Loading...
HomeMy WebLinkAboutAgenda 10_SP-22-003_1795 Shelburne Road_Mazda 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov TO: South Burlington Development Review Board FROM: Marla Keene, Development Review Planner SUBJECT: #SP-22-003 1795 Shelburne Road DATE: May 17, 2022 Development Review Board meeting PROJECT DESCRIPTION Site plan application #SP-22-003 of RHTL Partners, LLC to modify a previously approved plan for a 10,000 sf automotive sales, service and repair building on an existing 2.61 acre lot. The amendment consists of constructing a 3,155 sf building expansion, 1795 Shelburne Road. CONTEXT The Board held a hearing on this application on March 2 and May 17, 2022. The Board reviewed the application with the applicant, provided feedback, and continued the hearing on both of those dates for the purpose of allowing the applicant to make necessary modifications to the project for the project to be compliant with the City’s Land Development Regulations. The applicant is reminded that the Board’s responsibility is to the land development regulations and cannot approve a project that does not meet the regulations. The applicant provided revised materials on May 23. Review of these revised materials is incorporated herein; criterion which Staff considers to have been addressed have been removed from this report. COMMENTS A) ZONING DISTRICT & DIMENSIONAL REQUIREMENTS 10.05D Urban Design Overlay District Standards (1) Entries. Buildings on subject properties must have at least one entry facing the primary road in the corridor. Staff reminds the Board that the applicant’s desired building configuration has largely driven how compliance with these criteria are approached. Any entry shall: (a) Be an operable entrance, as defined in these regulations. (b) Serve, architecturally, as principal entry. Front entries shall be a focal point of the front façade and shall be an easily recognizable feature of the building. Possibilities include accenting front entries with features such as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This requirement does not preclude additional principal entry doors. The applicant has modified their previously shown provided a double door facing Shelburne Road to have a small awning and be framed by sidelight windows. The applicant has provided elevations illustrating the entrances. Staff considers this criterion to be met. (c) Shall have a direct, separate walkway to the primary road. This walkway shall be at least eight (8) feet in width and may meander for design purposes, but must serve as a pedestrian-oriented access. No changes have been made to the site plan, which includes steps connecting to Shelburne Road. The steps connect to a north-south roadway, shown on the provided plans, which does eventually reach the proposed entry. The walkway is not “direct.” 1. Though Staff considers an alternative configuration locating the walkway nearer to the front entry may be possible, a direct connection is not possible due to the location of existing street trees and the applicant’s proposed front entry location. Without moving the front entry, the alternatives are to accept the configuration as proposed, locate the walkway where the bicycle racks are proposed, or to locate the walkway south of both the front entry and the side entry. Staff recommends the Board discuss whether improvements to compliance with this criterion are needed. B) SUPPLEMENTAL REGULATIONS 13.02 Off Street Parking and Loading F. Access management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where vehicular and pedestrian circulation is most feasible. On 3/2 and 5/17, the Board discussed with the applicant that this criterion is not met for the property to the south and directed them to provide an easement. The applicant provided a draft easement, which was reviewed by the Deputy City attorney, who had two significant edits and several minor edits. The first significant edit is to the applicant’s proposed third paragraph, which as written may be constructed such that it allows the subject property owner to prohibit use of the easement by the beneficiary of the easement (the property to the south). The second significant edit is to the fifth paragraph, which as written allows the subject property owner to relocate the easement. The proposed edits are to align the draft easement language with standard practice in the City. The original proposed easement and the Deputy City attorney’s edits are in the packet for the Board. 