The URL can be used to link to this page

Home My WebLink AboutBATCH - Supplemental - 0052 0044 0054 0050 0035 0055 Timber LaneLE(�TD G II.AR FOUND e IRON PIPE FOUND ■ CONCRETE MONUMENT FOUND 0 IRON PIPE TO BE SET ---- W------ WATER LINE ------ S------ SEWER LINE ------SO----- STORM LINE CHAIN LINK FENCE CM/Rm M TRIWUAF REALTY, INC. FOREST PARK CONDO. ASSDM rrs THIS PLAT IS BASED ON A TOTAL STATION CONTROL TRAVERSE, EVIDENCE FOUND IN 714E FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH BURLINGTON LAND RECORDS. BEARINGS ARE BASE ON MAGNETIC NORTH. MAP A!L pEm RFFERENLS 1) FOREST PARK REALTY CORP. TO MEDIPROP V. foe P.125 2) MEDIPROP TO TIMBER LANE MEDICAL CENTER V. 136 P. 459 3) "FOREST PARK REALTY CORP.' V. 107 P. 88 1) "MEDIPROP AND WOODLAND PROPERTIES" V. 107 P. 100 5) "TIMBER LANE MEDICAL CENTER CONDOMINIUMS" V. 107 P. 104 MANOR MOODS ASSOC, INC. - 10' EASEMENT TO CITY OF SOUTH BURLINGTON FOR SEWER LINE AND FOR PUMP STATION V. f02 P.221 Gr/phlc Scale Feet 30 0 30 60 90 120 TO OBTAIN METER MULTIPLY FEET TIME 0,3048 CAIRNS CD IRROV. TRUST � AA Ri 211.7 4 R IZ— `,_ PAYED SIDEWALK AW I1b101�PAltl WOfCAIM DETAIL OF PROPOSED DENERATOR LOCATION acur - I'-r k 19 Fh"W MAIM APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON, VT. ON THE __ DAY OF __ __ 20_, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS —_ DAY OF 1 20__ BY CHAIRMAN OR CLERK RALPH & ANN GOODRICH v. 373 p. 373 $�wwwmlWxlmmluy/w/ %P SC" •W'K,, D. TAYLOR * NO. ♦BB f �((n!!/NIINmI1111gH\w� \ / TAX NAP NUMBER I) LOT 1 1720-00050 2) LOT ll 1720-00040 ZCNMG DISTRICT 1) R7 - RESIDENTIAL, 7 PER ACRE 1) TRAFFIC OVERLAY DISTRICT ZONE 5 ALONG KENNEDY DRIVE LOT COVERAGE EXLTINO I) OVERALL - f06.893 SF 2.46 ACRES 406 2 2) BUILDINGS - 49.351 SF 7.13 ACRES 18.7 X IOT QQA7AQF PROP- 1) OVERALL - 108,865 SF 2.45 ACRES 40.6 X 2) BUILDINGS - 49.351 SF 1.13 ACRES 18.7 R SEWER AND WATER ARE BASED ON PLANS OF OTHERS. LOT I - TIMBER LANE MEDICAL CENTER CONDOMINIUM ASSOC. V 138 P. 459 LOT ll - TIMBER LANE MEDICAL CENTER AREA ASSOC. V 262 P. 141 LOT I 4.00 ACRES LOT II 2.03 ACRES TOTAL AREA 6.03 ACRES SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD A.D. 20 at O'clock minutes m and recorded In Volume Page Attest., City Clerk VMARIIEAN LZIAILJ EA^fLV IINIVM AbJSJt;. V.162 P.127 M. V.i3J P.102 ® REVISE GENERATOR SIZE 2/2/07 AAL TIMBER LANE MEDICAL CENTER ® ADO PROPOSED GENERATOR 9/7/01 SOT J m REVISE UNIT NUMBERS 11111198 SEAT Timber Lane, South Burlington, Y FgheA pV)B, SOT p._ SMT ADD SIDEWALKS ® ADD WATER -0 SEWER 4/9/98 WT REVISED BUILDING ■INI BIN _ ® ADD PARKING AND CERTIFICATION NOTE Subdivision Plan °'°' '°'°`/°°' '" '° ADD PHASE 1 BLDG. DIMENSIONS 5/24/95 SOT REVISED BUILDING TO EXISTING 11201M MSS lNld BOak 871D.C. 011k 19 R.NLaM ft_" , aN IVTRUDELL CONSULTING ENGINEERS (TCE) 478 00 Pak ROTA 0- 206 INI MOa< V4A M 0805 8794= LEGM C REBAR FOUND 41 IRON PIPE FOUND ■ CONCRETE MONUMENT FOUND 0 IRON PIPE TO BE SET ------ W------ WATER LINE ------ 5------ SEWER LINE ------SO----- STORM LINE CHAIN LINK FENCE CHIRON, INC. TRILLIUM REALTY, INC. FOREST PARK CONDO. ASSOC. THIS PLAT IS BASED ON A TOTAL STARON CONTROL TRAVERSE, EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH BURLINGTON LAND RECORDS. BEARINGS ARE BASE ON MAGNETIC NORTH. MAP AND DEED REFERENCES 1) FOREST PARK REALTY CORP. TO MEDIPROP V. 108 P.195 2) MEDIPROP TO TIMBER LANE MEDICAL CENTER V 136 P. 459 3) "FOREST PARK REALTY CORP." V. 107 P. 89 4) "MEDIPROP AND WOODLAND PROPERTIES" V. 107 P. 160 5) "TIMBER LANE MEDICAL CENTER CONDOMINIUMS" V. 107 P. 164 MANOR MODS ASSOC., INC. 10' EASEMENT TO CITY OF SOUTH SURUNGTON FOR SEWER LINE AND FOR PUMP STA77ON V.102 P.221 Graphic Scale Feet 30 0 30 60 90 120 TO OBTAIN METER MULTIPLY FEET TIME 0.3048 CAIRNS CD IRROV. TRUST / PROPOSED 4251 W, 1 OEN MMR PAD 25.7 sq. R. _ 1 1 +) -+- J PAVED SIDEWALK EMSTM0 SHRUBS AND MULCH TD BE MOVED AND REPLANTED AS NEFDED. EVI TIN0 PAVED SIDEWALK 10 BE REMOVED AND LANDSCAPED. 54 sq. 2 DETAIL OF PROPOSED GENERATOR LOCATION 7041E - 7*-0' ORIA1RrYWU .—It. VVRIIwirru. A1JSV{i. V.162 P.127 M. V" 153 P.102 ® REUSE GENERATOR 512E 2/2/07 AAL ® ADD PROPOSED GENERATOR 9/7/01 SOT ® RE SE 1/11/98 Sur AUNIT ® REUSED BUINNG�WR 4/9/98 SOT ® AND CERTIFICATION NOTE ADD PHASE PARKINGAD BLOC. DIMENSIONS 5124196 SDT m REVISED BUILDING TO EXISTING 5120188 MSS RavYpuFT Docrisdon DaN b' / ti APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON, VT. ON THE DAY OF 20_, SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS ____ DAY OF _______ _ 20___ BY ___��_____—_�_— CHAIRMAN OR CLERK RALPH & ANN GOODRICH v. 373 p. 575 oa 0 4amOFml�eH�7d, 4 � iP ScoT� D. TAVLOR NO. 488 f y °1'"y"Iuml0111111111111111 a�P / TAX. MAP NUMBER 1) LOT I 1720-00050 2) LOT II 1720-00040 ZONING �ICTRIC 1) R7 - RESIDENTIAL, 7 PER ACRE 2) TRAFFIC OVERLAY DISTRICT ZONE 5 ALONG KENNEDY DRIVE 1 OT COVEN . 1) OVERALL - 106,893 SF 2.45 ACRES 40.6 X 2) BUILDINGS - 49,351 SF 1.13 ACRES 18.7 X LOT COVERAGE PROPOSED 1) OVERALL - 106.885 SF 2.45 ACRES 40.6 X 2) BUILDINGS 49,351 SF 1.13 ACRES 18,7 X SEWER AND WATER ARE BASED ON PLANS OF OTHERS. L071 - TIMBER LANE MEDICAL CENTER CONDOMINIUM ASSOC. V 136 P. 459 LOT ll - TIMBER LANE MEDICAL CENTER AREA ASSOC. V. 262 P. 141 LOT 1 4.00 ACRES LOT ll 2.03 ACRES TOTAL AREA 6.03 ACRES SOUTH BURLINGTON CITY CLERK'S OFFICE RECEIVED FOR RECORD A.D. 20 at ____ O'clock minutes m and recorded in Volume Page Attest: _ _ City Clerk Project tala TIMBER LANE MEDICAL CENTER '"*, _&bar 9H049-41 R`L I Timber Lane, South Burlington, V Project o�. SOT �,a,„, SUI Sint dlw Subdivision Plan °"' '°'°"SIB '°"' '"''°' naW Seek JPTRUDELL CONSULTING ENGINEERS (TCE) 87.C. DIAL 49 479 Blair Park Road SOW Sea INUM L Varmcet 054" 87916371 LEGEND C REBAR FOUND IRON PIPE FOUND ■ CONCRETE MONUMENT FOUND 0 IRON PIPE TO BE SET ------ W------ WATER LINE ------ 5------ SEWER LINE ------SD----- STORM LINE CHAIN LINK FENCE CHIRON, INC. TRILLIUM REALTY, INC. FOREST PARK CONDO. ASSOC. PROPOSED 421x 6C 0 MANOR KIOODS ASSOC., INC. GENERA TORR PAD M 1 N 0 CAIRNS CD IRROV TRUST I � V i 10' EASEMENT TO CITY OF SOUTH BURLINGTON K E N N E p y D R T FOR SEWER LINE AND FOR PUMP STATION E ----- HYD V./D2 P.221 J i ■ U i t MTC N SBf77 , EATS7?NG SHRUBS AND 0 PUMP � 202.b E)_MULCH TO BE woYEO : STA. HID - -�-��_ 50' \� -I- AND REPLANTED AS NEEDED. - SETBACK � /- ` 10' SEMEMT TO G.M.P.C. -" 'U E� V_ ,. I y i PAYED .-�\ i � M — PARKING EVS NO i - . . _ — _ - AREA -------_ ` + SIDEWALKPTO BE -1 REMOVED AND LANDSCAPED. t I — — 54 ea R. _ L•to}cT Lau71oN SID wAL I I 4.18, + I I ' PA VED PARKING f AREA UNIT 35 UNIT JB ---_--_ � a e4e� !_-----______ _ ry S PAVED -- --- --2-pi _ PAVEDRKINO ` SIDEWALK • RESTRICTIVE COVENANT SBJ7B,Jp•E A� '``�i� ..102 P.423 36.20, (ROT 57 —10051 ]0'f� UW7 SO UNIT V UNIT 42 w• ' - :N,T SOT u A `, DETAIL OF PROPOSED GENERATOR LOCA77ON I 7.•� ` I S_- - 5:' � UNIT JB 011p , o S/D' WgLk 'Jp'E ATRIUM I 1 UNIT w APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF � � ' pROPosEO wtr GENERATOR \ SOUTH BURLINGTON, VT. ON THE __ DAY OF —__ __ _ 20__, I , zE SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. ea UNIT 44 wX Nei tia r --� SIGNED THIS DAY OF _ 20___ ----------_�j BY ---- — CHAIRMAN OR CLERK f i-I}--------SO-_ _ MN 136' UNIT 45S3678T _—___---_—_—----- _ r x 'JO'E m i = e;70 SBJRBJOE i \ 0.88' TISIF4 90.47' —t J I � a �b � N06:T1'JO•E u.�' N06'31'JOT \ �( ' r-0RAN! K �• I n 121J• - �\ \. ,�� RALPH k ANN GOODRICH '• n SBTJRB'JO'E aq VED 7 V. 373 p. $75 1 PAVED 1f.69' 12f3' OR/W �� \plp0ntllu1llnln/ PARKH10 WO7 M83i8'JO'W N�TiB'Jo'w a �\ : G5�\ OF VF�2. AREA I 10' EASEMENT FOR P LINE AN t•� ` ' 5'x7' EASEMENT FOR TRANSFORMER 52 T I t I PADS TO G.M.P.C. V109 P.169 UN In Y� UN 55 TAYLOR NO. 488 i !• EA P. Ji.0p TO P.2 -t'\ S � N. 11111 LAIL w � 1 Ig19i - j)rI I I +sue UNIT i $4 i AMC NO171'70Tf z'N/•E - o SH L / / PA ^ TAX MAD NUMBER I AREA UNIT Leo / 1) LOT 1 7720-00030 SJ R Aa' PAVED 1) LOT II 1720-00040 PARKING AREA / ZONING DISTRICT 1) R7 - RESIDENTIAL. I PER ACRE 2) TRAFFICC OVERLAY AY DISTRICT ZONE 3 ALONG KENNEDY DRIVE 40' X79A � �o LOT COVERAGE EXISTING 1 / 1) OVERALL - 106,89J SF . 2.45 ACRES - 40.6 X 2) BUILDINGS - 49,J51 SF . 1,13 ACRES - 18.7 X I/ LO7 COVERAGE PROPpSE0 /) OVERALLS IOQ863 SF 2.45 ACRES X CPA PARTNERSHIP 1) BUILDINGS 8,M5 SF . 1.13 ACRES : 18.7 IQ7 X - -I PAR ..289 P.159 -- ---- 40'. ]0' RESERVED R.O.W. V708 P.798 PA .j 0 M.V. 133 P.$ SEWER AND WATER ARE BASED CENTER TERPLANSCONDOMINIUM OTHERS. ITINO LOT I - TIMER LANE MEDICAL CENTER REAASOC ASSOC. V. 136 P. 459 AREA � LOT 11 - TIMER LANE MEDICAL CENTER AREA ASSOC. V. 262 P. 141 LOT 1 4.00 ACRES K LOTH 2, OJ ACRES roTAL AREA 6.03 ACRES DETAIL SOUTH BURLINGTON CITY CLERKS OFFICE RECEIVED FOR RECORD N� ie•w _ — ._ _ --A.D. 20 — 575.00 — — — _ _ \ at _ _ O'clock — minutes m COMMON R.O.W V. 136 P. 421 \ —'� a and recorded In Volume Page — (SHADED AREA) �� 1 WOODLAND PROPER77ES G IAW Attest: _ City Clerk WTI 49'M V. III p. 84 COMMON P.0 w 'BRIARWOOD ESTATES' CONDOMINIUM ASSOC. 1136 F. 12 V P.)...162 P.127 P.t an. (SHADED AREA) M.V.153 P.102 ® GENERATOR 21210 ] A ympsT 98049-41 � 1 THIS PLAT IS BASED ON A TOTAL STA17ON CONTROL TRAVERSE, EVIDENCE REVISE SIZE AL TIMBER LANE MEDICAL CENTER " `— FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH ADO PROPOSED GENERATOR 9/]% 1 SOT BURLINGTON LAND RECORDS. BEARINGS ARE BASE ON MAGNETIC NORTH. m Timber Lane, South Burlington, V SDT p4.Iye SMT NUMBERS 11/11 P8 SMT GTaphlc Scale ADO SIUUEWIASIDEWALKS pTo�t R1F, MAP ANO GEED REFERENCES ® ADD WATER AND SEVER 4/9/98 SOT I) FOREST PARK REALTY CORP. TO MEDIPROa V. Ica P.195 Feet REVISED BUILDING ® ADD PARKING AND mrnCATION NOTE Shwt U04 Subdivision Plan D.. 11104198 S e W 1`_50' N 1) MEDIPROP TO TIMBER LANE MEDICAL CENTER V. 130 A 459 30 0 30 60 90 120 /2 / ADD PHASE I BLDG. DIMENSIONS 5 4 95 SDT •FOREST f J) PARK REALTY CORP.- V. 107 P. 89 REVISED BUILDING TO EMSTWG 5/20/DL MSS 4) MEDIPROL AND WOODLAND PROPERTIES" V. 107 P.A I80 70 OBTAIN METER MULTIPLY FEET TINE O.J046 8]1O.C. 49 � TRUDELL CONSULTING ENGINEERS (TCE) 5) •TIMBER LANE MEDICAL CENTER CONDOMINIUMS' V. 107 P. 184 rAd Boo1i D� yyMlpr pyg4Mee Dab By 478 BWr Pork Bold Box 306 VNtlst V—t 05495 879.031 southburlineon PLANNING & ZONING MEMORANDUM TO: South Burlington Development Review Board FROM: Cathyann LaRose, Associate Planner DATE: May 20, 2008 COPY TO: John Floyd, Design Signs Inc, Applicant Design Review Application Master Signage Permit DR-08-02 35-56 Timber Lane Design Signs Inc, hereafter referred to as the applicant, is seeking to obtain a new master signage permit for the properties located at 35 to 56 Timber Lane. The master signage permit would establish the design scheme for the freestanding and wall signs on the property. Pursuant to Section 8 of the City of South Burlington Sign Ordinance, all multi -tenant buildings or multi -building complexes located wholly or partially within the R7-NC district shall submit a complete, new application for a Master Signage Permit to the Design Review Committee. This item was scheduled to be reviewed by the Design Review Committee on Monday, May 191h. However, the Design Review Committee was unable to meet and so staff has moved the items to the DRB for review. Staff has included the standards for review. 1. A Master Signage Permit shall be issued to the applicant by the DRB, prior to the issuance of any individual sign permit for the property. DESIGN REVIEW CRITERIA In reviewing an application for signage, the DRC and DRB shall consider the following: (a) Consistent Design 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Design Review Application DR-08-02 Page 2 of 3 The design of a sign must be compatible and harmonious with the design of buildings on the subject property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. Staff finds that the design of the proposed signs are harmonious with the design of the buildings on the subject property and nearby. The applicant is proposing the same colors used since 1988; white text, gold accents, and green backgrounds. All sign support structures are natural wood. (b) Promotion of City Center Goals Signs within the DS/CC Sign District should be of high aesthetic quality and pedestrian oriented. This section is not applicable as the subject property is outside of the City Center, Design Review District. (c) Color & Texture The applicant is proposing the same colors used since 1988; white text, gold accents, and green backgrounds. 2. The predominant colors (i.e. central logos and principal text) of the freestanding and wall -mounted signs shall be limited to Benjamin Moore 595 Green backgrounds, white text, and gold accents. (d) Materials Used Pursuant to Section 20 of the Sign Ordinance, all signs shall be of substantial and sturdy construction, kept in good repair, and painted or cleaned as necessary to maintain a clean, safe, and orderly appearance. The proposed materials are acceptable. Furthermore, the signs shall be kept in good repair; landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. 3. All signs shall be kept in good repair, landscaping surrounding the freestanding signs shall be kept trimmed and neat and shall not obscure the text of the signs. (e) Wall Mounted Signs Section 10 of the Sign Ordinance governs the size and location of wall -mounted signs. Pursuant to Table 10-1 of the Sign Ordinance, a wall -mounted sign for a multi -tenant building or a multi -building lot with a master signage permit in any district with freestanding or landscape sign shall not exceed 15% of the area of the fagade to which it is attached or 100 sq. ft., whichever is smaller. Design Review Application DR-08-02 Page 3 of 3 Pursuant to Table 10-1 of the Sign Ordinance, the total area of all wall -mounted signs on the subject property shall not exceed 10% of the area of principal public facade of each building. The code officer shall ensure that these criteria are met when issuing individual sign permits for the property. Section 10(c) states that a wall -mounted sign shall not project above the roof or parapet of the building nor below the top of any first floor doorway unless permitted through the design review approval process. The proposed sign locations will not project above the roof or parapet of the subject building. In addition, the proposed signs will not extend below the top of any first floor doorways or windows. Thus, the proposed signage is in compliance with this requirement. Pursuant to Section 10(d), a wall -mounted sign shall not cover any opening or project beyond the top or end of any wall to which it is attached. The proposed signs are in compliance with this requirement. Section 10(g) stipulates that a wall -mounted sign shall not project from the wall in excess of 9". The proposed signs are in compliance with this requirement. (t) Freestanding Signs Section 9(h) states that free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road Right -of -Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Right -of -Way before a sign support post can be located, it is permitted to erect a centered single pole mounted sign of which the road side edge of the sign is directly outside the R.O.W. line. The subject sign is proposed to be within this designated sign corridor. RECOMMENDATION Staff recommends that the Development Review Board approve Design Review Application #DR-08-02 subject to the numbered items included above. Respectfully Submitted, r � i `Cathyano LaRose, Associate Planner )mit ;Number DR- tk - 6 APPLICATIt-N for MASTER SIGNAGE PER Ti' Clay of South Burlington ALL information requested in this application must be completed in. full. If you do not provide all of the requested information with this application form, -as well as the req izred plans and design information, the City will not schedule a review of the application before the Design Review Committee. Application for: X Initial Master Signage Permit after June 3, 22002 Amendment of Master Signage Permit -- Individual Sign, pursxzant to Masten Signage Permit #DR- - Property & Street Address: 3 S__ re Tax pa:rcel'ID # (from Tax ,Assessor or Planning &.Zoning): t, if not Q-%vner (name, mailing ss, phone, fax#):� phone, fax #):-ea Vi 41_v 1,�,�� _r_ 6S_ys/ CV04� act person. (name' mailing address phone, fax #): C f`r. I w Is the applicant an Est ng or future tenant of the building? Application is seeking appr val to:9,V)4/x �e(<_ I-S, 4 __Yes >C No Alf Ji P_A I hereby certify that all the information requested as part of this application has been s4mitted and is accurate to the best of my knowledge. c Property/Building Owner v .Please do not iwife helow ilh& ne DATE OF SUBMISSION: 308 j1h,e reviewed this applicn v _ ��/ omplete incomplete S Code G 'cer oar Designee D e MASTER SIGNAGE PERMIT APPLICATION Timber Lane Medical Center Subject property: The Timber Lane Medical Center is a single 47,600 square foot building on a 6 acre lot. It is comprised of eighteen units; seventeen medical providers and one custom pharmacy. Eleven offices were added in 1988 to the original seven offices, built in 1972. A hallmark of the property are the seven entrances to the continuous internal hallway which links the offices. No offices have publicly used doors direct to the outside. Non -complying signs There is one non -complying sign. It is a 22" high by 80" wide sign by the south driveway off Timber Lane. It is shared with Timber Lane Dental, with each having a 22" x 40" panel. We propose to remove the Timber Lane Medical Center portion, allowing Timber Lane Dental to expand their panel, if they choose. Computation of maximum sizes and number of signs As per Section 1 L(b) of the Ordinance, each of the seven active publicly -used entryways is allowed either "one (1) freestanding directory of up to fifteen (15) square feet OR one (1) wall directory sign of up to twenty (20) square feet." This would allow a maximum of 105 square feet of freestanding directories, or 140 square feet of wall directories, or a combination of the above. In addition, Section I L(b) states that "one (1) entryway sign may be affixed to the wall at each entrance identifying the offices or businesses accessible through the entry, or identifying the entryway as "staff only," restricted, or such other directional guidance as is necessary for the appropriate function of the complex. Such signs shall not exceed three (3) square feet in size." There are four such private exterior doors, which would allow a total of 12 square feet of such signs. Section 9.0) of the Ordinance allows "one (1) free-standing sign of up to forty (40) square feet and one (1) additional free-standing sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding twenty (20) square feet in area and twelve (12) feet in height. The sign area of the free-standing signs may be designed and used in whole or in part as a directory for the tenants or services contained within the building or complex." With one 40 square foot sign at one entrance curb cut and one 20 square foot at each of the other two curb cuts, there would be a total of 80 square feet of such signs. Wall sign area The principle public facade is the north wall, facing Kennedy Drive. This wall is 340' wide by 13' high, with an area of 4,420 square feet. By ordinance, with a Master Signage Permit the total area of all wall signs is 10 percent, or 442 square feet. Assuming that all seven entrances each have 20 square feet of wall directories, that would total 140 square feet. Assuming that all four private exterior doors each have a 3 square foot sign, that would allow a total of 12 square feet of such signs. These two types of wall signs total 152 square feet. New wall signs To compensate for the loss of the "Timber Lane" identification on Kennedy Drive, we propose one wall sign, comprised of individual cut-out letters, on the wood faced band at the top of the north wall, facing Kennedy Drive. With 16" high cut-out white "Timber Lane Medical Center" letters, 23' wide, the sign area will be 15.33 sq. ft. (30.66 sq. ft. times 50% for individual letters). To make the suites easier to find, we propose that one pair of 12" high cut-out white numbers be installed on the wall near that suite's exterior door, adding 32 sq. ft. (sixteen suite numbers times 2 sq. ft. each). With 442 square feet of wall signs allowed, the full build out of the above signs would equal 199.33 square feet, well within the allowance. Existing wall signs Wall signs in place today total 42 square feet (a 14.75 sq. ft. directory for 35, 36, 37, 39, 40; a 14 sq. ft. directory for 37, 39, 40, 42, 43, 44, 45; a 3.5 sq. ft. perpendicular sign at 42; a 3 sq. ft. "Staff Entrance" sign at 44, and the 2 square foot set of numbers at 54 and 56 [4 sq. ft. times 50% for individual numbers]). These signs will change over time as tenants change, and will at no time exceed the 20 square feet allowed per sign. Freestanding signs Applicant will remove the 40 square foot freestanding sign at the south entrance off Timber Lane and one 20 square foot freestanding sign at the curb cut from Timber Lane Dental. Applicant will then erect one new 40 square foot sign at one entrance curb cut and one new 20 square foot at each of the other two curb cuts, as provided by Section 9.0) of the Ordinance. Directional signs Applicant will maintain and/or erect directional signs as necessary, of no more than three square feet each, and subject to Section 12.(b). Exempt signs As per Section 23.(c), traffic signs (parking, one way, etc.) are exempt. Additionally, Section 23.(m) exempts "All wall and free-standing signs, including those attached to windows and doors, that are necessary to ensure compliance with the Americans with Disabilities Act, provided such signs do not interfere with public safety." Design Parameters The colors used on all signs will be those used since 1988: white text, One -Shot imitation gold accents, and Benjamin Moore 595 green backgrounds. When the Timber Lane Medical Center logo is used as an exterior sign, the text will be white and the logo imitation gold, on a green background with a rounded top and square bottom. All suite and provider identification signs will be green rectangles with white Goudy Old Style Bold text. All sign support structures will be natural wood, with custom color Pittsburgh Paint solid color stain, to match building. Owner of Record: (Name as shown on deed, with mailing address, phone and fax number) z 10 co t ley s4,--e AL-t'-1in yak , , l- O,Y(161 0 7y0U H2-4- 0-3S 9,1 Signature of Land/Building Owner:�'I._ Professional Advisor assisting with perms application: John Floyd Design Signs, Inc. 4 Andrew Avenue PO Box 8570 Essex, VT 05451 Phone: 802-872-9906 Fax: 802-872-9910 1 - -:> • may, ... - ' •. 4 ts` Timber La ne Medirff Ueftter.. SIGNS "T I rE TPAM MEDICAL CENTE tr All" A- 51 meow 36 42 52 37 43 53 M-W-` 44 wiim%LSW��-'� , 54 39 45 4 0 1 50 56 35-5042 4, 51--% MET A XT . - 0006- SIGNS I � CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 December 19, 2006 Dr. Paul Boerman VT Oral & Maxillofacial Surgery Assoc. 44 Timber Lane South Burlington, VT 05403 Re: Site Plan Application #SP-06-82 Dear Dr. Boerman: Enclosed, please find a copy of the Findings of Fact and Decision of the above referenced project approved by the Administrative Officer on December 19, 2006. Please note the conditions of approval including that you obtain a zoning permit within six (6) months. If you have any questions, please contact me. Sincerely, Betsy McDonough Planning & Zoning Assistant Encl. Permit Number SP-�- �� CITY OF SOUTH BUF LINGTON APPLICATION FOR SITE PLAN REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Development Review Board. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) QO •.rat Q 2) LOCATION OF LAST RECORDED DEED (Book and page #) LICANTCName,,mailing address, and fax #) � Gi�,C �1 1 k �(\ 4) CONTACT PERSON (person who will receive all correspondence from Staff. Include name, address, phone & fax #): I 5) PROJECT STREET ADDRESS: !�A,`\'�1 w) Uy\SL 6) TAX PARCEL ID # (can be obtained at Assessor's Office) -Q00-Aq 7) PROJECT DESCRIPTION a) Existing Uses on Property,(inc.luding description and size of each separate use) b) Proposed Uses on property (includ es Y main) c) Total building square footage on property � .Ns 1 '�!>(. °- rnc, , and size of each new use an4 existing uses Jo od0y", buildings and existing buildings to remain) d) Height of building & number of floors (proposed buildings and existing bui if basement and mezzanine) _ tA) qlDct -k-r-\ d? I tz�k to r;i&specify T e) Number of reside tial units (if applicable, new units and existing units to remain)_ 1 f) Number of employees & company vehicles (existing and employees): office versus non -office g) Other (list any other information pertinent to this application of specifically requested above, please note if Overlay Districts are applicable): l 1 IA 8) LOT COVERAGE Total Parcel Size: Sq. Ft. a) Building: Existing % / _ sq. ft. ` Proposed % / sq. ft. b) Overall impervious coverage (building, parking, outside storage, etc) Existing ��Ei.�O % / so ft. Proposed— '1u� �D_% /fJ& sq. ft. (6Q"V-0a c) Front yard (along each treet) Existing _% / sq. ft. \v \ Proposed % _sq. ft. d) Total area to be disturbed during construction (sq. ft.) , * Projects disturbing more than one-half acre of land must follow the City's specifications for erosion control in Article 16 of the Land Development Regulations. Projects disturbing more than one acre require a permit from the Vermont Department of Environmental Conservation. 