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HomeMy WebLinkAboutBATCH - Supplemental - 0008 0010 0012 0050 White StreetSeptember 11, 2000 Ray Belair City Of South Burlington 575 Dorset St South Burlington, VT 05403 Dear Ray: In reference to our conversation on 8/31 the following changes were made to the site plan at 50 White St. If you have any questions please call. • The existing Yews planted along the building (burned from salt damage) were removed and replaced with Junipers. • We created two new perennial beds on both sides of the walkway leading up to the entrance 7 Pe.«nn�oal 1lowio! B?4 I \� City of South Burlington Zoning permit for land development Pursuant to provisions set forth in Title 24, Chapter 117 Section 4443 subsection (1) and Section 2,7.io of the South Burlington Zoning Regulations th's permit is herebyued on this day of 1 9!/:z to in accordance with a s application approv ed by the South Burlingto Plann Commission on This perm t is subject to appeal --with rr teen 5 days from the date of issuance in accordance with Section 4443 subsection (3), Title 24 Chapter 117. 4��4A--- ministrative Officer City of South Burlington This permit allows for site improvements only it does not permit the construction or alteration of any structures. Permit is subject to conditions and bond requirements set forth by the City of South Burlington. STATE OF VER MO!NT ' JAN 2 d IM COURT } � i~71VfR0%COU�R3 In re: Appeal of } LEE ZACHARY } Docket Nos. E96--081 and E96-110 } } DF,CISION_ and ORDER. Lee Zachary, adjacx-rIti 1e11c3n :per to the parcels at 8 a d 10 While Street In South Burling",.01-1, apYA., fr::-,t two decisions regarding whether the parcels at 12 and 50 White Strut l,ad merged for the purposes of zo. 1riA. Mr. Zachary has also appealed 1 0-C'S r, rof the Pta^nlpg Commission granting site plan approval to Mr. Gabriel Handy for z pro'Ject at 8. 10, and 12 White Street. (Docket No. E96-137). These paz'rels are e.11 t;x ated at present in the Commercial 1 zoning district. Docket No. E96-06, i r ;r -appeal. from the Planning Comimission's approval of an adjustment of the bou-di'.r-, between 50 and 1.2 White Street, and Docket No. E96-110 is the appeal from the Zoning Board of Adjustment's decision affirming the Zontlg decision that the lots at l and 50 White Street had riot merged. Aprei ar-y is represented by Norman C. Smitli, Esq.; Appellee -Applicant The flan-. (the Bank) 15 represented by Austin D. Hart, Esq.; the City of South Burlington (the City) is represented by Joseph S. McLean, Esq.; and the prosper Live purchaser of and applicant for 8. 10 and 12 White Street, Gabriel Handy, is represented by Robert J. Perry, Esq. The question of whether the lets at 12 and, 50 'White Street had merged was submitted to the Court by motion for summary j: dgment. Merchants Prope ?es, w-'- obt�-,ied title to 50 White Street by two deeds, one on October 29, !965 and one on April 11, 19167. The lot a4 50 White Street is approx1mately 32,000 Square feet in size and was confOl-wing as to Minimum lot size from its creation until 19t3o, when it was reclassified in the Commercial 1 district. Since that date, it bas beet. an existing small lot. as the Commercial 1 lot size requirements have not fa>a'en below 40,000 square feet, the present minimum lot size f; r Commercial uses in that district. I From 1ts f rmatic.1, p. 1r1er9(-,Nd with the Bank, Merchants Properties, Inc., was a Bank, "ilt-111 tht _LTAk as that word Is used :-i )4 %7,7, � A a b.ran,k- -&- bank building on the lot In Perm and afluled anA automobile teller station and canopy !n —1 Ile R-anlf, obta!npd sltoa plan :or an a-dd!t;r.)r_j to the bank building In 1983. The Bank Obtifknz,-� hit-- Street on December 24, 1968, at which time the lot conta!netj division from a large(- pa T-he lor had beer, created In 1955 by 1,,�el, Part .;f which is now 8 White Street. 12 White Street Is approximately 12.o0t) square feet in size ap.(j was conforming as to minimum lot size from R,., 1964, and again, frog October 1968 through March. 1974. Thus when, the acquired the lot and when Ittore down the dwelling in 19mi0, tile jot was �Onfc','aling as to size. The lot has been vacant since 1970. Merchants PZ'Opertlla-,-z, Inc. ,1,ith the Bank on %july 25, 1979. The Bank obWriedl ,-je 'vOilte Street oa December 14, 1979 and to 8 White Street on June 30. 1981. The 8 White Street lot contains a dweulng house. The driveway to that house Tllasse3 across the 10 White Street lot. which is otherwise vacant. The qvzestion or whtether 10 White Street merged with 8 White Street, in 1.981 or at apy tl:re s!ricv then, is not before tile Court In this case. 121 White Street and tr Street did not merge as of December 24, 1968, when the Bank obtalned- 12 W.h.1te Street, because both 112 White Street and 50 White Street were complying 10AS as of that date. 12 White Street and 50 White Street- did not merge as of 1970, when, the 12 White Street lot became vp,;74nt, beca,.-ise both 12 White Street and 50 White Street were complying lots as of that date. In 1974, the 12 White 1--'tree- lot became an existing small lot due to an Increase in the mainimunj I.-,t 51ze for the district In which It was tier: Iocated. Tf the equivalent of the present §!J28-125 definition of "lot" was in the City's regulations in 1974. then the lots did not merge as of that date, because unlike 24 V.S.Q. §4406(1), the City*s t p-Ot ects I%-Jts froa erger if they I are owned by two "lot owners." egardless of th.e degree of affiliation between the owners. Therefore, -unt-111 - -0 t the two c rporations merged In 197S, the property was held by two „lot owrers,, ar,,j was Protect-ed from merger. The City's def!nitlo4n -Vf 41 1 - the prese- t §28.125 also protects from ;1 Ak- 2 merger two lots devoted t two separate and approved uses un(jer, the 'zoning regulations , r-v�­j if protect.ed the 23ank's vested rigl-ts t�) tree t2 W'j-11ft) , and .50 White St-eet had been rut when lots were; purchased. However, the bank lost this rI -I, - I __ - ' protertion f - I ? Wt,!4-f, -z'46 g I- �� �, ­ � "A' L­ � �-!S t� �'f U h _� 1 iA . a dwelling and rnaklng tt c is vacant. As an undersized 'vacant lot. the 12 White Street lot could have c_,)jntl,,-,jed 41 -existence and could have beer, developed under the