HomeMy WebLinkAboutSD-91-0001 - Decision - 1720 Shelburne RoadPLANNING COMMISSION 17 DECEMBER 1991
The South Burlington Planning Commission held a meeting on
Tuesday, 17 December 1991, at 7:30 pm, in the Conference Room,
City Hall, 575 Dorset St.
Members Present:
William Burgess, Chairman; Terry Sheahan, Ann Pugh, Catherine
Peacock, William Craig, Mary -Barbara Maher
Also Present:
Joe Weith, City Planner; Sid Poger, The Other Paper; Stephen
Lawe, Ralph Deslauriers, H. William Koehler, Larry Williams, John
Larkin, Greg Rabideau, C. Pickourey, Adam Lougee
1. Other Business:
Mr. Weith said he spoke with Dick Ward about the trailer in front
of Creative Carpentry. Mr. Ward said they got a peddlar's permit
to sell Christmas trees. Mr. Burgess felt it was strange that
the Zoning Administrator would let them cover a 30-foot green
space for this purpose.
Regarding the Nowland subdivision on the east side of Spear St.,
Mr. Weith noted the approval deadline expired yesterday and the
applicant hadn't recorded the necessary documents. They will
need a new approval. Mr. Weith asked if the Commission would
agree to preliminary and final plats on the same night. Members
agreed as long as the City Attorney said it was legal to do so.
Members asked to add a review of the preliminary Southeast Quad-
rant numbers to the end of the agenda.
Mr. Burgess noted receipt of a letter from Chris Cavin regarding
asking for incorporation of the Recreation Path in addition to
or in lieu of a sidewalk on appropriate approvals.
2. Minutes of 29 October 1991:
Ms. Peacock moved the Minutes of 29 October be approved as
written. Mrs. Maher seconded., Motion passed unanimously.
"ft." in the next to the last line of the item heading.
3. Continue Public Hearing: Revised Final Plat application of
John Larkin to amend a planned commercial development consisting
of a 200 room hotel and restaurant to include a 250 seat ballroom
addition to building #3, 1720 Shelburne Rd. (Howard Johnson's).
Mr. Burgess noted that there was a question as to how the Com-
mission could limit the times of operation to those hours when
Shelburne Rd. could accommodate more traffic.
PLANNING COMMISSION
17 December 1991
page 2
Mr. Rabideau reviewed the project noting there would be no change
in footprint. He also noted the project would be put on the
sewer waiting list. G
With regard to traffic, the applicant undertook a study of blocks
of time in the day when Shelburne Rd. could accommodate
additional traffic impacts and still have acceptable levels of
service at adjoining intersections. The conclusions reached were
that the following times would be acceptable: after 6 pm on week-
days and after 1 pm on weekends. The applicant has agreed with
staff to modify this to 6:30 on weekdays and after 2 pm on week-
ends. The applicant would ask that these conditions be reviewed
after proposed improvements to Shelburne Rd. are completed.
The question then arose as to how to monitor to be sure these
hours are being complied with. Mr. Weith and the City Attorney
came up with what the applicant believes is a reasonable enforce-
ment procedure: if the approved hours are exceeded, the city can
get an injunction revoking the approval. Mr. Rabideau said he
felt this had teeth in it to insure compliance. Mr. Weith recom-
mended the applicant monitor and provide information necessary to
insure compliance. A report every six months was considered ad-
equate as long as the city has the right to review the situation
at any time. Mr. Burgess asked if there can be any enforcement
without having to go to court. Mr. Weith said'it didn't appear
that way.
Mr. Weith said a Findings of Fact had been drafted and this
should be the basis on which an approval decision is made.
Mrs. Maher indicated she would vote against the application
because the "deplorable condition of Shelburne Rd. and its
nearest intersections would be further stressed by this large
ballroom and it would make Howard Johnson's, for all intents and
purposes, a convention center."
Mr. Sheahan then moved that the Planning Commission approve the
Findings of Fact and that they be made part of the following ap-
proval: Based on the attached Findings of fact, the South
Burlington Planning Commission approves the revised final..plat
applicatiion of John Larkin to amend a planned commercial devel-
opment consisting of a 200 room hotel and restaurant by construc-
tion of a 250 seat ballroom addition to building three as
depicted on a seven page set of plans, page one entitled "Harbor
View Ballroom, Howard Johnson's Hotel and Suites, 1720 Shelburne
Rd, South Burlington, Vermont," prepared by Gregory Rabideau, Ar-
chitect and dated 9/3/91 with the following stipulations:
1. All stipulations contained in the approval for the lobby/con-
nector addition dated 9/24/91 and previous approvals which are
1 N
PLANNING COMMISSION
17 December 1991
page 3
not superseded by this approval shall remain in effect.