9) COST ESTIMATES a) Building (including interior renovations): $ _ b) Landscaping: c) Other site improvements (please list with cost): 10) ESTIMATED TRAFFIC a) Average daily traffic for entire in and : out property ( ) b) A.M. Peak hour for entire property (in and out): c) P.M. Peak hour for entire property (In and out): 11) PEAK HOURS OF OPERATION: `S',WGJX\ - 2 12) PEAK DAYS OF OPERATION: 13) ESTIMATED PROJECT COMPLETION DATE: 14) ABUTTERS (please list all abutting landowner. Include mailing address. Also include those across a street or right-of-way. You may use a separate sheet if necessary) p c7�WLI 15) SITE PLAN AND FEE A site plan shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I I" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application (see Exhibit A). 3 I hereby certify that all the information requetd as part accurate to the best of my knowledge. II,, SI SIGNA IiUM OF/VOPERTY OWNER Do not write below this line has been submitted and is DATE OF SUBMISSION:_ REVIEW AUTHORITY: ❑ Development Review Board If/Administrative P Officer I have reviewed this site plan application and find it to be: LK Complete ❑ Incomplete Vector of Planning & Zoning or Designee Date 4 \ PAVED \\ PARKING \ AREA \\� I2 UNIT 43 ,� 10" PINE 40.0' DETA `— GENERATOR K, UNIT 44 MTC 1 6.6' of s 0 o, PAVED B,B5'78•��E �\ PARKING 90.47' ` AREA 06�1'30'1 N 35.4' N06'3130'E 12.13 g378'30"E 24.0• \\ �.e[H l� UNIT �/ l i 55 �\ i' v b 0 h 'NIT T 21.6' w 11.6' 0 pA VEp �O a 10/ 16/01 MOTION OF APPROVAL TIMBER LANE MEDICAL CENTER AREA ASSOC. ADDITION OF GENERATOR- 44 TIMBER LANE I move the South Burlington Development Review Board approve final plat application #SD-01-52 of Timber Lane Medical Center Assoc. to amend a planned unit development consisting of medical offices. The amendment consists of adding an emergency generator on a 30" x 54" concrete pad as depicted on a one (1) page set of plans entitled, "Timber Lane Medical Center, Timber Lane, South Burlington, VT", prepared by Trudell Consulting Engineers, Inc., dated August 10,1987, last revised on 9/7/01, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the generator. 3. Any change to the final plat plan shall require approval by the South Burlington Development Review Board. 4. The final plat plan shall be recorded in the South Burlington land records within 90 days or this approval is null and void. The plan shall be signed by the Development Review Board Chair or Clerk prior to recording. 575 Dorset Street Phone: 846-4106 Fax: 846-4101 Fax To: Charles Bowen From: Stephanie A. Smith Fax: 864-0277 Date: October 4, 2001 Phone: 860-6725 Pages: 2 Re: 44 Timberlane — Final Subdivision Plat CC: Review Re: 44 Timberlane — Final Subdivision Plat Review Dear Mr. Bowen: Please find attached the preliminary comments on the above referenced application. The project is currently scheduled to be considered by the Development Review Board on October 16, 2001. If you wish to respond to these comments or submit additional information, please do so no later than October 9, 2001. Please be sure that someone is at this meeting to represent your application. If you have any questions, please feel free to give me a call. Sincerely, S�A' �'_ 34 Stephanie A. Smith Associate Planner City of South Burlington, Planning & Zoning 1 i To: Applicants From: Stephanie Smith, City of South Burlington RE: Project Staff Notes Date: October 2, 2001 SD-01-52 Final Subdivision Plat Review Previous Action: Notice of Conditions of Planned Unit Development and Subdivision Approval, April 14, 1999. Overview: The application for Final Subdivision Plat Review for 44 Timberlane Medical Center Area Assoc. to include a pad mounted generator for emergency use. Issues: At this time, there are no issues. The proposed site plan shows the generator is sufficiently hidden by existing plant materials. In addition, the total coverage remains unchanged because of the proposed removal of a portion of sidewalk found adjacent to the generator. Completeness of Plan: The applicant has submitted sufficient information for Development Review Board to consider the changes. No additional information is needed. Recommendation: Staff recommends that this application be authorized to proceed for final subdivision plat review consideration at the October 16, 2001 meeting. 1 iG�}D G REBAR FOUND • IRON PIPE FOUND ■ CONCRETE MONUMENT FOUND O IRON RRE TO BE SET ------W�----- WATER LINE —g—� SEWER LINE .-----Sp----- STORM LINE CHAIN LINK FENCE TRIWUM REALTY. INC. FOREST PARK CONDO. ASSOC. THIS PUT IS BASED ON A TOTAL STATION CONTROL TRAVERSE. EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM THE SOUTH BURUNGTON LAND RECORDS BEARINGS ARE BASE ON MAGNETIC NORTH. YAP AND DEED RESERMISS 1) FOREST PARK REALTY CORP. TO MEDIPROP V. IDS P.195 2) MEDIPROP TO TIMBER LANE MEDICAL CENTER V. 136 P. 459 J) -FOREST PARK REALTY CORP.' V. 107 P. 89 4)-MEDIPROP AND WOODLAND PROPERTIES' V. 107 P. 160 5) -TIMBER LANE MEDICAL CENTER CONDOMINIUMS' V. 707 P. 164 MANOR WOODS ASSOC.. INC. CAIRNS CD IRROV. TRUST 10' EASEMENT TO CITY OF SOIIIH BURLINGTON KENNEDY FOR SEWER LINE AND FOR PUMP STATION V.102 P.221 Graphic Scale Feet 30 0 30 60 90 t20 TO OBTAIN METER MULTIPLY FEET TIME 0.3048 DETAIL OF PROPOSED GENERATOR LOCATION SCALE - 1'-5' 'BRIARWOOD ESTATES- CONDOMINIUM ASSOC. V.162 P.127 61. V.153 P.102 ® ADO PROPOSED GENERATOR 9/7/O SOT 0 � soc"ATLKNUMBERS II/11/96 SMi ® ADD NIEED 9IAIDIMG� 4/9/96 mT ® AM PARKMc AND cIRTIE1 wN, Now ADO PHASE I M.M. DIMENSIONS 5/24/95 SOT REVISED BLAIDING TD EXISTING 5/20/66 MSS MNWPn4 Dawlptlon Dah ay APPROVED BY RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH BURLINGTON, VT. ON THE DAY OF 200— SUBJECT TO THE REQUIREMENTS AND CONDITIONS OF SAID RESOLUTION. SIGNED THIS DA Y OF 200_ .-, BY CHAIRMAN OR CLERK RALPH d ANN GOODRICH v. 373 p. 575 TAX NAP NUNBER 1) LOT 1 1720-00050 2) LOT M 1720-00040 ZONING 0!STRICT I R7 - RESIDENTIAL. 7 PER ACRE 2) TRAFFIC OVERLAY DISTRICT ZONE 5 ALONG KENNEDY DRIVE LOT COVERAGE EXITING 1) LL OVERA-2 AM - Z45 ACRES 2) BUILDINGS - 49.J51 RT - 1.13 ACRES - 1a7 S LOT COVERAGE PRaPQSE➢ 1) OVERALL - 106.650 N - 2.45 ACRES - be S 2) BUKDINGS - 49.351 sF - 1.1J ACRES - 18.7 X SEWER AND WATER ARE BASED ON PLANS OF OTHERS LOi I - TIMBER LANE MEDICAL CENTER CONDOMINIUM ASSOC. V 1J6 P. 459 LOT D - TIMBER LANE MEDICAL CENTER AREA ASSOC V. 262 P. 141 LOT 1 4.00 ACRES LOT A 2.03 ACRES TOTAL AREA 6.0.5 ACRES SOUTH BURLINGTON GTY ICLM ACE aIt O'clock minutes m and recorded in Volume�,_j, E' `,..;age sssia+9 w Attest. City Clerk dft TIMBER LANE MEDICAL CENTER '°°`°-" "`— Timber Lane, South Burlington, Vt. LNRlectmg. SOT swr 5hR4t L1W Subdivision Plan D.h 6/10/67 e..� 1'-JO' TRUDELL CONSULTING ENGINEERS. INC. ""° °� 87 G OW 49 % a k PR 1-1 6RX 306 VNI■ I— VRrtnont OS49S 679 1 Permit Number SD- CITY OF SOUTH BURLINGTON APPLICATION FOR FINAL SUBDIVISION PLAT REVIEW All information requested on this application must be completed in full. Failure to provide the requested information either on this application form or on the plans will result in your application being rejected and a delay in the review before the Development Review Board. For amendments, please provide pertinent information only. 1) OWNER OF RECORD (Name as shown on deed, mailing address, phone and fax #) Timberlane Medical Center Area Assoc., 44 Timberlane, So. Burlington 05403-7282 Phone 860-6725 Fax 864-0277 2) LOCATION OF LAST RECORDED DEED (Book and page #)volume 262 Page 171 3) APPLICANT (Name, mailing address, phone and fax #) Same as above 4) CONTACT PERSON (Name, mailing address, phone and fax #) Dr Charles Bowen - same address and phone 5) PROJECT STREET ADDRESS: 44 Timberlane, So. 6) TAX PARCEL ID # (can be obtained at Assessor's Office) 1720-00040 7) PROJECT DESCRIPTION a) Existing Uses on Property (including description and size of each separate use) Medical Offices b) Proposed Uses on property (include description and size of each new use and existing uses to remain) Add a pad mounted generator for emergency use. c) Total building square footage on property (proposed buildings and existing buildings to remain) 49,351 Square Feet d) Height of building &number of floors (proposed buildings and exist"in- to r ecify if basement and mezzanine) Existing one story building. Proposed generator is I .0 e) Number of residential units (if applicable, new units and existing units to reinain� o I) Number of employees & company vehicles (existing and proposed, not office versus non -office employees): No change g) Other (list any other information pertinent to this application not specifically requested above, please note if Overlay Districts are applicable): We c'a `tee C'_'Li;: (34 a-, n 4—V c e ,-.t7 ,,,,.. 8) LOT COVERAGE a) Building: Existing 18.7 % Proposed 18.7 % b) Overall (building, parking, outside storage, etc.) Existing 59.3 % Proposed 59.3 % c) Front yard (along each street) Existing 39.8 % Proposed 39.8 9) COST ESTIMATES a) Building (Including interior renovations): $ 0 b) Landscaping: $0 c) Other site improvements (please list with cost): Pad mounted generator - $14,450.00 10) ESTIMATED TRAFFIC a) Average daily traffic for entire property (in and out): No b) A.M. Peak hour for entire property (in and out): No c) P.M. Peak hour for entire property (In and out): No Change 11) PEAK HOURS OF OPERATION: No 12) PEAK DAYS OF OPERATION: No Change 13) ESTIMATED PROJECT COMPLETION DATE: Three weeks 14) PLANS AND FEE Plat plans shall be submitted which shows the information listed on Exhibit A attached. Five (5) regular size copies and one reduced copy (I P x 17") of the plans must be submitted. A subdivision application fee shall be paid to the City at the time of submitting thhe final plat application (see Exhibit A). Y r I hereby certify that all the information requested as part of this application has been submitted and is accurate to the best of my knowledge. SIGNATURE OF APPLICANT SIGNATURE OF PROPERTY OWNER Do not write below this line DATE OF SUBMISSION: I have reviewed this final plat application and find it to be: ❑ Complete ❑ Incomplete Director of Planning & Zoning or Designee Date CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 October 12, 2001 Mr. Charles Bowen Timberlane Medical Center 44 Timberlane South Burlington, Vermont 05403 Re: Final Subdivision Plat — Timberlane Dear Mr. Bowen: Enclosed is the agenda for next Tuesday's Development Review Board meeting and my comments. Please be sure that someone is at the meeting on Tuesday, October 16, 2001 at 7:30 p.m. at the City Hall Conference Room, 575 Dorset Street. Sincerely, Raymond J. Belair Administrative Officer Encl./td CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 April 20, 2000 James E. Knapp, Esquire Gravel & Shea P.O. Box 369 Burlington, VT 05402-0369 Re: Unit A - Timberlane Dear Jim : This is in response to your letter of April 11, 2000. I agree with your position that there is no subdivision occurring as a result of the proposed amendment to the existing Declaration. If you have any questions, please let me know Si RJB/mcp J. Belair, hive Officer GRAVEL AND SHEA Attorneys at Law 76 St. Paul Street Post Office Box 369 Burlington, Vermont 05402-0369 Telephone 802.658.0220 Facsimile 802.658.1456 www. gravelshea.com Writer's E-Mail: jknapp@gravelshea.com Mr. Ray Belair Zoning Administrative Officer City of South Burlington 575 Dorset Street South Burlington VT 05403 April 11, 2000 Stephen R. Crampton Stewart H. McConaughy Robert B. Hemley William G. Post, Jr. Craig Weatherly James E. Knapp John R. Ponsetto Dennis R. Pearson Peter S. Erly Robert F. O'Neill Margaret L. Montgomery Stephen P. Magowan Heather Briggs Robert H. Rushford Re: Condominium Unit Owned by Timberlane Ophthalmologists Unit A - Timber Lane Dear Ray: Clarke A. Gravel Charles T. Shea Of Coaneel Norman Williams Special Coaneel Leigh Polk Cole Johan WE. Maitland Michelle N. Farkas Rebecca C. Raskin Andrew D. Manitsky• 'Admitted only in New York We are working with Dr. Peter Lawlor and Dr. Robert Guiduli, the partners in Timberlane Ophthalmologists, to create a mechanism to allow them to create sub -units in their existing condominium unit so they can each have a space for their practice and so they can dispose of extra space in the Unit that they do not need. The present recommendation is to have Timberlane Ophthalmologists convert their existing single Unit into four units by amending the existing Declaration of Condominium. We expect that the owners of the other Units in the Condominium will agree. There will be no new construction of any kind, nor will there be any change to the land or the building which now constitutes the Unit. No new lots or parcels will be created, nor will any new boundaries be created on the land. There will be no new uses (the units will continue to be medical offices). It would appear that what we are trying to accomplish falls directly with the holding of In re Appeal of Lowe, 164 Vt. 167, 666 A.2d. 1178 (1995). I have included a copy of that case, for your reference. The amendment of the Declaration of Condominium should not result in any permit requirements under either subdivision or zoning based on the Lowe decision. We will need to record a new floor plan of Unit A with the Amendment to the Declaration of Condominium. That plan is being prepared now and I do not have a copy of the final plan to show you at this time. I have a draft of an earlier version of the floor plan, which I have enclosed. The draft should be similar to the final plan. I thought it might facilitate the recording process to send you the draft plan and describe what we are doing, so when the GRAVEL AND SHEA Mr. Ray Belair April 11, 2000 Page 2 Amendment to the Declaration and the plan are submitted for recording, you will know what is transpiring. It would also be helpful if you would confirm by letter that you agree that the Lowe case applies and there is no subdivision occurring as a result of the proposed amendment to the existing Declaration. Please be in touch with any questions. Very truly yours, JEK:da Enclosures 166 161 VERMONT REPORTS IN RE LOWE Cite as 164 Vt. 167 167 statute." 1 V.S.A. § 101. The broad definition of "person" set forth in § 128 is completely consistent with § 519's legislative purpose of encouraging persons, including medical personnel working for hospi- tals and other organizations, to assist those in danger. As noted, the undisputed facts establish that UCS had no clinic-t client relationship with plaintiff. Therefore, because § 519 is other- t wise applicable, UCS is entitled to partial immunity under the Act, and summary judgment is appropriate. See Jackson, 864 P2d at 842,' 845 (where no preexisting relationship was established between hospital and plaintiff, hospital was clearly within protection of Good Samaritan statute, and had complete defense against ordinary neg- ligence claims); cf. Hamburger u Henrrj Ford Hosp., 284 N.W.2d 155, 159 (Mich Ct. App. 1979) (hospital not entitled to immunity under Good Samaritan law for ordinary negligence, regardless of immunity' of negligent employees, because hospital -patient relationship existed at time of negligent act). Finally, plaintiff argues that Kowalski should have been required to produce the notes he took during plaintiff's rescue. As plaintiff concedes, he is asking us to reverse the ruling of the federal district court. Apart from jurisdictional considerations, we decline to consider the issue. Plaintiff neither renewed his motion to compel before the superior court nor even asked the court to consider the effect of the federal district court's ruling on his motion. Rather, plaintiff never sought additional discovery under V.R.C.P. 56(f). Rather, plaintiff agreed that the case was ripe for decision on the summary judgment motions already filed in federal court. Under these circumstances, the tissue is not properly preserved for consideration by this Court. See Fitzgerald u Congleton, 155 Vt. 283, 295, 583 A.2d 595, 602 (19W) (issues not raised before trial court by party opposed to summary judgment were not properly preserved for review and would not be considered on appeal from grant of summary judgment). Affirmed on all issues except whether the jury could find defend- ants were grossly negligent, which shall be reargued before the full Count in the f rst regular terns following the September Term. re Appeal of Beverly Lowe, et al. (Town of Colchester, Appellant) [666 A2d 11781 No. 94A21 Present: Gibson, Dooley, Morse and Johnson, JJ. Opinion Filed September 1, 1995 P g and Planning —Generally —Definitions 7n%e zoning authority of a municipality extends to "land development" which is ned to include the division of a parcel into two or more parcels. 24 V.S.A. 4303(3). t Zoning and Planning--Statutes—Construction ; Tim Legislature did not intend that there be instances where a subdivision a` permit was required even though there are no applicable zoning requirement.-,. 24 V.S.A. 4 4417(2). l Zoning and Planning —Generally —Definitions The lack of a statutory definition for "subdivision" does not leave a municipality kre0 to define the term as it deems appropriate. L, Zoning and Planning —Generally —Definitions i` 'Ite Legislature's concept of a subdivision can be found within the definition of _ land development. 24 V.S.A. § 4303(3). f� Zoning and Planning —Variances and Nonconforming Uses —Validity of Zon- log Ordinances The conversion from rental property to condominium ownership is a change of ownership and not a change of use, and thus, is beyond the scope of zoning F regulation. A Zoning and Planning —Variances and Nonconforming Uses —Validity of Zon- la+g Ordinances 'tile transfer of rental units into condominium ownership is not generally a and development that triggers either zoning or subdivision regulation. 1. Zoning and Planning —Generally —Definitions k The term "conversion" was far less likely at the time the Legislature defined "land development" to refer to the transfer of a condominium interest in former rental property. IL Zoning and Panning--Statutes—Construction Interpreting the term "conversion" to refer to ownership is inconsistent with the s statutory construction rule of ejusdem generis which requires that general words be construed in a manner consistent with enumerated words. !, Zoning and Planning —Generally —Definitions 5 - The term "conversion" refers to physical alteration or use and not to forms of ownership. ring and Planning —Ordinances —Validity The statutory power of a municipality to regulate zoning or subdivision Send to changes in form of ownership only. 168 164 VERMONT REPORTS Appeal of a decision of the superior court finding that landowners do not need a zoning or subdivision permit to convert rental property to condominimums. Chittenden Superior Court, Katz, J., presiding. Affirmed - Marsha Smith Meekins of Roesler, Whittlesey, Meekins & Amidon, Burlington, for Appellant. ' Philip C. Linton and Robert H. Rushford of Linton & Hobson, a Williston, for Appellees. Dooley, J. The Town of Colchester appeals from the decision of the Chittenden Superior Court that Beverly and Debra Lowe (landown- ers) do not need a zoning or subdivision permit to convert rental camps on a lot nearLake Champlain to condominium ownership. The town argues that the permit is required by the town's subdivision ordinance and that the ordinance is valid. We affirm. The lot in question borders Lake Champlain and contains six single-family camps which have been rented in the past. The lot does not conform to current zoning requirements because it contains multiple structures, some of which are too close to the lot boundary. ' Landowners proposed to transfer legal title to each of the camps to purchasers, who would own a camp building and an undivided interest- in the surrounding land. The lot would not be subdivided; no change in the camps or their use is proposed. The town subdivision regulations define subdivision to include "condominiums and cooperatives for the purpose, whether immediate, or future, of sale." Based on these regulations, the Colchester zoning administrator decided that a subdivision permit was required before the condominium sale occurred, and this decision was upheld by the zoning board. On appeal, however, the superior court held the zoning `3 enabling act did not grant the town the power to regulate a change in the form of ownership without physical construction, alteration, or modification of the buildings or a change in use or occupancy. It rejected the town's argument that the change in title is necessarily a change in use. [1] The Vermont Planning and Development Act authorizes a municipality to adopt both zoning and subdivision regulations, see 24 V.S.A. § 4401(b), but contains no definition of subdivision. The zoning authority of a municipality, however, extends to "land development" fl which is defined to include "the division of a parcel into two or more parcels." Id § 4303(3). IN RE LOWE Cite as IG4 Vt. 167 169 The town makes two arguments to support its contention that it has authority to regulate condominium sales. First, the town argues t the absence of a statutory definition for "subdivision" gives the town discretion to interpret the word's scope and meaning. Second, ,the town argues that the definition of "land development," the requirement for zoning review, authorizes a municipality to regulate condominium sales. Landowners, on the other hand, argue that no permit, whether zoning or subdivision, is required in this instance. [2) In addressing the town's first argument, we do not see `[enntrolling significance in the fact that this dispute arose as a ruling ghat a subdivision permit, rather than a zoning permit, was required. aSee Drumheller v. Shelburne Zoning Bd , 155 Vt. 524, 527 n.3, 586 'A.2d 1150, 1151 n.3 (1990). In ruling on a subdivision request, the planning commission may require that the subdivided plots "at least comply with the requirements [of the zoning ordinance]." 24 V.S.A. 1 4417(2). The language suggests that the Legislature did not intend that there be instances where a subdivision permit was required even though there are no applicable zoning requirements. See Vermont :Agency of Transp. v. Mazza, 161 Vt. 564, 565, 632 A.2d 363, 364-65 (1993) (mem.) (in construing statute, primary goal is to implement lative intent). Nor would it make sense to require zoning review pf a landowner's actions because it involves a subdivision but conclude that subdivision review is definitionally inapplicable. In view of the terrelationship of zoning and subdivision regulation, we believe that e concept of subdivision should be the same for either regulatory erne. See Nash v. Warren Zoning Bd., 153 Vt. 108, 112, 569 A.2d 447, 450 (1989) (in statutory construction, look to whole statute, plbject matter, effects and consequences); In re McCormick Mari- ggement Co., 149 Vt. 585, 592, 547 A.2d 1319, 1324 (1988) (construe statutes that are part of same overall scheme in pari materia). [3,4] For this reason, we reject the town's argument that the lack of a statutory definition for "subdivision" leaves a municipality free to define the term as it deems appropriate.' Rather than part of a c6ordinated whole, this would create inconsistencies in the zoning and bdivision power. We conclude instead that the Legislature's concept of a subdivision can be found within the definition of land develop - Landowners argue that the town's statutory arguments were not raised in their eesent form below and cannot be so ruined here. We conclude that they were dequately raised below. 170 164 VERMONT REPORTS IN RE LOWE 171 Cite as 1G4 VG 167 Second, the town argues that the definition of land development is broad enough to authorize a municipality to regulate the conversion of rental units into condominium ownership. The argument is based of the full definition of land development: ; "Land development" means the division of a parcel into two or more parcels, the construction, reconstruction, con- _ version, st1•uctural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any change in the use of any building or other st1•ueture, or land, or extension of use of land. 24 V.S.A. § 4303(3). The town emphasizes the use of the term "conversion," because it is defined in the Vermont Protection of Tenants in Conversion of Rental Units Act as "a change in character of residential real property from a rental to an ownership basis." 