2. Staff recommends the Board discuss with the applicant whether they accept the general objective of the edits proposed by the Deputy City attorney. If so, Staff considers the Board may allow the finalization of the draft easement as a condition of approval. 13.04 Landscaping, Screening & Street Trees B. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. Since this is an amendment to a previously-approved site plan, the applicant is required to retain previously required landscaping and provide supplemental landscaping as necessary to meet the requirements for the modified portion of the parcel as well as to meet the required minimum landscaping budget for the proposed addition. A full discussion of landscaping standards is included herein in order to allow the Board to evaluate the proposed landscaping budget. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. There is limited parking lot landscaping. The applicant is proposing to provide a small amount of parking lot landscaping in the form of perennial grasses. The March 3 staff report suggested perimeter planting as a way to meet the required minimum landscaping budget. The City Arborist recommends trees be set back 10-ft from curbs to provide protection from snow plowing. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. This criterion is not met for the existing parking lot. The applicant is not reducing compliance with this criterion. The applicant has referred to 95 of the parking spaces as “vehicle storage.” Outdoor storage and display may be permitted by the Board as a conditional use pursuant to 13.08. Since this site contains an existing nonconformity proposed to be reduced, Staff considers it unnecessary to review the application under 13.08 or as a conditional use. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.04(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. The applicant is proposing to install landscaping to screen the existing sewer pump station. This landscaping will not be protected by curbing. The applicant is proposing to protect the landscaping with bollards. Staff considers as a retrofit that the Board may accept the proposal to provide alternative compliance with this standard and recommends the Board find this criterion met for this location. Other plantings are proposed to be perennials and located at least 6-ft from the edge of pavement. Staff considers this criterion met. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. The City Arborist reviewed the plans on 2/15/2022 and indicated that the landscaping plan is acceptable. Since that time the applicant has added two trees, slightly modified the selection of shrubs, added a small number of perennials, and added a perennial bed consisting of 48 daylilies. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. This criterion is not met. However, noncompliance with this criterion is reduced by reducing the number of parking spaces. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. This criterion is met. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. Fewer than ten trees are proposed. (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.04(G). N/A (7) Snow storage areas must be specified and located in an area that minimizes the potential for erosion and contaminated runoff into any adjacent or nearby surface waters. Snow storage areas have been specified on the plans. Staff considers this criterion to have been adequately addressed. C. Screening or buffering. The Development Review Board will require landscaping, fencing, land shaping and/or screening along property boundaries (lot lines) whenever it determines that a) two adjacent sites are dissimilar and should be screened or buffered from each other, or b) a property’s appearance should be improved, which property is covered excessively with pavement or structures or is otherwise insufficiently landscaped, or c) a commercial, industrial, and multi-family use abuts a residential district or institutional use, or (d) a parking or loading area is adjacent to or visible from a public street. Staff considers that the proposed site is not dissimilar enough from the adjoining property to require additional screening beyond that required in B(1) above. D. Front Yards of