2. Sheets #2 and #4 of the engineering drawings shall be revised
prior to recordinq to show the 32 "additional spaces" along the
northeastern corner of
of which are to
constructed as part of this application as indicated on Sheet #1
of the engineering drawings.
3. The plans shall be revised prior to recording to show an ad-
ditional 24 spaces to be constructed at a future date if deter-
mined to be necessary. The plans shall be approved by the City
Planner. The applicant shall submit quarterly parking counts
cal peak weekday and typical peak weekend) after ballroom is
constructed. The Planning Commission shall review parking counts
in one year to determine if 24 additional spaces shall be con-
structed.
4. The landscaping/planting schedule plan shall be revised prior
to recording to show 247 existing spaces as is shown on sheets
#1, #2 and #4 of the engineering drawings.
5. The Planning Commission approves a building height of 45 feet
for building three. It is the Commission's determination that
the additional height satisfactorily meets the requirements of
Section 18.112(b) of the South Burlinqton Zoninq Requlations.
Building elevations showing all four sides of the building in-
cluding the preconstruction and postconstruction grades shall be
submitted to the City at time of submission of the zoning/
building permit application.
6. A sewer allocation of 3174 gpd is granted. Due to the una-
vailability of sewer capacity at the Bartlett Bay Treatment Fac-
ility at this time, this project shall be placed on a waiting
list. A zoning/building permit will not be issued until such
time as there is sufficient sewer capacity available as deter -
minted by the City Planner.
7. This approval is subject to the condition that the proposed
facility shall not be opened for use prior to 6:30 pm Mondays
through Fridays or prior to 2:00 pm on weekends. Because this
restriction in the hours of use is essential to the approval of
this project, violation of this condition shall constitute suf-
ficient grounds for revocation of the approval of this project,
and shall entitle the City of South Burlington to a permanent in-
junction enjoining any use of the proposed facility.
8. In an effort to monitor compliance with the above condition,
the applicant shall submit to the City semi-annual reports which
list the following: 1)start and completion times of all ballroom
events held during the previous six month period, 2)the number of
PLANNING COMMISSION
17 December 1991
page 4
attendees for each event, and 3)the number of attendees for each
event who were also hotel quests.
9. As expressly represented by the applicant, the applicant shall
become a member of the Shelburne Road TMA. The applicant shall
be required to contribute dues once the dues structure has been
established by the TMA Board of Directors.
10. The zoning/building permit shall be obtained within 6 months
of the time in which sewer capacity is available or this approval
is null and void.
South Burlin
null and voi
ton land records within 90 days or this approval is
Ms. Peacock seconded the motion which then passed 4-2, Mrs. Maher
and Ms. Pugh voting against.
4. Site Plan application of Trillium Limited Partnership for
construction of a 10,000 sq. ft. building for professional office
use, 20 Farrell St.
Mr. Williams presented the plans. It was noted that one parking
space needs to be removed to allow for access to the dumpster and
this will leave the applicant one space short. Members felt this
was not a problem.
Members asked that more trees be added along the front parking
area and that there be additional foundation plantings. The ap-
plicant asked the Commission to grant credit for some existing
vegetation, and the Commission expressed a willingness to do so.
The applicant then asked for a continuation in order to present
additional information regarding landscaping.
Mr. Craig moved to continue the application to 14 January 1992,
where it will be Item #1 on the agenda. Mrs. Maher seconded.
Motion passed unanimously.
5. Sketch plan application of Ralph Deslauriers, Jr., and Chris-
tina and James Smullen to amend a previously approved 17-lot sub-
division to officially recognize and create one additional lot,
thereby resulting in an 18-lot subdivision, East Terrace:
Ms. Pugh asked if neighbors were apprised of this hearing. Mr.
Weith said neighbors are notified only for preliminary and/or
final plats.
Mr. Deslauriers said the lot to be created is 1.25 acres. It is
the applicant's feeling that this lot is grandfathered as part