq. ft. of existing office space to day care use: Mr. Beaudin stepped down due to a conflict of interest. Ms. Sullivan said this will be an adult day care center. Clients will come in the morning and stay all day. They will be given lunch. Mr. Weith noted the project was originally approved in 1988. There were 211 parking spaces available which was a 16% waiver from the standard. The Commission felt this was acceptable due to the mix of uses. In 1994, the buildings were subdivided out. The approved plan was the same as the one now existing. There were 209 parking spaces. The requirement at that time was 261. The present applicant is asking for a waiver of one more parking space. Mr. Austin asked how parking is today. Mr. Weith said it seems adequate but he didn't know if all space in the development is currently leased. Another tenant said the lot is full now and people go around looking for spaces. Another tenant noted there is space in Building E, which is the building in question. He added that delivery trucks double park. PLANNING COMMISSION 23 APRIL 1996 PAGE 8 Mr. Spokes said the Commons Association is concerned about parking and also wants a drop-off zone for vans picking up and delivering people to the center. Mr. Burgess said it seems that this use will require less parking. Mr. Blodgett, who owns the space, reviewed the history of the buildings. IDX won't be renewing its lease, and they had 20 people working there. Ms. Sullivan said she will have a maximum of 5 employees. They would use the handicapped parking spaces to load and unload people. Vans are from CCTA and won't remain on the premises during the day. Mr. Clark said his business serves the elderly and he could envision people fighting for the handicapped space. He suggested an additional handicapped parking space. Mr. Spokes said they would like a designated drop-off site. Mr. Austin said this applicant can't make such a designation. Ms. Sullivan said she doesn't see the need for it. Mr. Burgess said he felt that parking was a non -issue. Ms. Sullivan said if the handicapped parking space is in use, the van can go around to Jakes as there is another access to their location from that side. Mr. Sullivan, said they would be happy to meet with the Association, but he felt there has been so much opposition to this facility, _that any idea would be vetoed. Mr. Crow suggested having the applicant meet with the Association one more time and do some legwork regarding the use of handicapped parking spaces. Mr. Weith added the suggestion that the plan indicate where ramps are located. Mr. Austin moved to continue the application until 18 June to allow reconsideration of loading/unloading_ concerns. Mr. Crow seconded. Motion passed unanimously_ Mr. Beaudin rejoined the Commission. 7. Sketch plan application of Dick Kwan to amend a planned unit development consisting of 2 multi -use buildings (9280 sq. ft. and 3672 sq. ft.) and 16 multi -family units. The amendment is to convert 1836 sq. ft. of office space to a 50 seat restaurant, Patchen Road: Mr. Wood said there is now a Chinese take out restaurant, and Mr. Kwan would make the upstairs part of the building into a sit-down restaurant. Mr. Burgess noted that staff feels the new drive not be built. Mr. Wood said they need parking in an adjacent lot and it would be more convenient for people to get there with the new drive. Mr. Weith noted the drive would eliminate 4 parking spaces close to the 5 NSo� Q� 4/23/96 MOTION OF APPROVAL SULLIVAN & ASSOCIATES I move the South Burlington Planning Commission approve the revised final plat application of Sullivan and Associates to amend an approved planned unit development consisting of 48,000 square feet of office, retail and personal service use and a 175 seat restaurant, Lakewood Commons, Shelburne Road. The amendment consists of converting 2,400 square feet of existing office space to day care use, as depicted on a two (2) page set of plans, page one (1) entitled "Plat of Survey of Lakewood Commons, South Burlington, Vermont," prepared by Trudell Consulting Engineers, Inc., dated 12/16/88 with a stamped "received" date of 3/20/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed day care use will generate 15.9 additional vehicle trip ends during the P.M. peak hour. 3. The Planning Commission approves an additional sewer allocation of 225 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 4. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants a 53 space or 20% parking waiver due to the overlapping use of parking spaces on the site. 5. The applicant shall obtain zoning permit within three (3) years pursuant to Section 605 of the subdivision regulations or this approval is null and void. 6. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the newly converted space. 7. Any change to the plat shall require approval by the South Burlington Planning Commission. ..v — a - -ero � I I r Vt a LUP-iNGTON P.1/1 CITY on Doxrx" DMILSLIGIUn Subdivision Application - FINAL PLAT 1) Name of Applicant (Oc "► v1 y r t74- s'� r U9 K Y /;�SICac t f<<s 2) Name of Subdivision L,��Cc S�J dQc�, U •t4 wt a"LS 3) Indicate any change to name. address. or prone number of owner of record. applicant, contact person, engineer, aurveyor. attorney of plait designer since preliminawy plat application V\ o h C-. 4) Indicate any changes to the subdivision. such as number of lots or units. property lines. applicant's legal interest i.n the property. or developmental timetable, since preliminary plat application= P1O11 �.. 5) Submit five copies and o= reduced copy (11 x 17) of a final plat plus ensineerins drawings and c nte3.ain; all information required under Section 202.1 0l the subdivision rsauletaons for a minor subdivision and under Section 204.1(a) for a maior subdivision. 6) Submit two draft copies of all legal documents required candor Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivssion aged under Section 204.1(b) for J or subdiv' ion \1. , �_ - (SiSnature) applicant. or aonta t person Date POSOr FOX !vote 7671 06' 3 - r t Ta i4s �- Imam L f 8ozo Z98 Zoe 'nuI saLUedwoO aLL!-naN VZE:LO 96-8L--d— gip' d 6 batter's box. Larkin drove the next pitch over the left -field fence for his second homer. ■ Cardinals 5, Braves 4, 14 innings: At eacing :ne nuwauxee brewers over ,-c Seattle Manners. plays at the San Jose Clash in Karl (1-0) allowed six hits, including the inaugural game Of Major home runs by Ken Griffey Jr. and Jay Buhn- League Soccer, which will be er, and struck out a career -high eight. carried live by ESPN (8 p.m.). LEGAL NOTICES 1 CITY OF BURLINGTON, VERMONT PUBLIC WORKS DEPARTMENT INVITATION TO BIDDERS /The City of Burlington re - ,quests that all contractors capable of providing the ,requested flower bed maintenance services, submit their Bid to Bur- lington Public Works -Traf- fic Division, by April 12. 1996, by 12:00 p.m. Bid documents outlining the 'contract requirements can ,'be obtained at the Bur- lington Public Works Of- fice located at 33 Kilburn Street, Mon -Fri, 8:00 a.m. to 4:00 p.m. For further information please con- tact Gerald M. Paronto, Traffic Foreman at 863- ,,6351. 'April 4, 5, 6, 1996 I:INVITATION FOR BIDS School Bus !,The Chittenden South t. District seeSupervisory seeking proposals for I•one 12 passesnger school bus, with hand- icapped lift. Bid Specifica- tions may be obtained by writing to: Mark B. Bovier Business Managger RR #3, Box 161 Hinesburg, VT 05461 April 6 & 7, 1996 INVITATION TO BID Roofing Contractors are invited to submit bids on the following project: U-32 Jr. -Sr. High School RR #2, Box 3315 Gallison Hill Road Montpelier, VT 05602 The project consists of the removal of approxi- mately 7,000 sq.ft. of existing built up roofing and insulation over the English department area and corridor and the in- stallation of new materi- als. Call contact person at the site, Dave Vallee at 229- 9265, for an appointment or to receive written bid specifications. Sealed Bids will be opened at 2:00 PM on May 17, 1996. The School Board reserves the right 4o accept or reject any or all proposals and to waive any informalities in the bidding. rr " The awarding of a con - ,tract may be done by the (School Board at its ,.Scheduled meeting on May 28, 1996 at 7:OPM. The Project must be com- pleted NO LATER THAN August 17, 1996. Continued Next Column LEGAL NOTICES 1 I LEGAL NOTICES 1 I LEGAL NOTICES April 5, 6 & 7, 1996 INVITATION TO BID Special Services Trans- portation Agency, Inc. is offering for sale to the highest bidder for (4) Dodge maxi -vans in vary- ing conditions and with varying mileage. All vans have over 100,000 miles on them and are lift - equipped, with raised roofs. Bids should be submitted to Murray Benner, Exec- utive Director, SSTA, 1504 Hegeman Ave., Col- chester, Vt. 05446 by April 15, 1966. All bids should indicate which van is being bid on by number. All vans are available for inspection at the SSTA offices by ap- pointment and are sold in an "as is" condition. SSTA reserves the right to reject any and all bids. Van numbers are as follows: # three (3) # five (5) # six (6) # nine (9) April 6, 7, 8, 1996 INVITATION TO BID FOR CHAMPLAIN VOCATIONAL SERVICES, INC. 77 HEGEMAN AVE. COLCHESTER, VERMONT 05446 EXTERIOR REPAIRS & PAINTING SEALED BIDS for the re- placement, repair and painting of fascia, soffits, double hung sash, roof clerestory monitors and repointing brick work. Specifications may be picked up April 15, 1996. Sealed bids accepted April 30, 1996. Estimated cost of project $22,000.00. On -site meet- ing April 19,1996. This project is funded in part by a grant from the Ver- mont Division for Historic Preservation. Call Skip Lucia at CVS (802)655- 0511. April 6, 7, 8 & 9, 1996 LEGAL NOTICE Chittenden County Regional Planning Com- mission shall hold a public hearing at the Town of Milton Offices, 43 Bom- bardier Road, Milton, Ver- mont at 6:00 p.m. on Wednesday, April 24, 1996 for the purpose of receiving comment on the Town of Milton, Vermont Comprehensive Plan adopted April 5, 1993, and its consistency with the planning goals of Title 24 V.S.A., Section 4302 and compatibility with ap- proved plans and its re- gional plan, Chittenden Continued Next Column County Regional Plan, adopted November 12, 1991. The Commission shall also hold a public hearing at the Town Of- fices to receive comment, as part of the confirma- tion process, on Milton's planning process consis- tent with Title 24 V.S.A., Section 4350(a). CHITTENDEN COUNTY REGIONAL PLANNING COMMISSION ARTHUR R. HOGAN, JR. EXECUTIVE DIRECTOR April 6, 1996 NOTICE The Greensboro Nursing Home, Greensboro, Ver- mont 05841, is required by law to give a reasona- ble amount of service at no cost or less than full cost to people who can- not pay. If you think that you are eligible for these services, please contact our business office at the Greensboro Nursing Home and ask for assis- tance. If you are not satis- fied with the results, you may contact the Vermont Department of Rehabilita- tion & Aging, 103 South Main Street, Waterbury, Vermont 05671. it 6 & 13, 1996 NOTICE TO CONSTRUCTION MANAGERS The Hartford School Dis- trict announces its inten- tion to commence a selection process of eligi- ble Construction Manage- rs for the renovation and addition to Hartford Mid- dle, High and Vocational Schools. Construction cost is estimated to be $5,600,000. All construction activity will be completed by the Fall of 1997 (anticipated). In accordance with Ver- mont Statute Chapter 9, Title 16, Section 559, the School Board is advertis- ing for interested Con- stsruction Managers to submit their qualifications for review. The School Board plans to review all qualifications and hopes to establish a shortlist of Construction Managers prior to Monday. Ma yy 6, 1996. Shortlisted Con- struction Managers will be interviewed during the month of May. To be con- sidered as an eligible Construction Manager, firms must be capable of providing project bonding for the full contract amount and have experi- ence with school projects of a scope and complexity similar to the project be- ing planned. It is the in- tent of the School District Continued Next Column w 1 I LEGAL NOTICES 1, LEGAL NO to select a Construction Manager based on the following criteria: 1. The experience and capabilities of the con- struction firm and its des- ignated staff. 2. Successful experience with three (3) public school or comparable projects, similar in scope of work and complexity to this project and with a construction cost of at least $5,000,000. At least one school project of this magnitude will have been completed within the last three (3) years. 3. History of project con- tract practices and com- pleting work on schedule. 4. Adequate bonding ca- pacity, including letter from bonding company. 5. Financial health of the construction company. 6. Adequate staffing and ability to provide their own forces for construc- tion and to perform the work within the project schedule. 7. Satisfaction of previous clients anad profession- als. Favorable references will be required from at least three (3) school su- perintendents, business managers, or school board members from completed projects, as well as three (3) architects from completed projects. 8. Evidence of exemplary performance in complet- ing the final 5 % of large scale projects. Construction Managers interested in being con- sidered for this project are asked to submit evi- dence of their qualifica- tions on AIA Document A305-Revised Contrac- tor's Qualification Statement to David Laurin at Banwell White Arnold Hemberger & Partners, Inc. (Architects), 6 South Park Street, Lebanon, NH 03766 by May 6, 1996. Copies of AIA Document A305-Revised can be ob- tained from Mr. Laurin at 603-448-3778. April 4, 5 & 6, 1996 PUBLIC NEARING 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, April 23, 1996 at 7:30 P.M. to consider the following: 1) Revised final plat appli- cation of John Larkin to amend an approved planned residential devel- opment consisting of 120 Continued Next Column multi -family units and 37 single-family units, Bay Crest Road. The amend- ment consists of minor revisions to the layout of five (5) duplex buildings on 1.5 acres of land (i.e. "Cluster C"). 2) Revised final plat appli- cation of Sullivan and As- sociates to amend an approved planned unit de- velopment consisting of 48,000 square feet of of- fice, retail and personal service use and a 175 seat restaurant, Lake- wood Commons, Shel- burne Road. The amendment consists of converting 2,400 square feet of existing office space to day care use. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman South Burlington Planning Commission April 6, 1996 PUBLIC NEARING WINOOSKI ZONING BOARD OF ADJUST- MENT A public hearing will be held in the Claire Burke Council Chambers, Wi- nooski City Hall, 27 West Allen St., on Thursday, April 25, 1996 at 6:30 p.m. to hear the following ap- plicant(s). #96-14: Paul Lemieux is appealing an administra- tive denial for a two car garage proposed to be located in the rear yard setback at 10 Niquette Court, and is requesting a variance for relief from the rear setback require- ment in the R-1-B district in accordance with the provisions of 24 V.S.A. $4468. All documents are avail- able for review at the Zoning Office of City Hall. Agenda available in alter- native media forms for people with disabilities. For disability access infor- matin call 655-6410, bul- lentin #77. Ray O'Connor Building/Zoning Administrator April 6, 1996 REQUEST FOR BIDS TOWN OF COLCHESTER, VERMONT CONTRACTFOR ANIMAL CONTROL The Town of Colchester is accepting sealed bids from qualified individuals or companies to provide Animal Control Services for the Town. Additional information for bidders, Continued Next Column CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1) Name of Applicant See attached list of "Land Owners" Lakewood Commons 2) Name of Subdivision + 3) Indicate any change to name, address, or phone number of owner of record, applicant, contact person, engineer, surveyor, attorney or plat designer since preliminary plat application No change 4) Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, or developmental timetable, since preliminary plat application: No change S) Submit five copies and one reduced copy (11 x 17) of a 1 final plat plus engineering drawings and containing all information required under Section 202.1 of the subdivision regulations for a minor subdivision and under Section 204.1(a) for a major subdivision. 