terms of 24 of fille 1-974 7onin g Regulations. and 925.111 of the present. Regpjatlons, had the Bank not also owned the contiguous '10t. But the C'.fty'i regullatlorAs and state statute balance the overallV J purpose 'of phasing o,,v uses of land against a landowner's right to continlie the separate use of a parcel. -whlch has become flonCOnformIng due to changes In the zoning regulations. When the contiguous land Is in a separate and z;QP4,'4i'e and, nonaffiliated ownership, it is protected fro. -a merg,� ,-, it tloes not meet these criteria. It Iflust, be merged. In the preser-1 CUSe, this merger occurred In 19-79l when the two corporations merged, l We note that this re-�%!!t rl,��es 11c*- depend on '11e use of a minimal portion of 12 White Street ('Or the bank's driveway, but on the fact that a single property owne.r owned, t',;C- crnt1guOus pieces of property which became nonconforming as to size. We also note that the exception In Wilcox v. V1j1a9Q of Manchester, 159 Vt. 193 f 19-92 ) N snap plicable, as there Is no physical impediment to the functional use Of t' a lots as a single. lot. The two lots never tljk� P-totectlon Of §2535.1111 or 424 V.S.A. 94406(1) because the test of that sect for. Is whether the ownership Is Individual, separate and non-affiliated, not whr_­tb.pr the uses are separate. Even before the two corporations merged, the and Mairchants Properties, Inc., were affiliated owners. Toda v's decatsion that W"Itt-1 Street merged with 50 White Street In July of 1979, does not address whether the .Tanning Commission may grant a permit to sell some portion of 12 W'&,.Ite Street together with 8 and 10 White Street to Mr. I The merger occurre.(,11 In the equiva"wNrit of the present 8^28,125 definition of "lot" was not in the Citylq zoning regulatio.,j In 1974. The 1974 Regulations supplied to the --nurt did not. Include the text of 11-he defln.1tion section. R1 6`! L6 Handy, so long as that transaction would leave 50 White Street conformi ng ' to the current 49,MO ��� S;,r�' �,V;a :;,, ,.... '.r' r <, T s r .;uit;aest,on is not before the court at this time. Therefore ppc'1'_�3r t°c{ yiatir�;: for Summary Judgment Is GR-N TED and Appellee's Motior, f{3r SUMT!', Judgment is DENIED in Docket rUs. E36-1io and E96-081. We will hold a tt--Wphoije conference In Docket No. E96-137 shortly to determine how t Jci y's { t.:: s 0n a�7 j ects the appeal of or the under lying application In that case. Done at Barre, tr��w {�iJiY Li 1 hAls 244 th"day of Janual y, jgq7. nnvironmental Judge 4 MAR-11-97 TUE 16:07 use, E, . m d aap I M NO, 802-864-1960 P. 02 Jc+MIN X. aINS)" 0! CVUrrrl AOUKT 9. I1411MANN yD]:Nf;SR 0.. KNAPP KAAUN MCANVR).V OAROAAA N. t:t)RY 140O kT R. MCXLAAIN JAMr.y W. bP1NR 1OHN I). MONA11AN, )R. WYLY R_ MUR1tow 14111.Hit h. ALq I IN D.14Alt't SAMI)Pd, ROAR, ilk. Dinse, Elydmann, Kuapp & McAndrew, p.C, :ATTORNEYS AT LAW 249 HAT T ER'Y STREET P. 0. Box 918 BURLING TON, VERMONT 03401.0988 "ELEPHONE FAC511 LZ 302-964-5751 602.862.6409 Marmt3 11, 1997 FACSIMILE AND REGULAR MAIL Joseph S. McLean, Esq. Stitwl, Page & Pletcher P.O. Box 1507 Burlington, VT 03402-1507 •/r Dear Joe: 3(4v.N L ttNUDNON NOAH YAJ.4Y 3A"RA A, $TrtCkrtL MOLLY X. u; OWITZ PIMC) J. r.yNv immi0(:. W000WARV ;W1•11by J. NOLA;v DOWLAS D. LL IRUN 51i WLLIGN i.W TH, )A, J L'tTRry I. Mt;MrA11tAN CATMY `RMUJGAN NOIWAN MARA A. 1.1N4AX Of C:aa wl Z am writing to cvnfixla e1ep'r:Qne conversation of Mvnday afternoon. I understand that you have discussed tirt prop used Of Qf Lots 8 and 10 on White Street with Ray Belaire and/or Joe Weith at the City of Sou+h. Burlington, I understand that it is tre City,$ position that Lots 8 and 10 may be transferred in one coflveya= to ono buyer without the need for an Or approvals from the City, including� y permits suvdivision approval. We understand flu, it i8 the City' position that Lots 8 and 10 have mejaed an could not be conveyed separately, even though that issue was .not part of dodge Wrighp's recai,t decis on. We also underatalyst t`�,at the buyer may have to go to the City for permits or appro als if and when the buyer elects to change the use of these lots or develop these lots. Please let me know if 1 wavy misunderstood the City,3 position. Sincerely, DLNSE, URDMANN, KNAPP & MCANVREW, P,C, G� `l—"- 1� - !?ct Austin D. Hart ADH:emh cc: Rex Bell (regular mail only) 97 (TUT; i 5. ; COlt�tLVTCA" n*r v, G City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 17, 1996 Gabe Handy 21 Pine Meadow Drive Colchester, Vermont 05446 Re: Motel, 8-10-12 White Street Dear Mr. Handy: 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 July 23, 1996. Please note the conditions of approval including the requirement that a zoning permit be obtained within twelve ( 12 ) months or this approval is null and void. If you have any questions, please give me a call. nAerel, Jo e�J Weith, Cit Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 September 16, 1996 Gabe Handy 21 Pine Meadow Drive Colchester, Vermont 05446 Re: Motel, 8-10-12 White Street Dear Mr. Handy: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the August 13, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. i cere y, Jo' Weith, Ci v Planner JW/mcp 1 Encl PLANNING COMMISSION 13 AUGUST 1996 The South Burlington Planning Commission held a regular meeting on Tuesday, 13 August 1996, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Burgess, Chair; Marcel Beaudin, John Dinklage, Mark Crowf 1 1 ie k 0� bu- r<,e, Also Present: Joe Weith, City Planner; William Fead, Michael Schaal, John Hood, Dorothy & William Fisk, Larry Brainard, Scott Pennington, Karen Lorzna, John Gemery, Mark Sperry, Ralph Mitchell, Bonnie Finnigan, Ernie Nalette, Joseph Ehrler, Lou Bresee, Nancy Gomez, Heins & Sandra Valenta, Terry Boyle, Gary Farrell, Chip Ward, Tyler Hart, Carl Cobb 1. Other Business: a. Mr. Weith noted that there would not be a quorum of members to hear the last item on the agenda. Members agreed to reschedule it for 20 August. b. Mr. Weith noted receipt of a letter from George Khouri stating his opinion that a tie vote left an item open, not defeated. Mr. Weith said the City Attorney has advised that this is not the case. Mr. Khouri is also asking the Commission to reconsider the Mall's application. He says there is new information to present. He is also asking that a full Commission be present so there will not be another tie vote. Mr. Burgess said he didn't know how to honor a request for a full Commission, but whoever is present at the meeting will hear the application. Mr. Fead said he was critical of reopening the application and felt it should be a whole new hearing. 