27 V.S.A. § 1331(2). It argues that because a condominium conversion triggers zoning review under the definition, it should be treated as a'. subdivision. [5, 61 In approaching this question, we have looked at the man cases from other states which support the trial court's conclusionk here. Although some states have addressed the issue in their subdi-. vision law, see, e.g., Cohen a Town of Henniker, 593 A.2d 1145,1147 (N.H. 1991) (statute defines condominium creation as subdivisio nsn Ohio Mall Contractors, Inc. v. Dickinson, 585 N.E.2d 506, 508 (011i0 Ct. App. 1990) (statute provides that transfer of condominium o ership is not subdivision), the overwhelming majority of decisio conclude that in the absence of a specific statute, no zoning or subdivision permit is required to establish condominium ownership oft rental property. See City of Miami Beach v. Arlen King Cole - Condominium Ass'n, 302 So. 2d 777,779 (Fla. Dist. Ct. App.1974) (no'-_ zoning permit required to convert hotel -apartment, a nonconforming use, to condominium ownership); McHenry State Bank v. City of ;5 McHenry, 446 N.E.2d 521, 524 (Ill. App. Ct. 1983) (municipality may not use zoning power to prevent condominium conversion); CH Gen., Inc. v. City of Newton, 439 N.E.2d 788, 791 (Mass. 1982) (1 condominium conversion ordinance is not valid exercise of zonin power because statutory zoning power is restricted to regulating of property rather than ownership); Town of York v. Cragin, 541 A24 932, 934 (Me. 1988) (conversion of rental properties into condomini ownership is not subdivision for purposes of statute autho subdivision regulation); Supervisor u Chase Assocs., 510 A.2d SM-72 (Md. 1986) (filing condominium declaration is not subdivision m der land use laws); Maplewood Village Tenants Assn v. *epfewood Village, 282 A.2d 428, 431 (N.J. Super. Ct. Ch. Div. 1971) minium conversion does not require subdivision permit be - it is "nothing more than a change in the form of ownership" and of the land will not be affected"); Graham Court Assocs. v. Town Eneil of Chapel Hill, 281 S.E.2d 418, 420 (N.C. Ct. App. 1981) 1ge in apartments from tenant rental to condominium ownership not require zoning permit even though apartment is noncon- %r sing use); McConnell v. Wilson, 543 A.2d 249, 251 (R.I. 1988) (eoaversion of lot into parking condominium is "a mere change in the form of its ownership and not a subdivision of land"); Baker u Town Su.Uivan's Island, 310 S.E.2d 433, 436 (S.C. Ct. App. 1983) ersion of apartment building to condominium ownership is 'dmge in form of ownership that does not require zoning permit) 2 lbese decisions are generally based on the reasoning that the !poem ersion from rental property to condominium ownership is a Change of ownership and not a change of use, and thus, is beyond the of zoning regulation. We recently adopted this reasoning in trntont Baptist Convention v. Burlington Zoning Board,159 Vt. 28, 3"1; 613 A.2d 710, 711 (1992), where the zoning board had deter - Fthat a transfer of a church's office property to a business was ercdhange in use even though the actual use of the property would not in the transfer. We ruled: The Zoning Board's position would allow the zoning dinance to be construed as permitting regulation of propty based on the identity of the owner, not the use of land. u< This result is inconsistent with the Legislature's grant of %AMILL authority to adopt zoning regulations.... [The] enumera- [tion of power [in 24 V.S.A. § 4401] refers only to uses and structures, not the identity of the owner.... A distinction based upon the identity of the owner rather than the public health, safety, morals, or general welfare would be invalid. 30-31, 613 A.2d at 711 (citations omitted). town argues that we should distinguish these cases because of differences in the Tory scheme involved, especially where the court relies on statutes prohibiting knination against condominium ownership. This argument can always be made land use decisions because of the great variation in the statutory schemes led by the states. We rely on decisions from other states, however, because of their ttiniz which we find instructive in approaching the issue before us. 172 164 VERMONT REPORTS Vermont Baptist Convention rejects the argument the town made to the trial court that a change in the form of ownership was a change in use. Further, we agree with the decisions from other states that the transfer of rental units into condominium ownership is not generally a land development that triggers either zoning or subdivision regu- lation. [71 We also conclude that the use of the word "conversion" in the Legislature's definition of land development does not change this reasoning. The definition was created in 1968, see 1967, No. 334 (Adj. Sess.), § 1, almost two decades before the Legislature defined "conversion" in protecting rental property tenants. See 1985, No.175 (Adj. Sess.), § 5 (adding 27 V.S.A. § 1331(2)). The term was far less ,—.,likely at that time to refer to the transfer of a condominium interest in former rental property. [8] Three other reasons suggest rejection of the town's interpre- tation of the term "conversion." First, it appears in a list of actions that relate to the nature of the structures on the land and their use and not to ownership. Interpreting it to refer to ownership is inconsistent with the statutory construction rule of ejusdem generis which requires that general words be construed in a manner consis- tent with enumerated words. See Vermont Baptist Convention, 159 Vt. at 30, 613 A.2d at 711. Second, the town's interpretation makes the enabling statute internally inconsistent because, as held in Vermont Baptist Conven- tion, the "enumeration of powers refers only to uses and structures." Id at 31, 613 A.2d at 711. The definition the town seeks would be broader than the specific enumeration of zoning powers. Finally, if the Legislature intended that conversion refer to changes ^in ownership, the term is misplaced in the section. Rather than being placed among synonyms for physical alteration, it should be placed as an exception or addition to the part of the definition covering "division of a parcel into two or more parcels." [9, 10] We conclude that the term "conversion" refers to physical alteration or use and not to forms of ownership. The statutory power of a municipality to regulate zoning or subdivision does not extend to changes in form of ownership only. See In re White, 155 Vt. 612, 618, 587 A.2d 928, 931 (1990) (town's zoning authority must be "in accordance with, and subject to" terms of zoning -enabling statutes). Accordingly, the Town of Colchester may not require subdivision review of a transfer of interests in rental property for condominium STATE a LANGLOIS Cite as 161 Vt. 173 173 ownership without finding that the actual use of the property is affected. Affirmed. State of Vermont v Brian D. I.anglois [667 A2d 461 No. 94-031 Present: Allen, CJ., Gibson, Dooley, Morse and Johnson, JJ. Opinion Filed September 1, 1995 1. Search and Seizure —Warrant Requirement; Exceptions—Irobable Cause Police officer did not have probable cause to conduct a warrantless search of vehicle because other than the claim that defendant had drugs, the information the informant provided was readily available to any member of the public who could observe defendant's vehicle, there was nothing particularized or predictive about the information, except the unexceptionable fact that defendant was "presently driving around Main Street in Bennington" in his truck, the informant did not provide police with the type of information that could be independently corrobo- rated, such as specific accounts of travel plans, routes to be taken, descriptions of accompanying passengers, or other such details, nor did the officer observe defendant engaged in any suspicious activity, and defendant did not make any unusual or furtive gestures while he was being pulled over. L Search and Seizure —Warrant Requirement; Exceptions —Probable Cause Information provided by unknown informant was insufficient to establish probable cause to search vehicle where: (1) unknown informant had no track record, and therefore lacked proof of reliability; (2) the basis of knowledge was minimally shown by a statement that the caller had seen drugs in the car without an explanation of how he could make such an observation; (3) the factual information provided was of a kind readily. available to many people; (4) the corroboration was of mundane, innocent facts easily available to co-workers or friends and not of any of the incriminating allegations; (5) the police saw no suspicious or incriminating activity in their surveillance of defendant; and (6) the tip did not contain the wealth of intimate detail necessary to make it self -verifying. 3. Search and Seizure —Warrant Requirement; Exceptions —Probable Cause Fact that unknown informant provided his name was not enough to establish probable cause to search vehicle where the police could not verify the name and made no attempt to do so, there was nothing to indicate that the name was not fictitious, and even if the name were accurate, and the caller risked some adverse consequences from providing inaccurate information, there was still no track record of reliability. Appeal from denial of defendant's motion to suppress evidence obtained in a search of his motor vehicle. District Court, Unit No. 1, Bennington Circuit, Black, Acting J., presiding. Reversed (orm UNIT 1 UNIT- ."A" 1 o UNIT' A-1 o UNIT A-2 ® UNIT A-3 o UNIT A-4 J 1 LIMITED COMMON 1 AREA SCAM Y ICJ" =,f- 1 1 _ TO TF E BEST OF MY KNOWLEDGE TM FLOCK PLAN FLU.Y MID -- AOCUUTEI.Y Dwas TFE wan. LOCAnoN. BUww ""us MID DW6M OF I}E V"WG A6 BRAT. ' r f Or yLp�/ CNA JlE YL 1980 ------J 11----------11---- �1 CI CL K'S OFFICE_ Received 1911 at eccrded in I on page 1 -3 n3 01 So. Burlington Land Records ,,,attest TIMBER LANE MEDICAL CENTER r-�c�antl NOTICE OF CONDITIONS OF Margaret k PitRDANWR&UNIT DEVELOPMENT AND SUBDIVISION APPROVAL WHEREAS, Timber Lane Medical Center Area Association, Inc., is the master area association for a condominium complex known and designated as Timber Lane Medical Center (a.k.a. Timber Lane Medical Center Phase I), and Timber Lane Medical Center Phase II, comprising a total of eleven (11) condominium units, located southerly of Kennedy Drive and easterly of Timber Lane in the City of South Burlington (hereinafter collectively "Owners"); and WHEREAS, Owners obtained approval from the South Burlington Planning Commission for a commercial planned unit development and subdivision of lots 1 and 2 (AKA Phases I and II), all as shown on a plan entitled "Timber Lane Medical Center, Timber Lane, South Burlington, Vermont, Subdivision Plat" dated October 4, 1998, last revised on November 11, 1998, prepared by Trudell Consulting Engineers, Inc. and to be recorded in Volume �{3b, Page n-J of the City of South Burlington land records ("Property" herein), by resolution of the Planning Commission approved at a meeting on February 23, 1999; and WHEREAS, the Planning Commission's approval imposes certain conditions on the subject Property. NOW THEREFORE, Owners hereby give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Planning Commission or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the approval of the South Burlington Planning Commission granted on February 23, 1999. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Owners covenant and agree that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if condominium units located on such Property are conveyed to separate owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the Owners, or an association as designated by all of the Owners in a document duly executed and recorded in the City of South Burlington land records. The City shall act upon any application submitted by all of the Owners or the association, and shall not be required to resolve a dispute between the association and the Owners as to the respective rights of the association and Owners. It shall be the duty of the Owners or the association to notify all others having an interest in the property that may be affected by the application proceedings or the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, shall be brought against the Owners or the association. It shall be the duty of the Owners or the association to notify all others having an interest in the property that may be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the Owners, the association or the owner of any unit within the Property. 5. This Notice of Conditions 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 Conditions shall be binding upon the Owners and the Owners' successors and assigns. Dated at South Burlington, Vermont, this 14day of /�%/}/'��:f� , 1991?. In the presence of: TIMBER LANE M ICAL Q TFjt (PHASE I) "4-V— lness La4�,e �-- Wit ess Wi ess UZZI Its Deily Aiiflized Agent TIMBER LANE MEDICAL CENTER (PHASE II) Its Duly Authorized Agent TIMBER LADE MEDICAL CENTER AREA ASSOCIATION.INO. 2 thorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said county and state this C` ` day of %1C.,Gz, i, , 199q, personally appeared 1 stt , in his/bm capacity as duly authorized agent for Timber Lane Medical Center (Phase I , and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase I). Before me, (11!t� Ld, Notary PublK STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At M,;YZ=e5z in said county and state this !6 day of 199�, personally appeared/� A.e_. , in his/lw capacity as duly authorized agent for Timber LaKe Medical Center (Phase II), and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase II). Before me, Notary Public STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At e in sail county and state this /6 94 day of '%�, 19912_, personally appeared {«,.,,,� I&cAnn. _x tc,A , in his/her capacity as duly authorized agent for Timber Lane Medical Center Area Association, Inc., and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center Area Association, Inc. P:\3768\2\Notice of Condition.981229.smdoc Before me, &e-e i Notary Public 3 COPYPAUL, FRANK & COLLINS, INC. ATTORNEYS AT LAW Peter INI. Collins John T. Sartore (NY) ONE CHURCH STREET William D. Riley B. Michael Frye Mark G. Hall Alan D. Port P.O. BOX 1307 David J. Spielman Robert G. Cain (NY) Bess Messerman Okum (OH) S. Crocker Bennett, II BURLINGTON, VERMONT 05402-1307 Frank V. Petrosino Robert S. DiPalma Kevin L. Kite (NY) Stephen J. Soule (NH) Gail E. Haefner TELEPHONE (802) 658-2311 Stephanie J. Mapes Kenneth R. Appleby (DC, MD) TELECOPIER (802) 658-0042 Stephen G. Norten R. Allan Paul Elizabeth J. Grant (MA) Joseph E. Frank Christopher McVeigh (NE, NY) Robert J. Grenier (MA) John H. Draper, IV Catherine Kronk Jan E. Bernasconi (MA) OF COUNSEL David Borsykowsky (NY) William Alexander Fead (NJ) Matthew E.C. Pifer March 26, 1999 Ms. Alden Cody 100 West Canal Street, Unit #40 Winooski, VT 05404-2161 RE: Timberlane Medical Center Our File No. 3768/2 Dear Alden: At Ray Belair's request, I have revised and I enclose for execution an original document entitled Timber Lane Medical Center, Notice of Conditions of Planned Unit Development and Subdivision Approval. Please provide me with a conformed copy once the document has been fully executed. If you have any questions, please give me a call. ("nrrlinlly vnnrc NC. PMC:dlr Enclosure cc w/enc: Mr. Ray Belair (Assistant Planner, City of South Burlington) P A3 768\2\Ltr\co d y.9903 26. do c TIMBER LANE MEDICAL CENTER NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT AND SUBDIVISION APPROVAL WHEREAS, Timber Lane Medical Center Area Association, Inc., is the master area association for a condominium complex known and designated as Timber Lane Medical Center (a.k.a. Timber Lane Medical Center Phase I), and Timber Lane Medical Center Phase II, comprising a total of eleven (11) condominium units, located southerly of Kennedy Drive and easterly of Timber Lane in the City of South Burlington (hereinafter collectively "Owners"); and WHEREAS, Owners obtained approval from the South Burlington Planning Commission for a commercial planned unit development and subdivision of lots 1 and 2 (AKA Phases I and II), all as shown on a plan entitled "Timber Lane Medical Center, Timber Lane, South Burlington, Vermont, Subdivision Plat" dated October 4, 1998, last revised on November 11, 1998, prepared by Trudell Consulting Engineers, Inc. and to be recorded in Volume , Page of the City of South Burlington land records ("Property" herein), by resolution of the Planning Commission approved at a meeting on February 23, 1999; and WHEREAS, the Planning Commission's approval imposes certain conditions on the subject Property. NOW THEREFORE, Owners hereby give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Planning Commission or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the approval of the South Burlington Planning Commission granted on February 23, 1999. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Owners covenant and agree that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if condominium units located on such Property are conveyed to separate owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the Owners, or an association as designated by all of the Owners in a document duly executed and recorded in the City of South Burlington land records. The City shall act upon any application submitted by all of the Owners or the association, and shall not be required to resolve a dispute between the association and the Owners as to the respective rights of the association and Owners. It shall be the duty of the Owners or the association 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, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, shall be brought against the Owners or the association. It shall be the duty of the Owners or the association to notify all others having an interest in the property that may be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the Owners, the association or the owner of any unit within the Property. 5. This Notice of Conditions 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 Conditions shall be binding upon the Owners and the Owners' successors and assigns. Dated at South Burlington, Vermont, this day of , 1999. In the presence of: TIMBER LANE MEDICAL CENTER (PHASE I) Witness Witness Witness IM Its Duly Authorized Agent TIMBER LANE MEDICAL CENTER (PHASE II) an Its Duly Authorized Agent TIMBER LANE MEDICAL CENTER AREA ASSOCIATION, INC. an Its Duly Authorized Agent 2 a STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said county and state this day of , 1999, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center (Phase I), and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase I). Before me, STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Notary Public At in said county and state this day of , 1999, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center (Phase II), and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase II). Before me, STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Notary Public At in said county and state this day of 1999, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center Area Association, Inc., and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center Area Association, Inc. Before me, P:\3768\2Wotice of Condition. 990326.doc Notary Public CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 30, 1999 Alden Cody Business Manager 100 West Canal Street, Unit # 40 Winooski, Vermont 05404 Re: 2 Lot .Subdivision, 35-56 "Timber Lane Dear Ms. Cody: Enclosed is a copy of the February 23, 1999 Planning Commission meeting minutes. Please note the conditions of approval including the requirement that the final plat plan be recorded in the land records within 90 days (6117199). If you have any questions, please give me a call. .toe YTPh, Director Planning & Zoning JW mcp I Encl PLANNING COMMISSION 23 FEBRUARY 1999 the South Burlington Land Records subject to the following stipulations: 1 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 The Chair or Clerk of the Planning Commission shall stamp and sign the plat recorded in map volume 166, page 49 of the South Burlington Land Records within 90 days or this approval is null and void Prior to the Chair or Clerk of the Planning Commission stamping and signing the recorded plat, a legal document shall be recorded which explains the Planning_ Commission's action regarding the approval This legal document shall be approved by the City Attorney prior to recording. Ms Barone seconded Motion passed unanimously. 4. Public Hearing: Final Plat application of Timberlane Medical Center to subdivide a 6.03 acre parcel developed with a medical office building into two lots of 4.0 acres and 2.03 acres, and thereby creating a planned unit development, 35-55 Timber Lane. Ms. Cody said they have submitted all the necessary data. No issues were raised. Mr. O'Rourke moved the Planning Commission approve the final plat application of Timberlane Medical Center to subdivide a 6.03 acre parcel developed with a medical office building into two lots of 4.0 acres and 2.03 acres, and thereby create a planned unit development, 35-55 Timber Lane, as depicted on a plat entitled "Timber Lane Medical Center Timber Lane, South Burlington, VT," dated 10/4/98 last revised on 11/11/98, with the following stipulations: 1 All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2 Pursuant to Section 10.404 of the South Burlington Zoning Regulations, the Planning Commission modifies lot frontage, setbacks and coverage requirements for lots I & II. 3 Prior to recording the final plat plan, the applicant shall record a "Notice of Condition" approved by the City Attorney which states that for zoning and subdivision purposes this property shall be treated as a planned unit development and that both lots shall be treated as one lot. PLANNING COMMISSION 23 FEBRUARY 1999 4. Any change to the final plat plan shall require approval by the South Burlington Planning Commission. 5. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zonin Ms. Barone seconded. Motion passed unanimously. 5. Public Hearing: Preliminary Plat application of John Larkin, Inc., to amend a planned unit development consisting of a 200 room hotel and restaurant, 1720 Shelburne Road. The amendment consists of constructing a 4-story, 60 room hotel in a separate building: Mr. Rabideau said the property is located across from the Holiday Inn Express project. The building has been shortened by 30 ft. and moved 10 ft. to the west in order to provide a buffer. They now meet and exceed the CO Zone setback from the brook. The building will have a flat roof in order to control runoff into the brook. They will be looking for a 5 ft. height waiver because of this. Mr. Rabideau then explained the stormwater runoff/retention system. Definitive information from Heindel & Noyes will be provided at final plat. Roof water runoff will be treated in a swale on the project site. The existing parking lot will be expanded. The applicant is asking for a $13,000 landscape waiver based on the feeling that there is no place on the site to put additional landscaping. Mr. Weith asked if plans for drainage for the other hotel will have to be changed because of this project. Mr. Rabideau said they will have to apply for a technical correction on that plan to allow them to begin construction before the sewage treatment plant is completed. That will include an update from this plan. Mr. Weith said he would like the retention pond on Shelburne Rd. to be one which can be maintained (plowed, mowed, etc.). He noted there are some ponds in the city which have become very unsightly. Mr. O'Rourke asked if there are cleaning requirements for the tank 3 - 10' EASEMENT TO CITY OF SOUTH SURVNGTON FOR SERER LINE AND FOR PUMP STATION V 102 P. 221 L[OFa� REBAR FOUND IRDN PIPE FOUND CONCRETE "ONLINE", FOUND 0 IROI PIPE TO BE SCI ------W------ WATER LINE __S__ SEWER LINE ------SO----- -+— STORM LINE CHAIN LINK FENCE RAUW t AW GOODRICH 3731575 9MARWOOD ESWEr CO DOIRA N ASSOC. V.162 P.127 AEV.IW P.102 ® DAD �WUK�s�E"5 I,n1�96 9MT ® A00 RWTER AND SEWER 4/9/00 30T IEWSE° 9MLDKM9 ®ADII VO PPS 81�O0.�DRR TIIIXAV0IK/2 /93 9DT � 81MORD TO Em'RD 3/12O/6R — RRRYMu I I °"n"°" 1 B.L. 1 R9 TNIS PLAT IS BASED ON A TOTAL STATION CONTROL TRAVERSE, EVIDENCE FOUND IN THE FIELD AND INFORMATION ABSTRACTED FROM NE SOUTH BURUNCTON LAND RECORDS. 9EARINOS ARE BASE ON MAGNETIC NORTH, P 1) FOREST PARK REALTY CORP. TO MEOPROP V. 108 P, 195 2) MEOIPROP TO TIMBER LANE MEDICAL CENTER V 136 P 459 J) 'FOREST PARK PEALTY COPP.' V. 107 P. 89 I) 'MED"op AND WOODLAND PROPERTIES' V. 107 P. I60 5) 'TIMBER LANE MEDICAL CENTER CONDOMMMUMS' V. 107 P, IBA LOT COVERAG[ 1) PAVEMENT h SIDEWALKS . 106.893 RT . 2.45 ACRES . 40.6 1 2) BUILDINGS . 49,357 0 . I.IJ ACRES . 18.7 1E SEWER AND WATER ARE BASED ON PLANS OF OMERS LOT I - TIMBER LANE MEDICAL CENTER CONDOM IMUM ASSOC V 139 P 459 LOT M - TIMBER LANE MEDICAL CENTER AREA ASSOC. V 702 P. INN LOT I 4.00 ACRES LOT II 2.03 ACRES TOTAL AREA 9.03 ACRES Craptft Scale }NE 30 0 30 60 90 120 TO OBTAIN METER VULTTPLY FEET TIME 03048 R.E.CFIVED DEC 0 8 1998 r4v r.�" —..-on on nR1,WI NWr TIMBER LANE MEDICAL CENTER Timber Lane, South Burlington, Vt PN 1Ec Wp. SOT 6M..M IT 91— I&AR �R 10/0A/98 sF.w I'.J0' Subdivision Plat Ir TRUDELL CONSULTING ENGINEERS, INC. 711' RR°" 67 C. W.6 .9 114 N k PM RPRA 9. SOR VIMRKRI WW,vW 054" 6/9471RL TIMBER LANE MEDICAL CENTER NOTICE OF CONDITIONS OF PLANNED UNIT DEVELOPMENT AND SUBDIVISION APPROVAL WHEREAS, Timber Lane Medical Center Area Association, Inc., is the master area association for a condominium complex known and designated as Timber Lane Medical Center (a.k.a. Timber Lane Medical Center Phase I), and Timber Lane Medical Center Phase II, comprising a total of eleven (11) condominium units, located southerly of Kennedy Drive and easterly of Timber Lane in the City of South Burlington (hereinafter collectively "Owners"); and WHEREAS, Owners obtained approval from the South Burlington Planning Commission for a commercial planned unit development and subdivision of lots 1 and 2 (AKA Phases I and II), all as shown on a plan entitled "Timber Lane Medical Center, Timber Lane, South _ Burlington, Vermont, Subdivision Plat" dated October 4, 1998, last revised on Novein�er 11, 1998, prepared by Trudell Consulting Engineers, Inc. and to be recorded i "Plat Rack 17) of the City of South Burlington land records ("Property" herein), by resolton of the Planning Commission approved at a meeting on (� e'"` ' 1994; and WHEREAS, the Planning Commission's approval imposes certain conditions on the subject Property. NOW THEREFORE, Owners hereby give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless and until modified or removed by the South Burlington Planning Commission or its successor: 1. The Property shall be developed and used in accordance with the terms and conditions of the approval of the South Burlington Planning Commission granted on .1998. 