Non-Residential and Multi-Family Uses. In the case of non-residential and multi- family uses, the required front yard and/or the frontage along designated arterial and collector streets (see Article 3, Section 3.06 for this list) shall be suitably landscaped and maintained in good appearance. Landscape elements that reduce stormwater runoff and promote stormwater infiltration are encouraged. The Development Review Board shall require the applicant to meet the provisions of sections 13.04(F) and (G). Staff considers compliance with this criterion is improved by the applicant’s proposed landscaping plan. Since the minimum required landscaping value is not provided, Staff considers additional front yard landscaping to be an opportunity to meet landscaping budget requirements. G(3) Landscaping Budget Requirements. The Development Review Board shall require minimum planting costs for all site plans, as shown in Table 13-4 below. In evaluating landscaping requirements, some credit may be granted for existing trees or for site improvements other than tree planting as long as the objectives of this section are not reduced. The costs below are cumulative; for example, a landscaping budget shall be required to show a planned expenditure of three percent of the first $250,000 in construction or improvement cost plus two percent of the next $250,000 in construction or improvement cost, plus one percent of the remaining cost over $500,000. The landscaping budget shall be prepared by a landscape architect or professional landscape designer. The cost of the proposed building addition is $1,965,000, requiring $27,150 in landscaping value. At the March 3 hearing, it was noted the applicant’s proposed landscaping budget was deficient by nearly $15,000. The applicant has revised their proposed landscaping plan and is now proposing $19,133 in plantings, including $10,105 in trees and shrubs and $9,028 in perennials, and the following additional elements. Item Cost Stone Facing on Retaining Wall $4,950 Patio Pavers at bike racks, picnic table, & entrance $6,500 Sub Total $11,450 As part of the proposed landscaping plan, the applicant is proposing to replace a previously required tree that has died in a location near the southwest corner of the existing building not in an area affected by the proposed construction. 13.04I requires all plantings shown on an approved site plan to be maintained by the property owner in a vigorous growing condition throughout the duration of the use. The value of the replacement tree is correctly not included in the above. 3. When the Board finds the other provisions of the landscaping criteria to be met, they may allow the applicant credit for landscaping elements other than trees and shrubs. Staff recommends the Board discuss whether the project does enough to address perimeter planting requirements of 13.04B and 13.04D before allowing credit for site improvements other than trees or shrubs. 3.08 Temporary Structures and Uses The applicant is proposing a number of temporary structures during the construction phase of the project. A. General Provisions. Any temporary use of a lot, not approved in connection with the primary use of that property, shall be restricted according to the provisions of this section. This section shall not apply to peddling activities that are regulated through the Ordinance to Regulate Peddling. B. Location of Temporary Uses and Structures. Temporary uses or structures on a lot shall not be placed or conducted in such manner as to obstruct or interfere with vehicle circulation and parking, pedestrian movement, block sidewalks, obstruct crosswalks or damage landscaped areas. Since the principal building will not be in use by customers during construction, Staff considers the proposed temporary structures meet this criterion. The Fire Chief reviewed the plans on 5/12 and indicated that there are some issues with the construction plan, but that the necessary changes may require relocating the temporary structures by a foot or two, rather than a wholesale rearrangement. Staff recommends the Board include a condition requiring the applicant to update the construction plan to the satisfaction of the Fire Chief prior to issuance of a zoning permit. C. Temporary Construction Structures. Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction is in progress. Staff recommends the Board include a condition to this effect. D. Temporary Outdoor Storage. Temporary outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. Staff considers this criterion not applicable to storage of construction materials. Construction materials must be removed prior to issuance of a certificate of occupancy for the proposed project. Recommendation Staff recommends the Board work with the applicant to address the issues identified herein. Respectfully submitted, Marla Keene, P.E. Development Review Planner C A T A M O U N T c o n s u l t i n g e n g i n e e r s, p l l c PO Box 65067 l Burlington, VT 05406 l (802) 598-8081 l www.ccevt.com May 23, 2022 Marla Keene Development Review Planner City of South Burlington 180 Market St. South Burlington, VT 05403 Re: Supplemental & Revised Information for Application for Site Plan Review Proposed Addition to Mazda Dealership 1795 Shelburne Rd. South Burlington, VT 05403 Dear Marla, For simplicity, and to have all the most recent and complete information and plans in one location, please find attached the following revised and supplemental items in support of the minor building addition proposed for the existing Mazda car dealership located at 1795 Shelburne Rd. in South Burlington, VT – · One (1) full size, revised, proposed plan set that includes the following plan sheets – o 21012 A01 A01 RTU Study 3-1-22 o 21012 A400 Exterior Elevations 5-20-22 o 19020 C1.0 Existing Conditions Site Plan 5-13-22 o 19020 C2.0 Proposed Conditions Site Plan 5-13-22 o 19020 C3.0 Proposed Site Details Plan 5-13-22 o 19020 C3.1 Proposed Site Details Plan 5-13-22 o 2104 L-1 Landscape Plan 5-16-22 o 2104 L-2 Planting Plan 5-16-22 o 2104 L-3 Construction Details 3-28-22 o 2104 L-4 Planting Details 3-28-22 · 2104 Probable Cost of Planting 5-16-22 prepared by TKLA · 2104 Landscaping Budget 5-16-22 prepared by TKLA · Autosaver Construction Setup 1-31-22 · Peak Mechanical Roof Drain Scoping Report 4-28-22 · Existing Bike Rack Pictures and Dimensions 2 · South Burlington Mazda Easement Deed Draft The purpose of these revised and supplemental plans and information is to attempt to address the staff and DRB comments received during the March 2, 2022 and May 17, 2022 DRB meetings to the best of our ability prior to the hearing on June 7, 2022. In regards to the proposed architectural, civil and landscaping plan changes made to address the comments, here is a brief summary of the revisions made – · A front door entry has been added to the eastern (Shelburne Rd. frontage) face of the building. The door has been shifted slightly and the entry revised to have sidelights, wider mullions and a small projecting canopy over the doorway. The paneling above the doorway has also been realigned so that the paneling is symmetrical with the doorway. This is best all viewed on the revised “21012 A400 Exterior Elevations 5- 20-22” pdf. · Correspondingly, the front sidewalk and patio area has been modified to accommodate the front entrance, as well as provide direct pedestrian connection to the Shelburne Rd. sidewalk via a new set of concrete steps. A variation in sidewalk materials and pavers is proposed to further accentuate the front door and increase the aesthetic of the front sidewalk and patio area. This is best viewed on the revised “2104 L-2 Planting Plan 5-16-22” pdf. · A cornice has been added along the top of entire street facing façade and building addition. · The existing trash and recycling dumpsters will be slightly relocated and enclosed with a 6’ tall, slatted, chain link fence and gates. · To accommodate the revised entrance and patio area, the drainage and landscaping was revised accordingly. · Lastly, a new Construction Setup site plan has been added to the submission as provided by the general contractor, outlining the intended temporary setup while the dealership is under construction. In addition to these plan changes and supplemental information, we’d also like to take this opportunity to address the staff comments noted in the DRB staff report dated May 17, 2022, although some of this will be redundant to the testimony provided during the previous DRB meetings. These are addressed in the numerical order they were presented in red in the May 17, 2022 staff report – 1. A front door entry has been added to the eastern (Shelburne Rd. frontage) face of the building and access provided to this new entry via new concrete stairs and sidewalk from the Shelburne Rd. sidewalk. The door, façade, accenting windows and paneling have been revised to further accentuate the doorway. 