6) Submit two draft copies of all legal documents required under Section 202.1 (11) and (12) of the subdivision regulations for a minor sudivision and under Section 204.1(b) for a major subdivision. (Signature) applicant or contact person Date �avow m Ip n f`6i ji a o =i■ v r z ■• ft■ rn ri■ err cl N/F THOMAS A. FARRELL ■ .v. LAKEWOOD DEVELOPMENT sour« -ravr, v■wvcwr rRu0EL1 ccwsuLTiNo ENGINEERS INC. wi�usrav, ruwnr SITE PLAN— RECORD DRAWING e0 ' vaeia Memorandum - Planning April 23, 1996 agenda items April 19, 1996 Page 6 Other: The landscape plan should be revised to use commas instead of periods in the numbers listed under "Lot Information." 6) SULLIVAN & ASSOCIATES - OFFICE TO DAY CARE - REVISED FINAL PLAT This project consists of amending an approved planned unit development consisting of 48,000 square feet of office, retail and personal service use and a 175 seat restaurant. The amendment consists of converting 2,400 square feet of existing office space to day care use. This property was last reviewed on 1/11/94 (minutes enclosed). This property located at 1233 Shelburne Road (a.k.a. Lakewood Commons) lies within the Cl District. It is bounded on the north by undeveloped land, on the east by Shelburne Road, on the south by an auto dealership and on the west by a warehouse/distribution facility. Access/circulation: Access is via a 24 foot ingress only curb cut on Shelburne Road and a 2-way driveway/r.o.w. to Holmes Road. No changes proposed. Circulation is adequate. Coverage/setbacks: Building coverage is 13.4% (maximum allowed is 30%). Overall coverage is 52.2% (maximum allowed is 70%). Front yard coverage is 11% (maximum allowed is 30%). Setback requirements are met. Parking: A total of 262 spaces are required for this development and 209 spaces are available including six (6) handicapped spaces. This represents a 53 space, or 20%, waiver. The 5/10/88 amendment noted that 253 spaces were required and 211 spaces were available. This represented a 42 space or 16.6% waiver. The nine (9) additional spaces needed for the proposed project are due to changes in the zoning which require eight ( 8 ) additional spaces for the existing restaurant, and one (1) additional space for conversion of office space to day care use. Memorandum - Planning April 23, 1996 agenda items April 19, 1996 Page 7 Traffic: ITE estimates that the proposed day care use would generate 15.9 additional vehicle trip ends during the P.M. peak hour. The applicant should be aware that the road impact fee is approximately $160. ITE estimates that the existing and proposed uses within the entire development generate 186.2 vte's. Sewer: The additional sewer allocation needed for this project is 225 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Landscaping: There is no minimum landscaping requirement, based on building costs, for this project. The property is well landscaped and no additional landscaping is recommended. 7) DICK KWAN - OFFICE TO RESTAURANT - SKETCH PLAN This project consists of amending a planned unit development consisting of two (2) multi -use buildings (9280 square feet and 3672 square feet) and 16 multi -family units. The amendment is to convert 1836 square feet of office space to a 50 seat standard restaurant. The existing uses in the 9280 square foot building consists of 4640 square feet of general office use and 4640 square feet of private school use. The existing uses in the 3672 square foot building consist of 1836 square feet of fast-food restaurant use (take-out) and 1836 square feet of general office use. The request is to convert the fast-food restaurant to a standard restaurant and convert 1836 square feet of office space to 50 seats for the standard restaurant. This property located on Executive Drive and Patchen Road lies within the Cl District. It is bounded on the north by Jaycee Park, on the east by Patchen Road, on the south by an office building, post office and single family residence, and on the west by a parking lot. Access/circulation: Access will be via a private street from Patchen Road known as Executive Drive. No changes proposed. Circulation on the site is adequate. 7 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 April 19, 1996 Lori Sullivan Sullivan & Associates, Inc. 1350 Shelburne Road South Burlington, Vermont 05403 Re: Offfice to Day Care, 1233 Shelburne Road Dear Ms. Sullivan: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 23, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. in erely 1400e gr Jo Weith, Ci Planner JW/mcp Encls cc: Mark Thibault 0 SIT Ux4r101 I — A THOMAN A. FARRELL .....w. I I1 TNOYAN A. FARRELL .. w . �i I N ---FF �— i LOT \, rror I a .... i ur r� RECEIVED DEC 231993 rw■wo n A[]Q11KO1 a H I.rwsq oarrsva a ■i an s m ■uancrmA _ wr o< .na !� {� A�.LCI Ip A[ Rgl■pO.TS bD 0?DIIIOK OI Lm IaStlulfOa City of So. Bur'Ixigton aoo un_eAra aAwraaw I I Lor LOT W ..o.■w rr AL EyArnpt LEWIS — LOTW I ALE%ANDOt LEWIS 1 ,J r 7b cIT`7 br So, �,2L u In Pill SIDPwaL►� lor2,b3Es Qj SHELBURNE ROAD o TOTAL AIKA - . U' AClK.! �? RYA = 'A ,AT a4 yOr 3 R LAKEWOOD COMMONS V r.r TRNRELL CRNfNl11NR LNGINEERS.Inc. �. LOBE, OIL, FILTER_ �troouctory cwo one, Fa, so. aWtinpton 1 v o,� Chw gP Essex. BaKe Ouality Mobil Products ME Want to make some money? Be- come a Free Press carrier or motor route driver. Call 865-4600. LEGAL NOTICES 1 PUBLIC NEARING 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, January 11, 1994 at 7:30 P.M. to con- sider the following: 1. Preliminary Plat appli- cation of Norman and Marietta Chappell for sub- division of 5.17 acres of land containing a com- mercial building and sin- gle-family dwelling into two (2) lots of 1.64 acres commercial building) and 53 acres (single-family dwelling), 1437 Williston Rd. 2. Revised final plat appli- cation of Chittenden Bank to amend the Lakewood Commons planned com- mercial development by Continued Next Column LEGAL NOTICES 1 subdividing 4.65 acres of land into seven (7) lots. Six (6) lots follow the foot- prints of the six (6) exist - In gg buildings (3,830 to 5,728 square feet) while the seventh lot consists of the remaining common land (4.03 acres), 1233 Shelburne Road. 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FT. 16 4 ' 16. 3.d 6.0' 3.0' 4. 4.0' EASEMENT TO CITY OF SOUTH BURLINGTON FOR SIDEWALK PURPOSES _ 93 — \ _ 8°580 ann nn 87' TOTAL 644� � 045 T a.�arc�)f �6fy nn- aT5 r. f GN Yt.2cNT /A0P4VA t... � � / III r�16.0 - 93 • ( -� S 0 n it IZ E TA I L =- 3 c0 T HAl2 SRLO^a _ ('� S s�Mt' �t�ra�crY ►ZzsT' - � �S �� RMlok, COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" FOR TAX CREDITS: I/ C jr (2) ESTIMATED PEAK HOURr VEHICLE TRIP ENDS '`F ( vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (From current tax assessment) units (4) TOTAL FLOOR AREA AFTER G1r� CONSTRUCTION s.f. (5) TYPE OF USE (6) TYPE OF CONSTRUCTION° IMPACT FEES: (7) TOTAL ROAD IMPACT FEE (From Form NR-2) /Ja /s�, sYO 67 4w 7 e/ 5, 0 rp S� � FORM NR-2 COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END $ 221.72 / vte (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS -� �`7.� (From form NR-1) vte (3) BASE ROAD IMPACT FEE 3� (1) x (2) $ (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (from line (3) of Form NR-1) �> -� units (5) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE (From Table ST-3) $ / unit (6) CREDIT FOR PAST TAX PAYMENTS (4) x (5) $ (7) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 ( From line ( 8 ) on Form NR-3 ) �`' V-,, units (8) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE (From Table ST-4) $ (9) CREDIT FOR FUTURE TAX PAYMENTS (7) X (8) (10) TOTAL ROAD IMPACT FEE (3) - (6) - (9) / unit $�'�,.� FORM NR-3 ESTIMATION OF POST CONSTRUCTION VALUE (1) TYPE OF USE (From line (5) on form NR-1) (2) TYPE OF CONSTRUCTION (from line (6) on Form NR-1 (3) TOTAL FLOOR AREA (From line (4) on Form NR-1) (4) ESTIMATED IMPROVEMENT VALUE PER SQUARE FOOT (From Table ST-5) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) (6) LAND VALUE (From current tax records) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 s.f. units -7/ 51 /J/rf�CE rpi-1%Lk-j "J C� GAOLS v / S-u 7 .- - I -gam //Y GD l6 3 -I.L I 4.5+ M E M O R A N D U M To: Mark Thibault From: Raymond J. Belai , Zoning and Planning Assistant Re: Traffic & Sewer Impacts for Proposed Day Care Date: April 9, 1996 Traffic: We estimate, using ITE trip generation rates, that converting 2400 square feet of office space to a 30 person day care with five (5) employees will generate 15.9 additional vehicle trip ends during the P.M. peak hour. The road impact fee for this increase in traffic is approximately $160. Sewer: Converting an office space with 20 people to a 30 person day care with five (5) employees will require 225 gpd of additional sewer allocation. You will be required to pay the per gallon fee prior to permit issuance. There is sufficient capacity at the Bartlett Bay Treatment facility to handle this additional demand. TAX MAP #: 78-2-9 GRAND LIST #: 1540-01233-C FILE #: 93-53 LOCATION: 1233 SHELBURNE ROAD DATE APPLICATION PURPOSE FILE NAME: 12-18-84 SK 3 LOT SUBDIVISION FARRELL,THOMAS 1- 8- 8 5 pp " 11 " " " 1-22-85 FP it 11 11 11 if 3-12-85 SP HOTEL/RESTAURANT it" 12-10-85 SK OFFICE BLDGS. LAKEWOOD ASSOC.,FOLDER I 2- 1 1- 8 6 pp " If If" it 3-18-86 RPP If 11 if If " 4-8-86 FP if if If if " 10-14-86 RFP DRIVE -UP BANK if If" 4-19-88 SK CONVERSIONS/ADDITIONS it ifif 5-10-88 RFP if it if if if 6-14-88 AMEND 5-10-88 MOTION 11 if " 3-20-90 SK HOTEL/RETAIL/OFFICE LAKEWOOD ASSOC.,FOLDER II 9-25-90 PP if 11 if if If it 2-5-91 RFP-DENIED if if It 11 if it 4-16-91 RFP HOTEL&RETAIL/OFFICE LAKEWOOD ASSOC.,FOLDER II 10-12-93 SK 7 LOT SUBDIVISION LAKEWOOD COMMONS 11-8-93 V LOT SIZE CHITTENDEN BANK 1-11-94 RFP 7 LOT SUBDIVISION LAKEWOOD COMMONS City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 April 2, 1996 Lori Sullivan Sullivan & Associates, Inc. 1350 Shelburne Road, Suite 205 South Burlington, Vermont 05403 Re: Office to Day Care, 1233 Shelburne Road Dear Ms. Sullivan: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, April 12, 1996. If you have any questions, please give me a call. Sinc—Pely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Mark Thibault 17. Olo , 710C 1,41 fl. l�SyP�� Preliminary Memo - Planning April 23, 1996 agenda items April 2, 1996 Page 3 --- provide exterior lighting details (cut -sheets) for all existing and proposed exterior lights and show their locations. --- show dumpster locations, dumpsters should be screened. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- the applicant should be aware that the road impact fee will be approximately $3400. --- the building mounted flood light should be replaced with a downcasting shielded fixture. SULLIVAN & ASSOCIATES - OFFICE TO DAY CARE - REVISED FINAL PLAT --- provide lot coverage information for building, overall and front yard. --- provide gross square footage of all office space in the development (excluding the space to be converted). --- provide gross floor area of hair salon. --- provide number of office employees who previously occupied the space to be converted. --- the applicant should be aware that the road impact fee will be approximately $160. M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for April 23, 1996 Agenda Date: March 28, 1996 I have reviewed the following site plans and my comments are as follows: 1. Gracie's Store Hinesburg Road Acceptable 2. UN 4. Lakewood Commons Shelburne Road Acceptable Allen Road Community Care Allen Road Dated 3/11/96 Project No. 9607 Dated 3/10/96 Project No. 85086 Dated 2/7/95 Project No. 95100 As per last review (12/19/94), a minimum of one hydrant is needed within the complex. Suggest the hydrant be located near bike rack area in northwest corner of complex, and must be on an 8" main otherwise, acceptable. Kwan's Restaurant Patchen Road Acceptable Dated 3/25/96 5. Ledge Knoll, Phase III Dated 1/23/96 Hinesburg Road Project No. 85083-5 Acceptable M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: April 23, 1996 Agenda Items Date: March 22, 1996 GRACIE'S STORE - WILLISTON ROAD - HINESBURG ROAD 1. Plan should show utilities including drainage lines. 2. The proposed building is planned on top of a large drainage pipe which serves a large portion of Williston Road. The City replaced a portion of this pipe recently and the black top patch is visible. This pipe must be relocated if possible. 3. The street intersection r.o.w. is back of the concrete curb. An additional 6 feet should be deeded to the City to accommodate a sidewalk and a sign if necessary. 4. The 5 parking spaces along the north side of the liquor store are substandard. ALLEN ROAD COMMUNITY CARE - ALLEN ROAD 1. The Allen Road sidewalk shall be concrete constructed across entrance drive. 2. There shall be clear access to the rear of the building for mobile sewer cleaning equipment. LAKEWOOD COMMONS - SHELBURNE ROAD Plan received March 20, 1996 prepared by Trudell Engineering is acceptable. KWAN'S RESTAURANT - BENSON PROPERTY - PATCHEN ROAD 1. Restaurant must be equipped with a grease -grit interceptor 2. Sewer serving the three back units goes to White Street not to Patchen Road. CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record See attached list of "Land Owners" b. Applicant Chittenden Bank P.O. Box 820, Burlington, VT 05402-0820 C. Contact person Mr. Don Martin - 660-1430 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). This application is intended to correct the permit status of Lakewood Commons. The six buildings on Lakewood Commons were sold as separate parcels. The project was reviewed and approved by the City but not as a subdivision. 3) Applicant's legal interest in the property (fee simple, option, etc) The Chittenden Bank owns the balance of the project fee simple (previously owned by Green Mtn. Design/Builders.) 4) Names of owners of record of all contiguous properties See attached list of "Adjoining Property Owners". 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. No change from what has already been reviewed and approved. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. No change from what has already been approved and constructed. 7) Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: La 93034 Final approval of the Lakewood Commons protect was in May of _1988. Several amendments have occurred since then. Submit four copies of a sketch plan showing the following information: 1) Name of owners of record of contiguous properties, 2) Boundaries and area of: (a) all contiguous land belonging to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. 4) Type of, location, and approximate size of existing and proposed streets, utilities,, and open space. 5) Date, true north arrow and scale (numerical and graphic). 6) Location map, showing relation of proposed subdivision to adjacent property and surrounding area. ignature) applicant or contact person date LAKEWOOD COMMONS LAND OWNERS Building A O'Brien Salons, 1233 Shelburne Road, So. Burlington, VT 05403 Fay Real Estate Appraisers, 1233 Shelburne Road, So. Burlington, VT 054 Building B Edward & Dale Loeffler, 1233 Shelburne Road, So. Burlington, VT 05403 Building C Paul Kaza Assoc., 1233 Shelburne Road, Suite C3, So. Burlington, VT 054 Buildina D Gordon Ahlers, M.D., Lakewood Convenient Health Care, 1233 Shelburne Rd. Suite D1 and D2, South Burlington, VT 05403 Bell Financial Services, David Bell, 1233 Shelburne Road, Suite D4, So. Burlington, VT 05403 N.J. Clark Hearing Instruments, Inc./Sonotone, Norman & Rosemary Clark, 1233 Shelburne Road, Suite D5, So. Burlington, VT 05403 Gale Golden, 1233 Shelburne Road, Suite D6-West, So. Burlington, VT 054 Norrell Temporary Services, Bradford Worthen, 1233 Shelburne Road, Suite D6-B, So. Burlington, VT 05403 Robert & Lorrie Rothman, Specialties Unlimited, 1233 Shelburne Road, Suite D7, So. Burlington, VT 05403 Jerry Mannock, Mannock Design & Publishing, 1233 Shelburne Road, So. Burlington, VT 05403 Arrow Tech Associates, Inc., P.O. Box 4218, So. Burlington, VT 05403 Building E O'Brien's Training Center, Bill O'Brien, 1233 Shelburne Road, Suite E1, So. Burlington, VT 05403 Blodgett Insurance, Dennis Blodgett, 1233 Shelburne Road, Suite E2, So. Burlington, VT 05403 Mark Hill Investments, Inc., 1233 Shelburne Road, Suite E4, So. Burlington, VT 05403 Mill Publishing/Business Digest, Jack & Edna Tenney, 1233 Shelburne Road, Suite E5, So. Burlington, VT 05403 Knowledge -Based Systems, Dairies Smith, 1233 Shelburne Road, Suite E6, So. Burlington, VT 05403 Building F SportStyle, Margaret Eastman, 1233 Shelburne Road, So. Burlington, VT 05403 Rob Rothman, Specialties Unlimited, 1233 Shelburne Road, So. Burlington, VT 05403 93034 ADJOINING PROPERTY OWNERS TO LAKEWOOD COMMONS 1. David A. Farrell, 5 Holmes Road, So. Burlington, VT 05403 2. Alexander Lewis, Lewis Motors, Inc., 1325 Shelburne Road, So. Burlington, VT 05403 93034 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, April 23, 1996 at 7:30 P.M. to consider the following: 1) Revised final plat application of John Larkin to amend an approved planned residential development consisting of 120 multi- family units and 37 single-family units, Bay Crest Road. The amendment consists of minor revisions to the layout of five (5) duplex buildings on 1.5 acres of land (i.e., "Cluster C"). 