2. The Property is and shall constitute a single parcel of land for purposes of compliance with City of South Burlington regulations and ordinances now in effect or hereafter amended or adopted, including zoning and subdivision regulations. Owners covenant and agree that for the purpose of compliance with an application of City of South Burlington ordinances and regulations, including zoning and subdivision regulations, the Property shall continue to be regarded as a single parcel of land, even if condominium units located on such Property are conveyed to separate owners together with an undivided interest in the common lands. 3. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be all of the Owners, or an association as designated by all of the Owners in a document duly executed and recorded in the City of South Burlington land records. The City shall act upon any application submitted by all of the Owners or the association, and shall not be required to resolve a dispute between the association and the Owners as to the respective rights of the association and Owners. It shall be the duty of the Owners or the association to notify all others having an interest in the property that may be affected by the application proceedings of o . the commencement of such proceedings. 4. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property, or activities or events occurring on the Property, shall be brought against the Owners or the association. It shall be the duty of the Owners or the association to notify all others having an interest in the property that may be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the Owners, the association or the owner of any unit within the Property. 5. This Notice of Conditions 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 Conditions shall be binding upon the Owners and the Owners' successors and assigns. Dated at South Burlington, Vermont, this day of , 199_ In the presence of. TIMBER LANE MEDICAL CENTER (PHASE I) Witness Witness Witness LE Its Duly Authorized Agent TIMBER LANE MEDICAL CENTER (PHASE II) its Duly Authorized Agent TIMBER LANE MEDICAL CENTER AREA ASSOCIATION, INC. Its Duly Authorized Agent 2 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At in said county and state this day of , 199_, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center (Phase I), and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase I). Before me, STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Notary Public At in said county and state this day of , 199, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center (Phase II), and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center (Phase II). Before me, STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Notary Public At in said county and state this day of 199_, personally appeared , in his/her capacity as duly authorized agent for Timber Lane Medical Center Area Association, Inc., and he/she acknowledged this instrument, by her sealed and subscribed, to be his/her free act and deed and the free act and deed of Timber Lane Medical Center Area Association, Inc. Before me, P:A3768\2\Notice of Condition. 981229.src.doc Notary Public f PAUL, FRANK & COLLINS, INC. ATTORNEYS AT LAW Peter M. Collins John T. Sartore (NY) ONE CHURCH STREET B. Michael Frye Alan D. Port P.O. BOX 1307 Robert G. Cain (NIA S. Crocker Bennett, II BURLINGTON, VERMONT 05402-1307 Robert S. DiPahna Stephen J. Soule (NH) E. Haefner ai Gl TELEPHONE (802) 658-2311 Stephanie J. Mapes Kenneth R. Appleby (DC, MD) TELECOPIER (802) 658-0042 Stephen G. Norten Elizabeth J. Grant (MA) Christopher McVeigh (NE, NY) John H. Draper, IV Jan E. Bernasconi (MA) David Borsykowsky (NY) William Alexander Fead (NJ) December 29, 1998 Mr. Joe Wyeth, City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Re: Timber Lane Medical Center/Subdivision/PUD Approval Dear Joe: Matthew E.C. Pifer William D. Riley Mark G. Hall David J. Spiehnan Bess Messerman Okum (OH) Frank V. Petrosino Kevin L. Kite R. Allan Paul Joseph E. Frank Robert J. Grenier (MA) OF COUNSEL At your request, I have enclosed a Notice of Conditions of Approval in connection with the two lot subdivision for Timber Lane Medical Center. Please let me know as soon as possible if this document is acceptable to the City, so that I can instruct my clients to have it executed and presented to the City at the next Planning Commission hearing. I await your advice. & COLLINS, INC. PMC:src PA3768\2U,tr\W yeth.981229. src. doc Enclosure cc: Ms. Alden Cody (with enclosure) Douglas K. Riley, Esq. (with enclosure) CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 March 11, 1999 Alden Cody Business Manager 100 West Canal Street, Unit #40 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35-56 Timber Lane Dear Ms. Cody: Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on February 23, 1999 (effective 3/9/99). Please note the conditions of approval including the requirement that the final plat plans be recorded within 90 days (6/7/99). If you have any questions, please give me a call. rely, J eith, Director Planning and Zoning JW/mcp 1 Encl CITY OF SOUTH BURLINGTON Subdivision Application --SKETCH PLAN 1) Name, address, and phone number of Owner of Record: TIMBER LANE MEDICAL CENTER PHASE I ASSN., INC. and TIMBER LANE MEDICAL CENTER PHASE II ASSN., INC. Applicant: (SAME AS ABOVE) C. Contact: ALDEN CODY, BUSINESS MANAGER 100 West Canal Street, Unit 40, Winooski VT 05404 PHONE 802 655 7331 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels, and proposed use(s). purpose: TO DIVIDE MEDICAL OFFICE CONDOMINIUM INTO TWO ENTITIES, EACH UNDER SEPARATE OWNERSHIP. location: 35 - 56 TIMBER LANE, SO.BURLINGTON. PHASE I HAS 6 UNITS and PHASE II HAS 11 UNITS. use: MEDICAL OFFICES. 3) Applicant's legal interest in the property: FEE SIMPLE 4) Names of owners of record of all contiguous properties: WOODLAND PROPERTIES (TIMBER LANE DENTAL), BRIARWOOD ESTATES CONDOMINIUM ASSOC., CPA PARTNERSHIP c/o DANIEL O'BRIEN, and RALPH GOODRICH 5) Type of existing or proposed encumbrances on property, such as easements, covenants, leases, rights of way, etc. COMMON DRIVEWAY, UTILITY EASEMENTS, SETBACK COVENANT, PROTECTIVE COVENANTS, CONDOMINIUM DECLARATIONS. 6) Proposed extension, relocation, or modification of municipal facilities such as sanitary sewer, water supply, streets. storm drainage, etc. ALL ARE IN PLACE NOW; SEE PLAN. 7) Describe any previous actions taken by the Zoning Board of Adjustment, or by the So.Burlington Planning Commission which affect the proposed subdivision, and include the dates of such actions: SITE PLAN APPROVALS 9/12/72 and 10/24/72 8) Submit five copies and one reduced copy of a sketch plan showing the following information: a) Name and address of the owner of record and applicant. b) Names of owners of record of contiguous properties. c) Date, true north arrow, and scale (numerical & graphic). d) Boundaries and area of: 1) All contiguous land belonging to owners of record, and 2) proposed subdivision. e) Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f) Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g) Existing zoning boundaries. h) Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i) Location of existing septic systems and wells. j) Location map showing relation of proposed subdivision to adjacent property and surrounding area. k) All applicable information required for a site plan, as provided in the So.Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or planned residential development. Alden Cody (Signature) applicant or contact person Date 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, February 23, 1999, at 7:30 P.M. to consider the following: 1) Preliminary plat application of John Larkin, Inc. to amend a planned unit development consisting of a 200 room hotel and restaurant, 1720 Shelburne Road. The amendment consists of constructing a 4-story, 60 room hotel in a separate building. 2) Final plat application of William and Nancy Jacobus, and Christopher and Janet Bishop, to amend a planned residential development consisting of 97 multi -family units and 45 single family units, Bay Crest Road. The amendment consists of adjusting the property line between two (2) developed lots, 9 and 11 Bay Crest Road. 3) Final plat application of Timberlane Medical Center to subdivide a 6.03 acre parcel developed with a medical office building into two (2) lots of 4.0 acres and 2.03 acres, and thereby create a planned unit development, 35-55 Timber Lane. 4) Final plat application of Highlands Development Company, LLC & JAM GOLF, LLC to amend a planned residential development consisting of 244 residential units and an 18 hole golf course, Dorset Street. The amendment consists of relocating a mail box tum-out from Golf Course Road to Park Road. Copies of the applications are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission February 6, 1999 CITY OF SOUTH BUR,LINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February, 25, 1999 Alden 04 Business Manager 100 West Canal Street, Unit t# 40 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35 - 56 Timber Lane Dear Ms. Cody: Enclosed is a copy of the January 12, l999 Planning Commission meeting minutes. If you have any questions, please give me a call. S nc rely, Joe eith, Director PI ing & Zoning JW mcp l F,ncl d`I ; PLANNING COMMISSION 12 JANUARY 1999 The South Burlington Planning Commission held a regular meeting on Tuesday, 12 January 1999, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: Bill Burgess, Chair; John Dinklage, Gayle Barone, Dan O'Rourke, Marcel Beaudin, Roger Farley Also Present: Joe Weith, Director of Planning & Zoning; Alden Cody, Glenn Martin, Neil Wheelwright, Lance Llewellyn, John Larkin, Dave Kleh, William Jacobus, Ann Irish, Charlotte Datson, Don Irish, Bernard Clairmont, Lou Bresee, Harry Davison, Mike Skinner 1. Other Business: Mr. Weith advised that the City Council adopted the design review overlay district and the amendment to the Sign Ordinance. They also passed a resolution to for a Design Review Committee. Until that committee is formed, the Planning Commission will act as Design Review Committee. 2. Review Minutes of 18 August, 24 November, and 15 December: Mr. Dinklage noted that he had been present for the 18 August meeting. Ms. Barone moved to approve the Minutes of 18 August as amended. Mr. Dinklage seconded. Motion passed unanimously. Mr. Dinklage moved to approve the Minutes of 24 November as written. Ms. Barone seconded. Motion passed unanimously. It was noted that Mr. Burgess had been present and served as Chair for the meeting of 15 December. Mr. O'Rourke moved to approve the Minutes of 15 December as amended. Ms. Barone seconded. Motion passed unanimously. 3. Sketch plan application of Timberlane Medical Center, Phases I & II Associations to subdivide a 6.03 acre parcel developed with a medical office building into two lots of 4.0 acres and 2.03 acres, 35-55 Timberlane: Ms. Cory said the property is maintained in two parts. They had not been aware they needed a subdivision because the two buildings are on the same lot. 1 PLANNING COMMISSION 12 JANUARY 1998 Mr. Weith showed the properties on the plan. He said the applicant subdivided the land into two fee simple lots and weren't aware they had to come for approval to do this. Mr. Dinklage asked if this subdivision would allow the applicant to do anything they couldn't otherwise do with the property. Mr. Weith said no. Mr. O'Rourke asked if some outstanding issues had been addressed. Mr. Weith said they had. A new survey was done. Parking is OK. No other issues were raised. 4. Sketch Plan Application of William & Nancy Jacobus and Christopher & Janet Bishop to amend a previously approved planned residential development for a boundary line adjustment between two developed lots, 9 & 11 Bay Crest Road: Mr. Wheelwright said they are correcting an error. When the lots were built on, the boundaries were recorded wrong. The boundaries have to be made official. A variance has been obtained from the Zoning Board for the 3 inch setback issue on the Jacobus lot. No issues were raised. 5. Sketch Plan Application of Frank Irish to subdivide a 38.3 acre parcel into three lots of 5.6 acres, 6.0 acres, and 26.7 acres, 200 Allen Road: Mr. O'Rourke stepped down during this application due to a conflict of interest. Mr. Martin explained that Mr. Irish is an elderly man who has lived in the farmhouse all of his life. Due to poor health and property taxes, he needs to sell some of the property. He will keep the pieces with the home and farmstand. John Larkin is buying the remainder and will have right of first refusal on the other two pieces. Mr. Burgess asked how the Commission could get around the 10 acre agricultural land minimum for the farm and farmstand lots. Mr. Martin said he hadn't been aware of this. Mr. Dinklage asked about the rec path location. Mr. Martin said it would be part of the Larkin plan when he has a development laid out. Mr. Weith said Mr. Larkin is aware of this. Mr. Martin said Mr. Larkin is also aware of the parkland the city wants to add to. Mr. Burgess noted there was also a stipulation that any further development on that lot would require a road to be built to city standards. Mr. Martin said Mr. Larkin knows this. E 4 c DR*T15 94 Oh O YI 2/23/99 MOTION OF APPROVAL TIMBERLANE MEDICAL CENTER PHASE I & II ASSOCIATIONS I move the South Burlington Planning Commission approve the final plat application of Timberlane Medical Center to subdivide a 6.03 area parcel developed with a medical office building into two (2) lots of4.0 acres and 2.03 acres, and thereby create a planned unit development, 35-55 Timber Lane, as depicted on a plat entitled, "Timber Lane Medical Center Timber Lane, South Burlington, VT.," dated 10/4/98, last revised on 1 1/11/98, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. Pursuant to Section 10.404 of the South Burlington zoning regulations, the Planning Commission modifies lot frontage, setbacks, and coverage requirements for lots I & 11. 3. Prior to recording the final plat plan, the applicant shall record a "Notice of Condition' approved by the City Attorney which states that for zoning and subdivision purposes this property shall be treated as a planned unit development and that both lots shall be treated as one (1) lot. 4. Any change to the final plat plan shall require approval by the South Burlington Planning Commission. 5. The final plat plan shall be recorded in the land records within 90 days or this approval is null and void. The plan shall be signed by the Planning Commission Chair or Clerk prior to recording. Prior to recording the final plat plan, the applicant shall submit a copy of the survey plat in digital format. The format of the digital information shall require approval of the Director of Planning & Zoning. Memorandum - Planning February 23, 1999 agenda items 4) TIMBERLANE MEDICAL CENTER PHASE I & If ASSOCIATIONS — 2 LOT SUBDIVISION - FINAL PLAT This project consists of subdividing a 6.03 acre parcel developed with a medical office building into two (2) lots of 4.0 acres and 2.03 acres. This project will be treated as planned unit development due to the new property line dividing the existing building into two (2) parts. A sketch plan for this same request was held on 3/24/98 but final plat approval was never requested. The most recent sketch plan was reviewed on 1/12/99 (minutes enclosed). This property located at 35-55 Timber Lane lies within the R7 District. It is bounded on the north by Kennedy Drive, on the west by Timber Lane, on the south by a medical office building, and on the east by a contractor's yard and an elderly housing facility. Lot merger: The subdivision of this property as proposed creates several problems with setbacks, access, lot frontage, parking, coverage's, etc. Under Section 10.404 of the zoning regulations the Planning Commission can waive these issues under a PUD. Staff recommends that these issues be resolved by recording a "Notice of Condition" which states that for zoning and subdivision purposes that these two (2) lots shall be treated as one (I ) lot. Access: This property is served by two (2) curb cuts on Timber Lane. Both of these curb cuts serve lot I. Lot II has no direct access to Timber Lane. Lot I provides access to the property to the south. The easement which provides this access is noted on the plan. Coverage/setbacks: Lot coverage information was submitted for the lot prior to subdivision. Building coverage is 18.7% (maximum allowed is 25%). Overall coverage is 40.6% (maximum allowed is 60%). Coverage information for each lot was not submitted. The recording of the "Notice of Condition" will eliminate any noncompliance resulting from the subdivision. Setback requirements are not being met. The proposed property line will split the existing building into (2) parts. The Planning Commission may modify the setback requirements under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition" will result in this lot being treated as one (1) lot. Lot size/frontage: Both lots meet the minimum lot size requirement of 40,000 square feet. Lot II does not meet the minimum frontage requirement of 120 feet. The Planning Commission may modify the frontage requirement under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition" will result in both lots being treated as one (1) lot. 2 Memorandum - Planning February 23, 1999 agenda items Other — the applicant will be required to provide the final survey plat on disk the approval of this subdivision as a planned unit development (PUD) will result in any future additions and alterations of the property to be treated as a PUD and not as a site plan. 5) JOHN P. LARKIN INC. - 60 ROOM HOTEL - PRELIMINARY PLAT This project consist of amending a previously approved planned unit development for a 200 room hotel and restaurant. The amendment consists of the construction of a 51,232 square foot 4- story 60 room hotel. The sketch plan was reviewed on 6/23/98 (minutes enclosed). This property located at 1720 Shelburne Road lies within the C2 and C.O. Districts and the Bartlett Brook Watershed Protection Overlay District. It is bounded on the north by a motel, undeveloped property and a City park/natural area, on the east by multi -family units, on the south by Harbor View Road, and on the west by Shelburne Road. The property on which this motel is proposed is City owned property which the City has agreed to swap with the applicant for other lands on Keari Lane. This land swap must be completed prior to the final plat hearing. Access/circulation: Access is provided by a 34 foot curb cut on Shelburne Road and a 30 foot curb cut on Harbor View Road. No changes proposed. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 10.6% (maximum allowed is 30%). Overall coverage is 37.9% (maximum allowed is 70%). Front yard coverage is 47.7% (maximum allowed is 30%). Front yard coverage is an existing situation which will not be made worse by this application. Setback requirements are met. Parkin: On 9/27/94 the Planning Commission approved a total of 247 spaces and an additional 24 spaces to be constructed at a future date if determined to be necessary for the existing 200 room hotel and restaurant. The parking study reviewed on 7/26/94 showed that the highest count taken was 207 cars. This is 40 spaces or 16% more than is apparently needed. A total of 66 additional spaces are required for the new hotel and the landscape plan shows 62 spaces and the engineering plan shows 60 spaces. The final plat plans should all show the same number of spaces. The applicant should be 3 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 19, 1999 Alden Cody Business Manager 100 West Canal Street, Unit #40 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35-56 Timber Lane Dear Ms. Cody: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, February 23, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sinc krely,Joe ,irector Planning & Zoning JW/mcp 9739(1)S: In the town of Eden on Vt Route 118 at " " 11 97-B King Street statlon 0+012.87 (mm Burlington, VT 05401 0.008) and extending JACQUELYN COLEMAN north for a distance of 313-3rd Street 10708.58 meters to star Greenville, MS 38701 tion 0+965.61 (mm DAVID SORDIFF 0.600) in the town of 82 North Street Belvidere. Burlington, VT 05401 AYUMIKAMIDOZONO CONSTRUCTION 1-18 Sakuradani BEING: Cold planing, Kamikazan resurfacing, pavement Yamashinaku markings, guardrail and Koyota 607, Japan other related items. KAREN KHOURI Plans and Bid Proposal may be seen and o tamed at the Agency o Transportabort, ontpel ier, VT and may be see at the office of J.A Bushey, District Trans portation Administrato #8, St Albans, Vermont Minimum wage rate predetermined by th Secretary of Labor fo the project are set out i the advertised specifica- tions and bid proposals, and such rates are a pa of the Contract covering the project in accordance with Section 115 of the Federal -Aid Highway Act of 1956. This Contract is subject to the Work Hours Act of 1962, PL 87-581, and implement- ing regulations. Contrac- tors must perform Is work under the F La- bor Standards A (Fed- eral Wage -Hour l aw) as well as all oth applic- able labor la s. Min- imum labor truck rates have prede- termined by State Transportatio Board and are set out the Bid Proposal. Co tractors bidding on this project must be quali 'ed in accordance wi the Agency Regulation The Vermont Agency of Transportation hereby notifies all bidders that it will affirmatively insure that in any contract en- tered into pursuant to this advertisement, mi- nority business enter- prises wig be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in consid- eration for an award. The right is reserved to reject any or all bids, to waive any formality and any and all technicalities in bids and to accept such Did as may be deemed in the best interest of the awarding agency. ebruary 3 & 6, 1999 URLINGTON down- town, 3 rooms. park - No pets. $480 & - 00. Irct. heat. 355-3728 or 864-6825 part NOTICE OF SELF -STORAGE LIEN SALE EXTRA SPACE STORAGE RENTALS, LLC. 5 WILLISTON ROAD, VILLISTON, VT 05495 Notice is hereby given gat the contents of the elf -storage units listed 21 Dufresne Dr. s Winooski, VT 05404 REOINTREST f RICHARD OLSEN 70 Chestnut St. n Weston, MA 02193 ULTRAVIEW HOME IMPROVEMENT r LUKE TROMBLEY 8 Cardinal Lane s Essex, VT 05452 e NICK MCCOLLUM r C/O 210 LaFountain St. n Winooski, VT 05404 WILLIAM RINGWING 20 Pioneer Street Essex Jet., VT 05452 TRACYLEE PAQUETTE 181 Kirby Rd. So. Burlington, VT 05403 BARBARA POIRIER 185 Elmwood Ave Burlington, VT 05401 JUNG IL LEE K4 urlington, VT 05403 CATHERINE BESSETTE 36 LaFountain Street Burlington, VT 05401 February 6 & 13, 1999 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, February 23, 1999, at 7:30 P.M. to consider the following: 1) Preliminary plat ap- plication of John Larkin, Inc. to amend a planned unit development consis- ting of a 200 room hotel and restaurant, 1720 Shelburne Road. The amendment consists of constructing a 4-story, 60 room hotel in a sepa- rate building. 2) Final plat applica- tion of William and Nancy Jacobus, and Christo- pher and Janet Bishop, to amend a planned resi- dential development con- sisting of 97 multi -family units and 45 single family units, Bay Crest Road. The amendment consists of adjusting the property line between two (2) de- veloped lots, 9 and 11 Bayy Crest Road. 3) Final plat applica- tion of Timbertane Med- ical Center to subdivide a 6.03 acre parcel devel- oped with a medical of- fice building into two (2) lots of 4.0 acres and 2.03 acres, and thereby create a planned unit de- velopment, 35-55 Timber Lane. 4) Final plat applica- tion of Highlands Devel- opment Company, LLC & JAM GOLF, LLC to Airport Drive. a ou Richard Ward tng Administrative er February 6, 1999 The Fletcher Free Library in the City of Burlington is planning to add steel shelving. Inter- ested suppliers/installers may pick up bid docu- ments from Anita Dani- gelis at Fletcher Free Li- brarryy on or after Feb. 11, 1999. Bids are due on Friday, Feb. 26, 1999 at 3:30 p.m. Direct all ques- tions to Bob Duncan, Duncan-Wisniewski Ar- chitecture. Burfinggton, VT (802) 864-6693. February 5, 6, 7. 1999 f-ax resume to Jim at (802)864-3045. Accounting ASSISTANT CONTROLLER TV station needs experi- enced accountant to as- sist controller with main- frame general ledger maintenance. Proficient in Excel and accounting de- gree required. Send re- sume to: Assistant Con- troller Search, WPTZTV, 5 Television Dr., Platts- bu , N.Y.12901. EDE. MIIAsTRATIvE ASSISTANT P contract position at IB 20 - 30 hrs./wk. �Lo experience a plus d iling. Fax resume to 'A) 985-6772 or mail to TRS, PO Box 566, Marlton. NJ 08053. 