2. Reorganization of Planning Commission: This item was postponed as there was not a full Commission present. 3. Site Plan application Gabe Handy for a project consisting of 1) razing a single family dwelling and 2) constructing a 4-story, 56 room motel on a 0.83 acre parcel, 8-10-12 White Street: Mr. Dinklage moved to continue this item to 20 August 1996 as there are not enough members present who can hear the application. Mr. Beaudin seconded. Motion passed unanimously. STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMON'C 05402-1507 SMVEN F. SI7TLEL PATI'1 R. PAGE' JOSEPH S. McLEAN (•AUO ADId71 IID W N.Y.) Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 (802) 660-2555 (VOICUMD) FAX (802) 660-2552 August 29, 1996 Re: Appeal of Gabe Handy's Site Plan Approval Dear Judy: OF COUNSEL ARTHUR W.CERNOSIA ROIIERT E. FLE IVI IER Enclosed herein please find an Original duly executed Notice of Appeal along with a check in the amount of $150.00 for filing same regarding the above -referenced matter. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, Joseph S. McLean JSM/fmb Enclosure cc: Ray Belairy' SON3099.COR IN RE: GABRIEL HANDY ) 8, 10 & 12 WHITE STREET ) SO. BURLINGTON, VT ) NOTICE OF APPEAL Notice is hereby given that Lee Zachary hereby appeals to the Vermont Environmental Court the decision of the South Burlington Planning Commission on August 20, 1996, with respect to the Site Plan Application of Gabriel Handy for 8, 10 & 12 White Street, South Burlington, Vermont. DATED at Burlington, Vermont, this 22nd day of August, 1996. NCS\Zachary5.App LAW OFFICES BERGERON. PARADIS FITZPATRICK & SMITH Norman C. Smith, Esq. Attorney for Lee Zachary Bergeron, Paradis, Fitzpatrick & Smith 27 Main Street P.O. Box 925 Burlington, VT 05402-0925 (802) 863-1191 RECEIVEU AUC 2 3 1996 City of So. Burlington City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 27, 1996 Joe McLean, Esquire Stitzel & Page, PC P.O. Box 1507 Burlington, Vermont 05402-1507 Re: Appeal of Gabe Handy's Site Plan Approval Dear Joe: Enclosed please find the following documents: ZONING ADMINISTRATOR 658-7958 1) Original Notice of Appeal of Gabe Handy's site plan approval received on August 23, 1996. 2) Check in the amount of $150 made out to the Environmental Court. Please forward the Notice of Appeal and check to the Environmental Court and enter an appearance on behalf of the City. If you need additional information, please let me know. Since ely, LIT Raymond J. Belair, Zoning and Planning Assistant RJB/mcp JOHN J. BERGERON VINCENTA. PARADIS EDWARD D. FITZPATRICK NORMAN C. SMITH PRISCILLA B. DUBE DOUGLAS G. KALLEN DANIEL P. O'ROURKE OF COUNSEL: JOYCE H.ERRECART BERGERON, PARADISE FITZPATRICK & SMITH ATTORNEYS AT LAW 27 MAIN STREET P.O. BOX 925 BURLINGTON, VERMONT 03402 (802)863-1191 FAX (802) 863-5798 August 22, 1996 Mark Crow, Clerk South Burlington Planning Commission c/o South Burlington Planning Office 575 Dorset Street South Burlington, Vermont 05403 Re: Approval of Gabriel Handy Site Plan Application Dear Mr. Crow: ESSEX JUNCTION OFFICE 34 PEARL STREET P.O. BOX 174 ESSEX JUNCTION, VERMONT 05453 (802)879-6304 FAX (802) 879-8533 REPLY TO P.O. BOX 925 BURLINGTON, VT 05402 Enclosed is a Notice of Appeal I am filing on behalf of Lee Zachary. Our check in the amount of $150.00 is enclosed for the filing fee. Very truly yours, --� �/' C --�L Norman C. Smith, Esq. NCS/jlh Enclosures cc: Austin Hart, Esq. Joseph S. McLean, Esq. Robert J. Perry, Esq. Lee Zachary James Carroll IN RE: GABRIEL HANDY ) 8, 10 & 12 WHITE STREET ) SO. BURLINGTON, VT ) NOTICE OF APPEAL Notice is hereby given that Lee Zachary hereby appeals to the Vermont Environmental Court the decision of the South Burlington Planning Commission on August 20, 1996, with respect to the Site Plan Application of Gabriel Handy for 8, 10 & 12 White Street, South Burlington, Vermont. DATED at Burlington, Vermont, this 22nd day of August, 1996. NCS\Zachary5.App LAW OFFICES BERGERON, PARADIS FITZPATRICK & SMITH Norman C. Smith, Esq. Attorney for Lee Zachary Bergeron, Paradis, Fitzpatrick & Smith 27 Main Street P.O. Box 925 Burlington, VT 05402-0925 (802) 863-1191 R Ec -2. 1 AVII C L..I) AUG 2 3 1996 City of So. Burlington m I INVOICE AMOUNT INVOICE AMOUNT BERGERON, PARADIS, FITZPATRICK & SMITH OFFICE EXPENSE ACCOUNT - BURLINGTON P.O. BOX 925 BURLINGTON, VERMONT 05402 802-863-1191 CHITTENDEN TRUST COMPANY BURLINGTON, VERMONT Ir0044 S 311' 1:0 L L60006 21: II' L011146111 1 295111411' -•SECURITY FEATURES: MICRO PRINT BORDERS - COLORED BRICK PATTERN - WATERMARK & CARBON STRIP ON REVERSE SIDE - MISSING FEATURE INDICATES A COPY 58-6 116 4453 CHECK AMOUNT /y .V BERGERON, PARADISE FITZPATRICK & SMITH ATTORNEYS AT LAW 27 MAIN STREET P.O. BOX 925 JOHN J. BERGERON BURLINGTON, VF.RMONT 05402 ESSEX JUNCTION OFFICE VINCENTA. PARADIS (802) 863-1191 34 PEARL STREET P.O. BOX 174 EDWARD D. FITZPATRICK ESSEX JUNCTION, VERMONT 05453 NORMAN C. SMITH FAX (802) 863-5798 (802) 879-6304 PRISCILLA B. DUBE FAX (802) 879-6533 DOUGLAS G. KALLEN DANIEL P. O'ROURKE REPLY TO P.O. BOX 925 OF COUNSEL: BURLINGTON, VT JOYCE H.ERRECART 05402 August 13, 1996 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Re: 8/10/12 White Street Application of Gabriel Handy Ladies and Gentlemen of the Commission: We have just received word of the new application submitted by Gabriel Handy for the above property. Once again, we raise the following issues: 1. Subdivision - The Lot containing the bank branch at 50 White Street and the vacant lot at 12 White Street have merged by virtue of their affiliation. Both lots are pre-existing, nonconforming lots. A portion of the use on 50 White Street encroaches upon 12 White Street. On that basis, the two lots have merged. 