2. The proposed concrete steps and sidewalk access is direct as possible in accomplishing pedestrian accessibility to property in general and with the primary (north) entryway. 3 3. Per the attached “21012 A400 Exterior Elevations 5-20-22” plan, a metal coping has been added to the top of the parapet to comply with the requirement to have a cornice or something similar. 4. A proposed 30 ft. wide by 20 ft. deep future access easement has been added to the southwest property adjacent to the existing parking area in this location. Additionally, a draft easement deed has been provided in conjunction with this easement. 5. The proposed landscaping plans, budget and probable cost of planting have all been updated to address previous comments regarding these items. Previous items, including hardscape substructures and replacement of an existing tree, have been removed from the budget and additional landscaping proposed. This is best viewed on the revised “2104 L- 1 Landscaping Plan 5-16-22”, “2104 L-2 Planting Plan 5-16-22”, “2104 Landscape Budget 5-16-22” and “2104 Probable Cost of Planting 5-16-22” pdfs. 6. A column has been added to the probable cost of planting spreadsheet to include caliper on all proposed trees. This is best viewed on the revised “2104 Probable Cost of Planting 5-16-22” pdf. 7. The proposed landscaping plans, budget and probable cost of planting have all been updated to address previous comments regarding these items. 8. Again, the proposed landscaping plans, budget and probable cost of planting have all been updated to address previous comments regarding these items. 9. A temporary construction site plan has been provided to outline the access and functionality of the site during construction. This is best viewed on the “Autosaver Construction Setup 1-31-22” pdf. We hope this summary, revised plan set and supplemental information is sufficient in providing the necessary information for Site Plan review. If upon review of the revised and supporting information you have any questions or concerns, please feel free to contact us. Sincerely, JeffJeffJeffJeff Jeffrey Olesky, P.E. Cc: Abel Toll (Owner Representative), via email Nate Weeks (Applicant Representative), via email PRAXIS3 RTU Concealment Study Project No. 21012RHTL Partners, LLC AutoSaver Mazda 1795 Shelburne Road South Burlington, VT 05403 03/01/22 A01 Existing Conditions Proposed Renovation Level 1 0" 2 1 CMU-1 MP-2 EXISTING METAL PANEL TO BE PAINTED EP-3 EXISTING DOOR TO BE PAINTED EP-3, TYP. EXISTING CMU TO BE PAINTED EP-3, TYP. 3 A651 _ t/o Coping 26'-0" MP-3 MC-2 3'-1 5/8"12'-0"10'-2 5/8" MC-2 MP-2 MP-3 BEYOND SF-1 1 Level 1 0" Level 2 11'-0" FBD MC-3 SF-1 EXISTING METAL PANEL TO BE PAINTED EP-3 8'-0"10'-0"MP-3 EXISTING CMU BEYOND TO BE PAINTED EP-3 OPEN MC-2 MP-2 MP-3 BEYOND MP-3 6 A651 _5 A651 _4 A651 _ 2 A651 _ EXISTING CMU TO BE PAINTED EP-3 NEW CMU BEYOND TO BE PAINTED EP-3 EQ 12'-0" TYP t/o Coping 26'-0" t/o Coping 18'-0" EQ 12'-0" TYP 5 EQUAL PANELSMC-2 MP-2 5 EQUAL PANELS3'-0"5'-8 5/8" SF-1 SF-1 EQEQ SF-1 GF-1SF-1 12'-0"12'-0" EG-3 EG-111'-0"3'-0"EG-2A 1 1 1 Level 1 0" Level 2 11'-0" 21 MP-2 MP-311'-0"5 EQUAL PANELSBEYOND 1 A652 _2 A652 _ t/o Coping 26'-0" 12'-0" TYP 7 A651 _ 4'-4 1/4"9'-6"9'-6"3'-0" EXPANSION JOINT SF-1 MP-3 MP-3 MP-3 MP-4 MP-3 BEYOND EG-2A 1 MC-3 1 Level 1 0" Level 2 11'-0" AFBCDE MP-2 11'-0"EXISTING GLAZING. FRAMES TO BE PAINTED EP-3 EXISTING METAL PANEL TO BE PAINTED EP-3 EXISTING DOOR TO BE PAINTED EP-3, TYP. EXISTING CMU BEYOND TO BE PAINTED EP-3, TYP.REPAIR DAMAGED CMU EXISTING LOUVERS, PIPES, LIGHTS TO BE PAINTED EP-3, TYP 3 A652 _ 4 A652 _ t/o Coping 26'-0" SF-1 SF-1 3'-0"5 EQUAL PANELSMP-3 12'-0" TYP 6'-11 1/2"MC-2 EG-5 FINAL SIGNAGE LOCATION BY AGI 1 Sheet Number: Project Number: Project Name: Client: Copyright (c) 2021 Praxis3, LLC All reports, plans, specifications, computer files, field data, notes and other documents and instruments prepared by Praxis3 shall retain all common law, statutory and other reserved rights, including copyright thereto. This drawing may not be reproduced in whole or in part without written permission of Praxis3. It is to be returned upon request. Scales as stated are valid on the original drawings. 