2) Revised final plat application of Sullivan and Associates to amend an approved planned unit development consisting of 48,000 square feet of office, retail and personal service use and a 175 seat restaurant, Lakewood Commons, Shelburne Road. The amendment consists of converting 2,400 square feet of existing office space to day care use. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission April 6, 1996 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 11, 1994 John P. Pitrowiski Trudell Consulting Engineers P.O. Box 308 Williston, Vermont 05495 Re: Lakewood Commons Sketch Plan Alternatives Dear Mr. Pitrowiski: ZONING ADMINISTRATOR 658-7958 At your request I have reviewed the three (3) sketch plan alternatives you submitted for Lakewood Commons. The following comments apply to all three (3) alternates: --- lot must be in compliance with the lot coverage limitations. --- sewer availability will be determined at the time of application. --- a shared parking analysis will be required. --- a level of service analysis will be required. --- it is very likely that the Planning Commission will require the Shelburne Road access be moved to the north. An additional comment I have regarding alternate 3 is with regards to circulation. I feel changes should be made at the entrance to the parking area to improve traffic circulation. Should you have any questions or wish to discuss these comments further, please give me a call. q*nerely, Weith, Planner JW/mcp TRUDELL CONSULTING ENGINEERS, INC. March 29, 1994 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lakewood Commons Sketch Plan Alternatives (TCE #93034 / x-ref. 85086) Dear Mr. Weith: On behalf of Donald Martin of the Chittenden Bank, I am submitting the attached Sketch Plans for your review and comment. It will be extremely helpful to the Bank to learn about any concerns you have before moving forward in the Planning Commission review process. Please feel free to contact me if you have any questions. Very truly yours, TRUDELL CONSULTING ENGINEERS, INC. ohn P. Pitrowiski Encl. cc: Mr. Donald Martin JPP/nad 93034I03.sam P O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 (802) 660-2555 (VOICE/TDD) STEVEN F. STITZEL FAX (802) 660-2552 OF COUNSEL PATTI R. PAGE* ARTHUR W. CERNOSIA -- ROBERT E. FLETCHER DIANNE L. KENNEY (*AT,SO AIIM II'I'V D IN N.Y.) March 28, 1994 Mr. Raymond Belair City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Lakewood Commons Dear Ray: I have reviewed the enclosed Notice of Conditions of Planned Unit Development Approval and Sidewalk Easement Deed. These are suitable for execution and recording at this time. (With regard to the Sidewalk Easement, this is based on my understanding that the sidewalk has already been constructed within the easement.) By copy of this letter, I will ask Steve Knudson to prepare a transfer tax return for delivery with the Sidewalk Easement. Very truly yours, 'Steveh tz SFS/mld Enclosure cc: Steven Knudson, Esq. SON1367.cor #2593 SIDEWALK EASEMENT DEED (Lakewood Commons) KNOW ALL PEOPLE BY THESE PRESENTS, that Chittenden Bank (the "Declarant"), a Vermont banking corporation with its principal place of business at Two Burlington Square, Burlington, Vermont, and holder of the Declarant's rights under the Declaration of Covenants and Restrictions for Lakewood Commons, a Planned Business Community, dated as of December 18, 1986 and recorded in Volume 217, Page 115 of the City of South Burlington Land Records, as amended (the "Declaration"), and all of the undersigned owners (the "Owners") at the Lakewood Commons Planned Business Community (the Declarant and the Owners may be referred to herein as the "Grantor"), in consideration of One or More Dollars paid to the Grantor's full satisfaction by The City of South Burlington, a municipality, with City offices at 575 Dorset Street, South Burlington, Vermont (the "Grantee"), by these presents does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Grantee, and the Grantee's heirs, successors, and assigns forever, an easement and right-of-way located at Lakewood Commons, in the City of South Burlington, Chittenden County, Vermont, and more particularly described as follows (the "Easement"): The land and premises burdened by the easement and right-of- way granted by this deed is a portion of the land and premises known as the Lakewood Commons Planned Business Community located at 1223 Shelburne Road, South Burlington, Vermont (the "Property"), which Property is more fully identified and described on a map entitled Plat of Survey of Lakewood Commons, South Burlington, Vermont, prepared by Trudell Consulting Engineers, Inc., dated December 16, 1986, revised 199 and recorded or to be recorded in Map Book Page of the South Burlington Land Records (the "Plan"). The easement and right-of-way conveyed by this deed is a sidewalk easement and right-of-way eight (8) feet in width, to be used in common with the Grantor and others entitled thereto, on and over the Property for the purpose of pedestrian traffic. The Easement runs generally along the easterly boundary of the Property. The precise location of the Easement will be substantially as identified on the Plan. The general location of the Easement may be described as four feet (41) on both sides of the center line of the Sidewalk as depicted on the Plan. The Easement is conveyed subject to all easements, permits, and similar restrictions of record to the extend such matters are not otherwise barred by the Vermont Marketable Title Act. The Grantor reserves the right to adjust and relocate the precise location of the Easement to accommodate additional development at the Property. The Grantee shall comply with each of the following covenants: a. The Grantee and its successors and assigns, shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain, and pave said sidewalk, including all necessary bridges, culverts, cuts, and ramps, at Grantee's sole cost and expense. b. Grantee agrees, for itself and for its successors and assigns, that any property affected by Grantee's entry pursuant to this Easement shall be restored to its condition prior to such entry at the Grantee's cost and within a reasonable time. C. Any improvements constructed by the Grantee shall be constructed as shown on the Plan and in accordance with any conditions imposed by the City of South Burlington or imposed by the District ##4 Environmental Commission in Land Use Permits or imposed by any other governmental or regulatory permit, rule, or regulation applicable to the Property. There shall be no material deviations from or modifications to the Site Plan or the plans and specifications submitted to, or the conditions imposed by, the City of South Burlington, the District ##4 Environmental Commission or any other governmental or regulatory body without the prior written consent of the Grantor or the Grantor's successors or assigns. d. Grantee agrees, for itself and its successors, that the Grantee will indemnify and hold the Grantor harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said right of way not attributable to the acts of the Grantor. The Grantee, and the Grantee's heirs, successors, and assigns, shall be solely responsible for repairing and maintaining any and all improvements now or in the future constructed or installed pursuant to the Easement. The Easement shall be perpetual and appurtenant to the land and shall bind the Grantor, and the Grantor's heirs, successors, and assigns. TO HAVE AND TO HOLD the Easement, with all of the privileges and appurtenances thereof, to the Grantee, and the Grantee's heirs, successors, and assigns, to the Grantee's own use and behoof forever. 2 The Grantor, for the Grantor and the Grantor's heirs, successors, and assigns does covenant with the Grantee, and the Grantee's heirs, successors, and assigns, that until the ensealing of these presents, the Grantor is the sole owner of the Easement and has good right and title to convey the same in the manner set forth in this Easement Deed. be IN WITNESS WHEREOF, the Grantor has caused this instrument to executed by its duly authorized agent this day of , 199. IN PRESENCE OF: Witness (as to both) Witness (as to both) STATE OF VERMONT COUNTY OF SS. "Declarant" Chittenden Bank, as successor to the Declarant and holder of the Declarant's rights By: And By: Its duly authorized agent Its duly authorized agent At , in said County, this day of , 199_, personally appeared and duly authorized agents of Chittenden Bank, and they acknowledged this instrument, by them subscribed, to be their free act and deed and the free act and deed of Chittenden Bank. Witness Witness Witness Witness Before me: Notary Public My Commission Expires: 3 "Owners - Lot A" Timothy O'Brien, and William H. O'Brien, Jr. STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, this day of , 1994, personally appeared Timothy O'Brien and William H. O'Brien, Jr., and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: "Owners - Lot B" Patcob, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of , 1994, personally appeared the duly authorized agent of Patcob, Inc., and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Patcob, Inc. Witness Witness Before me, Notary Public My commission expires: 4 "Owners - Lot C" (Unit C-1) RPG Associates By: Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, this day of , 1994, personally appeared , the duly authorized agent of RPG Associates, and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of RPG Associates. Witness Witness Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit C-2) Roger P. Fay, Sr., and Roger P. Fay, Jr., and Matthew G. Fay At in said County, this day of , 1994, personally appeared Roger P. Fay, Sr., Roger P. Fay, Jr., and Matthew G. Fay, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: k Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. (Unit C-3) Davis J. Cable At in said County, this day of 1994, personally appeared Davis J. Cable, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit C-4) Davis J. Cable, and Elizabeth P. Cable At If in said County, this day of IF 1994, personally appeared Davis J. Cable and Elizabeth P. Cable, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: 2 Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. (Unit C-5) Paul Kaza, and Nancy N. Kaza At in said County, this day of 1994, personally appeared Paul Kaza and Nancy N. Kaza, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness Before me, Notary Public My commission expires: 7 "Owners - Lot D" (Unit D-1, D-2) Gordon Ahlers, a Catherine Ahlers STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, this day of , 1994, personally appeared Gordon Ahlers and Catherine Ahlers, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: (Unit D-3) Arrow Tech Associates, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its duly authorized agent At in said County, this day of 1994, personally appeared , the duly authorized agent of Arrow Tech Associates, Inc., and acknowledged this instrument, by subscribed, to be free act and deed and the free act and deed of Arrow Tech Associates, Inc. Before me, Notary Public My commission expires: (Unit D-4) Witness David Bell, and Witness Witness Susan Bell Witness E. STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared David Bell and Susan Bell, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit D-5) Norman Clark, and Rosemary Clark At in said County, this day of , 1994, personally appeared Norman Clark and Rosemary Clark, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Before me, Notary Public My commission expires: wo (Unit D-6A) Paul Holtz STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Paul Holtz, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Before me, Notary Public My commission expires: (Unit D-6B) Sopher Investments Management By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of 1994, personally appeared , the duly authorized agent of Sopher Investments Management, and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Sopher Investments Management. Witness Witness Witness Witness Before me, Notary Public My commission expires: 10 (Unit D-7) Jerrold Manock, and Mary Ellen Manock STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of , 1994, personally appeared Jerrold Manock and Mary Ellen Manock, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: (Unit D-8) Arrow Tech Associates, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of 1994, personally appeared the duly authorized agent of Arrow Tech Associates, Inc., and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Arrow Tech Associates, Inc. Witness Witness Witness Witness Before me, Notary Public My commission expires: 11 "Owners - Lot E" (Unit E-1) William O'Brien, Jr., and Timothy O'Brien STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared William O'Brien, Jr. and Timothy O'Brien, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit E-2, E-3, E-6) Dennis Blodgett At in said County, this day of 1994, personally appeared Dennis Blodgett, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Before me, Notary Public My commission expires: 12 (Unit E-4) Mark D. Hill STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Mark D. Hill, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit E-5) John Tenney, and Edna Tenney At in said County, this day of 1994, personally appeared John Tenney and Edna Tenney, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness Before me, Notary Public My commission expires: 13 (Unit E-7) Robert Rothman, and Lorrie Rothman STATE OF VERMONT CHITTENDEN COUNTY, SS. At I in said County, this day of 1994, personally appeared Robert Rothman and Lorrie Rothman, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: "Owners - Lot F" Richard Eastman, and Margaret Eastman At in said County, this day of 1994, personally appeared Richard Eastman and Margaret Eastman, and they acknowledged this instrument, by them subscribed, to be their free act and deed. f\a\k\Ikwdesmt.ded Before me, Notary Public My commission expires: 14 JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN MICHAEL B. CLAPP SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEAIUN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. STEVEN L. KNUDSON VIA HAND DELIVERY Steven F. Stitzel, Esq. Stitzel & Page, P.C. 171 Battery Street, 2nd Floor Burlington, VT 05401 Dinse, Erdmann & Clapp ATTORNEYS AT LAW 209 BATTERY STREET P. O. BOX 988 BURLINGTON, VERMONT 05402-0988 TELEPHONE TELECOPIER 802-864-5751 802-864-1960 March 24, 1994 NOAH PALEY SANDRA A. STREMPEL MOLLY K. LEBOWITZ PIETRO J. LYNN PHILIP C. WOODWARD SARAH GENTRY TISCHLER SUSAN J. FLYNN JEFFREY J. NOLAN DOUGLAS D. LE BRUN• SHAPLEIGH SMITH, JR. ROBERT A. SPENCER'" -ADMITTED IN LA ONLY • • ADMITTED IN NY ONLY • -ADMITTED IN DC & VA ONLY MAR2 4 i994 Stitzel & Page, P.C. Re: Sidewalk Easement - Lakewood Commons, South Burlington, VT Dear Steve: I have enclosed a revised Sidewalk Easement Deed for Lakewood Commons, South Burlington. The revised easement incorporates the item discussed in our conversation yesterday and the items contained in the form of sidewalk easement deed you gave me. Would you kindly review this Sidewalk Easement Deed and let me know if you have any additional comments. Thank you. Very truly yours, DINSE, RDMANN & CLAPP S n L. Knudson SLK:rdg Enclosure WHEREAS, pursuant to the terms and conditions of a Declaration of Covenants, Conditions, and Restrictions for Lakewood Commons, a Planned Business Community, dated December 18, 1986, and recorded in Book 217 at Page 115 of the City of South Burlington Land Records, as amended by a First Amendment to Declaration of Covenants, Conditions, and Restrictions for Lakewood Commons, a Planned Business Community, dated September 23, 1988, and recorded in Volume 270 at Page 140 of the South Burlington Land Records (collectively, the "Declaration"), the so-called Lakewood Commons Development, located at 1223 Shelburne Road, South Burlington, Vermont (the "Property") was created. WHEREAS, the Lakewood Commons Development is more particularly shown and depicted on a plan entitled, "Plat of Survey of Lakewood Commons, South Burlington, VT",.prepared by Trudell Consulting Engineers, Inc., dated December 16, 1986, last revised _, 199_, and recorded or to be recorded in Map Book _, Page _ of the South Burlington Land Records (the "Plan"); WHEREAS, the Chittenden Bank, as holder of the Declarant's rights, and the Owners of the lots and units at Lakewood Commons, as more fully described on the signature page, have applied for and have received approval from the South Burlington Planning Commission, by a resolution of the Planning Commission duly adopted at a meeting held on January 11, 1994, to subdivide the 4.65 acre Lakewood Commons Planned Unit Commercial Development into seven (7) lots, six (6) of the lots to follow the footprints of the six (6) existing buildings at Lakewood Commons, ranging from 3,830 to 5,728 square feet, and the seventh lot consisting of the remaining common land as depicted on the Plan; WHEREAS, the Planning Commission's approval requires that each of the lots at Lakewood Commons shall be tied together legally as a planned unit development for all planning, zoning, and subdivision purposes. NOW, THEREFORE, the Declarant and the undersigned Owners hereby give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the Property unless or until modified or removed by the South Burlington Planning Commission or its successors: 1. The Property shall be developed and used in accordance with the terms and conditions of the approvals of the South Burlington Planning Commission granted on January 11, 1994, and the prior approvals of the Commission, as may be amended from time to time. 1 2. Although all of the lots at the Property are legally separate lots under the City of South Burlington subdivision regulations, the Property and shall constitute a single parcel of land for purposes of compliance with the City of South Burlington land development regulations, including, without limitation, its zoning and subdivision regulations now in effect or hereafter amended or adopted. The Declarant and the Owners hereby covenant and agree that for purposes of compliance with and application of the City of South Burlington land development regulations, the Property shall continue to be regarded as a single parcel of land, even if the lots are conveyed to separate owners. 