3147 ci call 877-6756 to schedule an interview. INSTRATIVE RVICESt Sc.. t requires well -or- ganized, self -motivated person to fill the position of Registrar for the St. Albans area. Must pos- sess University degree and good oral & written communication skills. Please call David Astrof at 1-800-435-5338. ALL -SEASON otHLO NOS & GROUNDS MAINTENANCE Minimum 1 yr. experi- ence. mechanical apti- tude, clean driving re- cord, ability to work well with little supervision Send resume and salary requirements to Free Press Box # 189 by 2/21. BILLIl*'G CLERK If you have a mina ing in an accountii superior customer s tunity to join our 4 ith basic data en( Eccellent benefits r d cover letter/ r R ources Director lege St. , Burlin e full-time opening 1 of two years' experience work- ,r billing environment as well as ce skills, we offer a great oppor- unting Department. Experience .nd 10- key calculator required. e to: Barbara J. Ross, Human e Burlington Free Press, 191 VT 05401. The Btnf 9ton Free o u an Equal Opporno,tt, E udue din--s ' at 0-9 our and rrcognge titer mess de' an f.,*V an rnaarorvna¢ tulxre aU empov. can carttribute m dtar fdiar poros ®Ai EST New England Air,' Mechanical C.ontrr Vermont and neic expanding our est Looking for exper with individuals w assisted estimatic trade background to train successful We offer very coml fits package indu insurance, 401(k) plan along with an cations will be kept please submit rest. New E i is a Full Service Design/Build ;ruing a wide base of clients in g states, and we are currently 1 department. design/build estimator, along erience performinlg computer eys and material take -offs. A be helpful, but we are willing wages and an excellent bene- nedical/dental insurance, life id match, in-house incentive se training program. All appli- lidence, interested candidates Air Systems, Inc. ice Box 525 I, VT 05495 'DE Watch your business grow. Advertise in ow daily "Services" Di- rectory. Call 658-3321 or 1 800 427-312s. ARCHITECT Wanted to work on com- mercial and residential projects. Autocad exper. req. Send resume to: Ernest Ruskey R&K Assoc. P.O. Box 1191 Stowe, VT 05672. Assistant Manager/ Cashiers 1800 Williston Rd. Full time. Nights, week- ends. Call Jeff 864-1519 ext 344 up an applir M Immedia commerr erties loc Respons electrical exterior mainten, Must ha license. person tc South Bl FA802 (Alburg, Grand We, Isle Lamar Thu >uperviwn union, cum�w,sed of fire cu, uve and experienced adminis=to: to pnndd, Candidates should possess strong cullahorau, Bible for, a Vermont Sutxrintendent's license. been estahlished f,r the 1x ition with contlxt July 1, 1999. Send letter of interest, resume, .� of currant certificate. Sulxrintendent tie Grand Isle Sulx 50;8 US North I lero, l'c Applications will be accepted until iti.,n i. i Our Circulation District Sales Manag responsible for home delivery of The tract adult carriers, ensure excellent paper subscriptions within an assign( This is an entry-level position in new work independently with considerabl have a valid driver's license and a re; ty insurance. Compensation includes salary, mont ance, mileage reimbursement and an Send cover letter/resume to: Barbara J. Ross, Human :The Burlington 19.1 Cone& Bulftington, VT r a� •w� NEW1 NEW CIri'Y OF SOUTH BURLING't'ON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 February 1, 1999 Alden Cody Business Manager 100 West Canal Street, Unit 940 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35-56 limber Lane Dear Ms. Cody: Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and'or revised plans, if appropriate, no later than Friday, February 12, 1999. !f you have any questions, please give me a call. Sincere , Raymond J. Belair, Zoning and Planning Assistant R.IB"mcp Encl s Preliminary comments February 23, 1999 agenda items February 1, 1999 Page 2 TIMBERLANE MEDICAL CENTER PHASE I & II ASSOCIATIONS- 2 LOT SUBDIVISION - FINAL PLAT plat submitted is acceptable MEMORANDUM To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: February 23, 1999 agenda items Date: January 29, 1999 STAYBRIDGE SUITES - BARTLETT PROPERTY - SHELBURNE ROAD 1) The proposed 25 space parking lot near the easterly line should include a drain pipe under it to intercept the road ditch instead of surface drain across it. 2) The adequacy of the water supply for fire protection should be checked with City Water Department at Champlain Water District. 3) An easement should be given the City for storm water pipes that encroach upon the property for maintenance of these pipes if they drain City streets. BARTLETT PROPERTY - LOTS 28 & 29 - BAY CREST ROAD Plot plan prepared by Krebs & Lansing dated 8/30/93 is acceptable. TIMBER LANE MEDICAL CENTER - TIMBER LANE Plot plan prepared by Trudell Engineering dated 10/4/98 is acceptable. 3 MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: February 23, 1999 agenda items Date: January 29, 1999 2) 3) John Larkin, Inc. 1720 Shelburne Road Dated 12/23/98 This building should have sprinklers, stand pipes and alarms. We are concerned about access to this building through the parking lot. Jacobus & Bishop Dated 1/25/99 9 & 11 Bay Crest Road Acceptable Timber Lane Medical Center Dated 1/25/99 35-55 Timber Lane Acceptable CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT 1 ) Name of Applicant ; lXlgk7/C C✓iiZ��"�if�. : C� �� " �-�7��c� d�G 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 plot designer since preliminary plat application N� 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: S) Submit five copies and one reduced copy (11 x 17) of a final plat plus engineering drawings and cpntaining 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. (D,1S Wzf) 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 To: South Burlington Planning Commission From: Joe Weith, Director of Planning and Zoning Re: January 12, 1999 Agenda Items Date: January 8, 1999 3) TIMBERLANE MEDICAL CENTER PHASE I & II ASSOCIATIONS — 2 LOT SUBDIVISION - SKETCH PLAN This project consists of subdividing a 6.03 acre parcel developed with a medical office building into two (2) lots of4.0 acres and 2.03 acres. This project will be treated as planned unit development due to the new property line dividing the existing building into two (2) parts. A sketch plan for this same request was held on 3/12/98 (minutes enclosed) but final plat approval was never requested. This property located at 35-55 Timber Lane lies within the R7 District. It is bounded on the north by Kennedy Drive, on the west by Timber Lane, on the south by a medical office building, and on the east by a contractor's yard and an elderly housing facility. Lot merger: The subdivision of this property as proposed creates several problems with setbacks, access, lot frontage, parking, coverage's, etc. Under Section 10.404 of the zoning regulations the Planning Commission can waive these issues under a PUD. Staff recommends that these issues be resolved by recording a "Notice of Condition" which states that for zoning and subdivision purposes that these two (2) lots shall be treated as one (1) lot. Access: This property is served by two (2) curb cuts on Timber Lane. Both of these curb cuts serve lot I. Lot II has no direct access to Timber Lane. Lot I provides access to the property to the south. The easement which provides this access is noted on the plan but the shading used to show the limits of the easement is very faint. The final plat plan should show this easement more clearly. Coverage/setbacks: Lot coverage information was submitted for the lot prior to subdivision. Building coverage is 18.7% (maximum allowed is 25%). Overall coverage is 40.6% (maximum allowed is 60%). Coverage information for each lot was not submitted. The recording of the "Notice of Condition" will eliminate any noncompliance resulting from the subdivision. Memorandum - Planning January 12, 1999 agenda items January 8, 1999 Page 2 Setback requirements are not being met. The proposed property line will split the existing building into (2) parts. The Planning Commission may modify the setback requirements under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition' will result in this lot being treated as one (1) lot. Lot size/frontage: Both lots meet the minimum lot size requirement of 40,000 square feet. Lot II does not meet the minimum frontage requirement of 120 feet. The Planning Commission may modify the frontage requirement under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition' will result in both lots being treated as one (1) lot. Other: ---- the applicant will be required to provide the final survey plat on disk. ---- the approval of this subdivision as a planned unit development (PUD) will result in any future additions and alterations of the property to be treated as a PUD and not as a site plan. 4) JOCOBUS & BISHOP — BOUNDARY LINE ADJUSTMENT — SKETCH PLAN This project consists of amending a previously approved planned residential development for a boundary line adjustment between two (2) developed lots. The Zoning Board of Adjustment on 12/28/98 granted a variance from the side yard setback requirement for the dwelling on lot #28. These properties located at 9 Bay Crest Road. (lot #29) and 11 Bay Crest Road. (lot #28) lie within the R2 District. They are bounded on the north, east and west by residences and on the south by Bay Crest Road. Access: Each lot has a curb cut on Bay Crest Road. No changes proposed. Lot size/frontage: The minimum lot size requirement is currently 19,000 square feet. The proposal is to reduce the size of lot #29 from 16,877 square feet to 16,483 square feet and development The Planning Commission may approve this reduction in lot size under Section 8.404 of the zoning regulations. X PLANNING COMMISSION 24 MARCH 1998 page 5 "Proposed 2 Lot Subdivision Berard Drive South Burlington_ Vermont," prepared by Krebs & Lansing Consulting engineers, Inc., dated December 20, 1997, last revised 3/16/98, with the followinc stipulations. 1. All previous approvals and stipulations which are not super- seded by this approval shall remain in effect. 2. The plan shall be revised prior to final plat submittal as follows• a) The plan shall be revised to show the C.O. District/ wetland buffer (50 feet from the edge of the wetland) along all the wetlands on the property. b) The plan shall be revised to include adequate data to establish the 1,041.37 foot distance along the Winooski River which shall include tangents and curves. c) The plan shall be revised to show a r.o.w. easement over Lot A, in the vicinity of the GMP r.o.w., that will allow the owner of Lot B to access the northern portion of Lot B from Berard Drive. 3. The final plat submittal shall include a letter from the property owner indicating his approval to allow the applicants to act as his agent. 4. The final plat application shall be submitted within twelve months Ms. Barone seconded. Motion passed unanimously. Mr. Teeson rejoined the Commission. 9. Sketch plan application of Timber Lane Medical Center Condo Association, Inc., to subdivide a 6.03 acre parcel developed with a medical office building into two lots of 4.0 acres and 2.03 acres, 35-55 Timber Lane: Mr. Riley said this is a proposal in name only. There is no intent to sell any of the property. The developer sold condo units. Then the rest of the building was built and sold to different groups of people. These parcels need to be separated now. Mr. Weith noted the City will consider this as one development for all development purposes. Mr. Burgess said the applicants will have to file a document to that affect. PLANNING COMMISSION 24 March 1998 page 6 Mr. Weith noted he has asked that the footprint of the plan be updated. Mr. Riley said that will increase the cost, and he proposed using the version when the line was drawn. Mr. Weith did not recommend that as the Commission would be approving a plan that is inaccurate. There have been additions and the outline of the parking lot has changed. Mr. Burgess was also reluctant to do anything that doesn't show the current situation. Mr. Teeson agreed. Members agreed that they wanted something that accurately dipicts the location of buildings on the lot and the relation to the subdivision line. They were less concerned with the location of trees and parking. They also recommended showing sewer and water lines and identifying the lots as "l" and "2." 4. PUBLIC HEARING: Final Plat application of University Mall Realty Trust to amend an approval consisting of the following: 1) construct a 111,392 sq. ft. GLA addition to the main University Mall building, 2) construct a 990 space multi -level parking structure, and 3) acquire a 1.7 acre adjoining parcel, raze a single family dwelling and construct a 15,469 sq. ft. automotive center, University Mall, 155 Dorset Street. The amendment consists of 1) construct a 111,504 sq. ft. GLA addition to the main building, 2) construct a 983 space parking structure, 3) construct a 15,510 sq. ft. automotive center, and 4) modifications to parking, circulation and landscaping: Ms. Knox said the application would result in a slight reduction in overall GLA. She also showed the final location of dumpsters. The original plan showed 4 entrances to the parking structure, but this would have required leaving the structure to continue to look for parking. They have therefore opened the interior circulation and reduced the number of entrances to one on the east side. There were originally parking spaces right up to the building on the west side of Sears. There will now be a drive beside the sidewalk. This is felt to be safer. Several changes were made at the automotive center. There were originally 2 entrances from the Hilson lot. They felt this wouldn't work, and there is now only one. They have beefed up plantings along the interstate with fastgrowing poplars. The changes will result in a loss of 33 parking spaces overall. Mr. Burgess and other members were concerned with closing an 1 I CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 January 8, 1999 Alden Cody Business Manager 100 West Canal Street, Unit #40 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35 - 36 Timber Lane Dear Ms. Cody: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, January 12, 1999 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, oe Weith, v g� Director of Planning & Zoning JW/mcp Encls Memorandum - Planning March 24, 1998 agenda items March 20, 1998 Page 6 9) TIMBER LANE MEDICAL CENTER CONDOMINIUM ASSOCIATION INC. - 2 LOT SUBDIVISION SKETCH PLAN This project consists of subdividing a 6.03 acre parcel developed with a medical office building into two (2) lots of 4.0 acres and 2.03 acres. This project will be treated as a planned unit development due to the new property line dividing the existing building into two (2) parts. This property located at 35-55 Timber Lane lies within the R7 District. It is bounded on the north by Kennedy Drive, on the west by Timber Lane, on the south by a medical office building, and on the east by a contractor's yard and an elderly housing facility. Lot merger: The subdivision of this property as proposed creates several problems with setbacks, access, lot frontage, parking, coverages, etc. Under Section 10.404 of the zoning regulations the Planning Commission can waive these issues under a PUD. Staff recommends that these issues be resolved by recording a "Notice of Condition" which states that for zoning and subdivision purposes that these two (2) lots shall be treated as one (1) lot. Access: This property is served by two (2) curb cuts on Timber Lane. Both of these curb cuts serve the phase II lot. The phase II lot has no direct access to Timber Lane. The phase I lot provides access to the property to the south. The easement which provides this access should be extended to the east at least 110 feet to the drive which accesses the southerly property. Coverage/setbacks: Coverage information for each lot was not submitted. The recording of the "Notice of Condition" will eliminate any noncompliance resulting from the subdivision. Setback requirements are not being met. The proposed property line will split the existing building into (2) parts. The Planning Commission may modify the setback requirements under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition" will result in this lot being treated as one (1) lot. Lot size/frontage: Both lots meet the minimum lot size requirement of 40,000 square feet. The phase II lot does not meet the minimum frontage requirement of 120 feet. The Planning Commission may modify the frontage requirement under Section 10.404 of the zoning regulations. In addition, the recording of the "Notice of Condition" will result in both lots being treated as one (1) lot. n Memorandum - Planning March 24, 1998 agenda items March 20, 1998 Page 7 Other: — the plan should be revised to update the building footprints (two (2) additions were built in 1997). — the plan should be revised to show the location and size of existing water and sewer lines. — the "Certification for Site Plan/Condominiums" note should be removed unless needed by the applicant. — the plan should be revised to identify the lots as Lot #1 and Lot #2, not phases. — the applicant will be required to provide the final survey plat on disk. — the approval of this subdivision as a planned unit development (PUD) will result in any future additions and alterations of the property to be treated as a PUD and not as a site plan. 10) PROPOSED ZONING AMENDMENT - Cl - AUTO SALES ZONE Enclosed is the proposed amendment to establish an automobile sales subzone in the C 1 District along Shelburne Road. This amendment was approved by the Planning Commission in January and forwarded to the Council. The Council reviewed the amendment a couple of weeks ago. They expressed concern about opening up the east side of Shelburne Road to auto sales uses. The east side of Shelburne Road abuts the residential neighborhood of Laurel Hill South. The Council sent the amendment back to the Commission for further consideration. One alternative to lessen the potential impact on the neighborhood would be to redraw the boundaries of the auto sales subzone (see Exhibit C enclosed). This redrawn district would involve properties and acres of land. Based on earlier discussions with the City Attorney, this number of properties and amount of acreage should still be enough to satisfy any concerns regarding spot zoning. The Council also asked that all adjoining residential property owners be notified. 7 City of Soot o 575 0OFAU ST�tEET SOUTH BURLINGTON, VERMONT 05403 FAX (802) 658-4748 PLANNING i802)558-7955 December 23, 1998 Alden Cody Business Manager 100 West Canal Street, Unit #40 Winooski, Vermont 05404 Re: 2 Lot Subdivision, 35 - 56 Timber Lane Dear Ms. Cody: ZONING ,802)558-795d Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information andlor revised plans, if appropriate, no later than Monday, January 4, 1999. If you have any questions, please give me a call. Sincere Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls MEMORANDUM To: Applicants/Project Filil V From: Raymond J. Belai , Poning & Planning Assistant Re: Preliminary comments, January 12, 1998 agenda items Date: December 23, 1998 YING LIU - 1 I UNIT PRD - PRELIMINARY PLAT the perimeter survey plat must be submitted by Wednesday, December 23, 1998 to retain a spot on the 1 / 12/99 agenda. buildings should be numbered. the building closest to Hinesburg Road does not meet the 57 foot front yard setback requirement (see Section 25.101 of the zoning regulations). a total of 25 parking spaces are required, these spaces should be shown. bike rack should be provided. provide details (cut -sheets) for all building mounted lights. the applicant should be aware that this project will be subject to road, school and recreation impact fees. applicant should submit a report addressing the PUD/PRD criteria under Section 26.151 of the zoning regulations. access to the 11 units in this development plus the triplex and single family dwelling to the north of this development would be via a private road from Hinesburg Road. Section 40 1. 1 (k)(1)(b) of the subdivision regulations allows the Planning Commission to approve a private roadway when the proposed roadway has a single access on a public street and serves no more than 10 units or has two (2) points of access and serves no more than 20 units. Since the proposed private roadway serves 15 units and has only one (1) access the Commission could either require a public street, or make a determination that 15 units served by one private roadway access will not have an adverse effect on the public good and welfare of the community. TIMBERLANE MEDICAL CENTER PHASE I & II ASSOCIATIONS - 2 LOT SUBDIVISION - SKETCH PLAN plan submitted is acceptable. 1 Memorandum - Planning January 12, 1998 agenda items December 18, 1998 Page 2 AUTOBAHN BODY WORKS INC. - STORAGE SPACES - BERARD DRIVE Site plan prepared by Lance Llewellyn, Inc. dated December, 1998 is acceptable. BARTLETT PROPERTY - LOTS 28 & 29 LOT LINE ADJUSTMENT Site plan prepared by Krebs & Lansing dated 8/30/93 with revisions dated 11/23/98 is acceptable. TIMBERLANE MEDICAL CENTER - TWO LOT SUBDIVISION Subdivision plan prepared by Trudell Engineers dated 10/4/98 is acceptable. 2 MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: January 12, 1999 agenda items Date: December 16, 1998 1) Ying Lui 311-315 Hinesburg Road These buildings should have residential sprinklers 2) Timber Lane Medical Center 35-56 Timber Lane Acceptable 3) Jacobus & Bishop 9 & 11 Bay Crest Road Acceptable 4) Pat & Terese Ayer 4 Berard Drive Acceptable 5) Frank Irish 200 Allen Road Acceptable Dated 11/30/98 Dated 12/8/98 Dated 12/9/98 Dated 12/ 11 /98 Dated 12/11/98 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658- 7955 May 12, 1998 Douglas Riley, Esquire Lisman & Lisman, PC P.O. Box 728 Burlington, Vermont 05401 Re: 2 Lot Subdivision, Timber Lane Dear Mr. Riley: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 24, 1998 Planning Commission meeting minutes. If you have any questions, please give me a call. Sin rely, 4-io� oe Weith, City Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 20, 1998 Douglas Riley, Esquire Lisman & Lisman, PC P.O. Box 728 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Timber Lane Dear Mr. Riley: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 24, 1998 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, j, dA,-, Joe Weith, �4 City Planner JW/mcp Encls - :�EGpoa� �-z•-rXJ c Sri �� L P6 -&� �v ,�e it ✓ts tug 4v-e- C-o� -4 - A, e, e� set�� KM /1 � z AA I U M 6 A WIN It 'r[NM[O r t_.•I �rwl ll�...w ORt YC ■ � f Ipt . tw • ` err 0 I I ter.._.. �, /.... I 1/ •s udl2AiA'L4 .. r.�e.rr+rrr m+r. rsr• OnstS 4 ss�fR.O wR c O mM--0p.yN w. y r .r err .M+ r ri.rt r r u r r sr.r.r rr�Ilaw //1� o.. gl — * S "OEM TIrR .Irr .PAR n.of .•aeRn fP.l.far ml.e wM nIf m � xr -•—W UK -P .TMf MN --�- MAM Ullr TYtr • FK4W r mania rOfALARE I C m ms n.t a rsP a s Twu R.nP ortn. ru.Pm, PPPS NP• P w RW O PIOfYTiP .6i4R6I t nS 1..11. aia11RP �.. stm•P. IT•siq ILL YTP P MARK QP. au r .� ivaRloP Itll/N • IJ.pICI.P[ I) NOT ti al.ln � A 10f10 t. N I. IQ N„M =1 O{ro N Tllo UA[ IWrLL �I� +. 1>t I. •r a w T )) �/dUL4ty �tilP•� t. IEt f O FEB City of So. Burlincjti'-' • a. I R I r a r A L[ R • w x r • +o o.r•M f•nrs _Ir•ar Tn rrr• osow is. •o,.nat I.•...••c CONDOMINIUM SITE PLAN I.nm Ia•xta= y TWER LANE MEDICAL CENTER I .+_ ..I« +ten.. .�.>+ .. rPa ulr, ••Ira •ust.1•Rrw. •T. ifvlralP «... u «.. •n•I+ T/UOELL CONSULTING ENGINEERS, Ise. —"—w-t nn'Ice O:� • ear.,q1v Lane 8ecy� Y.rQar11 A PK.rE. City CkA City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 3, 1998 Douglas Riley, Esquire Lisman & Lisman, PC P.O. Box 728 Burlington, Vermont 05402-0728 Re: 2 Lot Subdivision, Timber Lane Dear Mr. Riley: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer, William Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, March 13, 1998. If you have any questions, please give me a call. Sincerely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls MEMORANDUM To: Applicants/Project Files From: Raymond I Belau, Zoning & Planning Assistant Re: Preliminary Comments, March 24, 1998 agenda items Date: March 3, 1998 AMY SYLVESTER AVER -ILL - 2 LOT SUBDIVISION - SKETCH PLAN — plan should show zoning boundary line between the RI and R2 Districts. — plan notes should be corrected to note that the property being subdivided in South Burlington is in both the R1 and R2 Districts. — plan should include the name and address of the applicant. — plan should show any watercourses or wetlands located on the property. — plan should show the location of existing septic systems and wells or water lines. — this subdivision will be treated as a major subdivision as required under Section 26.202(a) of the zoning regulations. TIMBER LANE MEDICAL CENTER CONDOMINIUM ASSOCIATION INC - 2 LOT SUBDIVISION - SKETCH PLAN — the plan should be revised to update the building footprints (two (2) additions were built in 1997). — the plan should be revised to show the location and size of existing water and sewer lines. — the "Certification for Site Plan/Condominiums" note should be removed unless needed by the applicant. the plan should be revised to identify the lots as Lot #1 and Lot #2, not phases. —� the phase I lot provides access to the property to the south. The easement which provides this access should be extended to the east approximately 110 feet to the drive which accesses the southerly property. the phase II lot does not meet the 120 foot frontage requirement, and the new property line does not meet the setback requirements. The Planning Commission under Section 10.404 of the zoning regulations may modify the frontage and setback requirements. staff recommends that as part of the approval for this project, that the applicant record a "Notice of Condition" which states that for zoning and subdivision purposes, these two (2) lots shall be treated as one (1) lot. the applicant will be required to provide the final survey plat on disk. M E M O R A N D U M TO: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: March 24, 1998 Agenda Items Date: February 26, 1998 ALAN SYLVESTER - 2 LOT SUBDIVISION - SPEAR STREET The access easement for lot 2 should be 25 feet in width and the traveled way 20 feet in width to allow for two way traffic at least to where the drives separate. About 160 feet form Spear Street. TIMBERLANE MEDICAL CENTER - TIMBERLANE - KENNEDY DRIVE Subdivision site plan prepared by Trudell Engineering received February 20, 1998 is acceptable. SEARS EXPANSION - UNIVERSITY MALL - DORSET STREET City Water Department should receive a set of the record drawings. Plans received 2/18/98 prepared by Pinkham Engineering are acceptable. L&M PARK - SHELBURNE ROAD - PROPOSED 12 X 40 DECK Site plan prepared by R.H. Pete Associates received 2/18/98 is acceptable. MEMORANDUM To: South Burlington Planning Commission From: South Burlington Fire Department Re: March 24, 1998 agenda items Date: March 3, 1998 1) U-Mall Dorset Street Acceptable 2) Alan Sylvester 1985 Spear Street Acceptable 3) Cactus Pete's/The Rec Room 7 Fayette Road Acceptable 4) Alan Pidgeon Berard Drive Acceptable 5) Timber Lane Medical Center Timber Lane Acceptable 6) Paterson Builders, Inc. 316 Patchen Road Acceptable Dated 2/ 18/98 Dated 2/ 19/98 Dated 2/18/98 Dated 2/26/98 Dated 2/20/98 Dated 2/26/98 I CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN Name, address and phone number of: a. Owner of record: Timber Lane Medical Center Condominium Association. Inc. and Timber Lane Medical Center Phase II Condominium Association Inc. b. Applicant: Same Contact: 2. Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels and proposed use(s). Divide medical office condominium into two phases, each under separate ownership. Phase I = 6 units. Phase II = 11 units. 3. Applicant's legal interest in the property (fee simple, option, etc.). _ Fee simple. 4. Name of owners of record of all contiguous properties. Woodland Properties/Timberline Dental Group. Briarwood Estates Condominium Association, CPA Partnership c/o Daniel O'Brien, Ralph Goodrich 5. Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. Common driveway. utility easements setback covenant protective covenants, condominium declarations 6. Proposed extension, relocation or modification of municipal facilities such as sanitary sewer, water supply, streets, storm drainage, etc. existing: see plan 7. Describe any previous actions taken by the Zoning Board of Adjustment or by the South Burlington Planning Commission which affects the proposed subdivision, and include the dates of such actions: Site plan approvals, 9/12/72 and 10/24/72 8. Submit five copies and one reduced copy (8'/2 x 11, 8%Z x 14 or 11 x 17) of a Sketch plan showing the following information: a. Name and address of the owner of record and applicant. b. Name of owners of record of contiguous properties. C. Date, true north arrow and scale (numerical and graphic). d. Boundaries and area of. 1) all contiguous land belonging to owner of record, and 2) proposed subdivision. e. Existing and proposed layout of property lines; type and location of existing and proposed restrictions on land, such as easements and covenants. f. Type of, location, and size of existing and proposed streets, structures, utilities, and open space. g. Existing zoning boundaries. h. Existing water courses, wetlands, floodplains, wooded areas, ledge outcrops, and other natural features. i. Location of existing septic systems and wells. j. Location map, showing relation of proposed subdivision to adjacent property and surrounding area. k. All applicable information required for a site plan, as provided in the South Burlington Zoning Regulations, shall be submitted for subdivisions involving a commercial or industrial complex, multi -family project, planned unit development, or pla7d residential development. (Sgignature) Applicant or Contact S A21463\002\LEGAUSUBAPPRKB r "_ /$� j'Q9'59� Date CARL H. LISMAN ALLEN D. WEBSTER C.P.A. MARY G. KIRKPATRICK E. WILLIAM LECKERLING DOUGLAS K. RILEY RICHARD W. KOZLOWSKI JUDITH L. DILLON CHRISTINA A. JENSEN LISMAN & UsMAN A PROFESSIONAL CORPORATION ATTORNEYS AT LAW P. O. BOX 728 BURLINGTON. VERMONT 05402 802-864-5756 February 19, 1998 Mr. Ray Belair South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Timber Lane Medical Center Dear Mr. Belair: TELECOMER 802-864-3629 OFFICES IN FINANCIAL PLAZA AT 84 PINE STREET BURLINGTON, VERMONT LOUIS LISMAN BERNARD LISMAN MARK D. OET71NGER COUNSEL Enclosed please find a Subdivision Application - Sketch Plan, one reduced copy and five full-size copies of a sketch plan that we are submitting on behalf of the above applicant. Please call me if you have any questions. Thank you. ery truly yours, K. DKR:k enclosures S:\21463\002\LETTERS\BELA1R.RKB City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 December 3, 1997 Douglas K. Riley, Esquire Lisman & Lisman P.O. Box 728 Burlington, Vermont 05402 Re: Timberlane Medical Center Dear Mr. Riley: ZONING ADMINISTRATOR 658-7958 I have reviewed the information you faxed to me on 12/2/97 regarding the Timberlane Medical Center. I have researched the City's records and can find no evidence that the Planning Commission ever approved a property line between Phase I and Phase II. Therefore, subdivision approval will be necessary to subdivide this property. I am enclosing a sketch plan review application form for you to start the application process. Please submit this application and a set of plans when you are ready to start the process. If you have any questions, please feel free to contact me. Sincerer, Raymond J. Belair, Zoning and Planning Assistant RIB/mcp I Encl y�MNnV •�K� .. r „i'c„rrr�r� aru»srra 3liaru Yr� O�•-•.y w•O .ar•r yy .w uw s/•.♦Y� I•�.. PDV/• �� ZY.MI3R 3VY1 Yi9tt ...,_.r...rr..rr_ =r fMrw e rx -• w ar.w r.:�r u u. 't K. '1 fY•. awry rn al♦a • b Q . 't M'� wrrrouwa Fa�rU �ifF7/ '\i• faae�r • OC• M Po1.A 'r•JL �/ �1Rs• ra ra o••�u1F tl]rIIR M •awl sa a ru lorl.s ao.wu Luan.sllYf sY • • •o. a i.1. rr .••r M r7V t•`Y•• iis�f -r- tr r u w wr •r.. rrrr f.no.•a +• •-� rt �i ,ri•- 4 r+♦ '. r•�ti•snw � t State of Vermont Department of Fish and Wildlife Department of Forests, Parks and Recreation Department of Environmental Conservation State Geologist November 24, 1997 Thomas C. Bates, M.D., et al 52 Timberlane South Burlington VT 05403 AGENCY OF NATURAL RESOURCES Department of Environmental Conservation Wastewater Management Division Essex Junction Regional Office 111 West Street Essex Junction, VT 05452 (802) 879-5656 Subject: EC-4-2116 -- Boundary line adjustment for existing lots with Medical Complex, municipal water and sewer no inc. located on Timber Lane in South Burlington, Vermont Dear Applicant: We have received your application and fee paid by check 40027855 on November 13, 1997, which begins the 45 day in-house performance standards for our review. If we require further information from you to make a decision, the time until we receive it is not included in the in-house performance standards. If you have any questions about the review process, or if you have not received a decision on your application within the 45 in-house days, please contact this office at (802) 879-5656. We have forwarded your application to the Infonnation Specialist, who will send you a Project Review Sheet indicating other state departments you should contact about additional permits you may need. If you have not already done so, you should also check with town officials about any necessary town permits. Sincerely, CIWA't_� Ernestine Chevrier Secretary C City of South Burlington Planning Commission City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 15, 1997 Gary Smith 82 Hungerford Terrace Burlington, Vermont 05402 Re: Medical Office Addition, 54 Timber Lane Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the above referenced project approved by the Planning Commission on April 15, 1997. Please note the conditions of approval including the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. Sincerely, Y6 � e dI"Z? Joe Weith,/410 City Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 15, 1997 Gary Smith 82 Hungerford Terrace Burlington, Vermont 05401 Re: Medical Office Addition, 54 Timber Lane Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the April 15, 1997 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. Sincerely, Joe Weith k*/ City Planner JW/mcp 1 Enc1Z City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 15, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the February 25, 1997 Planning Commission meeting minutes. If you have any questions, please give me a call. Sincerely, Joe Weith,/'� City Planner JW/mcp 1 Encl PLANNING COMMISSION 25 FEBRUARY 1997 page 8 shared curb cut. There are 2 sets of investors. One lot would be for Saturn and one for Chrysler -Plymouth. Mr. Burgess said the Commission understands that the motivation for this is so they can have two signs. He asked if Saturn cars would be parked on the Chrysler -Plymouth lot and vice versa. Mr. Weith noted that the proposed property line actually goes through some of the parking spaces, but he had no problem with that. Mr. Teeson said that although they are calling this a PUD, it appears that either lot could now be sold separately. Mr. Burgess said they would then have to get the PUD reapproved. Mr. Teeson added they would also have a parking problem then. Mr. Burgess reminded the appicant that the Planning Commission doesn't handle sign requestsand that they would have to go to the Zoning Administrator with their case for two signs. 6. Site plan application of BLS Properties to construct a 1200 sq. ft. addition to an existing 44,703 sq. ft. medical office building, 52 Timber Lane: Mr. Long showed where the addition would go. He said there would be no changes affecting the development as a whole (circulation, lighting, etc.). The only outstanding issues are parking and landscaping. Regarding landscaping, Mr. Long said they had been asked to chart the location`pf all plantings on the site. Since it is a heavily wooded site with thousands of trees and bushes, they didn't feel it necessary for such a small addition. He noted that there were half a dozen small shrubs and three trees that would come down as a result of the new addition. They don't have a formal landscape plan as yet but anticipate they will provide more than what is required in order to provide adequate screening for residential neighbors. Mr. Long said that if they are required to add parking, they would have to move some trees and that would also add to their cost for landscaping. Mr. Burgess noted that moving trees is npt counted in the landscaping amount; it must be new landscaping. Mr. Burgess asked if there isn't a plan showing existing land- scaping. Mr. Long said they couldn't find it. What they did find didn't seem to correspond with some of what there. He noted that islands didn't seem to be the size they were on the plans. Mr. Weith said it is up to the applicant to provide an accurate PLANNING COMMISSION 25 FEBRUARY 1997 page 9 plan. Mr. Long said he had been told there have been no changes since the plan was drawn up. Mr. Burgess said he would definitely want to see what exists in terms of parking. Mr. Long said they have picked out about 10 places where they could add parking, but they would prefer to leave these as green space. He said they are not anticipating any additional employees, physicians or patients as a result of the addition. The building was built for 2 physicians and there are now 6 there and they are below the standard for examining rooms. Mr. Burgess said this indicates there has been an impact since the building was built. If they have 4 more physicians than they built for, parking may not be adequate. He said he was uncomfortable not knowing exactly what is there now. He suggested the applicant and Mr. Weith work on finding plans that would substantiate what is there now and whether it was built according to plans. Ms. �Barone moved to continue the aoolication�until _11 March. Mr. Teeson seconded. Motion passed unanimously. As there was no further business to come before the Commission, the meeting was adjourned at 10:55 p m. er PLANNING COMMISSION 15 April 1997 The South Burlington Planning Commission a held a meeting on Tuesday, 15 April 1997, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chair; John Dinklage, Gayle Barone, Mac Teeson, Mark Crow, Marcel Beaudin, Dan O'Rourke Also Present: Joe Weith, City Planner; Dean Economou, Dean Zoecklein, Randall Kay, Jason Sherman, Rebecca Provost, Gary Smith, Carolee & Ed Boerger, Art & Ginny Greenblott, Karl Benware, Sherri Briggs, Amy Lindsay, Bill Kiendl 1. Other Business No issues were raised. 2. Minutes of 18 March, 25 March and 1 April: Mr. Teeson moved to approve the Minutes of 18 March as written. Ms. Barone seconded. Motion passed 5-0 with 1 abstension. Mr. Teeson moved to approve the Minutes of 25 March as written. Mr. O'Rourke seconded. Motion passed unanimously. Ms. Barone moved to approve the Minutes of 1 April as written. Mr. Dinklage seconded. Motion passed unanimously. 3. Consent Agenda: a. Site plan application of Robert Gordon to construct a 216 sq. ft. addition to an existing 47,703 sq. ft. medical office build- ing, 54 Timber Lane: Mr. Burgess asked if any member of the Commission or of the audience wished to have a full hearing on this item. There were no such requests. Mr. Crow moved to —approve the site_ plan_ application_ of Robert Gordon �toyconstruct a 216_sq. ft. addition to an_existinq 47:703_sp=�ft _m_e_dic_a_l_office_build_inq, 54Timber _Lane, _subject tto_the _conditions �in the staff _memo y_of_11_Ap il_1997___Dink- lage_secondedMotion_ passed_unanimousl �y� �_ 4. Public Hearing: Final Plat Application of EZP Golfco, Inc., to construct Phase II of a planned residential development consist- ing of 191 single family lots and 40 multi -family units, and an 18-hole golf course on approximately 452 acres of land, Dorset Street. Phase II consists of the creation of 116 single family I MEMORANDUM To: South Burlington Planning Commission From: Joe Weith, South Burlington City Planner Re: April 15, 1997 Agenda Items Date: April 11, 1997 3) Consent agenda: a) ROBERT GORDON - MEDICAL OFFICE ADDITION - SITE PLAN This project consists of constructing a 216 square foot addition to an existing 47,703 square foot medical office building. This property was last reviewed by the Commission on 3/11/97 (minutes not available) at which time a 1200 square foot addition was approved. These two (2) additions result in a total building size of 49,119 square feet. The ZBA on April 14, 1997 will consider a request from the applicant for a conditional use permit. This property located at 54 Timber Lane lies within the R7 District. It is bounded on the north by Kennedy Drive, on the west by Timber Lane, on the south by a medical office building, and on the east by a contractor's yard and an elderly housing facility. Access/circulation: Access is provided by two (2) curb cuts on Timber Lane. The northerly curb cut is 30 feet wide and the southerly curb cut is 20 feet wide. The southerly curb cut is used by the adjacent medical office for access. The r.o.w. for the adjacent medical office is shown. No changes proposed. Circulation on the site is adequate. Coveraqe/setbacks: Building coverage is 21.8% (maximum allowed is 25%). Overall coverage is 52.4% (maximum allowed is 60%). Front yard coverage along Timber Lane is 39% and along Kennedy Drive is 26% (maximum allowed is 30%). Front yard coverage along Timber Lane is existing and will not be made worse by this application. Setback requirements are met. Landscaping: The minimum landscaping requirement, based on building costs, is $1050 which is being met. Proposed plantings include Rhododendron and White Pine. Staff recommends that the proposed White Pines be replaced with a more salt tolerant species (i.e., Red Pine, Austrian Pine). I Memorandum - Planning April 15, 1997 agenda items April 11, 1997 Page 2 Parking: A total of 246 spaces are required for the entire building and 226 spaces including eight (8) handicapped spaces and a bike rack will be provided. The proposed addition requires one (1) additional space and one (1) additional space is proposed. The proposed 226 spaces represents a 20 space or 8.1% shortfall. A 22 space parking waiver was approved on 3/11/97. Sewer: No additional sewer allocation needed. Traffic: ITE estimates that the existing use generates 190.6 vehicle trip ends (vte's) during the P.M. peak hour and with the addition to generate 191.5 vte's. This is a 0.9 vte increase. The applicant should be aware that the road impact fee is $0. Dumpster: The existing dumpsters will be screened. Lighting: No additional exterior lighting proposed. Existing lighting consists of the following: --- 11 downcasting shielded fixtures on 20 foot poles. --- 9 downcasting shielded fixtures on 10 foot poles. --- 6 pathway downlights three (3) feet high. --- 7 building mounted lights. Recommended conditions: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. For the purpose of calculating road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed addition will generate 0.9 additional vehicle trip ends during the P.M. peak hour. 3. Prior to issuance of a zoning permit, the applicant shall post a $450 landscape bond. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 4. Any new exterior lighting shall consist of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 5. The plan shall be revised to show the changes below and shall W Memorandum - Planning April 15, 1997 agenda items April 11, 1997 Page 3 require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show a more salt tolerant species (i.e., Red Pine, Austrian Pine) in place of the proposed White Pines. 6. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants the applicant a twenty (20) space or 8.1% parking waiver. 7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to occupancy of the addition. 9. Any change to the site plan shall require approval by the South Burlington Planning Commission. 4) EZP GOLFCO, INC. - GOLF COURSE/RESIDENTIAL PRD PHASE II - FINAL PLAT This project consists of the construction of Phase II of a planned residential development consisting of 191 single family lots and 40 multi -family units, and an 18 hole golf course on approximately 452 acres of land. Phase II consists of the creation of 116 lots for development, and construction of related roadways and utilities. The lots involved include #1-42, 54-86, 88, 98-107, 130-134, 144- 150 and 175-192. Phase 1B (75 lots) was approved on 6/18/96 (minutes enclosed). Access: Access to Phase II lots will be via six (6) new City streets (Golf Course Road, Tabor Place, Park Road and Holbrook Road, Four Sisters Road and Economou Farm Road), an unnamed private street serving lots #175-178, and two (2) curb cuts serving lots #39-42. The Planning Commission at preliminary plat, pursuant to Section 501.3 of the subdivision regulations, waived the requirement of Section 401.1(j)(1) of the subdivision regulations which requires that a roadway be publicly owned if the proposed 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 11, 1997 Gary Smith 82 Hungerford Terrace Burlington, Vermont 05401 Re: Medical Office Addition, 54 Timber Lane Dear Mr. Smith: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 15, 1997 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. S'n erely, Joe Weith, Cit Planner JW/mcp Encls NIP lh>•Ary PAW- Axcr,,ATC / nA I N�I� 1u�Lt+.q tnrx�Fau1 to. R t Cwa a ED MAR 2 5 1997 City of So. Burlington N/r Wcz fv+r� 7'wN�ecRirtC, pzeRxvn uzw sr+wr w cs. —C-JdarA> we Acs.¢ss W., Exlafnlq 'PAr -14A SyxE5 ill IIIvrbTwv> = 5 ( j %4cw FEV-VI SYA<H5 I 5MIM1 4A 'W\w 44 Aiz-A HD/1.5 da,cT. recite'try New tS,)L irAe� zz,w s4.FT- fl.A.+frJ(o 54HeDJLC-�- vA{.W of mei "A.+f1.Jt.S -m t\f 41tXb O— IWAOofNf zog �r NWl L -V-k L\LHfYn1e. � IExa T�J fi ' 181 —Ru! LIbNf b* MLA Trill .,W- � 1 311+12� SITE PL._AN r OO Ti MR-a+� L•ul/, �nln.1 n.u�w-1\in�,J vr" tAxl GA.ey SMIc-H LAkE�Ey(' dreg-591'1 ' D2 H.n;�.Erf�o 'TEhd-At6 p,av-ivro , Y'r Y-EVlskr% ?�11 /N7 PLANNING COMMISSION 11 March 1997 page 2 Mr. _Din_kla_ge_then _moved _that _the Planning_ Commission_aeerove_th_e applications _on_ the _Consent A_genda_subiect_to_ conditions_ and — st_ieulations_recorded_the the C_i_t_y_Planner's_ memorandum _ of 11 March 1997 (attached).--Ms.—Barone—seconded. unanimously-------- ----------------- ------ —__-- 4. Continued site plan application of BLS Properties to construct a 1200 sq. ft. addition to an existing 44,703 sq. ft. medical office building, 52 Timber Lane: Mr. Long said the Planning Commission had wanted clarification about proposed and existing landscaping on the site. He showed a plan which he said indicated all new landscaping valued at $3600. This is in the form of more crabapple trees (12 at $300 each). The Commission had also asked about existing parking. Mr. Long said there are actually 211 parking spaces on the site now. The new site plan shows all parking including 6 new spaces, 2 in the southwest part of the site and the rest just west of the new addition. This will result in a total of 217 spaces. Mr. Burgess said that in 1987, the Planning Commission was shown a plan with 147 existing spaces. The plan at that time was to add 83 more spaces for a total of 230, which is what the Com- mission assumed were on the site. Apparently, all of the 83 new spaces were not added at that time, and the Commission would like those to be added now, for a total of 16 new spaces. Mr. Weith showed an area where parking has been a problem, and the Fire Dept. has complained about people parking where they shouldn't be. He added that in looking at the site, he found where 5 spaces could be added to the front area, and he would be satisfied if those were added in addition to those proposed by the applicant with this application. Mr. Long said they could add more parking by cutting down trees but would prefer not to since this is near a residential area. Mr. Burgess replied that the Commission had required those spaces to be put in and they weren't, with resulting problems. Mr. Long asked if they could put in the spaces where they would have the least impact. Mr. Burgess said the Commission would like them where they will have the most practical use. Mr. Long said there is a question of exceeding front yard coverage, so they would have to find them elsewhere. Mr. Dinklage suggested getting staff to park in the rear to free up the front area for others. He said he would like to see the plan as close to compliance as possible. Mr. Weith said that with the additional 11 spaces, the Commis- PLANNING COMMISSION 11 March L2997 page 3 sion would be waiving 22 spaces for the entire property. Mr._Cro_w moved the _Pl_ann_ing_Commission_aPProve_the_site plan appli_ca_ti_o_n_ofBLS _P_r_oPer_ti_es_toconstruct _a_1200_sq. ft. _ad- dition toa_n_exi_s_t_ing_44,703_sg__ft_�medical_office building,52 Timber _Lane, as_-_d_epicted_ on_a_Plan_entitled_"Pediatric _Medicine Addition and Alterations _S S. Burlingtons_Vermontli'_Prepared_bv_ G_u_ill_o_t-_Vivian-V_i_e_h_ma_n_n_A_r_c_hi_t_e_ctsi_dated _J_anuary_301_1 22. _last revised -2/27/97,_ with _ the following -stipulations: 1. All_Previous_ approvals _and _stipulations_ which_ are not_super� seded_by_this_approval_ shall_ remain_ in effect_ _ 2. For the_purpose_of_calculating_ road_ impact_ feesunder the South.Burlington_Impact_Fee_ Ordinance, _ the_Planning_Crrei_sion estimates t_hat__t_he_ propose d_ addition _ will generate _4_7_addi:: tional_ vehicle _triP_ends_during_the_P_M _Peak_hour_ 3.Prior to issuance of a_ zoning_permit,_ the_applicant_sh_all_post a$3,600 la_nds_caP_e_ bond. The _ bond_shall_ remain_ in effect_ for three _years_toassure _ that the lands caping_takes_ root _and _has _a good_chance_of__surviving, 4._Any_new_exterior_lighting_ shall_ consist of_downcasting shielded _fixtures soas_no_tto_ca_stlight_beyond_theaProgerty line. _A_ny_cha_n ge_in _ligh_t_in_q_shall _be_aooroved_by_the_City _ Planner _prior _to_installation__ 5i_The plan _shall _be_ revised _to show _t_he ch_a_nges_below_and_shall reguire_aerroval_of_ the _City _Planner. Three copies _of_ the _ap croved_revised dans_shall _be_ submitted _ to the City_ Planner_ Prior to_oermit_issuance� site plan shall be revised to show additional_ land- scaoinq to_meet_the_$3600_minimum_landscaoinq_reguirement b_) The sit_e_Plan_shall_be_ revised _to_show _(5)_additional carkinq_soaces_in_ addition _ to_the_6_proposed_soaces. c) The _site_Plan_sha11_be_ revised _ to show the r_o_w__easement for _the _adjacent medical_office 6. Pursuant to Section 26.256(b)_of the zon_in_g_requlations,_the Planninq_Commission_grants_the _aeolicant_a_twenty_two_ space _or 9`0%_oarkin2_waiver. 7. The -applicant shall obtain a zoninq_permit _within _six _months cursuant_to_ Section _27.302_of_the q_regulaons _zoninti_or_this aeoroval_is_null _and _voids ___ - E PLANNING COMMISSION 11 March 1997 page 4 8. The aeelicant_sh_a_l_l__o_b_t_a_i_n__a__C_e_r_tificat_e_-of _Occ_u_eancy/Comeli- ance from the Administrative_ officer_ prior_ to_use -of -the _ad- ----------------------------------- dition. 