2. Review Standards. a. Pedestrian and Vehicular Access - Among the factors the Commission shall consider are acceleration and deceleration lanes on adjacent public streets, sight distance improvements, and shared access with adjoining properties. There are currently severe traffic problems in the area of the intersection of Williston Road and White Street. I note that in his Site Plan Application, Mr. Handy indicates that the peak hours of operation will be from 4:00 to 7:00 p.m. His Application shows a high estimate for traffic for the period between 4:00 and 7:00 p.m. These are exactly the times during which traffic is a major problem. It is our strong contention that the Commission should consider requiring acceleration and deceleration lanes on both White Street and Williston Road. This is necessary to improve vehicular access to the Site and to make access to the Site safe. South Burlington Planning Commission August 13, 1996 Page 2 b. Circulation - The proposed connection to adjacent properties should be along the back of the properties to provide for a smooth flow of traffic among the various properties involved. As currently proposed, you will have an unsafe "zig zag" through the parking lot between 50 White Street and the Zachary Property. C. Parking - The two parking spaces at the northerly end of the basement are blocked by the entrance/exit ramp and will therefore be unavailable for use. In the event of a full use of the parking in the basement, it will be virtually impossible to maneuver around the basement to exit the area. If the connection access between the Zachary property and 50 White Street is placed along the back of the property, at least eight, and possibly more, parking spaces will be lost. 2. Snow Removal - Only a small area along to the north of the building is provided for snow storage. In the event of a major snowstorm, snow removal will be a major problem at this Site. 3. Loading Dock - Section 3 of Appendix A requires 250 square feet for each 3,000 square feet of floor area for retail business and services. Based upon a 46 by 118 foot building, with four stories, this project will have approximately 21,700 square feet of floor space. This would result in a substantial area for off-street loading and unloading. The proposal provides for loading only through the front door. This does not meet the requirement of the zoning regulations. We ask the Planning Commission believe that it has a reasonable any of the above reasons. Very truly yours, Norman C. Smith, Esq. Attorney for Lee Zachary NCS/mbw to deny this Application. We basis to deny the Application for City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658- 7955 May 10, 1996 Stuart J. Morrow Civil Engineering Associates, Inc. P.O. Box 485 Shelburne, Vermont 05482 ZONING ADMINISTRATOR 658-7958 Re: Boundary Line Adjustment Between 50 White Street and 12 White Street Dear Mr. Morrow: The boundary line adjustment between 50 White Street and 12 White Street as shown on the plan entitled "Boundary Line Adjustment Between the Properties of the Merchants Bank, The Merchants National Bank and Merchants Properties, Inc., South Burlington, Vermont," prepared by Civil Engineering Associates, Inc., dated January 1996, last revised April 17, 1996 does not constitute a subdivision. This boundary line adjustment does not constitute a subdivision for the following reasons: 1. This is not a resubdivision because the boundary line adjustment does not change an approved or recorded subdivision plat. 2. The boundary line adjustment does not result in any new developable lots . 3. The boundary line adjustment does not result in the enlargement of either lot so that it is capable of subdivision into more lots than before the adjustment. Therefore, based on the above information, this boundary line adjustment is administratively approved. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEARIN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. Dinse, Erdmann, Knapp & McAndrew, P.c. ATTORNEYS AT LAW 209 BATTERY STREET P. O. BOX 988 BURLINGTON, VERMONT 05402-0988 TELEPHONE FACSIMILE 802.864-5751 802.862-6409 May 7, 1996 City of South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Re: Merchants Bank/50 White Street --Application for Site Plan Approval Dear Commissioners: STEVEN L. KNUDSON NOAH PALEY SANDRA A. STREMPEL MOLLY K. LEBOWITZ PIETRO J. LYNN PHILIP C. WOODWARD SUSAN J. FLYNN JEFFREY J. NOLAN DOUGLAS D. LE BRUN SHAPLEIGH SMITH, JR. JEFFREY J. MCMAHAN I am writing this letter on behalf of The Merchants Bank in support of the pending application for site plan approval for 50 White Street. The specific purpose of this letter is to respond to legal objections that have been raised to approval of the site plan application. 50 White Street Has Not Merged With 12 White Street The Merchants Bank has been using the lot at 50 White Street as a bank branch since some time prior to 1983. In 1983, the Bank received site plan approval from the Planning Commission for an addition to the White Street branch. Throughout this period of time, the lots located at 8 White Street, 10 White Street, and 12 White Street have been used for separate residential uses. Section 28.125(b)(2) of the South Burlington Zoning Regulations provides that contiguous lots owned by the same owner that do not comply with minimum lot size requirements shall not be merged into a single lot if the lots are devoted to uses approved as separate uses under the South Burlington Zoning Regulations and if the uses are conducted in compliance with the terms and conditions of the approvals granted. Under Section 28.125(b)(2), the 50 White Street lot does not merge into the adjacent 12 White Street lot or 8 White Street lot. The Bank's use of 50 White Street has complied in all material respects with all approvals granted by the City of South Burlington. This is true notwithstanding the fact that the Bank has recently discovered that a portion of its driveway encroaches onto the 12 White Street lot. The 1983 site plan did not show the encroachment because the Bank relied on the tax map, which showed that the Bank had sufficient distance between the existing building and the property line to construct the driveway and comply with all applicable set -backs. It was only when the Bank performed the full survey that it discovered the encroachment. LAW OFFICES OF Dinse, Erdmann, City of South Burlington Planning Commission Knapp & McAndrew, P.c. May 7, 1996 Page 2 This inadvertent