3. The proper party for purpose of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be the Declarant, or any or all of the Owners of the Property. The City shall act upon any application submitted by the Declarant or by any or all of the Owners and shall not be required to resolve a dispute between the Owners or between the Owners and the Declarant as to the respective rights thereof. It shall be the duty of the Declarant and/or the Owners to notify all others having an interest in the Property that may be affected by the application proceedings of the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation against all or any portion of the Property, including zoning or subdivision regulations, may in the City's sole discretion be brought against some or all of the Owners of the property. It shall be the duty of such Owners to notify all others having an interest in the property that may be affected by the enforcement proceeding of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable in the City's sole discretion against some or all of the Owners of the Property. 5. This Notice of Condition shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property. 6. This Notice of Condition shall be binding upon the Owners, the Declarant, and the Owners' and Declarant's successors and assigns. 2 IN WITNESS WHEREOF, the parties have executed this notice of conditions as of the day of , 1994. "Declarant" Chittenden Bank, as successor to the Declarant and holder of the Declarant's rights By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of 1994, personally appeared the duly authorized agent of Chittenden Bank, and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Chittenden Bank. Witness Witness Witness Witness Before me, Notary Public My commission expires: 3 "Owners - Lot A" Timothy O'Brien, and William H. O'Brien, Jr. STATE OF VERMONT CHITTENDEN COUNTY, SS. At , in said County, this day of , 1994, personally appeared Timothy O'Brien and William H. O'Brien, Jr., and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: "Owners - Lot B" Patcob, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of 1994, personally appeared the duly authorized agent of Patcob, Inc., and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Patcob, Inc. Witness Witness Before me, Notary Public My commission expires: 4 "Owners - Lot C" (Unit C-1) RPG Associates By. Its Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At It in said County, this day of 1994, personally appeared the duly authorized agent of RPG Associates, and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of RPG Associates. Witness Witness Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit C-2) Roger P. Fay, Sr., and Roger P. Fay, Jr., and Matthew G. Fay At , in said County, this day of , 1994, personally appeared Roger P. Fay, Sr., Roger P. Fay, Jr., and Matthew G. Fay, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: 5 Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. (Unit C-3) Davis J. Cable At in said County, this day of 1994, personally appeared Davis J. Cable, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit C-4) Davis J. Cable, and Elizabeth P. Cable At in said County, this day of , 1994, personally appeared Davis J. Cable and Elizabeth P. Cable, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: 11 Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. (Unit C-5) Paul Kaza, and Nancy N. Kaza At in said County, this day of , 1994, personally appeared Paul Kaza and Nancy N. Kaza, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness Before me, Notary Public My commission expires: 7 "Owners - Lot D" (Unit D-1, D-2) Gordon Ahlers, and Catherine Ahlers STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Gordon Ahlers and Catherine Ahlers, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: (Unit D-3) Arrow Tech Associates, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its duly authorized agent At in said County, this day of , 1994, personally appeared , the duly authorized agent of Arrow Tech Associates, Inc., and acknowledged this instrument, by subscribed, to be free act and deed and the free act and deed of Arrow Tech Associates, Inc. Witness Witness Witness Witness Before me, Notary Public My commission expires: (Unit D-4) David Bell, and Susan Bell STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared David Bell and Susan Bell, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit D-5) Norman Clark, and Rosemary Clark At in said County, this day of 1994, personally appeared Norman Clark and Rosemary Clark, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Before me, Notary Public My commission expires: E (Unit D-6A) Paul Holtz STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Paul Holtz, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Before me, Notary Public My commission expires: (Unit D-6B) Sopher Investments Management By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At I in said County, this day of 1994, personally appeared , the duly authorized agent of Sopher Investments Management, and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Sopher Investments Management. Before me, Notary Public My commission expires: (Unit D-7) Witness Jerrold Manock, and Witness Witness Mary Ellen Manock Witness 10 STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Jerrold Manock and Mary Ellen Manock, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Before me, Notary Public My commission expires: (Unit D-8) Arrow Tech Associates, Inc. By: Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Its Duly Authorized Agent At in said County, this day of , 1994, personally appeared , the duly authorized agent of Arrow Tech Associates, Inc., and acknowledged this instrument, by _ subscribed, to be free act and deed and the free act and deed of Arrow Tech Associates, Inc. Witness Witness Witness Witness Before me, Notary Public My commission expires: 11 "Owners - Lot E" (Unit E-1) William O'Brien, Jr., and Timothy O'Brien STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this 1994, personally appeared William O'Brien, Timothy O'Brien, and they acknowledged this instrument, subscribed, to be their free act and deed. Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit E-2, E-3, E-6) Dennis Blodgett day of Jr. and by them At in said County, this day of , 1994, personally appeared Dennis Blodgett, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Before me, Notary Public My commission expires: 12 (Unit E-4) Mark D. Hill STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County, this day of 1994, personally appeared Mark D. Hill, and he acknowledged this instrument, by him subscribed, to be his free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: (Unit E-5) John Tenney, and Edna Tenney At in said County, this day of 1994, personally appeared John Tenney and Edna Tenney, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Before me, Notary Public My commission expires: 13 (Unit E-7) Robert Rothman, and Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Lorrie Rothman At in said County, this day of 1994, personally appeared Robert Rothman and Lorrie Rothman, and they acknowledged this instrument, by them subscribed, to be their free act and deed. Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. Before me, Notary Public My commission expires: "Owners - Lot F" Richard Eastman, and Margaret Eastman At I in said County, this day of 1994, personally appeared Richard Eastman and Margaret Eastman, and they acknowledged this instrument, by them subscribed, to be their free act and deed. f\p\k\Iakewood.not Before me, Notary Public My commission expires: 14 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 20, 1994 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05401 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on 1/11/94. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days of approval. If you have any questions, 1 Encl JW/mcp cc: John Pitrowiski Steve Knudson, Esquire please give me a call. in erel , Z J Weith, City Planner PLANNER 658-7955 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 05401 February 9, 1994 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the January 11, 1994 Planning Commission minutes. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days of approval. If you have any questions, 1 Encl JW/mcp cc: John Pitrowiski Steve Knudson, Esquire please give me a call. S' c rel , r4-- Jo Weith, City Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 25, 1994 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05402 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find a corrected copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on January 11, 1994. Please note the conditions of approval including the requirement that the final plat plan be recorded within 90 days of approval. If you have any questions, please give me a call. erel , oe Weith, City Planner 1 Encl JW/mcp cc: John Pitrowiski Steve Knudson, Esquire 1 I I I I y � F& %v17"t' -4- (2, ( � V14 i"I L'V� ,5A,et� 411tel-"- - L4-", u C- 4t o vex- v 1/11/94 MOTION OF APPROVAL LAKEWOOD I move the South Burlington Planning Commission approve the revised final plat application of Chittenden Bank to amend the Lakewood Commons planned commercial development by subdividing 4.65 acres of land into seven (7) lots, six (6) of the lots to follow the footprints of the six ( 6 ) existing buildings (3,830 to 5,728 square feet) and the seventh lot consisting of the remaining common land, as depicted on a two ( 2 ) page set of plans, page one entitled "Plat of Survey of Lakewood Commons, South Burlington, Vermont", prepared by Trudell Consulting Engineers, Inc. and dated 12/16/86, last revised 12/10/93, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Prior to recording the final plat plans, the applicant shall record a "Notice of Condition" which identifies the Lakewood Commons development as a planned unit development (PUD) and which legally ties all seven (7) lots together as one PUD for all planning, zoning and subdivision purposes. In addition, the "Notice of Condition" shall indicate that all seven lots are considered one for purposes of calculating density and coverage. A draft "Notice of Condition" shall be submitted to the City Attorney for approval prior to recording. 3. Prior to recording the final plat plans, the applicant shall record an easement for the portion of the sidewalk along Shelburne Road which is located on the applicant's property. A draft easement shall be submitted to the City Attorney for approval prior to recording. 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 final plat plans shall be signed by the Planning Commission Chair or Clerk prior to recording. (mo-lc) Memorandum January 11, January 7, Page 2 4) - Planning 1994 agenda items 1994 LAKEWOOD COMMONS - 7 LOT PUD -REVISED FINAL PLAT This project consists of subdividing a 4.65 acre lot into seven (7) lots. Six (6) of the lots will be equal in size and dimension to the footprint of the six (6) buildings on the lot. The sketch plan was reviewed on 10/12/93 (minutes enclosed). The last review of this project by the Planning Commission was on 4/16/91 when the merging of 1.7 acres of land to the original Lakewood Commons property and the constructing of a hotel and office/retail building were approved. The approval of this plan would supersede the approval of the 4/16/91 plan. This project located at 1233 Shelburne Road lies within the C1 District. It is bounded on the north by undeveloped land, on the east by Shelburne Road, on the south by an auto dealership and on the west by a warehouse/distribution facility. Lot size: Lots A-F range in size from 3,830 to 5,728 square feet. Lot G is 4.03 acres. The minimum lot size in this district is 40,000 square feet. Section 11.507(b) of the zoning regulations allows the Planning Commission to modify certain area and dimensional standards with the exception of lot size. The Zoning Board of Adjustment on 11/8/93 granted the applicant variances to reduce the lot size. Access: No access changes proposed. The remaining lot will provide the legal access for the six ( 6 ) small lots. A note on the plan so indicates. Setbacks/coverage: This proposal will result in the six (6) small lots having a zero ( 0 ) setback on all sides and 100% coverage. The Planning Commission can modify setback requirements and coverage limitations under Section 11.507(9b) of the zoning regulations. `t u`h Notice of Condition: The applicant should be required to submit for final plat a Notice of Condition which ties all lots together for zoning, subdivision and planning purposes. Sidewalk: The easement deed for that portion of the sidewalk located on the applicant's property should be submitted for review and approval by the City Attorney. This document should be recorded prior to oratthe same time the final plat is recorded., 2 tt 4 ,1 �6 , Ce City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 7, 1994 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05402 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 11, 1994 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Vin erely, J e Weith, City Planner Encls JW/mcp cc: John Pitrowiski Steve Knudson, Esquire PLANNING COMMISSION 12 October 1993 page 9 open-end approval. Mr. Beldock said there are no traffic studies for this kind of facility but they will supply net income data, etc. Members agreed to allow the applicant to go to revised final plat. 6. Sketch plan application of Chittenden Bank to amend the Lakewood Commons planned commercial development by subdividing 4.65 acres of land into 7 lots. Six lots follow the footprints of the 6 existing buildings while the seventh lot consists of the remaining common land: Mrs. Maher swore in those giving testimony. Mr. Pitrowski of Trudell Engineers said the project began with a problem with the number of seats in Jake's. The State says that because when the buildings were sold the land beneath them was also sold, this requires a subdivision. Mr. Craig asked if doing this would affect the pcd status. Mr. Weith said there would still be a pcd and any changes would require a review of the whole pcd. The problem is minimum lot size can't be modified and a variance would be required. Mr. Burgess told the applicant they would have to go to the Zoning Board to prove this subdivision should exist. Mr. Pitrowski said they will remove the approved other retail building and the hotel. Mr. Teeson asked how many owners there will be. Mr. Pitrowski said he thought 6 plus the bank which owns the land in common. As there was no further business to come before the Commission, the meeting adjourned at 10:00 pm. A /) %� vU CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) I ' 9�t/ oe- .7 YvA Vzz) d -2,S )'LQ a' r 7 h �. 2) APPLICANT (name, address, phone # ) to I / J Vat-7, jOC � �� Vlr I ,YAK i��t. K (, �� ti A �i' �' ��Fj � . I�r �✓I� Y� ��If�, Sr(� 'f., ,�) /`�� 3) CONTACT PERSON (name, address, phone # ) �� S IA l ) 4) PROJECT STREET ADDRESS: �� I �Lt�1�A .