9. Any_changes_to_the_si_t_eelan_shall _-eguire_---- approval _--_the South_ Burlington_ Planning_Commission_ Ms. Barone seconded._-Motion_eassed_unanimouslya 5. Site plan application of David Luce to amend a previously ap- proved site plan for a 275 seat church. The amendment consists of modifications to the parking area, 400 Swift Street: Mr. Luce said they will pave over a grassed island, but since that will bring them over the allowable coverage, they will strike off a piece of parking lot on the east side which is not needed. This won't result in the loss of any spaces. This will result in no change in lot coverage. Regarding landscaping, over the years they have lost some trees along the northern boundary. They propose to replace what is missing from the 1983 application and add some around the per- imeter of the building. No issues were raised by the Commission. Mr. Crow moved the Planning_ Commission approve -the -site -plan ap� li �cation_of_David_Luce to amend_a_previously aPproved_site_plan -- for_e 275 seat church. T_he_amendment consists of modifications to�the _parking_ area,_400_ swift _Street, _as_depict-d_on_a_four_p age set of_plans,_Page_ one _entitled _"Existing_Conditions_ and Demol- ition P1_an_"_prepared_ by_Engine__ering_Ventures` I_nc_,_dated_1/10/ 97, last_ revised _3/10/997,_with _the_following_stipulations_ 1. All_previous__approvals_ and_ stipulations_ which __are_ not _super_ seded_by_this_approval_shall_remain_in_effect_ 2. For the_purpose of_calculating road_ imp pqfees_under_the So_u_th_Burlington_Impact-Fee_Ordinance,_the_Plannino_ Commission estimates -that the_parking_lot_modifications_ will_generate_zero additional vehicle_ trip_ends_during_the P_Mteak_hour_ 3. The applicantshallpost a_$3240_landscape bond- prior _to for iss_ua_nce of a_ z_oning_permitThe bend-_shall_remain_in effect _ _ three_ Years_ to_ assure _that _the _landscaping_ takes_ root_ and _has _a good_chance_of_survivinq. 4. AnY_new exterior_lighting_ shall_ consist_ of_downcastin shielded fixture_s_so_as_not to cast light_beyond_the_proeertY line`__Any_change _in_lighting_shall_-e_-eero-ed_by_the_City 6-TA /{�DlT�ui�� /E�5 = v . �/ c94 � C6 4 w ��y� 6m = yell p 3 x Z o& f l y �-q�cje-51 / -1 FORM NR-1 COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" GHQ FOR TAX CREDITS: (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS �� vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (From current tax assessment) s�g units (4) TOTAL FLOOR AREA AFTER CONSTRUCTION (5) TYPE OF USE (6) TYPE OF CONSTRUCTION IMPACT FEES: (7) TOTAL ROAD IMPACT FEE (From Form NR-2) s.f. FORM NR-2 COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END $ 226.00 / vte (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS �1 f (From form NR-1) T- vte (3) BASE ROAD IMPACT FEE (1) x (2) $ A% (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 q ( from line ( 3 ) of Form NR-1) d 5 � units (5) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1991 BOND (From Table ST-9) $/ / unit (6) CREDIT FOR PAST TAX PAYMENTS - 1991 BOND (�1• (4) x (5) $ (7) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1998 BOND (From Table ST-10) $ / unit (8) CREDIT FOR PAST TAX PAYMENTS - 1998 BOND (4) x (7) $ (9) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE - 1999 BOND (From Table ST-11) $ (10) CREDIT FOR PAST TAX PAYMENTS - 1999 BOND (4) x (9) (11) CREDIT PER $1,000 OF PRE -CONSTRUCTION / unit S VALUE - ANNUAL TAX ALLOCATION .- (From Table ST-12) $ / unit (12) CREDIT FOR PAST TAX PAYMENTS (4) x (11) $ (13) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (From line (8) on Form NR-3) ��•� units (14) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1991 BOND (From Table ST-13) $ / unit FORM NR-2 (continued) N (15) CREDIT FOR FUTURE TAX PAYMENTS - 1991 BOND �/,0 3 (13) X (14) $ �4l (16) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1998 BOND Table ST-14) $ unit (From (17) CREDIT FOR FUTURE TAX PAYMENTS - 1998 BOND (13) x (16) $ I j( (18) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE - 1999 BOND r (From Table ST-15) $ r. / unit (19) CREDIT FOR FUTURE TAX PAYMENTS - 1999 BOND (13) x (18) $ (20) CREDIT PER $1,000 OF POST -CONSTRUCTION VALUE - ANNUAL TAX ALLOCATION (From Table ST-16) $ / unit (21) CREDIT FOR FUTURE TAX PAYMENTS2►� (13) x (20) $ (22) TOTAL ROAD IMPACT FEE (3) - (6) - (8) - (10) - (12) �f (15) - (17) - (19) - (21) $ d� FORM vM-3 r 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-17) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) ( 6 ) LAND VALUE (From current t" records) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 Z 6 % units City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 1, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 11, 1997 Planning Commission meeting minutes and Findings of Fact and Decision on the above referenced project. Please note the conditions of approval and the requirement that a zoning permit be obtained within six (6) months or this approval is null and void. If you have any questions, please give me a call. S nc rely, Joe Weith, Ci Planner JW/mcp 2 Encls City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 March, 27, 1997 Gary Smith 82 Hungerford Terrace Burlington, Vermont 05401 Re: Medical Office Addition, 54 Timber Lane Dear Mr. Smith: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski, the Fire Department and myself. Please respond to these comments with additional information and/or revised plans no later than Friday, April 4, 1997. If you have any questions, please give me a call. Sinc?,Pely, G i� Ray nd J. Belair, Zoning and Planning Assistant RJB/mcp Preliminary Comments - Planning April 15, 1997 agenda items March 26, 1997 Page 2 JASON SHERMAN - PERSONAL SERVICE TO RETAIL - SITE PLAN --- plan should include property boundary distances. --- plan should indicate that the easterly boundary is the boundary between the Cl District to the west and R4 to the east. --- all exterior flood lights and other fixtures which are not downcasting shielded fixtures should be replaced with fixtures which are downcasting and shielded. Details (cut -sheets) of the replacement fixtures should be submitted. --- 14 spaces required and 13 spaces are provided. ROBERT GORDON - MEDICAL OFFICE ADDITION - SITE PLAN --- minimum landscaping requirement of $1050 is not being met. Proposed landscaping is $490 short of the requirement. Plan should be revised to add more landscaping to meet the minimum requirement. --- show locations of proposed landscaping. K.B. WOODWORKING - ACCESSORY STRUCTURE - SITE PLAN --- show all existing landscaping in addition to $450 worth of new landscaping. --- show handicapped parking spaces (three (3) are required) . --- provide existing and proposed building, overall and front yard coverage information. --- submit details (cut -sheets) for any additional exterior lights. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- the parking layout on the site has been modified since the last approval on 1 / 8 / 80 . These changes were made without approval of the Planning Commission. Plan should be revised to accurately reflect current parking layout which should meet current parking standards. --- the existing flood light located on the pole next to the dumpster area should be removed or replaced with a downcasting shielded fixture. --- the correct street address is 1205 Williston Road not 1225 Williston Road as indicated on the plan. 2 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 15, 1997 Agenda Items Date: March 27, 1997 ECONOMOU FARMS - GOLF COURSE 1. Street lights should be in place before lots are built upon or at least lot owners are well aware where a street light will be installed. The problem in the past has been objection from lot owners to placing a street light at a planned location because the owner was not aware of the light and did not want it. 2. The condominium development in the north-east corner should include a sidewalk. Residents in the thirty or so units will have to walk in the traveled way which creates a safety problem. 3. It is the preference of the City to use pre -cast concrete risers in the adjustment of manholes and inlets especially areas where road salt will be extensively used. Salt deteriorates the mortar used in the brick work causing the bricks to loosen and fall out. 4. House sewer services connection to main sewer may be tees instead of Y's. 5. Exterior mastic coating of manholes is not necessary in areas not affected by groundwater. 6. Basement drains that could back up as a result of heavy storm runoff should be equipped with backflow preventers. 7. Plans are well done and complete and are acceptable. JASON'S DRY CLEANERS - SHELBURNE ROAD Site plan dated March 1997 prepared by Civil Engineers, Inc. is acceptable. TIMBER LANE MEDICAL CENTER - KENNEDY DRIVE- TIMBER LANE Site plan dated 3/24/97 prepared by Gary Smith is acceptable. M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Reviewed for April 15, 1997 Date: March 26, 1997 1. Economou Golf Course, Phase II Dorset Street Acceptable 2. Jason Sherman 430 Shelburne Road Acceptable 3. Robert Gordon 54 Timber Lane Acceptable 4. McDonald's 1225 Williston Road Acceptable Dated 2/25/97 Dated 3/5/97 Dated 3/18/97 Dated 3/25/97 �c a��'=ate CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone U)g:22i 2) APPLICANT (name, address, phone #) (000-r';b . Z L-A 5AArf <' V40r1G' rTv�n•-%`-Izr(k'Le- -F, le'l,J[h �)� Sct�'1-�i�►'% 3) CONTACT PERSON (name, address, phone #) �Q� ;yV► 4) PROJECT STREET ADDRESS: ry'i3L-t2.4 A,�{t�� 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) i 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) , ✓t 1 cv ac3.,J f+tz�t` Trt 1�) W i =3z w1 "1 -91 J..j (" 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building 1.1-3-96; landscaped areas —Lt- % building, parking, outside storage% 10) COST ESTIMATES: Buildings $ Landscaping $ lnoc-1 Other Site Improvements (please list with cost') $ 11) ESTIMATED PROJECT COMPLETION DATE: --rl'jc 1Gc)] 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon Z,� 12-1p.m. ; 1-2 p.m. ; 2-3 3-4 p.m. -7 -7 4-5 p.m. ; 5-6 p.m. ; 6-7 p.m.-� 13) PEAK HOURS OF OPERATION: 14 ) PEAK DAYS OF OPERATION: DATE fOF SUBMISSION TGNA�OF APPLICANT DATE OF HEARING j � �tl �K ta�nssi�il : I NefE4: I Exl�li'M4 QAit:vJ�IG S�1iGH5 it1 wcw wmw. Slakcs 0 . GX147't n11w BJt..viwli:. At�d. � 97t•1bs dd,fr. Orr is iLc. e, I -3 A I— sa. Kr •axtu. nut�taMta ce�Fv,E 2I.'S MCI<, tie -nzcYs '-tb gG vrroa(3o) "il MISER. � ILA tJr¢rt Ftrta Rmx'ia�. touw.l i+�p. ' TMErti4 1.�.�� In.1 tBUar�.kitU..1 lT I tint QAAY, SMtc'tii I.AkEtkttES{' d��t"t•5917 el wu k, �e¢p -rt Pnirtu.It o.J VT i MAR i 1-8 1�97 Cit . of S B : ! . Y utlington �iK"rv-`rO V""Ommm Z1177616 M, �evop dt�� -o? N, T 9oLA11 44-, MCA Cp LOT COVERAGE INFORMATION: tr h l EXISTING PROPOSED TOTAL PERCENT !\ , ;�;.•'/• LOT AREA ■ : 224,050 SF 100.0 BUILDING AREA 47.703 SF 1,200 SF 48,903 21.82 % S PAVED AREA 66,899 SF 972 SF 67,870 30.29 % N a• TOTAL COVERAGE 51.15% a : 52.11 % II R �4Hf pf WP.0 �; To Oga'fpL, MPANKIN(: SPACES 2 11 L 2 11 1�/P vlocJ�4 F[aPE�ISb of}(cF� � 1 4-D I.. tw, Ike I W _ Stlyw • µr.Qaa.+i r - �, MAR 0 4 1997 Cit of So. Burlingto r h •+ 1 ( I L. �0 I, LE4END #w cvf. �cr �uwaaY• i / ilk ��faD nN 211 tala (tall rawre� ►xe (arfll 1 � C CC S(C�,}h1HJ1..� Oer�N I.KM 1 fi 4�p.+�LL4pe•n.rap N4Nif Iaf 1- XV- ..Ofttq DIAN& Ftt°r(T Y&GO Cwta Al,! ; Ll.7 2-TI/.Cl4 LAM! Faa1JT yAap c".a AMC I... lY Se Al. lblal. Yl—C of Nnr1 !ok awacC a .r��r ► �� \ \ li h } ► ♦ • h • + • + 1. h t { { f Y / `'. I Q NM �fh6 hNRme} A • y•'►• ♦• ► 1ti4, M : (�\. f aKrt� N0 71 `C fe It f.w+i 7ae-..a 9►a7 3 't.Yl'avfY • WG: +1 t•16.11 •2; s't1'1I SPI t 3/11/97 , . .k MOTION OF APPROVAL BLS PROPERTIES I move the South Burlington Planning Commission approve the site plan application of BLS Properties to construct a 1200 square foot addition to an existing 44,703 square foot medical office building, 52 Timber Lane, as depicted on a plan entitled, "Pediatric Medicine Addition and Alterations S. Burlington, Vermont," prepared by Guillot-Vivian-Viehmann Architects, dated January 30, 1997, last revised 2/27/97, 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 road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed addition will generate 4.7 additional vehicle trip ends during the P.M. peak hour. 3. Prior to issuance of a zoning permit, the applicant shall post a $3,600 landscape bond. The bond shall remain in effect for three years to assure that the landscaping takes root and has a good chance of surviving. 4. Any new exterior lighting shall consists of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 5. The plan shall be revised to show the changes below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show additional landscaping to meet the $3600 minimum landscaping requirement. b) The site plan shall be revised to showJ;]F(5) additional parking spaces i;, k -64-e 6 -Sp-v--� . c) The site plan shall be revised to show the r.o.w. easement for the adjacent medical office. 6) Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants the applicant a (22) space or JOW (9.0%) parking waiver. 1 7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the addition. 9. Any changes to the site plan shall require approval by the South Burlington Planning Commission. 2 Memorandum - Planning March 11, 1997 agenda items March 7, 1997 Page 7 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. 4) BLS PROPERTIES - MEDICAL OFFICE ADDITION - SITE PLAN This application was continued from the February 25, 1997 meeting to provide the applicant time to revise the site plan to add existing landscaping information and show the individual parking spaces. Staff's February 25, 1997 memo is enclosed for your review. Landscaping: The site plan has been revised to show the existing and proposed landscaping. The plan is still $950 short of the minimum landscaping requirement of $3600. The plan should be revised to meet the minimum landscaping requirement. Parking: The plan shows 211 existing parking spaces and six (6) new spaces for a total of 217 parking spaces. This represents a 28 space shortfall from the 245 spaces required for the property. The applicant's proposed addition requires six (6) spaces which are being added. In 1987 the Commission approved a large expansion to the medical office building. The approved plan indicated that there were 147 existing and 83 new spaces for a total of 230 spaces. The plan did not show the existing spaces, only the new spaces to be added. Apparently, the existing 147 spaces were never verified. In a recent inspection of the site, it appears that 10 of the 83 spaces which were proposed to be added in 1987 never were built. Staff recommends that these 10 spaces also be constructed as part of this application. 5) DAVID LUCE - PARKING LOT ALTERATIONS - SITE PLAN This project consists of amending a previously approved site plan for a 275 seat church. The amendment consists of modifications to the parking area. The last review of this property by the Commission was on 6/28/83 (minutes enclosed). 6 y�- MOTION OF APPROVAL 2/25/97 I move the South Burlington Planning Commission approve the site plan application of BLS Properties to construct a 1200 square foot addition to an existing 44,703 square foot medical office building, 52 Timber Lane, as depicted on a plan entitled, "Pediatric Medicine Addition and Alterations S. Burlington, Vermont," prepared by Guillot-Vivian-Viehmann Architects, dated January 30, 1997, last revised 2/18/97, 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 road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed addition will generate 4.7 additional vehicle trip ends during the P.M. peak hour. 3. The applicant shall post a $3600 landscape bond prior to issuance of a zoning permit. The bond shall remain in effect for three (3) years to assure that the landscaping takes root and has a good chance of surviving. 4. The plan shall be revised to show the changes below and shall require approval of the City Planner. Three (3) copies of the approved revised plans shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show additional landscaping to meet the $3600 minimum landscaping requirement. b) The site plan shall be revised to show all existing and proposed landscaping/vegetation on the property. c) The site plan shall be revised to show all existing and proposed parking spaces which shall equal 236 spaces. d) The site plan shall be revised to show the r.o.w. easement for the adjacent medical office. 5) Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants the applicant a nine (9) space or 3.7% parking waiver. 6. Any new exterior lighting shall consists of downcasting shielded fixtures so as not to cast light beyond the property line. Any change in lighting shall be approved by the City Planner prior to installation. 7. The applicant shall obtain a zoning permit within six (6) months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 8. The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the addition. 9. Any changes to the site plan shall require approval by the South Burlington Planning Commission. E City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658.7955 March 7, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 11, 1997 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, U - Joe Weith, City Planner JW/mcp Encls fl, 5 il*v Memorandum - Planning February 25, 1997 agenda items February 21, 1997 Page 9 Traffic: This property is located in Traffic Overlay Zone 4 which would allow this property to generate 174 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the current facility to generate 72.7 vte's and with the proposed addition to generate 77.9 vte's which is a 5.2 vte increase. The applicant should be aware that the road impact fee will be $0. Lighting: Additional exterior lighting will match existing lighting and will consist of: --- six (6) 1000 watt super metal halide lamps with downcasting shielded fixtures mounted on three (3) 24 foot high poles. The Performance Standards limit the height of pole lights to 20 feet. Proposed poles should be reduced in height to meet this requirement. The revised final plat should include a point by point lighting plan for the entire PUD which shows that the maximum illumination at ground level does not exceed an average of three (3) foot candles. Dumpsters: A screened dumpster storage area should be shown for the dumpsters on lot #1. The type of screening proposed for all dumpsters should be noted on the plan. Other: --- The site information on sheet S-1 should be revised to indicate the correct acreage (i.e. 5.3 acres). 6) BLS PROPERTIES - MEDICAL OFFICE ADDITION - SITE PLAN This project consists of constructing a 1200 square foot addition to an existing 44,703 square foot medical office building. This property was last reviewed by the Commission on 11/17/87 (minutes enclosed). The ZBA on February 24, 1997 will consider a request from the applicant for a conditional use permit. This property located at 52 Timber Lane lies within the R7 District. It is bounded on the north by Kennedy Drive, on the west by Timber Lane, on the south by a medical office building, and on the east by a contractor's yard and an elderly housing facility. Access/circulation: Access is provided by two (2) curb cuts on Timber Lane. The northerly curb cut is 30 feet wide and the southerly curb cut is 30 feet wide and the southerly curb cut is 20 0 Memorandum - Planning February 25, 1997 agenda items February 21, 1997 Page 10 feet wide. The southerly curb cut is used by the adjacent medical office for access. The r.o.w. for the adjacent medical office c. should be shown. No changes proposed. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 21.8% (maximum allowed is 25%). Overall coverage is 52.1% (maximum allowed is 60%). Front yard coverage along Timber Lane is 39% and along Kennedy Drive is 26% (maximum allowed is 30%). Front yard coverage along Timber Lane is existing and will not be made worse by this application. Setback requirements are met. Parking: A total of 245 spaces are required and 236 spaces are provided including 12 handicapped spaces and a bike rack. Proposed parking is nine (9) spaces short of the requirement or 3.7%. The Commission as part of the 11/17/87 approval approved on eight (8) space waiver. Waiver of one (1) additional space would be needed with this application. Applicant should be prepared to justify waiver of this additional space. The site plan does not show all the parking spaces. This information was requested but not provided. Without this information staff can not verify that 236 spaces are available. "U The site plan should be revised to provide this information. Landscaping: The minimum landscaping requirement, based on building costs, is $3600 which is not being met. Proposed landscaping, which includes Crabapple trees, is $950 short of the requirement. Plan should be revised to meet the minimum landscaping requirement. t� The site plan does not show any existing landscaping/vegetation. This information was requested but not provided. The plan should be revised to show all existing and proposed landscaping. Sewer: No additional sewer allocation needed. Traffic: ITE estimates that the existing use generates 185.9 vehicle trip ends (vte's) during the P.M. peak hour and with the addition to generate 190.6 vte's. This is a 4.7 vte increase. The applicant should be aware that the road impact fee is $0. 10 Memorandum - Planning February 25, 1997 agenda items February 21, 1997 Page 11 Dumpster: The existing dumpsters will be screened. Lighting: No additional exterior lighting proposed. Existing lighting consists of the following: --- 11 downcasting shielded fixtures on 20 foot poles. --- 9 downcasting shielded fixtures on 10 foot poles. --- 6 pathway downlights three (3) feet high. --- 7 building mounted lights. 11 No Text City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-474e PLANNER 658-7955 February 21, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: 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 the Fire Department were sent to you at an earlier date. Please be sure someone is present on Tuesday, February 25, 1997, at 7:30 P.M. to represent your request. If you have any questions, please give me a call. ncerely, J _ Weith, Ci y Planner JW/mcp Encls PLANNING COMMISSION 17 NOVEMBER 1987 The South Burlington Planning Commission held a regular meeting on Tuesday, 17 November 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; Mary -Barbara Maher, John Belter, Judith Hurd Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; James Lamphere, Robert Guiduli 1. Minutes of 11/3/87 Mrs. Lafleur noted that following "...3-30-87" at the bottom of p. 1, it should read: "..specifically C-1A, 2A, 3A, dated 8/4/8711. On P. 4, Item 4, line 1 should read "Zoning Admin- istrator" instead of "City Attorney" and line 3 should read: "..the City Attorney" instead of "him again." Mrs. Hurd moved the Minutes be approved as amended. Mrs. Maher seconded. Motion passed unanimously. 2. Site Plan application of Robert Guiduli for construction of a 660 sq. ft. single story addition to Timberlane Medical Center, 50 Timberlane Mr. Lamphere noted the applicant wants to enlarge the optical shop for a lab and also enlarge Dr. Guiduli's office. Mrs. Lafleur said that 3 additional parking spaces would be re- quired, but Dr. Guiduli said the lot is never filled. The question of landscaping arose. Mrs. Lafleur noted that steps have been taken to restore the landscaping that has been re- moved by the present construction at Timberlane. Mr. Lamphere felt that requiring $3,-4,000 landscaping for a $10,000 additon was severe. Dr. Guiduli said they are just about at the maximum of what can be expanded now. Mrs. Lafleur acknowledged that $3-4,000 was above what would be required by this addition, but noted that in the last plan there was an enormous number of trees taken out that the Com- mission knew nothing about, and she wanted to assure this wouldn't happen again. Dr. Guiduli said he was appalled by what happened with those trees as he had located there to work in a place that looks nice. He said he would have nice shrubs and plants but didn't feel there was enough room for trees. Mr. Jacob also felt it unreasonable to replace an 8" caliper tree with an 8" caliper tree. Mrs. Lafleur said the man from UVM may have recommendations for other trypes of landscaping that does something for the building. Mr. Jacob PLANNING COMMISSION 17 NOVEMBER 1987 PAGE 2 did not feel the Commission could deviate from the landscaping formula. Mrs. Maher felt the Commission had the latitude to use its own wisdom and felt that too much was being lost. The question also arose as to whether Dr. Guiduli is part owner of the common land. Mrs. Hurd felt that $2,000 might be too high, but agreed that $300 was too low. She felt an agreement should be worked out with the City Planner, and if an agreement can't be worked out the applicant should come back to the Commission. Mrs. Hurd moved that the Planning Commission approve the site plan application of Robert Guiduli, MD, for construction of a 660 sq. ft. addition to Timber Lane Medical Center, 50 Timber Lane as depicted on a plan entitled "Site Plan, Robert C. Guiduli, 50 Timber Lane, South Burlington, Vermont" prepared Wiemann Lamphere Architects, Inc, dated September 16, 1987 with the following stipulations: 1. A landscaping plan valued at not more than $2,000 shall be submitted to and approved by the City Planner prior to permit. 