100 Peachtree St NW Suite 1450 Atlanta, GA 30303 RELEASED FOR CONSTRUCTION AND PERMITSheet Title: 404-875-4500 tel 404-876-8884 fax www.praxis3.com P 3RAXIS 5/20/2022 3:39:59 PMA400 Exterior Elevations 21012 RHTL Partners, LLC AutoSaver Mazda 1795 Shelburne Road South Burlington, VT 05403 684 Portland St., St. Johnsbury, VT 05819 1/8" = 1'-0"A400 4 West Elevation 1/8" = 1'-0"A400 1 North Elevation 1/8" = 1'-0"A400 2 East Elevation 1/8" = 1'-0"A400 3 South Elevation EG-5 CHROME METALLIZED FINISH MAZDA SYMBOL 3'-9 1/4" TALL; MAZDA WORD 1'-7" TALL. OVERALL LENGTH: 15'-9 1/4" EG-3 BLACK PERFORATED VINYL - ILLUMINATES WHITE AT NIGHT 1'-9" TALL EG-2A BLACK PERFORATED VINYL - ILLUMINATES WHITE AT NIGHT 1'-6 11/16" TALL SIGNAGE EG-1 CHROME METALLIZED FINISH 7'-8 1/16" x 8'-3 11/16" MC-3 METAL COPING ALPOLIC TO MATCH MP-3 FLASHING MC-2 METAL COPING ALPOLIC TO MATCH MP-2 EC-1 ELASTOMERIC COATING ON CMU EXTERIOR COATING EP-4 EXTERIOR PAINT PPG PAINTS 1001-4 FLAGSTONE GLAZING SF-1 STOREFRONT KAWNEER ANODIZED BLACK FINISH #63 TRIFAB VG 451T - CENTER GLAZED MP-4 METAL COMPOSITE MATERIAL WALL PANEL REYNOBOND COLORWELD 500, RB4CW5A ANODIC CLEAR DRY JOINT SYSTEM; 62" x 196" MP-3 METAL COMPOSITE MATERIAL WALL PANEL REYNOBOND RB160PE ELEGANT BLACK DRY JOINT SYSTEM; 62" x 196" METAL CLADDING MP-2 METAL COMPOSITE MATERIAL WALL PANEL REYNOBOND RB160PE WINTER WHITE DRY JOINT SYSTEM; 62" x 196" MASONRY CMU-1 CONCRETE MASONRY UNITS PAINT TO MATCH EP-3 SPLIT-FACE (NO RIBBING) CATEGORY TAG MATERIAL MANUFACTURER COLOR DESCRIPTION Exterior Finish Schedule A400 5 3D View 1 - New A400 6 3D View 2 - New ASI #1 • REMOVED EP-1 AND EP-3 1 Rev Date Comments 09/14/2021 Zoning 10/05/2021 60% DD Set 11/12/2021 90% CD Set 12/22/2021 Permit & Pricing Set 1 02/03/2022 Zoning/Coord 2 05/20/22 Zoning South Burlington Mazda Proposed Landscape Budget TKLA Date of last revision: 5-16-22 Item Probable Cost of ConstructionPlant Materials – Refer to L-1 Plant Schedule $19,133Retaining Wall Stone Facing & Stone Capstones 4,950Patio @ Table 150 SF Brick Pavers 3,000Patio @ Bike Racks – 75 SF Brick Pavers 1,500Patio @ Entrance – 100 SF Brick Pavers 2,000Opinion of Probable Cost of Construction $30,583 Plant Materials Notes: The cost of 1 Birch to replace 1 existing Birch that died is not included. Retaining Wall Notes: Stone facing 24” on one side only, ends, and partial backside = ±80 SF stone facing @ $45 / Face Foot = $3,600 30 LF X 12” Granite Capstones - 30 LF X 12” = 30 SF @ $45 / SF = $1,350 Cost for reinforced concrete core and footing is not included in these unit costs Patio Notes: Pine Hall Full Range Clay Brick Pavers $20 SF for Bricks and Installation Cost for base is not included in this unit cost EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that RHTL Partners, LLC, a New Hampshire limited liability company with a place of business in St. Johnsbury, County of Caledonia and State of Vermont (the “Grantor”), in consideration of the requirements of the City of South Burlington Land Development Regulations, does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto Champ Car Care Center (West), Inc., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont (the “Grantee”), and its successors and assigns forever, a driveway access easement over a parcel of land located in the City of South Burlington in the County of Chittenden and State of Vermont (the “Easement”) described as follows, viz: Being an easement thirty (30) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain and replace at its sole cost and expense a driveway for access to Grantee’s property, which is depicted as the “Proposed 30' x 20’ Access Easement” on a plan entitled: “Proposed Building Addition, 1795 Shelburne Rd., South Burlington, VT 05402, Sheet C2.0 – Proposed Conditions Site Plan” prepared by Catamount Consulting Engineers, PLLC, dated May 16, 2021, last revised May 13, 2022, and to be recorded in the City of South Burlington Land Records (the “Plat”). The Easement has been aligned for connection of Grantee’s property to a driveway located on the northern portion of Grantor’s property directly opposite to Harbor View Road. This Easement is situated in a north-to-south direction along the southwesterly boundary of Grantor’s property in the general location shown on the Plat. Construction pursuant to Grantee’s rights under this Easement shall be done in a