>UAIQ 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) � 1X )UOAn o MAi4 'q 4a'MA-f 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building 9G; landscaped areas building, parking, outside storage % 10) COST ESTIMATES: Buildings $ TOO Landscaping $ Other Site Improvements (please list with cost) $ 11) ESTIMATED PROJECT COMPLETION DATE: 5 <- 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 12-1p.m. 1-2 p.m. 2-3 p.m. 3-4 p.m. 4-5 p.m. 5-6 p.m. 6-7 p.m. 13) PEAK HOURS OF OPERATION: 14) PEAK DAMS OF OPERATIO DATE OF SUBMISSION DATE OF HEARING SIGNATURE OF AMYL I CAN"l ROAD PROJECT LOCATION THOMAS A. FARRELL ( Sv P [a!) 94' ROAD IEXISTNO) so'[AacMENT I � I 1" Ae \ Aq ALEXANDER LEWIS IV. NG P i14) n1 •o 6r I I LOT •c• ALEXANDER LEWIS I- We P ¢4) DCCLLRATION OF L'ONOOLLINIUx V. "1 P. 401 UNIT C-1 CHITTENDEN SINK "I SOa C-1 IN ROGER SAY, ET AL lla ]0{ C-1 CNITT[NDER SANK 111 !0. C-4 tASti 140 11 IN ►LOCH PIAHS Lf 11 LOT •D- I -17 0-TIOII O► NLIOONINIa V. .51 P. ]!] UNIT D-1 0. . C. ANLNMUR. ]!I ]aa D-1 0. i C. 9K BANK "1 16{ D-] CNITTEHDEr SANK ll] !Oa D-4 D. a 111 46! D-! N. . R. CLARR l!a IN D--A P. NOLTE 1{1 11 D-4S NOW[NY-HIWJIL PARTNERSHIP "a "I D-T J. 6 R. NANOCK I36 11 D-4 ARROIRECtl Asset. INC. 161 103 rLOoR PLALU 151 1e-11 LOT •P DECLUTATI00 OF COr0011IKZUN V. ]N P. 1{! UNIT E T. INRInI TIE lfe I-1 D. fLODOe1T "I a1T E-] D. RIDOGiTR 11, 41! t-1 R. SILL 116 311 S. TENNEY ].I ]lr E-f IS. a T. ORRIEN ]A! I15 E-T R. A L. ROTNNAM .11 40. rLODA PLANS 15I A, 94 APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON. VT. ON THE _ DAY OF — 19931 SUB.ECT TO THE REOUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS —_ DAY OF IOU BY CHAIRMAN OR CLERK. E W VIA TWf FLA A SAID ON A HAT SY GEORGE BEDARD LS., ENTITLED 1 �p� \/\/1 •THEWS A FAM[LL 1ROPERTY• AND REL�RDID N YOL. A 11ACF i0 Of M EOUM NSl WSION LAM KC0110S. NO TI[LD •OE( EI OE[D « +o = . R[YARON WKS DON[. INO THE LANDS OONVEYm TO LAK[NOOO As60t V �e ,44.E �• �'ID BY TNOVAS A FARRELL AM A PONTIDN OF THE LADS COI61M TO TNOtAAf A RLNLELL IN Kt. DI ARE[ ADD NIL[ NJVOt d TMM FlM R TO 11EPCT sl M NALDINGS AND LAVED ARE". Y THOMAS A. FARRELL Iv n P 400) N a•Nlro [ — _ � Gae c zn • ]• on ue ae s I .. ..a ❑ • a on as r on e ai a. a ua 4Ae LOT a 4le4 to ca • x]o sort . �I •e II c „ i «.o I'0 LOT Is T E. LOEFFLER 'E' [ ■ .0 v ET4 P 306 '• LOT 'O' 460E s0 FT eo an LOT'B' a• •+ «o• lFRO 30 FT COMMON LAND NA' •, 4.0I ACRES a" TO sm, ..T A m w .31 ... DW 10 .� 1' an a R LOT! A-F G6 an Nu sa a' aAS an 13 .•, is a•o.r..L i.R6F • •'6 0 .P � e LOT 'A' / 4{• W •T D.RI[M Ile a0rtr V..Se SOFT, R6 4�4V @II .AM. [AITMAN II L9 V.1/S P 14S sell SO. FT 1 EASEMENT TO CITY OF SOVTN SURLINOTON m FOR SIDEWALK PURPOSES � . I v L U SHELBURNE ROAD MAR2 0 1996 TOTAL AREA- 4.65 ACRES City of So. Burlington RECEIVED DEC LEGEND 9 R A P N I C S C A L E Q SAVVY "I FEET O MOMAENT s@ O NO GO b HD O WON NK METER! a O 0 SD !0 40 REVISED 1V 161KY CNANOE .UILDIW A I. am qry d SL Burlington PLAT OF SURVEY OF LAKEWOOD COMMONS SOUTH BUtLINGTON, VERMONT wAWr AID wn IEAS/N ='A .eoea •<L• eoo. TRUDELL CONSULTING ENGINEERS, INC- "„NNDe, D. t wt 11 [SEES SON ;�.�. z n,on ti N/F THOMAS A. FARRELL N/F �F ALEXANDER LEWIS I"•,N+ A. :rA ' BLDG. BLDG. • " 'C' AN Yv: n.e Yv • eN+s � � rvc A rtur..o�eouw+s [�vC�, ,1 BLDG. 'B' DxN eC wv NiD I BLDG. A' COURTYARD PLAN I"• 20, N/F ALEXANDER LEWIS ANv N• LEGEND —S— SEWN LAK — "TER LANE -SD- ST-WINNAANAGE L r -PIT- M-N/TELEPHONE LYES - G — SAS LIME ».— VALVE ON c,0aRSTOP «- HYDRANT tR L—NIAME • LVRNAWNTAL LtARR—RE N/F THOMAS A. FARRELL , t Yv�Ne+, wv • o..e i l•Di W • AD nm I _ • _ 'D c AD I BLDG. 'D ' y BLG G•u '••" •ir ru I �D. rrf I G • N tifN e.0 l'rK w A"'•'l•,t� ns, BLDG. Eo.o' � SEE / I,L••! Ve BLDG. IBI COURTYARD `/ @ i I C PLAN , c T Ym. l,.r ,—moo IL .,,off i RL HD •LG, A.l•c \ TD —./T • 0 BLDG 'A' � -10 °r —� ,✓ i ♦ xrD. �� N.G•xT II NY. „eo.• BLDG.'F' . YN • 1...� �w I Ax. • t •� • ND.f _• a I Yv • ND.f� ,•k Yv AN.• L- m"u! ieif Yv • ND D SHELBURNE ROAD Yx ..... AMC THIS RECORD DRAVING IS EASED EPON INFORMATION LOCATED IN THE FIELD AMD 5DPPLI ED BY GREEN MEN. DESIGNMILDERS. INC., DEl'EW Ek. ALL MLITIES ARE SHENN IN APPROIIRATE LOCATIONS. COk X&MR5 511MLD CONTACT THE FOLIATING GWNIZATIGHS EATON TO An EICAVATICA: 1. DIG SAFE TELEPHONE: 1-0 225 977 2. V13M.'E GAS STSTEMS, INC. 21 SATFI STREET MINGT00'. REM Ni DUD) TF1.EPIRAE. 863-45SITE PLAN TOTAL AREA - 4.65 ACRES rk v L) MAR 2 0 1996 City Of So. Buirxngtuff.2..ED city d Sa Buftft I EINWI N0: 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, January 11, 1994 at 7:30 P.M. to consider the following: 1. Preliminary Plat application of Norman and Marietta Chappell for subdivision of 5.17 acres of land containing a commercial building and single-family dwelling into two (2) lots of 1.64 acres (commercial building) and 3.53 acres (single-family dwelling), 1437 Williston Road. 2. Revised final plat application of Chittenden Bank to amend the Lakewood Commons planned commercial development by subdividing 4.65 acres of land into seven (7) lots. Six (6) lots follow the footprints of the six ( 6 ) existing buildings (3,830 to 5,728 square feet) while the seventh lot consists of the remaining common land (4.03 acres), 1233 Shelburne Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission December 25, 1993 Y TRUDELL CONSULTING ENGINEERS, INC. December 9, 1993 Mr. Raymond J. Belair Zoning and Planning Assistant City of South Burlington 575 Dorset Street South Burlington, VT 05403 RE: Lakewood Commons, 7 Lot Subdivision Dear Mr. Belair: I offer the following in response to the city's review comments: The survey plat has been revised to indicate a revision date of 10/14/93 instead of 10/14/94. A new revision date of 12/10/93 has been added to reflect the most recent changes. 2. A note has been added to the survey plat to indicate that Lot G will serve as the common R.O.W. to lots A-F. 3. The projection on the east side of Lot B is not intended to be part of the lot. 4. The concrete sidewalk along Shelburne Road has been added to the plat along with the appropriate language allowing the City an easement for the portion located on Lot G. By copy of this to Mr. Steve Knudson of Dinse, Erdmann & Clapp (Bank Attorney), he will follow up and execute the appropriate deed allowing the easement for the City. I have enclosed for your review two copies of the revised survey plat. If you have any questions please do not hesitate to contact me. Very truly yours, TR L O S T G ENG EERS, INC. P. itrowiski Encl. cc: Mr. Steve Knudson Mr. Don Martin JPP/nad LCBelair.sam P O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 6, 1993 Don Martin Chittenden Bank P.O. BOX 820 Burlington, Vermont 05401 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments, if appropriate, with additional information and/or revised plans by no later than Thursday, December 30, 1993. If you have any questions, please give me a call. Since ly, G a Raymo d J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: John Pitrowiski Steve Knudsen, Esquire Memorandum - Planning October 12, 1993 agenda items October 8, 1993 Page 8 Staff recommends a vehicular access between the parking area for the proposed building and the parking area to the east if grades allow. This connection would improve traffic circulation and would allow patrons of the bank, McDonald's and the indoor recreation facility access without having to use Fayette Road. Coverage/setbacks: Coverage information should be submitted for revised final plat. It should pertain to the commercial portion of the L&M Park PCD. The 40 foot setback requirement from Fayette Road is not being met. The setback proposed is 20 feet. The Planning Commission under Section 11.507b. of the zoning regulations may modify the setback requirements. Parking: The number of parking spaces for the commercial portion of the PCD is being reduced from 466 spaces to 440 spaces. The applicant must submit a revised shared parking study which justifies the parking reduction. The applicant should also provide bicycle parking facilities for the proposed building and other buildings within the PCD as required under Section 19.253 of the zoning regulations. Traffic: The original approval for L&M Park limited the P.M. peak hour trip generation to 623 additional vehicle trip ends (vte's) during the P.M. peak hour. The applicant should provide a trip generation assessment for revised final plat. Landscaping: The revised final plat must include a landscaping plan. The applicant should provide an estimated cost of the building in order to determine the minimum landscaping requirement. Sewer: Applicant should provide an estimate on the number of patrons who would use this facility on a peak day. This information is necessary to estimate sewer demand. Lighting: Exterior lighting details must be submitted. 6) LAKEWOOD COMMONS - 7 LOT PUD - SKETCH PLAN This project consists of subdividing a 4.65 acre lot into seven ( 7 ) lots. Six (6) of the lots will be equal in size and dimension to the footprint of the six (6) buildings on the lot. The seventh lot N. Memorandum - Planning October 12, 1993 agenda items October 8, 1993 Page 9 will be all the remaining land which will provide access to the lots. The last review of this project by the Planning Commission was on 4/16/91 when the merging of 1.7 acres of land to the original Lakewood Commons property and the constructing of a hotel and office/retail building were approved. The approval of this plan would supersede the approval of the 4/16/91 plan. This project located at 1233 Shelburne Road lies within the Cl District. It is bounded on the north by undeveloped land, on the east by Shelburne Road, on the south by an auto dealership and on the west by a warehouse/distribution facility. Lot size: Lots A-F will range in size from 3,800 to 5,700 square feet. The minimum lot size in this district is 40,000 square feet. Section 11.507(b) of the zoning regulations allows the Planning Commission to modify certain area and dimensional standards with the exception of lot size. Therefore, the applicant will need to obtain variances from the Zoning Board of Adjustment to create lots smaller than permitted. Access: No access changes proposed. The remaining lot will provide the legal access for the six ( 6 ) small lots. A note should be added to the plan to note that the remaining lot will serve as the common right-of-way for lots A-F. Setbacks/coverage: This proposal will result in the six (6) small lots having a zero ( 0 ) setback on all sides and 100% coverage. The Planning Commission can modify setback requirements and coverage limitations under Section 11.507(9b) of the zoning regulations. Notice of Condition: The applicant should be required to submit for final plat a Notice of Condition which ties all lots together for zoning, subdivision and planning purposes. w] Preliminary Memo - Planning January 11, 1994 agenda items December 6, 1993 Page 2 provided by Green Tree Park Association can not be counted towards the landscaping requirement. --- provide front yard coverage percentage along Gregory Drive. --- if phase 2 will have a dumpster, it must be shown and screened. --- bicycle parking facilities should be provided (Section 19.253b of the zoning regulations). LAKEWOOD COMMONS - 7 LOT PUD-REVISED FINAL PLAT --- survey plat has a revision date of 10/14/94, how is this possible? --- a note should be added to the survey plat indicating that lot "G" will serve as the common right-of-way to lots A-F. --- will the projection on the east side of lot B be a part of lot "B"? If so, then all dimensions must be shown and area included in the lot. GAGNON'S DAY SCHOOL - DAY CARE FACILITY - SITE PLAN Plan should be revised to show the following information: --- lot dimensions --- scale of plan --- north arrow --- show location of dumpster, if one is to be used, and it must be screened. --- show locations of existing and proposed exterior lighting. --- show all existing and any proposed landscaping. --- show all lawn areas and gravel ares, they should be labeled. Other comments: --- provide coverage information for building, overall and front yard. --- access drive must be widened to 20 feet. --- submit details of existing and proposed exterior lighting including type and wattage. --- this application results in the property generating 2.9 vehicle trip ends during the P.M. peak hour more that the Traffic Overlay District permits. The Planning Commission will have to decide whether to approve this level of traffic. --- applicant will be required to contribute $2,336 to Williston Road Area #2 Traffic Improvement Fund for the 16.19 additional trip ends to be generated. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments January 11, 1994 Agenda items Date: December 6, 1993 PROPOSED DAY CARE - 1537 WILLISTON ROAD 1. Provisions should be made to allow for turnaround. This could be made by deleting parking space No. 1. 2. Use will generate traffic during peak hours on Williston Road making ingress and egress dangerous. LOT NO. 1 - GREEN TREE PARK - SHUNPIKE ROAD - KIMBALL AVENUE 1. Entrance drive shall have a concrete depressed curb. 2. Existing fire hydrant on Gregory Drive is 24 feet from north- east property corner not 45 feet as plan shows. This would require it to be moved or driveway relocated. 3. The north -south leg of Shunpike Road across from the destroyed Willis barn does not have curbs. Plan shows curbs. LAKEWOOD COMMONS - SHELBURNE ROAD There is a 5 foot concrete sidewalk constructed along Shelburne Road portions of which is on private property. This sidewalk should be shown and portions outside of the street r.o.w. deeded to the City. TEXACO STATION - SWIFT - SHELBURNE ROAD Plan received by City November 10, 1993 is acceptable. ��^~°"*� T� V- mtmr ��^ �� mm� �� «��=� �/�� ^v� 575 Dur$$t #trect ��v0tk 4-Burlington, Ifer1ntin1 U541113 FAX: (802)658'47*8 (802)658'7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM� CHIEF GODDETTE SR,, RE: TUESDAY JANUARY 11,1994 DATE: DECEMBER 1,1993 1. 1-GREEN TREE PARK GREGORY DRIVE JOB # 93603 DATED 11/15/93 THIS PLAN HAS BEEN REVIEWED BY THE FIRE DEPARTMENT. FOR FOR PHASE #1 THE TWO HYDRANTS IS ADAQUITE BUT WHEN PHASE 02 IS BUILT A THIRD HYDRANT WILL BE REQUIRED AT A LOCATION APPROVED BY THE FIRE CHIEF. 2. LAKEWOOD COMMONS PROJECT # 85086 DATED 12/16/93 AT THIS TIME I DO NOT SEE A PROBLEM WITH THIS PROJECT WHICH WOULD EFFECT EMERGENCY PROTECTION. 3. KATHERINE BLAIR DATED 11/23/93 1537 WILLISTON ROAD DAY CARE PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND I DO NOT SEE A PROBLEM FOR OUR DEPARTMENT ON THIS PROJECT. SHE IS REQUIRED TO HAVE AN APPROVAL BY THE STATE DEPARTMENT OF LABOR AND INDUSTRY TO MAKE SURE THE BUILDING IS UP TO CODE . 4. GARY J. BOURNE DATED 6/87 760 SHELBURNE ROAD PLAN HAS BEEN REVIEWED BY THIS DEPARTMENT AND NO CHANGES ARE BEING MADE TO THE PROPERTY AS FAR AS USE . I DO NOT SEE A PROBLEM WHERE IT WILL CHANGE EMERGENCY PROTECTION IF NEEDED. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 1, 1993 Don Martin Chittenden Bank P.O. BOX 820 Burlington, Vermont 05402 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the October 12, 1993 Planning Commission meeting minutes. If you have any questions, please give me a call. n erel , J e Weith, City Planner 1 Encl JW/mcp cc: John Pitrowiski Steve Knudsen, Esquire prgect time: LAKEWOOD DEVELOPMENT SOUTH BURLINGTON, VERMONT 1b no: 85086 revisions/notes: ADD BLDG. F AND MISC. REVISIONS II--1988 KMD 2. ADD BLDG. F UTILITIES AND REVISED PARKING p-2121- 88 KMD ] ADD GRADES OF MH IA 6-29. 69 KMD TRUDELL CONSULTING ENGINEERS INC. drawn by: AHMAD . WILLISTON, VERMON7 chocked: RPT shoot title: SITE PLAN- RECORD DRAWING approved: scab: 1 30' "• date: 3100188 BLDG. 'B' NOV 19 1993 of cn. Rurlinatorl ce RIM • 2176 MV. • 212.0 a RIM • 220.0 NV • 218.7 —Co .3 RIM • P37.3 NV. • 233.2 f . SO • le•. TRUE y �a �RETW N/F THOMAS A. FARRELL BLDG. Cw w ILA RIM • 236.T INV. • 233.7 �1 �o C6 . 36 RIM • 246.. NV. • 236.0 PVC !D 9 MI w6 NOTE SEE SITE PLAN FOR APPROXIMATE LOCATION OF GAS . POWER AND TELEPHONE LINE! .o ON o w ec RIM • 244.