and minor encroachment does not constitute the kind or degree of non- compliance that would justify merging 12 White Street and 50 White Street into a single lot. Furthermore, the boundary adjustment applicadion that is currently pending will cure the encroachment issue. In conducting the survey, the Bank also discovered that its lot coverage at 50 White Street exceeds the 19,200 square foot lot coverage approved in the 1983 site plan. Consequently, after consulting with staff at the Planning Office, the Bank has revised the site plan to eliminate paving in the parking area to bring the site plan in line with the 1983 site plan approval. The revised site plan shows 19,200 square feet of lot coverage. The Bank accomplishes this without losing any parking spaces. The proposed site plan ensures that the lot will continue to be used in compliance with all approvals from the City. No Expansion of Non -Conforming Use Approval of the revised site plan, together with the boundary adjustment, will not constitute any expansion of a non -conforming use. As indicated on the site plan, the boundary adjustment will not change the size of either the lot at 50 White Street or the lot at 12 White Street. The small portion of the lot at 12 White Street that is being added to the lot at 50 White Street is balanced by the small portion of the lot at 50 White Street that is being added to the lot at 12 White Street and 8 White Street. Furthermore, nothing is being added to the facilities at 50 White Street that will allow any more intense use of the property than what was approved in 1983. On the contrary, as discussed above, the revised site plan will result in a decrease in lot coverage by reducing the size of the parking area. In considering this issue, the Planning Commission should keep in mind that the Zoning Regulations allow the alteration or increase of a non -conforming structure by up to 25 % of fair market value. I understand that the Planning Commission will issue a written decision incorporating its findings of fact and conclusions of law. It is important to the Bank that those fmdings and conclusions clearly reflect the Planning Commission's findings and conclusions that the lot at 50 White Street has not merged with any of the lots at 8 White Street, 10 White Street, or 12 White Street. Accordingly, the Bank requests that the Planning Commission include the following findings and conclusion in its written decision. LAW OFFICES OF Dinse, Erdmann, City of South Burlington Planning Commission Knapp & McAndrew, P.c. May 7, 1996 Page 3 The lot at 50 White Street is devoted to a use approved as a separate use under the South Burlington Zoning Regulations. The use of 50 White Street as a bank branch has been in substantial compliance with the terms and conditions of approvals granted, including the 1983 site plan approval. Provided that the Bank complies with the terms and conditions of this site plan approval, the Planning Commission finds and concludes that the lot at 50 White Street exists as a separate, independent, and approved lot that has not merged with any of the lots at 8 White Street, 10 White Street, and/or 12 White Street. Thank you for your attention to this matter. Sincerely, DINSE, ERDMANN, KNAPP & McANDREW, P.C. Austin D. Hart ADH:Ism cc: Rex Bell s: \... \caybelhweith. 507 7�odv C,2 fY k- - �� '�,G� �uv�6 ate, sti,,.�,d � MY 1 1,6MI111=1191, 60-Ims .A.Fo M- 4eL�,j ;�4d a{� sYie +w�A i �i1M�y7,•,�i 46:.M is MOTION OF APPROVAL GABE HANDY 8/13/96 JW I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2 ) construct a 56 room motel on a 0 . 83 acre parcel of land, 8-10-12 White Street, as depicted on a four (4) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 5/20/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show a fence or other adequate screening devise along the rear property line. b) The site plan shall be revised to show the future access to the Merchants Bank property shifted to the north to eliminate the slight curve. The plan shall also identify this future access with the note "Future Access to Merchants Lot." c) The plan shall be revised to provide one (1) additional handicapped parking space. d) The plan shall be revised to relocate the two (2) Littleleaf Linden trees proposed in the northern corner of the property so as not to conflict with the future connection to Zachary's. 3. The applicant shall record an "access agreement" which provides future vehicular connections between the applicant's property and the properties to both the east and west. This agreement shall be conditioned on the property owners to the east and west granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7750 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 1 5. The applicant shall post a $10,500 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. 6. All 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. 7. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed motel will generate 31.9 additional vte's during the P.M. peak hour. 8. The applicant shall obtain a zoning permit within six months pursuant to Section 27.302 of the zoning regulations or this approval is null and void. 9. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. s OG6ee.' 8/13/96 JW MOTION OF APPROVAL GABE HANDY I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2 ) construct a 56 room motel on a 0 . 83 acre parcel of land, 8-10-12 White Street, as depicted on a four (4) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 5/20/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show a fence or other adequate screening devise along the rear property line. b) The site plan shall be revised to show the future access to the Merchants Bank property shifted to the north to eliminate the slight curve. The plan shall also identify this future access with the note "Future Access to Merchants Lot." c) The plan shall be revised to provide one (1) additional handicapped parking space. d) The plan shall be revised to relocate the two (2) Littleleaf Linden trees proposed in the northern corner of the property so as not to conflict with the future connection to Zachary's. 3. The applicant shall record an "access agreement" which provides future vehicular connections between the applicant's property and the properties to both the east and west. This agreement shall be conditioned on the property owners to the east and west granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7750 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 1 5. The applicant shall post a $10,500 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. 