manner so as to not interfere with Grantor’s use and enjoyment of Grantor’s property and shall not impede or adversely impact in any way Grantor’s current or future ability to utilize Grantor’s property for the sales, servicing and storage of motor vehicles. This Easement has been provided pursuant to Section 13.02F of the City of South Burlington Land Development Regulations (the “LDRs”), which requires commercial lots (retail, restaurant, office, and service uses) to provide a driveway connection to any adjacent commercial lot. However, Section 13.02F of the LDRs specifically excludes non-commercial uses from this requirement. Currently, both the Grantor’s property and the Grantee’s property have been developed for commercial use (motor vehicle sales and a car wash). Should either parcel cease being used for commercial purposes, as defined in the LDRs, this Easement shall terminate and Grantee shall, at its own expense, restore Grantor’s property in a manner that is satisfactory to Grantor, to include removal of the driveway. Grantor also reserves the right, in its sole and absolute discretion, at Grantee’s expense, to relocate the Easement area to a new location on Grantor’s property to accommodate the development and/or operations on Grantor's property, provided that the relocation work provided that the replacement casement does not: (i) significantly lessen the utility of the easement; or (ii) frustrate the purpose for which the Easement was created. The Easement is a portion of the lands and premises conveyed to RHTL Partners, LLC by Warranty Deed of Catamount/South Burlington, LLC dated November 7, 2019 and recorded in Volume 1494 at Pages 62-65 of the City of South Burlington Land Records. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Easement, with all the privileges and appurtenances thereto; to the Grantee, Champ Car Center (West), Inc., and its successors and assigns, to their own use and behoof forever, 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 aforesaid, that the said Easement is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, RHTL Partners, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this ____day of May 2022. RHTL Partners, LLC By: __________________________ Duly Authorized Agent EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that RHTL Partners, LLC, a New Hampshire limited liability company with a place of business in St. Johnsbury, County of Caledonia and State of Vermont (the “Grantor”), in consideration of the requirements of the City of South Burlington Land Development Regulations, does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto Champ Car Care Center (West), Inc., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont (the “Grantee”), and its successors and assigns forever, a driveway access easement over a parcel of land located in the City of South Burlington in the County of Chittenden and State of Vermont (the “Easement”) described as follows, viz: Being an easement thirty (30) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain and replace at its sole cost and expense a driveway for vehicular and pedestrian access to on and over Grantoree’s property, which is depicted as the “Proposed 30' x 20’ Access Easement” and “30’ Wide Access Easement” on a plan entitled: “Proposed Building Addition, 1795 Shelburne Rd., South Burlington, VT 05402, Sheet C2.0 – Proposed Conditions Site Plan” prepared by Catamount Consulting Engineers, PLLC, dated May 16, 2021, last revised May 13, 2022, and to be recorded in the City of South Burlington Land Records (the “Plat”). The Easement has been aligned for connection of Grantee’s property to a driveway located on the northern portion of Grantor’s property directly opposite to Harbor View Road. This Easement is situated in a north-to-south direction along and parallel to the southwesterly boundary edge of pavement onf Grantor’s property in the general location shown on the Plat. Construction pursuant to Grantee’s rights under this Easement shall be done in a manner so as to not interfere with Grantor’s use and enjoyment of Grantor’s property and shall not impede or adversely impact in any way Grantor’s current or future ability to utilize Grantor’s property for the sales, servicing and storage of motor vehicles. This Easement has been provided pursuant to Section 13.02F of the City of South Burlington