• V • 24N.0 M BLDG. COURTYARD PLAN 1'• 20' STORN M RIM • 234 NV • 224 C6a 3 RIN • z: MV + 21 N/F ALEXANDER LEWIS YN w t RIM • 24 MV.a 21 MN w I RIM • 2 V. • N2 N/F ALEXANDER LEWIS LEGEND — S— SEWER LOVE — W— MMTER LINE — SD— STORM/DRAWAGE L - PVT- POWERiTELEPHONE —G— GAS LINE —so-- VALVE OR CURBSTOP *- HYDRANT ■ LUMINAIRE • ORNAMENTAL LUMW, D-6B WORTHEN-MILLER PARTNERSHIP 332 514 D-7 J. i M. NANOCX 256 77 D-8 ARROWTECH ASSOC. INC. 261 103 FLOOR PLANS 252 19-21 LOT "E" DECLARATION OF CONDOMINIUM V. 268 P. 295 UNIT E-1 W. i T. OBRIEN 328 199 E-2 D. BLODGETT 294 417 E-3 D. BLODGETT 337 415 E-4 M. HILL 276 322 E-5 J. 6 E. TENNEY 268 377 E-6 W. i T. OBRIEN 345 215 E-7 R. i L. ROTHMAN 277 400 FLOOR PLANS 252 83, 84 APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON. VT. ON THE DAY OF I"j SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS DAY OF 1991 BY CHAIRMAN OR CLERK. IN 3 V E LEGENDPRECEID I OF VEH 9 !n,4' THIS PLAT IS BASED ON A PLAT BY GEORGE BEDARD L.S., ENTITLED ..0- 0 SURVEY POW ��(�3 �hr �"THOMAS A. FARRELL PROPERTY'S AND RECORDED IN VOL. 197 PAGE 70 o. OF THE SOUTH BURLINGTON LAND RECORDS, NO FIELD WORK OR DEED ❑ MONUMENT TAYLOR * No 4ea *' RESEARCH WAS DONE. BEING THE LANDS CONVEYED TO LAKEWOOD ASSOC O IRON PIPE q - BY THOMAS A. FARRELL AND A PORTION OF THE LANDS CONVEYED TO TMOMAS '.TER 0A FARRELL IN WL. 121 PAGE 400. THE PURPOSE OF THIS PLAN IS TO DEPICT City of So. Burlington '� SURN�+ THE BUILDINGS AND PAVED AREAS. sl a2 B7 ■S Be I It I 1 e7 es e9 ea a0 124) a. 013 B N e le er I P. 124) 4 THOMAS A. FARRELL (v mi P 400) N 18.58'06•' E -�• _ 400.00 o _- a u u u u• u u o 0 0 0 o c o c o 0 0 0 0 0 0 0 0 0 DD 020 834 u u a D21 828 855 i D22 B 29 a 36 ad 22 3' go'' N, p, ❑ C)23 B 30 a 37 142 R.6' 12.1' 25.7 ' D 2{ em e3e cl 3{ D xs eiz B7f c2 B.I' LOT 'D' 48.2' 024 W _ B37 B10 ci _9, LOT 12.0' 31.5' 4394 SO. FT Dn n 'C' C4 12.1' cs 12o eu 12.7 27 7' •rN. N e.c' 3830 SO FT 120, 3.V 11 3' 39, [ I of 34.4' 341' N P. [ 2 « M « 11 44_3' 54.9' EI ES _ 34.6' 343' E9 _ 60.0' 2.9'i1.3' 10' LOT 3.0' E7 xL0' 1 I E. LOEFFL ER 40'0.7• E e1.d [ y [• 3.0' V 274 P 303 15.0 LOT 'G' i0, 4808 S0, FT 3.0' E1T [s LOT IS' i6.2' Elo COMMON LAND '[• _ 10.0' 3720 SOFT 4.03 ACRES 34.6' 42.]' EII Ero 3.1' EQ - 6.0' 2f.7' 11. 3' E20 13.T ad' 21 E13 E '2.0' 523' I2. Cd a Eu EN LO' 10.1' l0' E 23 E 13 f I 2 . 12' ;TONEWAIL Ala •/ROOF mBFL 16 A18 F3 • rR p 66.0' x1' 0 R 24.1' A20 F4 i'• 16' STONE WAILOT 'A' L A FS 0 M/ROOF 13.5 W. B T. OBRIEN V. 337 P 401 23.0' - �? I FB 4536 SO- FT. ti +� 'i F7 f9 E2 7 +? F 9 V6 of 3.r 37' +� ♦B. +ps F IO S4 A Ac ■ A v �A. 34.8' N ILI" R.27 P.249 N V. 279 P 249 ■ • 4 a S 3911 SO. FT. SHELBURNE ROAD 6 R A P IN I C S C A L E FEET SO 0 30 BO 90 120 IETERS 10 0 10 20 30 40 REVISED,1/16/87 CHANGE BUILDING A 16. 4' TOTAL AREA - 4.65 ACRES PLAT OF SURVEY OF LAKEWOOD COMMONS SOUTH BURLINGTON,VERMONT Di ,.w "TIE ISA6/06 CNBCKBB SDT lill 1",ad P1IBJBCT FIELD BOOK TRUDELL CONSULTING ENGINEERS, Inc. '":IRVII M E M O R A N D U M TO: The Members of the South Burlington Planning Commission and Board of Adjustment FROM: Steven L. Knudson, Dinse, Erdmann & Clapp, Attorneys for Chittenden Bank DATE: November , 1993 SUBJECT: Memorandum in Support of the Lakewood Commons Planned Commercial Development Revised Site Plan and Subdivision Approval ------------------------------------------------------------------- Our firm represents Chittenden Bank in connection with the request by the Bank and other owners at Lakewood Commons for zoning and subdivision approval for the Lakewood Commons Project located on Shelburne Road in South Burlington. This memorandum sets out the background, the legal issues involved, and various reasons why zoning and subdivision approval should be granted to Lakewood Commons. Background and Issue. Lakewood Commons is a planned commercial development located on approximately 4.65 acres on Shelburne Road in South Burlington. There are six buildings at Lakewood Commons: (1) Building A, being the renovated East O'Lake mansion; (2) Building B, Jake's Restaurant; (3) Building C, an office condominium; (4) Building D, an office condominium; (5) Building E, an office condominium; and (6) Building F, the Sportstyle clothing store. The overall operation of Lakewood Commons' is governed by and is subject to the "Declaration of Covenants, Conditions, and Restrictions for Lakewood Commons, A Planned Business Community" dated December 23, 1986 and recorded in the South Burlington land records, as amended (the "Declaration"). The Declaration governs such general items as use restrictions, architectural design restrictions, maintenance and repairs, the Owners Association, assessments, and similar items necessary to operate a planned commercial development. In addition to the Declaration, the three office condominium buildings (Buildings C, D, and E) are also governed by a Declaration of Condominium for each building. Consequently, Lakewood Commons looks, acts, and operates the same as any other well -planned Planned Commercial Development. Lakewood Associates originally developed Lakewood Commons. Chittenden Bank provided the financing to Lakewood Associates for the overall development of the Project, the renovation of the East O'Lake Mansion (Building A), and the construction of the office condominium buildings (Buildings C, D, and E). Jake's Restaurant was to be one of the "anchor establishments" at the Project. The owners of Jake's needed control over the construction of Building B to ensure that it was constructed in a manner that was consistent r}:+,tLWYY with the unique requirements of a restaurant, while still being subject to the architectural restrictions of the Declaration. Jake's needed financing to construct the restaurant building and obtained construction financing from The Merchants Bank. We understand that it is not uncommon for anchor stores to own their own building pad and to construct their own building in a planned commercial development. We also understand that many banks are reluctant to extend construction financing unless the anchor store, or the entity constructing the building, either owns the building pad, has a long term lease on the building pad, or has some similar guaranteed right of access to the building site. Otherwise, given the existing laws, there is nothing for the construction lender to take a mortgage or security interest in to secure the construction loan, the building, and access to the building site to complete construction of the building in the event a default occurs prior to completion of the building. Consequently, the building pad for Jake's (Lot B) was conveyed to the owners of Jake's, and Jake's mortgaged the building pad to The Merchants Bank in connection with the construction loan. The conveyance of the other buildings and the declaration of buildings to condominium ownership followed the pattern set in Jake's, i.e., conveying the building pad with the conveyance or declaration of each building. The Chittenden Bank became the owner of the unsold buildings and units at Lakewood Commons in November, 1991 pursuant to a conveyance in lieu of foreclosure. All of the buildings had been built by the time the Bank obtained the unsold buildings and units. The Bank and other owners of Lakewood Commons recently learned that there may be a technical violation of the Lakewood Commons zoning permit and the South Burlington subdivision regulations. The technical violation stems from the conveyance of the building pads with the buildings. The South Burlington Planning Commission has previously reviewed and approved the site plan and overall development plan of the planned commercial development at Lakewood Commons. The prior site plan approval, however, gave approval for the construction and development of Lakewood Commons with everything being owned in common. In this situation, however, it was necessary to convey the building pad so that the construction lender could take a mortgage on the building being built with the construction loan proceeds. In this situation it was impossible to construct Lakewood Commons as a pure condominium regime where the unit owners merely own the units that exist on the land but do not own the building pad on which the building is constructed. The conveyance of the building pads inadvertently created a subdivision issue. The ironic twist in this situation is that the overall construction, appearance, operation, and use of Lakewood Commons is exactly the same regardless of whether it is constructed as a pure condominium where the owner merely owns a building that is above the ground or whether the owner owns a building plus the building footprint on which the building is built. Consequently, F we do not believe that anyone intentionally intended to sidestep the South Burlington zoning or subdivision regulations because there was absolutely no effect on the overall construction, appearance, operation, or use of Lakewood Commons. We believe that no one realized until recently that there was a potential subdivision problem at Lakewood Commons. To resolve this problem, the Bank and other owners are seeking a revised site plan approval and a subdivision permit for Lakewood Commons. The Lakewood Commons planned commercial development would subdivide the Project into seven (7) lots. Six (6) of the lots will be equal in size, dimension, and location to the footprint or building pad for each of the six (6) buildings at the Project. The seventh lot will be the remaining land at the Project which will provide access to the six buildings. The seventh lot, or remaining land, will remain common land owned in common by all of the owners at Lakewood Commons for the benefit of the planned commercial development as a whole. The six (6) building lots at the Project match the footprint of the buildings and range in size from 3,800 square feet to 5,700 square feet. It has been suggested that: (a) according to the South Burlington zoning regulations the minimum lot size requirement in this district is 40,000 square feet; and (b) that pursuant to Section 11.507(b) of the zoning regulations, the Planning Commission can not modify the minimum lot size requirements. While the South Burlington zoning regulations clearly state that "Planned Commercial Developments are encouraged" (see, Page 20 § 11.00), the 40,000 square foot minimum lot size requirement appears to create a serious roadblock to a development plan (planned commercial development) that is specifically "encouraged" by the zoning regulations. As more fully discussed below, the South Burlington Planning Commission and Board of Adjustment have the authority to and should approve the Lakewood Commons revised site plan and subdivision for the following reasons: 1. The rules of statutory construction require that statutes and regulations be read in harmony with one another. Reading Section 11.507(h) in harmony with the purpose and intent of the other zoning regulations, the 40,000 square foot lot size requirement cannot apply to building pads "within" the planned commercial development. By interpreting the zoning regulation in accordance with the general principles of statutory construction, the Planning Commission has the power and authority to, and should, grant the Lakewood Commons site plan and subdivision applications. 2. Planned Commercial Developments are permitted, and in fact encouraged, development plans within the C1 District and should be considered under the conditional use standards. Lakewood Commons qualifies for and should be granted its zoning and 3 subdivision approvals under the conditional use standards. 3. Even assuming that Lakewood Commons needs a variance to obtain its zoning and subdivision permits, Lakewood Commons qualifies for a variance under the variance criteria of 24 V.S.A. § 4468. Discussion of Legal Issues. 1. Statutory Construction. It is a general principle of statutory construction that when the provisions of a statute or regulation are in apparent conflict, the statute or the regulation should be interpreted in a manner which harmonizes the conflicting provisions. State A,ency of Natural Resources v. Riendeau, 603 A.2d 360, 362 (Vt. 1991). It is also a general principle of statutory construction that the primary objective is to give effect to the intent of the legislature, or in this case the intent of the Planning Commission and the South Burlington City Council. In re AC, 470 A.2d 1191, 1194 (Vt. 1984). The South Burlington zoning regulations specifically encourage Planned Commercial Developments ("PCD"). Zoning Reg. § 11.00. PCDs are permitted in order to "encourage innovation of design and layout, more efficient use of land for commercial development, provide coordinated access to and from commercial developments via public roadways, and maintain service levels on public roadways with a minimum of publicly financed roadway improvements." Zoning Reg. § 11.50. Section 11.507 of the Zoning Regulations provides generally that the Planning Commission may modify the standards for a PCD "as long as the general objectives of the PCD are met." Zoning Reg. § 11.507(a). Section 15.07(b) further provides that the zoning regulations of Section 18.00 may be modified in accordance with the conditions and objectives for PCDs, except the minimum lot size and building coverage requirements of Section 18.00. Section 18.00 covers area, density and dimensional requirements for the various districts in South Burlington. According to Section 18.00, the minimum commercial lot size in the C1 District is 40,000 square feet per lot. 40,000 square feet is almost one acre. (One acre equals 43,560 square feet.) If the 40,000 square foot minimum lot requirement applies to building pads or to lots within a PCD, it places a serious obstacle in the path of developing a PCD that is innovative in design and layout and provides a more efficient use of land. It also is in apparent conflict with the other sections of the zoning regulations and the specific intent of the City Council to encourage Planned Commercial Developments. One of the basic concepts of a Planned Commercial Development is that small portions of the development are individually owned by the building or unit owners and the larger portion of the 4 development is owned in common by all of the building and unit owners for the benefit of all of the buildings and for the benefit of the development as a whole. If the 40,000 square foot minimum lot requirement is applied to the building lots within the 4.65 acre Lakewood Commons development, five (5) buildings could have been built on five (5) individually owned 40,000 square foot lots. In this example, 200,000 square feet of the 4.65 acre development would be individually owned and only the remaining 2,990 square feet would be jointly owned for the benefit of all of the buildings and for the benefit of the development as a whole. This is the exact opposite of one of the basic concepts of a PCD. The interpretation that the 40,000 square foot minimum lot requirement applies to building lots within the PCD leads to a rather irrational and ineffective consequence. A third basic principle of statutory construction is that there is a presumption against the construction of statutes in a manner that leads to absurd results or to ineffective or irrational consequences. Craw v. District Court of Vermont, 549 A.2d 1065, 1069 (Vt. 1988), In re A.C., 470 A.2d 1191, 1194 (Vt. 1984). On the other hand, the sections of the zoning regulations can be harmonized. If the 40,000 square foot minimum lot size requirement is applied to the overall area of the PCD instead of the building pads within the PCD, the 40,O00 square foot minimum size requirement can be read in harmony with the remainder of the PCD regulations and can be read in harmony with the intent of the zoning regulations. Section 11.503 of the Zoning Regulations governs the general area, density, and dimensional standards for a PCD. It provides generally that the minimum area for a PCD is 4 acres. Section 11.507(a) however, provides that "where limitations of a site may cause unusual hardship in complying with any of the standards of this section, the Planning Commission may modify such standard as long as the general objective of the PCD are met." Zoning Reg. § 11.507(a) (emphasis added). In other words the Planning Commission may modify any PCD standard or requirement, including the 4 acre minimum area standard of Section 11.503, if the Planning Commission determines that it may be difficult for the PCD site to comply with such standard and the PCD will otherwise meet the general objectives of a PCD. Section 11.507(b) further grants the Planning Commission the authority to modify the requirements of Section 18.00 of the Zoning Regulations (excepting the minimum lot size requirement) in accordance with the "conditions and objectives" of the Section on Planned Commercial Developments. Section 18.00, like Section 11.503, sets forth general area, density, and dimensional requirements. Under Section 18.00, the minimum lot size for commercial and industrial lots in the C1 District is 40,000 square feet. If the 40,000 square foot minimum lot size applies to the PCD site as a whole rather than the building pads within the PCD, 5 Sections 11.503, 11.507(a), 11.507(b), and 18.00 can be read in harmony with one another and in harmony with the zoning regulations' specific intent to encourage PCDs, to encourage innovative design and layout, and to encourage more efficient use of commercial land through the development of PCDs. Section 11.507(a) grants the Planning Commission the authority to reduce the lot size of the PCD site below the 4-acre requirement of Section 11.503 if the Planning Commission determines that the requirements of Section 11.507(a) are met, but Sections 11.507(b) and 18.00 place a limitation on how far below the general 4-acre minimum the Planning Commission may reduce the PCD site. The Planning Commission may not reduce the area of the PCD site to an area less than 40,000 square feet. The zoning regulations should be read in accordance with the following general rules of statutory construction: (1) statutes should be interpreted in a manner which harmonizes conflicting provisions; (2) the statutory construction should give effect to the intent of the rule -making body; and (3) the statute should not be construed in a manner that leads to absurd results or leads to ineffective or irrational consequences. By interpreting the zoning regulations in accordance with the general rules of statutory construction, the Planning Commission has the power and authority to, and should, grant the Lakewood Commons revised site plan and subdivision application without requiring a variance. 