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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