2. Five parking spaces are approved, 8 parking spaces are waived. 3. Revised plans shall show accurate location of water and sewer lines and existing landscaping. 4. The building permit shall be obtained within 6 months or this approval is null and void. Mr. Belter seconded the motion which passed unanimously. Mr. Jacob reminded members of the site visit Saturday morning at 9:30 am. As there was no further business to come before the Commission, the meeting adjourned at 8:35. Clerk l — _„qs4 LOT COVERAGE INFORMATION: �M• EXISTING PROPOSED TOTAL PERCtNT 1pza, y Q� LOT AREA : : 224,050 SP 100.0 % - BUILDING AREA 47,703 SF 1,200 SF 48,903 21.83 % ° PAVED AREA bi,898 SR 972 SF 67,870 30.29 % TOTAL COVERAGE 31.15% it : 5211% RIaNr of IVA e �ELADI oFG NPARKMC SPACER 230 6 236 a.o v. 11/P vJooa�r 7[� RezroS OFfIGE� � 7 --_ -- - - - - _ - ---..--- 1rJiao • __--_- -----Hri- 4 /�•� �---- — i• w°aa' T `1r�c / t/�///1 y/ • �, w / air i P v _ I C ° \ C�j �, y S4 TI/i6QR L►Nl �.�+• i. C4 0 J LeOmt) L.D j/ 1Y I Z r7 -06 SMa4i LJT.osa L��✓�•'4l wewl'GD ON 10' L [p,r (lrT�� O a Sjt<'9•TMv�•( OMEN IKH �� a0Fo ,[.p4wso WARTS �Ir \ /\... /� I ® 1- Ke,oUcbj Datvt FaeNT .Y c�,aasce u7: � \ S s' to �(46 aPM1G T4y5 To to � I I 2-ly - cu,P0.0. 'CWrWI,eN' \ r!,'C RLM C,r �MC4 Co. \ \�� c.F ff,H4• Tbhl V•"!. E- \v a!u A l i wee s w o. w r.ceti� or s�' F� M•ee say ea�� I I Eli v Tlc0 TN HY"oauR Pl-&H S4.412ST Mt,. SPI IUE- w � Moil Preliminary Comments - Planning February 11, 1997 agenda February 5, 1997 Page 4 --- staff prefers the direction of this plan for the following reasons: o concentrated\clustered development within the developable area as shown on the SEQ zoning map (except for lots #3- 5). o more open space o these units will more than likely generate fewer school children and be more affordable. o maintains wildlife corridor along Muddy Brook. BLS PROPERTIES - MEDICAL OFFICE ADDITION - SITE PLAN The site plan should be revised to include the following additional information: --� show all existing landscaping/vegetation. --- provide size and botanical name of proposed landscaping. This landscaping should equal the minimum landscaping requirement of $3600. - show all existing parking spaces including handicapped spaces. --� provide bike rack as required under Section 26.253(b) of the zoning regulations. --- provide gross floor area of entire building, existing and proposed. --✓ provide front yard coverage information for each of the front yards. The front yard along Timber Lane is 40 feet wide and along Kennedy Drive is 50 feet wide. Maximum front yard coverage allowed is 30%. If front yard coverage along Timber Lane currently exceeds 30%, then the proposed three ( 3 ) spaces along Timber Lane could not be approved. --- street address -=- provide all existing and proposed exterior lighting details (cut -sheets) and show locations on the plan. --7 show existing sidewalk along property frontage. --- show all dumpsters, all dumpsters should be screened. --- show access easement for dental offices to the south. MEMORANDUM TO: South Burlington Planning Commission FROM: Jane B. Lafleur, City Planner �v RE: November 17, 1987 Agenda Items DATE: November 13, 1987 2. Guiduli, 50 Timberlane Dr. Guiduli proposes to construct a 660 square foot addition to Timberlane Medical Center for his office use. This received conditional use approval from the Zoning Board on November 9, 1987. The Zoning Board minutes are enclosed. Access: Access will not change from the existing 20 foot wide driveway from Timber Lane. Circulation: With the large addition completed, circulation will be complete around the complex. Until that time, circulation is available on three sides of the building. Parking: No new parking is proposed for this addition. Three new spaces are required.. The original 23,000 square foot building required 115 spaces; 147 are available. With the addition, the 47,000 square foot building requires 235 spaces; 230 will be available. Therefore, with this addition, the property will be eight spaces short to meet the requirements. Landscaping: This $10,000 addition requires $300 in new land- scaping. The applicant does not propose any more than that which was required for the major addition. The Guiduli addition requires the removal of three 8 inch (approximate) maples and two large evergreens (approximately 20 feet in height). I believe Dr. Guiduli should be required to plant trees of an equivalent value as well as the $300 required. At the approval of the larger Timberlane addition, the Planning Commisison left the landscaping up to the Planner. Enclosed is a letter that is the result of my on site meeting with Bill Hall, County Forester, and Judy Beaudry from Green Mountain Design. Significant landscaping must be done to compensate for the tremendous loss of trees for construction of the parking lot and building as well as for a sewer and water line. The sewer and water line construction was not shown on the plans prepared by Wiemann-Lamphere. The water line location is not correctly shown. It is not located within the street. Other: See Bill Szymanski's comments. 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 7, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski. If you have any questions, please give me a call. Sinc,,7ely, /ayy6ndV�J. Belair, Zoning and Planning Assistant RJB/mcp Encl M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: February 25, 1997 Agenda Items Date: February 6, 1997 DORSET COMMONS APARTMENTS - DORSET STREET Site plan dated 10/14/94 prepared by Vermex Design is acceptable. J.W.J. REALTY - SHELBURNE ROAD The cemetery is surrounded by a chain link fence installed by the City several years ago. This fence is the property line. Plans shows this fence about 5 feet into the lot being developed. OLD STONE HOUSE FARM - VAN SICKLEN ROAD - (MULTI -FAMILY PROJECT 1. Sidewalks should be included. 2. The future road to the Auclair property to the south should have a simple curve not a reverse curve. 3. Water demand for fire protection is greater for multi -family structures than for single family. This should be checked to see if it is adequate. PEDIATRIC MEDICINE - TIMBER LANE 1. The water and sewer services should be shown on the plans unless they are internal. 2. If the addition results in added sewage, the pumping station emergency storage should be checked to see if it is adequate. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 5, 1997 John Long BLS Properties 52 Timber Lane South Burlington, Vermont 05403 Re: Medical Office Addition, 52 Timber Lane Dear Mr. Long: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from the Fire Department and myself. Comments from City Engineer Bill Szymanski will be forwarded when they are available. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, February 14, 1997. If you have any questions, please give me a call. Sinc rely, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls M E M O R A N D U M To: Joe Weith, South Burlington City Planner From: South Burlington Fire Department Re: Plans Review for February 25, 1997 Date: February 3, 1997 1. J.W.J. Realty Dated 1/16/97 1095 Shelburne Road The Fire Department is concerned with the close proximity of the hydrant to the proposed addition. If possible, this hydrant should be moved further from the building. 2. Veve Associates Dated 1/28/97 435 Dorset Street Acceptable 3. BLS Properties Dated 1/31/97 52 Timber Lane Acceptable PLANNING COMMISSION 17 NOVEMBER 1987 The South Burlington Planning Commission held a regular meeting on Tuesday, 17 November 1987, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset Street. Members Present Peter Jacob, Chairman; Mary -Barbara Maher, John Belter, Judith Hurd Also Present Jane Lafleur, City Planner; Sid Poger, The Other Paper; James Lamphere, Robert Guiduli 1. Minutes of 11/3/87 Mrs. Lafleur noted that following "... 3-30-87" at the bottom of p. 1, it should read: "..specifically C-lA, 2A, 3A, dated 8/4/8711. On p. 4, Item 4, line 1 should read "Zoning Admin- istrator" instead of "City Attorney" and line 3 should read: "..the City Attorney" instead of "him again." Mrs. Hurd moved the Minutes be approved as amended. Mrs. Maher seconded. Motion passed unanimously. 2. Site Plan application of Robert Guiduli for construction of a 660 sq. ft. single stor addition to Timberlane Medical Center, 50 Timberlane Mr. Lamphere noted the applicant wants to enlarge the optical shop for a lab and also enlarge Dr. Guiduli's office. Mrs. Lafleur said that 3 additional parking spaces would be re- quired, but Dr. Guiduli said the lot is never filled. The question of landscaping arose. Mrs. Lafleur noted that steps have been taken to restore the landscaping that has been re- moved by the present construction at Timberlane. Mr. Lamphere felt that requiring $3,-4,000 landscaping for a $10,000 additon was severe. Dr. Guiduli said they are just about at the maximum of what can be expanded now. Mrs. Lafleur acknowledged that $3-4,000 was above what would be required by this addition, but noted that in the last plan there was an enormous number of trees taken out that the Com- mission knew nothing about, and she wanted to assure this wouldn't happen again. Dr. Guiduli said he was appalled by what happened with those trees as he had located there to work in a place that looks nice. He said he would have nice shrubs and plants but didn't feel there was enough room for trees. Mr. Jacob also felt it unreasonable to replace an 8" caliper tree with an 8" caliper tree. Mrs. Lafleur said the man from UVM may have recommendations for other trypes of landscaping that does something for the building. Mr. Jacob PLANNING COMMISSION 17 NOVEMBER 1987 PAGE 2 did not feel the Commission could deviate from the landscaping formula. Mrs. Maher felt the Commission had the latitude to use its own wisdom and felt that too much was being lost. The question also arose as to whether Dr. Guiduli is part owner of the common land. Mrs. Hurd felt that $2,000 might be too high, but agreed that $300 was too low. She felt an agreement should be worked out with the City Planner, and if an agreement can't be worked out the applicant should come back to the Commission. Mrs. Hurd moved that the Planning Commission approve the site plan application of Robert Guiduli, M, for construction of a 660 sq. ft. addition to Timber Lane Medical Center, 50 Timber Lane as depicted on a plan entitled "Site Plan, Robert C. Guiduli, 50 Timber Lane, South Burlington, Vermont" prepared Wiemann Lamphere Architects, Inc, dated September 16, 1987 with the following stipulations: 1. A landscaping plan valued at not more than $2,000 shall be submitted to and approved 1?y the City Planner prior to permit. 2. Five parking spaces are approved, 8 parking spaces are waived. 3. Revised plans shall show accurate location of water and sewer lines and existing landscaping. 4. The building permit shall be obtained within 6 months or this approval is null and void. Mr. Belter seconded the motion which passed unanimously. Mr. Jacob reminded members of the site visit Saturday morning at 9:30 am. As there was no further business to come before the Commission, the meeting adjourned at 8:35. Clerk Gam; CA,)) LOT COVERAGE INFORMATION: iXffnN(; PROPOSED TOTAL PERCENT LOT AREA s s 214,050 SF 100.0 % BUILDING AREA 47,703 SF 1.200 SF 48,903 11.82% PAVED AREA 66,898 SF 972 SF 67,370 30.29 iK TOTAL COVERAGE 91.14% 92.11 *ARTaNO SPACES 230 6 236 JAN 3 1 1997 City of So. Burlington SITE PLA14 I ) CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) BLS Properties _ 52 Timber Lane, So. Burlington, VT 05403, 658-2320 2) APPLICANT (name, address, phone #) As Above 3) CONTACT PERSON ( name, address, phone #) John Long, 52 Timber Lane, So. Burlington, VT 05403, 658-2320(2 3 4) PROJECT STREET ADDRESS: 52 Timber Lane 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) Pediatric Office 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) An addition of 12.00 sn. ft. to an existing unit of 3000 sq. ft. 8) NUMBER OF EMPLOYEES 31 part-time; average of 9 working per day. (Do not anticipate an increase in number_ of employees.) 9) LOT COVERAGE: building 17.7 %; landscaped areas 55 % I Current building, parking, outside storage 28% (Addition will increase building to 18.20) 10 ) COST ESTIMATES: Buildings $ 120,000.00 , Landscaping $ N/A Other Site Improvements (please list with cost) $ N/A Landscaping/Paving: $3,000.00 11 ) ESTIMATED PROJECT COMPLETION DATE: Fall, 1997 12 ) ESTIMATED AVERAGE DAILY TRAFFIC ( in and out) 94 for. our office (Do not anticipate any increase in patient visits or traffic) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 11 12-1p.m. 2 ; 1-2 p.m. 19 ; 2-3 p.m. 13 3-4 p.m. 8 4-5 p.m. 16 ; 5-6 p.m. 3; 6-7 p.m. 0 13 ) PEAK HOURS OF OPERATION: 9:00 A.M. - 5:00 P.M. 14 ) PEAK DAYS OF OPERATION: Monday -Friday 1 41% t-�` DATE OF SUBMISSION J hIGNA URE F APPLICANT n G. Long DATE OF HEARING 5 (TE rt't�At� 5Z 'TIl�SEQ LAt�� So.T3V¢.I..ING�TON, vEczl/O� a.57 PEDIATRIC MEDICINE 52 TIMBER LANE SOUTH BURLINGTON, VERMONT 05403 TELEPHONE 802/658-2320 THOMAS C. BATES, M.D., FA.A.P. WILLIAM T. GERSON, M.D., F.A.A.P. DEBRA HARTSWICK, M.D. MARSHALL L. LAND, JR., M.D., F.A.A.P. JOHN G. LONG, M.D., FA.A.P. DELIGHT WING, M.D., FA.A.P. .January ''22, l' 9'/ Dear Sirs/Madams: Pediatric. Medicine is a partnership of six pediatricians. Because of part-time work arrangements the physicians represent. 4.5 "full time equivalents". The group has occupied its current office space at h2 Timber Lane since the 'Timber Lane Medical Center was built in J y%3. The office space was designed for three physicians and has been cramped for a number of years. The proposed addition is designed to allow adequate space for the physicians who are currently in practice. Jtis not designed to allow the practice to expand and the partners have no plants t.n increase the number of physicians or patient visit.; at. the site. Hy way of illustration J offer the following example: The industry standard is to have ; examination rooms per physician. We currently have 9 rooms, or per physician. Our proposed expansion will have 11 examination rooms. Lin a typical work day, when 4 physicians are present., this is still Jess than the standard. The majority of the new space is devoted to expansion of the waiting room, testing areas, laboratory, storage, offices and to improve handicapped. accessibility. The sire of the addition is limited by the space alJ ot.t.ed to our group by the Timber lane Medical Center Association, The office in its expanded form will not. allow the practice to grow but. will hopefully allow us to better serve our current. patient. population. As indicated on the application we do not predict a change in the number of employees or traffic in and nut of the complex. Sincerely, v" l Q .J oh (;. Long, I 1). tili,: kr^ CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) BLS Properties 52 Timber Lane, So. Burlington, VT 05403, 658-2320 2) APPLICANT ( name, address, phone #) As Above 3) CONTACT PERSON ( name, address, phone } John Long, 0 52 Timber Lane, So. Burlington, VT 05403, 658-2320 4) PROJECT STREET ADDRESS: 52 Timber Lane 5) LOT NUMBER (if applicable) 6) PROPOSED USE(S) Pediatric Office t , -7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) An addition of 1200 sa. ft. to an existing unit of 3000 sq. ft. 8) NUMBER OF EMPLOYEES 31part-time; average of 9 working per day. (Do not anticipate an increase in number of employees. 9) LOT COVERAGE: building 17.7 %; landscaped areas 55 % k Current building, parking, outside storage 28% (Addition will increase building to 18.20) 10 ) COST ESTIMATES: Buildings $ 120.000.00 , Landscaping S N/A Other Site Improvements (please list with cost) $ N/A Landscaping/Paving: $3,000.00 11 ) ESTIMATED PROJECT COMPLETION DATE: Fall, 1997 12 ) ESTIMATED AVERAGE DAILY TRAFFIC ( in and out) 94 for. our office (Do not anticipate any increase in patient visits or traffic) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon 11 12-1p.m. 2 ; 1-2 p.m. 19 ; 2-3 p.m. 13 3-4 p.m. 8 4-5 p.m.16 ; 5-6 p.m. 3; 6-7 p.m. 0 13 ) PEAK HOURS OF OPERATION: 9:00 A.M. - 5:00 P.M. 14 ) PEAK DAYS OF OPERATION: Monday -Friday DATE OF SUBMISSION tIGNATURE bF APPLICANT DATE OF HEARING G. Long �J yrrr�av� � Lb'o i ' 1 .off =.,\ 3tJQ'1 �3av/11� 25 PEDIATRIC MEDICINE 52 THVIBER LANE SOUTH BURLING 0N, VERMONT 05403 TELEPHONE 802/658-2320 THOMAS C. BATES, M.D., F.A.A.P. VnLLIAM T. GERSON, M.D., EA.A.P DEBRA HARTSWICK, M.D. MARSHALL L. LAND, JR., M.D., F.A.A.P. JOHN G. LONG, M.D., F.A.A.P DELIGHT WING, M.D., FA.A.P. January 22, 199'/ Dear Sirs/Madams: Pediatric Medicine is a partnership of six pediatricians. Because of part-time work arrangements the physicians represent 4.h "full time equivalents". The group has occupied its current office space at 52 'Timber I.ane since the 'Timber Lane Medical Gent.er was built in 1973. The office space was designed for three physicians and has been cramped for a number of years. 'The proposed addition is designed to allow adequate space for the physicians who are currently in practice. It. is not designed to allow the practice to expand and the partners have no plans to increase the number of physicians or patient visits at the sit.e. By way of illustration ) offer the following example: The industry standard is to have N examination rooms per physician. We currently have 9 rooms, or 2 per physician. Our proposed expansion will have 11 examination rooms. On a typical work day, when 4 physicians are present, this is still less than the standard. The majority of the new space is devoted to expansion of the waiting room, testing areas, laboratory, storage, offices and to improve handicapped accessibility. The sire of the addition is limited by the space Allotted to our group by the Timber lane Medical Center Association. The office in its expanded form will notallow the practice to grow but. will hopefully allow us to better serve our currentpatient population. As indicated on the application we do not predict a change in the number of employees or traffic in and out. of the complex. Sincerely, J oh C;. Long, M D, JI, : kr: City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 January 12, 1988 Gary Lavigne Wiemann-Lamphere Architects 289 College Street Burlington, Vermont 05401 Re: Guiduli, Timberlane Dear Mr. Lavigne: ZONING ADMINISTRATOR 658-7958 I have approved the revised landscaping plan for the Guiduli addition dated 1/12/88. The following conditions apply: 1) The applicant shall post a landscaping bond for $1840. 2) The bond includes the cost of relocation ($300) of three trees - 4 inch caliper maple, 8 inch caliper maple, 4 inch caliper hemlock from the area of the addition to the island in the parking lot south of the addition. If these trees do not survive after one complete growing season, new landscaping valued at an additional $300 shall be installed. A new plan must be approved by the planner at that time. 3) The other trees as shown on the plan shall be planted in the spring and the bond held for one full season to insure survival. 4) No trees in the area northeast of the addition shall be removed. Than: you for ,your cooperation with this plan. Please call. me if you have any questions. Sincerely, ff� Jane B. Lafleur, City Planner cc: Robert Guiduli Richard Ward, Zoning Administrative Officer G U �d l 5D • o"�D . �. �o rk. .i66xt, Lane" "w 5ny l cL No Text d anlu onlv, PLANNER 658.7955 City of South Burlin(vton 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 December 3, 1987 Robert Guiduli, MD Timberlane Medical Center 50 Timber Lane South Burlington, Vermont 05403 Dear Dr. Guiduli: ZONING ADMINISTRATOR 658.7958 Enclosed please find your copy of Findings of Fact. If you tiave any questions please call me. Sincerely, Jane B . Lafleur, City Planner JBL/mcp 1 Encl PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 November 25, 1987 Robert Guiduli, MD Timberlane Medical Center 50 Timber Lane South Burlington, Vermont 05403 Dear Dr. Guiduli: ZONING ADMINISTRATOR 658-7958 Enclosed are the minutes of November 17, 1987. Please be sure to submit a new landscaping plan and a revised plan showing the proper location of utilities prior to permit. You must apply for your building permit within 6 months to keep this approval valid. Please see me or Dick Ward, questions. JBL/mcp 1 Encl CC: Gary Lavigne Zoning Administrator if ,you have any Sincerely, j culx�� ' $ W-- �L Jane B. Lafleur, City Planner City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 November 12, 1987 Robert Guiduli, MD Timberlane Medical Center 50 Timber Lane South Burlington, VT 05403 RE: Guiduli Addition, Timberlane Medical Center Dear Dr. Guiduli: ZONING ADMINISTRATOR 658-7958 Enclosed are the agenda and my memo to the Planning Commission regarding your site plan application. Also enclosed are Bill Szymanski's comments. Please be sure someone is present on Tuesday, November 17, 1987 at 7:30 p.m. to represent your request. Sincerely, Jane B. Lafleur, City Planner cc: Gary Lavigne 11/17/87 JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Robert Guiduli, MD for construction of a 660 square foot addition to Timber Lane Medical Center, 50 Timber Lane as depicted on a plan entitled "Site Plan, Robert C. Guiduli, 50 Timber Lane, South Burlington, Vermont" prepared by Wiemann Lamphere Architects, Inc., dated September 16, 1987 with the following stipulations: 1. A landscaping bond valued at an amount determined by the City Planner in consultation with the UVM Extension Service shall be posted prior to permit. A revisi- plan valued at that amount shall be submitted to the City Planner for approval prior to permit. 2. Revised plans shall show accurate location of water and sewer lines and existing landscaping. 3. The building permit shall be obtained within 6 months or this approval is null and void. F A �3� "eve a I f spaces). 11/17/ ' ;\ JBL MOTION OF APPROVAL That the South Burlington Planning Commission approve the site plan application of Robert Guiduli, MD for construction of a 660 square foot addition to Timber Lane Medical Center, 50 Timber Lane as depicted on a plan entitled "Site Plan, Robert C. Guidulli, 50 Timber Lane, South Burlington, Vermont" prepared by Wiemann Lamphere Architects, Inc., dated September 16, 1987 with the following stipulations: 1. A landscaping bond valued at an amount determined by the City Planner in consultation with the UVM Extension Service shall be posted prior to permit. A revised plan valued at that amount shall be submitted to the City Planner for approval prior to permit. 2. Revised plans shall show accurate location of water and sewer lines and existing landscaping. 3. The building permit shall be obtained within 6 months or this approval is null and void. 1 CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) NAME, ADDRESS, AND PHONE NUMBER OF: a) Owner of Record Robert C. Guiduli 50 Timber Lane, So. Burlington, Ver;aont 05401 863 6748 b) Applicant Gary Lavigne, I+liemann-Larzphere Architects, Inc. c) Contact Person Gary Lavigne, 1'iiemann-La::iphere Architects, Inc. 289 College Street, Burlington, VT 05401 864 0950 2) PROJECT STREET ADDRESS: 50 Timmer Lane, So. Burlington, Vermont 3) PROPOSED USE(s) Conditional Use -- Business i-ledical Office 4) SIZE OF PROJECT: (i.e. Building Square Footage, #units, maximum height and Inf loor s 660 s . f. one floor 5) NUMBER OF EMPLOYEES (full and part time) : no additional employees 6) LOT COVERAGE: Building 21.29 %; Building, Parking, Outside Storage: 51.15 % 6) COST ESTIMATES: Buildings: $ 10,000.00 Landscaping $ 300.00 Other Site Improvements: (Please list with cost) $ none 9) ESTIMATED PROJECT COMPLETION DATE: February 1, 1988 10) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) no increase 11) PEAK HOUR(s) OF OPERATION: N/A 12) PEAK DAY (s) OF OPERATION: i,,/A r� MEMORANDUM TO: South Burlington Planning Commission FROM: William J. Szymanski, City Manager/Engineer RE: November 17, 1987 Agenda Items DATE: November 12, 1987 V Timberlane Medical Center Addition, Timber Lane 1. Water main is not in the location shown. 2. Sewage pumping station is not in the location shown. 1 FINDINGS OF FACT STATE OF VERMONT COUNTY OF CHITTENDEN CITY OF SOUTH BURLINGTON Re: Findings of Fact, application of Robert Guiduli for construction of a 660 square foot addition to Timberlane Medical Center, 50 Timber Lane. On the 17th of November 1987, the South Burlington Planning Commission approved the request of Robert Guiduli, MD for site plan approval under Section 19.10 of the South Burlington Zoning Regulations based on the following findings: 1) TRAFFIC ACCESS: Access will not change from the existing curb cut on Timber Lane. 2) CIRCULATION AND PARKING; Circulation and parking will not change. The parking lot has eight spaces less than the required amount for the total building. These spaces are waived. 3) LANDSCAPING & SCREENING: A revised landscaping plan valued at $2000 maximum shall be submitted to the City Planner for approval prior to permit. 4) OTHER: Revised lans shall show accurate location of sewer lines as well as ext4inglandsca g. Th building permit shall be obtained within /M.�U! or _i0apprl is null and void. Chai an, South Burlington nning Commission W