2. Conditional Use Criteria Planned Commercial Developments are not only specifically "permitted in the C1 District", they are "encouraged". Zoning Reg. §§ 11.50, 11.00. Consequently, it is difficult to understand why the approval of the Board of Adjustment is necessary to approve a "permitted and encouraged" use. However, if the Planning Commission determines that, because of the apparent conflict between the 40,000 square foot minimum lot size requirement of Section 18.00 and the PCD provisions of Section 11.50, the approval of the Board of Adjustment is required prior to approving the Lakewood Commons revised site plan and subdivision application, the Board's approval should be governed by the conditional use standard of 24 V.S.A. § 4407(2) instead of the stricter criteria of the variance statute, 24 V.S.A. § 4468. See, Stevens v. Essex Junction Zoning Board, 428 A.2d 1100 (Vt. 1981) (where zoning regulations did not prohibit the use contemplated, rather specifically permitted it under exemption and review, it was not a variance that was sought, but a conditional use). Section 4407(2) of Title 24 of the Vermont Statutes sets forth the general standards for proposed conditional uses. The proposed conditional use shall not adversely affect: (A) The capacity of existing or planned community facilities; (B) The character of the area affected; (C) Traffic on roads and highways in the vicinity; (D) Bylaws then in effect; or (E) Utilization of renewable energy 0 Ilk resources. 24 V.S.A. § 4407(2). The general conditions related to the adverse impact on (A) the capacity of community facilities, (C) traffic, and (E) utilization of renewable energy resources, have been addressed in the Lakewood Commons applications and documents prepared by Trudell Consulting Engineers. The applications show that the Lakewood Commons Planned Commercial Development will not adversely affect these three criteria. Likewise, Lakewood Commons will not adversely affect the remaining two criteria, the character of the area and the bylaws. Lakewood Commons.was designed and planned specifically to be in harmony with the character of the area. The design of the Lakewood Commons development includes the renovation and use of the old East O'Lake mansion. The other buildings at Lakewood Commons were built subject to architectural restrictions which were consistent with the character of the renovated mansion. Lakewood Commons is in the C1 Commercial District. The property immediately surrounding Lakewood Commons consists of Shelburne Road on the east, an auto dealership on the south, a warehouse/distribution facility on the west, and undeveloped land on the north. Not only does Lakewood Commons "not adversely affect the character of the area", it preserves, improves, and enhances the character of the area by incorporating the East O'Lake mansion into the development and by developing the remaining buildings in a manner that is in harmony with the East O'Lake mansion. Lakewood Commons does not have an adverse affect on the zoning bylaws. To the contrary, the Lakewood Commons development is consistent with and furthers the specific intent of the bylaws. Planned Commercial Developments are specifically encouraged within the C1 District to promote innovative design and layout and more efficiently use land for commercial development. Lakewood Commons advances the objectives set forth in the bylaws. Zoning Reg. § 11.50. The Lakewood Commons revised site plan and subdivision application should be approved because it is a "permitted and encouraged" planned commercial development in the C1 District and it satisfies the conditional use criteria. Variance Criteria. Assuming Lakewood Commons must obtain a variance before receiving approval of its revised site plan and subdivision application, Lakewood Commons is entitled to a variance and is entitled to approval of its site plan and subdivision application because it satisfies the five (5) variance criteria of 24 V.S.A. § 4468. In this proceeding the applicants are seeking a permit for a ��-v -.�:.. .,<.... w.. •.•, ...•.••••.-+•=+r n.,.�......e......-r.-v.�.�^r....�..:w.w..w.. .+.•..e.w.....www�w.-ww�tw w+�+�:M#'+:.�,+.FN+✓'W!�'y.ti'ceuLvbiWW.%aa�:+..a/�r. .. .wKA+eW..+. ..yYa:.iF+Y.a�rn:siiww V�.F'Y'+ii.}i4'6iii-Y use at Lakewood Commons which is in conformance with the uses in the surrounding area, is in conformance with the uses permitted in the C1 District, and is encouraged by the zoning regulations. The five criteria of 24 V.S.A. § 4468 are set forth and discussed below in the order they appear in the statute. (a) Criteria No.1. "That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not the circumstances or conditions generally created by the provisions of the zoning regulation in the neighborhood or district in which the property is located." Lakewood Commons is a 4.65 acre parcel located on Shelburne Road. The old East O'Lake mansion is located on the parcel. The original developers desired to renovate and preserve this unique existing building and incorporate it into the planned commercial development at the Lakewood Commons site. (b) Criteria No. 2. "That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning regulations and that the authorization of a variance is therefore necessary to enable the reasonable use of the property." Because of the unique nature of the property, the desire to incorporate the existing East O'Lake mansion into the planned commercial development, the realities of commercial construction lending, and the apparent requirement that each building pad within the development contain at least 40,000 square feet, unless a variance is granted, it is impossible to develop the property in strict compliance with the zoning regulations and still have a reasonable, viable use of the property; let alone a reasonable, viable use of the property that promotes an "innovation of design and layout" and promotes a "more efficient use of land for commercial development" as encouraged by Zoning Reg. §§ 11.00 and 11.50. (c) Criteria No. 3. "That the unnecessary hardship has not been created by the appellant." The unnecessary hardship was created by the unique nature of the property, the location of the existing East O'Lake mansion on the property, the realities of construction lending, and the apparent requirement that each building pad within the PCD contain at least 40,000 square feet. Anchor stores in a planned commercial development, such as the restaurant at Jake's and the clothing store at Sportstyle, often have unique requirements. To ensure n- that these unique requirements are met, anchor stores often build their own buildings in a planned commercial development, subject to the general overall architectural restrictions of the PCD. In order to construct the building, the anchor store owner must obtain financing. Lending institutions are reluctant to lend construction money unless the anchor store owner (or the entity constructing the building) owns, leases on a long term basis, or otherwise controls the building pad and has access to the building pad upon which the building will be built. Otherwise, under existing law, there is nothing that the lender can take a mortgage on or security interest in to secure the construction loan. In order to construct Lakewood Commons in a manner consistent with the plans previously approved by the Planning Commission, it was necessary to convey the building pad. It was not the affirmative act of the developers that created this hardship, see Lewis v. Pickering, 349 A.2d 715, 718 (Vt. 1975), rather it was the unique nature of the land and the East O'Lake mansion, the realities of construction lending in this situation, and the desire to develop Lakewood Commons in a manner consistent with the plans previously approved by the Planning Commission. (d) Criteria No. 4. "That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use and development of adjacent property, reduce access to renewable energy resources, nor be detrimental to the public welfare." By renovating and preserving the East O'Lake mansion, and by constructing the remaining buildings in a consistent architectural style, Lakewood Commons preserves and enhances the essential character of the neighborhood. Lakewood Commons is located on Shelburne Road in the C1 Commercial District. It is surrounded by an automobile dealership, a warehouse/distribution facility, undeveloped land, and Shelburne Road. The Lakewood Commons planned commercial development is located on a 4.65 acre parcel and will not impair the appropriate use or development of any adjacent property nor reduce access to renewable energy resources. Likewise, Lakewood Commons will not be detrimental to the public welfare. To the contrary, Lakewood Commons is beneficial to the public welfare because it provides innovative design and layout and more efficiently uses land for commercial development. (e) Criteria No. 5. "That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the zoning regulation and from the plan." This criteria highlights the irony of this situation. If it were realistically possible to develop the Lakewood Commons planned commercial development as a pure condominium, where the unit owners merely own the buildings built upon the ground and the land is W, . :.....:. .: . . ... .... iW.{G!?.WF+'MM"w.,". ._ .. .. �wuwi+4+aa�tw�n�.✓.w�a�i±�a;�w�xr owned in common, there would be no question that Lakewood Commons was in compliance with the zoning and subdivision regulations. Due to the realities of this situation, however, it was necessary to convey the building pads. Regardless of whether Lakewood Commons is a pure condominium or the building owners own the pads upon which the buildings are built, the overall construction, appearance, use, and operation of Lakewood Commons is exactly the same. The net result is "a distinction without a difference." Granting Lakewood Commons a variance to enable the subdivision lots to match the footprints of the buildings will represent the minimum variance that will afford relief and will result in the least deviation possible from the zoning regulations and plan. Furthermore, it will result in no deviation from the express intent of the zoning regulations, i.e., to encourage and permit planned commercial developments within the C1 District. Conclusion. As set forth in this memorandum, Lakewood Commons is entitled to approval of its revised site plan and subdivision application because: (1) applying the general rules of statutory construction to the zoning regulations and reading the regulations in harmony with one another, Lakewood Commons qualifies for site plan and subdivision approval under the zoning regulations; (2) Lakewood Commons qualifies for site plan and subdivision approval under the conditional uses criteria of 24 V.S.A. § 4407(2); and (3) Lakewood Commons qualifies for site plan and subdivision approval under the variance criteria of 24 V.S.A. § 4468. We respectfully request that the South Burlington Planning Commission and the South Burlington Board of Adjustment approve the Lakewood Commons site plan and subdivision application. Thank you for your consideration of this matter. Respectfully submitted, DINSE, ERDMANN & CLAPP Steven L. Knudson Attorneys for Chittenden Bank SLK/rdg CC: Joe Weith, City Planner Mark Ward, Zoning Representative c\sik\ops\Iakewood 10 n CT LOGnm RECEIVED NOV 19 1993 City of So. Burlington TNOYA! A. FARRELL I TNONAN A. FARRELL / n ii'o ....P.TI n.t]OIYnOII V .( HAri... COWT590. 0. tt ClM1OJ tLa.cr n ...tuu.oars Aro mornon or t.m Attuunaa n o«rw a aac �o--::::5 t +It t t ...om I ❑ LOT fI rn». t t t t II I• 1 LOT LOT •.• y ALEXANDER LEWIS WT 'A' ALEXANDER LEWIS ' . , t . e •LOTtr •Y Q SHELBURNE ROAD TOTAL AWA - . t! ACAit .t..T w al ' O. LAKEWOOD COMMONS foUTM t.wL1M.l0.. vElltgrf TNNOELL CONSNLTINN ENCINEENS.log. 1 No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 October 8, 1993 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05401 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Jim Goddette were sent to you at an earlier date. Please be sure someone is present on Tuesday, October 12, 1993 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sin rely, If I 1. Joel Weith, Ciiy Planner Encls JW/mcp cc: John Pitrowiski Steve Knudsen, Esquire DINSE, ERDMANN & CLAPP JOHN M. DINSE, COUNSEL ATTORNEYS AT LAW STEVEN L. KNUDSON ROBERT H. ERDMANN NOAH PALEY M IC HAEL B. CLAPP 209 BATTERY STREET SANDRA A. STREMPEL SPENCER R. KNAPP P. O. BOX 988 MOLLY K. LEBOWITZ KAREN MCANDREW BURLINGTON, VERMONT 05402-0988 PIETROJ. LYNN BARBARA E. CORY PHILIP C. WOODWARD ROBERT R. MCKEARIN - SARAH GENTRY TISCHLER JAMES W. SPINK TELEPHONE TELECOPIER SUSAN J. FLYNN JOHN D. MONAHAN, JR. 802-864-5751 802-864-1960 JEFFREY J. NOLAN EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. November 3, 1993 South Burlington Planning Commission and Board of Adjustment 575 Dorset Street South Burlington, VT 05403 Attn: Joe Weith, City Planner Mark Ward, Zoning Representative Re: Lakewood Commons - Revised Site Plan and Subdivision Approval Dear Members of the Planning Commission and Board of Adjustment: Our firm represents Chittenden Bank, one of the current owners at Lakewood Commons, in connection with the application for a site plan approval and subdivision permit for Lakewood Commons. A memorandum in support of the site plan approval and subdivision permit is enclosed with this letter. The memorandum sets forth the background and issues involved along with reasons why the Planning Commission and the Board of Adjustment should approve the site plan and subdivision permit. As more fully described in the memorandum, Lakewood Commons is a six (6) building planned commercial development located on Shelburne Road. Planned commercial developments are specifically permitted and encouraged within this C1 District. Lakewood Commons consists of the renovated East O'Lake mansion, Jake's Restaurant, the Sportstyle clothing store, and three office condominium buildings. The owners at Lakewood Commons recently learned that there may be a technical violation of the zoning permit and subdivision regulations because the building pads were conveyed with the buildings. Although this may be a technical violation of the subdivision regulations, it makes absolutely no difference to the overall construction, appearance, operation, or use of Lakewood Commons. The overall construction, appearance, operation, and use are exactly the same regardless of whether Lakewood Commons is a pure condominium where the owners merely own the buildings and units above the ground or whether the owners own the building plus the building footprint on which the building is built. To resolve this technical problem, the owners are seeking a subdivision permit which subdivides the project into 7 lots. The six building lots will be equal in size, dimension, and location to the footprint of the buildings. The seventh lot will be the remaining land LAW OFFICES OF DINSE, ERDMANN & CLAPP November 3, 1993 Page 2 owned in common for the benefit of all of the buildings and for the benefit of the development as a whole. In its initial review the Planning Commission questioned whether it could grant the subdivision permit without a variance. It appears that a quirk in the zoning regulations may require that the 40,000 square foot minimum lot size for lots within the C1 District also apply to building sites within a planned commercial development. This quirk in the zoning regulations appears to be contrary to the intent of the zoning regulations which specifically permit and encourage planned commercial developments within the C1 District. As more fully discussed in the enclosed memorandum, the Planning Commission and the Board of Adjustment have the power and authority to, and should, approve Lakewood Commons revised site plan and subdivision for the following reasons: 1. The Planning Commission has the power to, and should, grant the subdivision permit without a variance. Planned Commercial Developments ("PCD") are specifically permitted and encouraged within the C1 District because PCDs encourage innovative design and layout and more efficiently use land for commercial development. If the zoning regulations require that building lots within a PCD have at least 40,000 square feet (40,000 square feet is almost one acre), then this requirement is in direct conflict with the provisions of the zoning regulations which specifically encourage PCDs in the C1 District. The zoning regulations should be interpreted in accordance with the following general rules of statutory construction: (a) statutes should be interpreted in a manner that harmonizes conflicting provisions; (b) the interpretation should give effect to the intent of the rule -making body; and (c) the regulation should not be construed in a manner that leads to ineffective or irrational results. By interpreting the zoning regulations in accordance with these general rules of statutory construction, the 40,000 square foot minimum lot requirement does not apply to building sites within a planned commercial development. Consequently, the Planning Commission may approve the site plan and subdivision permit without a variance. 