6. All 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. 7. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed motel will generate 31.9 additional vte's during the P.M. peak hour. 8. 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. 9. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 10. Any change to the site plan shall require approval by the South Burlington Planning Commission. Memorandum - Planning August 13, 1996 agenda items August 9, 1996 Page 7 7) GABE HANDY - 60 ROOM MOTEL - SITE PLAN This project consists of: 1) razing a single family dwelling, and 2) constructing a 4-story 56 room motel on a 0.83 acre parcel of land. This project was denied on 5/7/96 (minutes enclosed). This property located at 8-10-12 White Street lies within the C1 District. It is bounded on the west by a restaurant, on the north by multi -family dwellings, on the east by a bank with drive -through service, and on the south by White Street. Access/circulation: Access is provided by a 24 foot wide ingress and egress curb cut on White Street. The plan shows an 18 foot r1�r& future access to the Zachary's and Merchants Bank properties. The Y'ro future access to the Merchant's Bank property should be shifted to awl the north to eliminate the slight curve. p Circulation on the site is adequate. Coverage/setbacks: Building coverage is 16.9% (maximum allowed is 30%). Overall coverage without the future access to the abutting properties is 69.8% and with the connection is 69.9% (maximum allowed is 70%). Front yard coverage is 29% (maximum allowed is 30%). Setback requirements are met. Parking: This project requires a total of 58 spaces and 62 spaces including two (2) handicapped spaces are being provided (12 underground and 50 above ground spaces). The plan should be revised to show one (1) additional handicapped space. A bike rack is being provided as required under Section 26.253(b) of the zoning regulations. Building height: The flat roofed portion of the building will meet the 35 foot height limitation for a flat roofed structure. The pitched roofed portion of the building will meet the 40 foot height limitation for a pitched roof structure. Applicant has indicated that there will be no rooftop apparatus which would violate the height limitation. Landscaping: The minimum landscaping requirement, based on building costs, is $10,500 which is being met. Plantings will include Littleleaf Linden, Arborvitae, Juniper and Burning Bush. The two Littleleaf Linden proposed in the northern corner of the 7 .t',-( � " nl Memorandum - Planning August 13, 1996 agenda items August 9, 1996 Page 8 property should be relocated so as not to conflict with the future connection to Zachary's. Traffic: This property is located in Traffic Overlay Zone 5 which, would allow this property to generate a maximum of 40.7 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the proposed use to generate 31.9 additional vte's. The applicant should be aware that the road impact fee will be approximately $6100. Sewer: The sewer allocation needed for this project is 7750 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Dumpster: A screened dumpster storage area is being provided. Lighting: Exterior lighting will consist of the following: --- six (6) 400 watt metal halide lamps with downcasting shielded fixtures mounted on 16 foot poles. `A --- four (4) 175 watt metal halide lamps mounted on the building with downcasting shielded fixtures. Other: The abutting landowner to the north, Hal Bensen, is requesting that a fence be installed along the applicant's rear property line to keep trash from blowing onto his property (see enclosed letter). The plan should be revised to show a fence or other adequate screening devise along the rear property line. s w� 0' PLANNING COMMISSION 7 MAY 1996 PAGE 4 5. Continued site plan application of Gabe Handy to 1) raze a single family dwelling, and 2) construct a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street: Messrs. Burgess, Crow and Austin stepped down from the Commission during this discussion due to a conflict of interest. Mr. Farrell said that since the first hearing they have reduced coverage from 69.9 % to 68.4%. They have also added 2 parking spaces for a total of 62. There had also been a question about the grade of the ramp. It is 12%. Half of the ramp would be outside, half inside the parking area. The accesses to the Zachary's lot and the Merchant's Bank lot have been removed from the plan. They now show a proposed reserved access to the center of the site if this is later approved by the Bank and Zachary's. There is a utility plan showing sewer and water services. There will be catch basins on the site which will connect to the White Street stormwater system. The building is proposed to be 2 feet higher than the pre -construction grade. It would be 43 ft. high. They have increased setbacks to allow for this extra height. Mr. Sheahan said that the building height would be a serious issue for him. Mr. Teeson said he felt the reserved access should be along the back of the property. Mr. Weith agreed. Mr. Farrell said they could live with that. Mr. Beaudin felt it was academic because Zachary's didn't want the connection as they would lose 3 parking spaces. Mr. Weith said he felt coverages should be recalculated to assume the future connections are in place. Mr. Sheahan said he felt the height is excessive and didn't feel that adding a small additional setback met the intention of the regulations. Mr. Beaudin said the height didn't bother him and noted it was a state concept to maximize growth in growth centers to prevent sprawl. Mr. Sheahan said he felt more should be done to mitigate the added height. Mr. Sheahan noted receipt of a letter from Hal Bensen regarding the placing of a fence on the back of the property. Mr. Farrell said they would put up a fence if the Commission wants it. He said he would meet with Mr. Bensen to discuss placement. Mr. Teeson said