Land Development Regulations (the “LDRs”), which requires commercial lots (retail, restaurant, office, and service uses) to provide a driveway connection to any adjacent commercial lot. However, Section 13.02F of the LDRs specifically excludes non-commercial uses from this requirement. Currently, both the Grantor’s property and the Grantee’s property have been developed for commercial use (motor vehicle sales and a car wash). Should either parcel cease being used for commercial purposes, as defined in the LDRs, this Easement shall terminate and Grantee shall, at its own expense, restore Grantor’s property in a manner that is satisfactory to Grantor, to include removal of the driveway. Grantee agrees that all construction work on Grantor’s property pursuant to this Easement Deed shall be made by or performed at Grantee’s sole cost and expense and shall be performed in a workmanlike manner in accordance with the requirements of all government agencies having jurisdiction. Grantee shall be responsible for obtaining and maintaining all necessary permits and/or permit amendments for Grantee’s use of Grantor’s property and the construction of Grantee’s project. Grantor shall reasonably cooperate with Grantee in obtaining all necessary approvals, permits or permit amendments, including signing any permit applications as “landowner” at Grantee’s request and within a reasonable time. Commented [A1]: While this provision initially seems to be limited to “construction” it’s very broad, and the reference to “future” suggests that the intention is to extend this provision to the ongoing use of the easement. This provision could be used to defeat the purpose of the easement. Examples that are likely acceptable are below. Commented [A2]: If site plan approval is required to remove or relocate the “curb cut” this provision must be revised to clarify that easement terminates only upon approval of DRB. Grantee, for itself and its successors and signs, agrees that any property of Grantor located outside of the boundaries of the easement conveyed herein, which is damaged by Grantee’s entry and construction activities pursuant to this Easement Deed shall be promptly restored as near as reasonably practical to its original condition, reasonable wear and tear excepted, at Grantee’s own cost and expense. Except as otherwise set forth herein, Grantor and its successors and assigns shall have the right to make use of the surface of the easement as is encumbered hereby, such as shall not be inconsistent with Grantee’s use of said easement, but shall place no structures, landscaping or other improvements, nor discharge water, nor place snow or other material for storage within said easement which shall prevent or interfere with the Grantee’s ability to use said easement. Grantor shall not damage, modify, obstruct or in any way interfere with the easement. Grantor also reserves the right, in its sole and absolute discretion, at Grantee’s expense, to relocate the Easement area to a new location on Grantor’s property to accommodate the development and/or operations on Grantor's property, provided that the relocation work provided that the replacement casement does not: (i) significantly lessen the utility of the easement; or (ii) frustrate the purpose for which the Easement was created. Commented [A3]: Grantor would require site plan approval for new location of “curb cut”, so this provision should be removed. The Easement is a portion of the lands and premises conveyed to RHTL Partners, LLC by Warranty Deed of Catamount/South Burlington, LLC dated November 7, 2019 and recorded in Volume 1494 at Pages 62-65 of the City of South Burlington Land Records. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Easement, with all the privileges and appurtenances thereto; to the Grantee, Champ Car Center (West), Inc., and its successors and assigns, to their own use and behoof forever, 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 aforesaid, that the said Easement is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, RHTL Partners, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this day of May 2022. RHTL Partners, LLC By: Duly Authorized Agent Commented [A4]: Must be before Notary Public Page 1 Peak Mechanical, LLC 80 Commercial Drive Waterbury, VT 05676 TO: Jewett Construction RE: Auto Saver Group Mazda - South Burlington, Vermont