2. Planned Commercial Developments are a specifically "permitted and encouraged" use within the C1 District. If the approval of the Board of Adjustment is required prior to approval of the revised site plan and subdivision application, the Board's approval should be governed by the conditional use criteria rather than the stricter variance criteria. As a permitted and encouraged planned commercial development within the C1 District, Lakewood Commons satisfies the LAW OFFICES OF DINSE, ERDMANN & CLAPP November 3, 1993 Page 3 conditional use criteria and its site plan and subdivision should be approved. 3. Even assuming that Lakewood Commons must obtain a variance before receiving approval of its revised site plan and subdivision application, Lakewood Commons is entitled to a variance and is entitled to site plan and subdivision approval because it satisfies the five variance criteria. We respectfully request that the Planning Commission and the Board of Adjustment approve the Lakewood Commons site plan and subdivision application. Thank you for your attention to this matter. For your convenience and because of the legal issues involved in this matter, we have sent a copy of this letter and the enclosed Memorandum to Steven Stitzel, the South Burlington City Attorney. Also, for your convenience we have sent a copy of this letter and the enclosed Memorandum to the members of the Board of Adjustment. Very truly yours, DINSE ERDMANN & CLAPP Ste en L. Knu son Attorneys for Chittenden Bank SLK/rdg Enclosure CC: Steven Stitzel, Esq. Donald D. Martin John Pitrowski Fred Blais, Chairman George Chamberland Dennis Johnson Daniel King Stephan Kramer Maureen O'Brien Joseph Randazzo P.S. Would you kindly distribute a copy of this letter and memorandum to each of the members of the Planning Commission. 11aubw v BYROMl pp 1111151111 .ce e cee I 4 A �• e A e A e4 A 9 3� A W N A a aoo 111111e 111111'8F8t p`=UM b ■ � [e' a c� fi IRM ..p..HUH Ail..pi.. a� a•�re e ! la:i a k lfiill� k AiilE�dll2 F i':LIIIl2 e a A � J /" oaM�oH OVOIA City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 22, 1993 Mr. Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05402 Re: Lakewood Commons, Proposed Seven Lot PUD Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 In reviewing your application to create separate lots which follow the footprints of individual buildings at Lakewood Commons, a couple of concerns have arisen. One concern is in regard to the proposed lot sizes. The other concern is with the status of the 4/16/91 approval to amend the Lakewood Commons development to construct a hotel and office/retail building. In terms of lot sizes, the minimum lot size allowed in the Commercial 1 District is 40,000 square feet. Section 11.507(b) of the zoning regulations allows the Planning Commission to modify various area and dimensional standards when reviewing planned commercial developments. However, this same section specifically prohibits the Commission from modifying the minimum lot sizes. Therefore, the Commission cannot approve the creation of lots which are smaller than 40,000 square feet. The lots which are proposed to follow the footprints of individual buildings range in size from 3,800 to 5,700 square feet. The only way the Commission can consider such a proposal is if the Zoning Board of Adjustment grants a variance to create such small lots. In regard to the second concern, the owner of Lakewood Commons obtained an approval on 4/16/91 to merge approximately 1.7 acres of land to the original Lakewood Commons property and construct a hotel and office/retail building. This approval will expire on 4/16/94 if no action is taken to "construct substantially" the approved project (Section 605 of Subdivision regulations). The submitted application shows only the original Lakewood Commons development and does not show the merged land and hotel and office/retail building. The approval of such a plan would void the PLANNING COMMISSION! 11 JANUARY 1994 page 2 Road.,_,_S_outh Burl in_gton_,_Vermo_nt, ._Subd_I_v_is.on _P1_anpre ared_ by Trudel I Cors _nsultnn..gErg_ineelIncand_dated 1.21019.3�.__wlththe fol lowing _stipulations_._ ous _.. app_roval..s and .._._stpu_lati..on_s._ w_hichare not superseded__by.___thi s...app.rov_a_1shall ._ remain _i n effect_. 2_The _finalo_Iat_appl_icat _ion.,_..shag..i._._be__submitted_._witn ..12_mon�hs or this a,: orov_a_.l _is null .and _v_oid_ Mr.Cra_i_g . seconded. Motionpassed.__ unanimous_. 4. REVISED FINAL PLAT APPLICATION of Ch,ttende, Bank to amend the Lakewood Commons planned commercial development by subdividing 4.65 acres of land into seven (7) lots. Six (6) lots follow the footprints of the six (6) existing buildings (3,830 to 5,728 square feet) while the seventh lot consists of the remaining common land (4.03 acres), 1233 Shelburne Road. John Pitroski, the project consulting engineer from Trudell, is sworn in. Mr. Burgess told commission that the zoning board has approved the variance. Mr. Pitroski reviewed the history. When the state tried to shut down Jakes Restaurant in 2/93, it came out that the restaurant property was sold with the footprint below. Since this is not a lease, the state determined that a subdivision permit was needed. The past months spent getting the necessary permits. All the other buildings also sold with same format and the common land is owned by all. Mr. Burgess said the commission had approved project under one ownership and assumed that when sold, it was done as condominiums. It is still a PUD and conforms t,,iith original aPproval. Mr Austin_ moved tt,.e South _Bu r 1_l_ngton . Planning__Commission aoprov_e_the revised_ final_plat__application of Chi ttenden.. Bank_ to amend the Lakewood Commons. -.-planned commercial de ✓elOpment by subdividing_4._65 acres of land into seven 71_ lots Six lots follow the footprints of the six (6) existing buildings to 5 , 72Q_ sc-uare feet) wh?_l e_ the seven_th,____ 1 of consists of the remaining _common 1 and _,___as deo i_cted on a two S2). page set of _k1_ar, .,_page one en+_i_t 1 ed' Pl_at_. of.. _Survey .of Lakewood Commons, South_Bu_rl ingto_n, Vermont_'�_preoared.._b�_.Trudel l_Consultin_g Engine?rs,__Inc_._a dated 12/16.'86, _last_ revised_10!_93, wi_t_h. the fo 1 1 ow_i_n_g�stipulations: PLANNING COMMISSION 11 jANUARY 1994 rage 3 1 _ A 1 1 previous _approvals.._ and stipulations which are not supe_r.seded___by_ the app,rov_al shall remain in effect. 2,Prior to recording the final A 1 at...__p 1 ans the apsl__i cantshall re__ o rd a..,__."Noticeof Condition" which identifies the Lakewood Commons development as a planned_ un_i.tdevelopment opment(?UD)and__which 1e.ga11_Y ti.esallse��en __.(.7) lotsto9_etne_ras one PU_Dforall_ annin_g_,zo_king__and_subd,._vi_sion_ourposes,,In addition the "Notice oT_ Cond ti..on"_shall indicate that all _seven lots are considered one for _purpos.e_s_of calculating. density_ and coverage. Ad.raft "Notice of Condition" shall_ be. submitted to the City Attorney for apprroval. prior._to_ recording__ 3__._ Prior to recording the final plat. plans, the applicant shall record an easement for the portion of the sidewalk along Shelburne Road which is located _ on the app 1 i cant' s—pronerty. A draft easement shall be submitted to the CIty Attorney for aoproval_n_rior to reco r_d i nq_. 4._ The final plat. plans shall be recorded in the South Burl i n_gton Land Records within 90 days or this approval is null and void. The finallat_nlans shall be signed by the Planning Commission Chair or Clerk_prior to recording_. Mrs. Maher seconded. Motion passed unanimously. 5. SITE PLAN APPLICATION of Investors Corporation of Vermont for construction of a 38,137 square foot building for general office use (15,905 square feet) and warehouse use (22,232 square feet), 21 Gregory Drive. Mr. Craigmoved that there has been a substantial change since this appli_cation was last heard. Specifically, the clan has --changed f rom__predomi nantly off i ceto. 0redomin ant .__which __changes theparking_ Mr. Sheahan seconded and the motion_ passed with ayes_ Amy Gregory and Bob Ste.Marie, representing I.C.V., are sworn in. Ms. Gregory proposed a building in two phases, with approval for entire now. Phasee I is a warehouse with office and Phase II is pr,1marily office. Parking is reduced to 113 spaces. Added landscaping by us in addition to that for Green Tree Park. Dlsct_ission followed about parking because Mr. Weith calculated 86 parking spaces for Phase I are needed. Ms. Gregory said that I.C.V. w„'l not build additional parking for Phase II if not Mr. John Petrowski Lakewood Commons, Proposed Seven Lot PUD Subdivision September 22, 1993 Page 2 4/16/91 approval for the hotel and office/retail building. If you wish to retain the 4/16/91 approval, you will need to submit a plat which shows the merged land, hotel and office/retail building, and any proposed changes (i.e., separate lots following the footprints of buildings). If you choose to submit a revised plan as described above and therefore retain the 4/16/91 approval, you should be aware that the proposed changes included in the 4/16/91 approval (i.e., merged land, hotel, and retail/office building) will expire on 4/16/94 if the project is not started by that date. Since it appears that construction will not be commenced by that date, I suggest that as part of the present application, you submit two (2) plats. The first plat would show the most recently approved Lakewood Commons development (i.e., 4/16/91 approval) with proposed changes to create lots that follow building footprints. The second plat would show the original Lakewood Commons development with proposed changes to create lots that follow building footprints. If approved, both plats would be recorded. Therefore, if the 4/16/91 approval expires next spring, you will have a plat on record (i.e., second plat) that depicts appropriate conditions. If the 4/16/91 approval does not expire, then the first plat will rule. Both plats could include notes to this affect to clear -up any confusion. Please let me know as soon as possible how the applicant would like to proceed. If you have any questions or need additional information, please do not hesitate to contact me. in ere , t e Weith, ity Planner JW/mcp cc: John Pitrowski Steve Knudsen, Esquire �T TRUDELL CONSULTING ENGINEERS, INC. August 19, 1993 Mr. Joe Weith, City Planner City of South Burlington 575 Dorset Street South Burlington, Vermont 05403 Re: Lakewood Commons, Shelburne Road - Amendment to Permit Status Dear Mr. Weith: As we have previously discussed on the telephone, a subdivision exists for the buildings on the Lakewood Commons site. The subdivision occurred because the property deeds reference the sale of each of the buildings and the land they sit on. You indicated to me that the permit status with the City has to be amended for the subdivision. I am submitting with this letter a Subdivision Application for Sketch Plan, list of land owners, list of adjoining property owners, an 8 1/2 inch x 11 inch reduction of the revised Master Survey Plat and six full size copies of the revised plat. Please call me if you have any questions or need any additional information. Very truly yours, TRU JPP/jlv Encl. CONSU I G EN NEERS, INC. Pitrowiski cc: Mr. Don Martin, Chittenden Bank P O. Box 308 14 Blair Park Road Williston, Vermont 05495 (802) 879-6331 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 20, 1993 Don Martin Chittenden Bank P.O. Box 820 Burlington, Vermont 05401 Re: Lakewood Commons, 7 Lot Subdivision Dear Mr. Martin: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please respond to these comments with additional information and\or revised plans by no later than Friday, October 1, 1993. If you have any questions, please give me a call. Since y, M� Ym D- �M7M� Raymond J. Belair, Zoning and Planning Assistant Encls RJB/mcp cc: John Pitrowiski Steve Knudsen, Esquire Preliminary Memo - Planning October 12, 1993 agenda items September 17, 1993 Page 2 L&M PARK- INDOOR RECREATION BUILDING - SKETCH PLAN --- plan must show type of, location and approximate size of existing and proposed utilities. --- provide estimated cost of the proposed building. --- applicant should submit a revised shared parking study. --- provide an estimate on the number of patrons who would use this facility on a peak day. --- revised final plat must include landscaping plan. --- proposed building does not meet 40 foot front yard setback requirement. This will require a waiver by the Commission. --- coverage information must be submitted for revised final plat. --- applicant should provide vehicular access between the parking area for the proposed building and the parking area to the east. --- the curb cut for the new building is greater than the 36 foot maximum allowed under Section 19.013b. of the zoning regulations. Applicant should provide justification for this curb cut to exceed 36 feet in width. --- applicant should provide bicycle parking or storage facilities for the proposed building as required under Section 19.253 of the zoning regulations. --- applicant should provide a trip generation assessment. LAKEWOOD COMMONS - 7 LOT SUBDIVISION - SKETCH PLAN --- applicant must obtain variances from the Zoning Board of Adjustment to create lots less than 40,000 square feet. --- "Site" should be changed to "Lot". --- the remaining lot should be identified as lot G and a note added that it will serve as the common right-of-way for lots A - F. Sketch plan should be revised as follows: --- add name and address of the owners of record for each lot. --- add type of, location and approximate size of existing and proposed utilities. PETE'S RV CENTER- PARKING MODIFICATIONS - SITE PLAN --- plan as submitted is acceptable. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: Preliminary Comments October 12, 1993 agenda items Date: September 17, 1993 L&M PARK - PLAN MODIFICATION - SHELBURNE ROAD The development plan modification dated August 1993 prepared by FitzPatrick-Llewellyn, Inc. is acceptable. LAKEWOOD COMMONS, SHELBURNE ROAD Plan received 8/20/93 prepared by Trudell Consulting Engineers is acceptable. PETE'S R.V. CENTER - 4016 WILLISTON ROAD Site plan with revisions dated 8/27/93 and 8/17/93 prepared by Trudell Engineering is acceptable. �� K Ni �� om��o�� /�� /�e8Kartmient 575 Barset iftect *uutb JiS1Vr;incton, 7germant 05403 FAX: (802)85e'4748 (aoe)ssa'reso SEPTEMBER 13,1�93 SOUTHEAS- SUM�[_ DORSE� STP.EET JArED �/�0/93 PROJECT # 92�39 ON FRIDAY I HAJ A M�ETING WITH MR. JOHN STEELE GM THT3 PRCJECT AND THE ONLY PR8BL�M l �OUWD W�5 T�E LOCATIOW CF HYDRANTS. ENCLO5EDIS A COPY [F T�E LErTER I WRf TTE F3R MR. STEELE FOR ACT 25O ON FROPER LOCATISN FOR HYDRANTS THAT NEEDED Ti GE RG,L�CATED. 2. AT TiIS TIME T DO NCT SEE A PROBLE� FOR O�R DEPARTUEN� W�TH THE 7—LO7 SC8—D�VTSI�N EFFE�T EMERGENCY PRCTECTI�N. 3. PETE'S R'�. CEH��R 4�16 �[LLISTON �OA DATED 13,15.�3 PRJJECT C��NGES ��OE O� �HIS P�5JE[T W�LL ��J- EFFELT EME3G��CY �ERim. SHEL8�R�E ROAD �ATED� �/93 PRCJECT # 9306� PL�� HAS BEE� RFVIE�ED ON THE CH�>�GES T� T�I� �R33ECT AW� AT THIS TIME I DC NOT SEE � �RCBLE� ��T1 �H� CHA�GES BEI t,�G MA�E ��I�/, ��CLD EFFEC7 F�OFER E�ERGE��C