he was concerned about loading and unloading and asked where it would take place. Mr. Farrell said probably in the basement area. Mr. Galvin said deliveries are typically in the afternoon which are in and out in 20 minutes. PLANNING COMMISSION 7 MAY 1996 PAGE 5 Mr. Beaudin noted the Commission is being asked to waive 4 parking spaces for the future connections. He said he was not happy with that and felt they should make an arrangement with an adjacent neighbor for extra parking. Mr. Farrell said the connection is not required for this approval, so there would be no shortage of parking. Mr. Weith said there has to be a decision as to whether the future connections are important. If they are, there would have to be a waiver or a reduction in hotel rooms or an arrangement for extra parking spaces. Mr. Sheahan said he would be very uncomfortable waiving the future connections. Mr. Beaudin said he couldn't waive the 4 parking spaces. Ms. Barone agreed. She also questioned where snow would go and whether it would take up parking spaces. Mr. Farrell said they would remove snow from the lot if necessary. Mr. Teeson felt that pedestrian access was more important than vehicle access between the lots. He also felt it was safer. Mr. Sheahan said the Commission couldn't know how things will look in 20 years or so. Mr. Teeson agreed, but felt that if the connection never happens, it was wrong to put the burden on this developer. Mr. Weith said a decision needs to be made at this meeting due to time constraints. He suggested approving 56 rooms and then if the applicant can negotiate an agreement with the Merchants, it could be amended to 60 rooms. Mr. Zachary said he has a parking problem now and didn't want the connection. He felt too much was being asked of him. He said he has adequate parking for his business, but cars from Dunkin' Donuts and the Hair Salon are using up his spaces. Mr. Smith said it is their feeling that the property is maxed out. He felt that circulation would be horrible. He noted it is virtually impossible to back out of the proposed parking spaces in the northwest corner. He found it hard to believe there would be no support columns in the basement. If there are columns, they will take up parking spaces. If all the parking spaces in the garage are used, someone would have to back up the ramp to get out. He also felt it would be impossible to get a truck in to remove snow. He asked that the application be denied. Mr. Woods said there is a structural plan that shows columns and they don't affect parking. Mr. Weith said these should be shown on the plan to be sure there is adequate parking and circulation. Ms. Barone said she would like to see the building only 3 stories. Mr. Beaudin felt there is too much on the site. PLANNING COMMISSION 7 MAY 1996 PAGE 6 Mr. Sheahan said he agreed with both Ms. Barone and Mr. Beaudin. Ms. Barone moved the Planning Commission deny the site plan application of Gabe Handy to 1) raze a single family dwelling, and 2) construct a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street. Mr. Beaudin seconded. The motion to deny passed 3-1 with Mr. Teeson opposing_ Mr. Sheahan. acting as Chair. stated that the application had been denied. Messrs. Burgess, Austin, and Crow rejoined the Commission. 6. Discuss proposed zoning amendment regarding home industries: Mr. Weith said the Zoning Administrator has asked that the Zoning Regs be amended to create a "home industry" designation. Home occupation is a use that's customary. In a home occupation, the work is confined to the home. Things such as hair salons, retail and woWshops would not be allowed. A "home industry" would allow more uses and also allow use of an accessory structure on the lot. It would be a conditional use. Mr. Sheahan said he was very uncomfortable with this. Mr. Weith said he would be concerned with uses along higher volume roadways. Mr. Teeson said he would be concerned with noise issues. Members agreed that if the Zoning Administrator or Zoning Board wanted to present a case for this, the Commission would listen, but at present no one favored the concept. As there was no further business to come before the Commission, the meeting was adjourned at 9:10 p.m. Clerk 1� -�a C Y` 1, S.M. i00.000 (Asw MeA) I A, STk C..S. KttTF.' IITAQ EST l e \ leTo CoO.NE .&Meq Q OFFATC-tq ¢ono AN! VXWTF S'( D 15A5EAAcIJT P,..I1Z1c1KI�l pL A1\1 SCA�c: 1— - 20' S) T E P L'k t4 Sc111.c7 1` = zv' FU l V E E ACCESS To 2ALM. eY LOT. 1401 r s : .ALL DIME1`451ONS TC BC VE2!FIEO AT THE SITE P,y Thf L'CN'12AC7U1?. AN eRQnR 0? PaINTS !Q rlulf T!cN MUST PS tL EI-FZ rEn TO THE AQCNIT7T OR CVINCr? P07 A 1j ECISTOr4 75eF-c2E PeCCCFn 1114 4 MITI+ TH E Wcv1t. -NOTES: n f(1�ti SHOWN = 62 SPACES PARICINCJ_ RECIIUIRFA se 2PAC[S LGT CCVEI7A(gc - 1. L AOSC APt-D A2 rA- 30.27'r'(WITN C,-NNl(TL'M` 1' 30.1 % W1,Fm FprvT .1Aap Ccvfaar,t , 3C7 TOTAL A?rA ^ .6N AC RCS $r'o Ac9 Ai2[A . F11 T.'4AVn ;CT PAC v.. AREA; 91"At cFPU!L01n+4. MD5T OF THE SNOIII WILL F,E TWCvtb CFF SITE. 1�(Vgm CcNNuTICNI)= UT cc:evAcr- IF CCNNECTICN IS PAAn[ T67AC14ATcy ANC AN1, MCnCwA.NT5 FtNIC. Le M AY 3 1 1996 City of So. Burlington QE VISgM1 5-20-°IL REJISFo vtv%sr4 2.-I1-06 TFYr1c+ t-le- oil ce%"$0 f -q-SL Crvl Seu i- 45-17C QEVISCo I-3T-eL V. PEINT I- IS-94 City of South Burtington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 August 9, 1996 Gabe Handy 21 Pine Meadow Drive Colchester, Vermont 05446 Re: Motel, B-10-12 White Street Dear Mr. Handy: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, August 13, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. i cere , J Weith, C ty Planner JW/mcp Encls 14, GV#' os 51 CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) � _? .- 3Aaa iyl ckl-��I rs �A�t�c , �'���z [ c= jc�2- r �G��x �i�lrcr�/� Vi _ L-%5. Jic 1 2) APPLICANT (name, address, phone #)fJG�" 3) CONTACT PERSON (name, address, phone -�M /91-= AWIVDII n/z ` 61'e12I�eW 1, kleV65�'rl5i "6J f'-,46 z6 4) PROJECT STREET ADDRESS: W111 r6 5%,?C-25r 5) LOT NUMBER (if applicable) 6) PROPOSED USE (S) 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) UA/i7� 4.5alj� y tJ/� U�i�/4 H�,= �� ' 22, 3 i2 5,Z l=i. TnrA 4. 9� (5 � e) 8) NUMBER OF EMPLOYEES 3 9) LOT COVERAGE: building ± ,g %; landscaped areas .30, 2 % building, parking, outside storage 0 % 10) COST ESTIMATES: Buildings $ Landscaping $ lC; SC�� Other Site Improvements (please list with cost) $ IS,LsC,)O, -' 11) ESTIMATED PROJECT COMPLETION DATE: /1� Gc'%iCi A5 f�55/13[C 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out) Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon hl 12-1p.m. 5 1-2 p.m. 2-3 p.m. ` 3-4 p.m. 4-5 p.m. Cc 5-6 p.m. le- 6-7 p.m. 13) PEAK HOURS OF OPERATION : -/,-. T-WY--1 14) PEAK DAYS OF OPERATION: I"///al/ DATE OF SUBMISSION DATE OF HEARING IGNATL OF APPLICANT No Text FORM NR-1 6*,r - g, /v /� i 6 5% COMPUTATION OF TOTAL NON-RESIDENTIAL IMPACT FEES PROJECT DATA: (1) "EFFECTIVE DATE" FOR TAX CREDITS: (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS r vph (3) ESTIMATED PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (From current tax assessment). units (4) TOTAL FLOOR AREA AFTER CONSTRUCTION �� s . f . ( 5 ) TYPE OF USE �((? ( 6 ) TYPE OF CONSTRUCTION IMPACT FEES: (7) TOTAL ROAD IMPACT FEE (From Form NR-2) 7j74L -- I/ C�j kr,/ FORM NR-2 COMPUTATION OF ROAD IMPACT FEES (1) BASE ROAD IMPACT FEE RATE PER PEAK HOUR VEHICLE TRIP END (2) ESTIMATED PEAK HOUR VEHICLE TRIP ENDS (From form NR-1) (3) BASE ROAD IMPACT FEE (1) x (2) (4) PRE -CONSTRUCTION VALUE IN UNITS OF $1,000 (from line (3) of Form NR-1) _ (5) CREDIT PER $1,000 OF PRE - CONSTRUCTION VALUE (From Table ST-3) $ (6) CREDIT FOR PAST TAX PAYMENTS (4) x (5) $ 221.72 / vte , q vte 0 0 units 3 L / unit (7) POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (From line (8) on Form NR-3) MM 'D 7 units (8) CREDIT PER $1,000 OF POST - CONSTRUCTION VALUE (From Table ST-4) $ �' / unit (9) CREDIT FOR FUTURE TAX PAYMENTS $ (7) X (8) 93�!ra (10) TOTAL ROAD IMPACT FEE (3) - (6) - (9) $ 6�� ��� FORM NR-3 ESTIMATION OF POST CONSTRUCTION VALUE (1) TYPE OF USE (From line (5) on form NR-1) (2) TYPE OF CONSTRUCTION (from line (6) on Form NR-1 (3) TOTAL FLOOR AREA (From line (4) on Form NR-1) (4) ESTIMATED IMPROVEMENT VALUE PER SQUARE FOOT (From Table ST-5) (5) ESTIMATED VALUE OF IMPROVEMENTS (3) x (4) (6) LAND VALUE (From current tax records) (7) ESTIMATED POST -CONSTRUCTION VALUE (5) + (6) (8) ESTIMATED POST -CONSTRUCTION VALUE IN UNITS OF $1,000 (7) / $1,000 Mc-,,iEL JL 6p- - s.f. s.f. Z $ r7Gi a3( $ yU� units I FORM 911 VERMONT WARRANTY DEED }^ `7TUTBLAw% of G�ti iE.�EO , \\� of South Burlington in the County of Chittenden and State of Vermont Grantor , in the consideration of -------------------------------- -TEN AND MORE ($10)------------------------- Dollars paid to my full satisfaction by WILLIAM H. O'BRIEN, JR. and TIMOTHY P. O'BRIEN of Burlington in the County of Chittenden and State of Vermont Grantees by these presents, do freely Mup. (6rant. #e11. Clnnueu Anb Confirm unto the said Grantees WILLIAM H. O'BRIEN, JR. and TIMOTHY P. O'BRIEN and their heirs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: I A lot of land with all buildings thereon, situated on the northerly side of White Street, the dwelling house known and designated as No. 4 White Street, said lot having a frontage on White Street of fifty-four (54') feet and uniform depth of One Hundred Thirty (130') feet, and bounded as follows: Southerly by said White Street, westerly by land and premises now or formerly of one Agel; northerly by land and premises formerly of LaPlant; easterly by a strip of land (9')nine feet wide which constitutes a right of way or driveway to the north- easterly corner of the within conveyed land and to said premises fcrmerly owned by the LaPlants. Being all and the same lands and premises conveyed to Harold and Blanche Abrams by John Reid by his Deed of Warranty, dated February 5, 1963 and of record in Volume 61, Page 452 of the City of South Burlington Warranty Deed Records. This is not my homestead premises. Being all and the same lands and premises conveyed to Grantor herein by Warranty Deed of Harold and Blanche Abrams, dated October 1983, and recorded in Volume Page Ny4-9i of the Land Records of the City of South Burlington. Reference is made to Document entitled "Assignments of Rights and Obligations", from Norman D. Brochu to Sheila D. Brochu, dated September 29, 1983 and recorded in Volume 1°I , Page of the Land Records of the City of South Burlington. The lands and premises hereby conveyed are subject to the obligations to contribute a proportionate share of the costs of snow removal and maintaining said driveway as set forth in the Quitclaim Deed of Hallmatt, Inc., to Sheila D. Brochu dated October 1983, and recorded in Volume 1,1)1� , Page ,?SY-Sclof the Land Records of the City of South Burlington. Reference is made to Quitclaim Deed of Hallmatt, Inc., to Sheila D, Brochu, dated October_, 1983, and recorded in Volume Page �Asg-T of the Land Records o.f the City of South Burlington and to Quitclaim Deed of Sheila D. Brochu to Hallmatt, Inc., dated October aq" , 1983, and recorded in Volume V71-A_, Page c of the Land Records of the City of South Burlington. ^ Reference is hereby made to the above -mentioned instruments, the records thereof, the references therein made and their respective records and references, all in further aid of this description. x 96- City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 30, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced projects from City Engineer Bill Szymanski, Fire Chief Wally Possich and myself. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Monday, August 5, 1996. If you have any questions, please give me a call. Sincqt�ly, Raymond J. Belair, Zoning and Planning Assistant RJB/mcp Encls cc: Gabe Handy M E M O R A N D U M To: Applicants/Project Files From: Raymond J. Belaij�oning and Planning Assistant Re: Preliminary Comments, August 13, 1996 agenda items Date: July 30, 1996 HOSPITALITY INNS, INC. - ADD RETAIL SHOPS - REVISED FINAL PLAT --- provide cut -sheets for the pole lights. --- will there be any new building mounted lights? If so, submit details and show locations on plan. --- provide estimated cost of building improvements. --- show all dumpsters, dumpsters should be screened. --- a bike rack should be provided as required under Section 26.253(b) of the zoning regulations. --- indicate total number of parking spaces required and total number of spaces available with the parking garage plan. SALLY & ROBERT TORNEY - ADD DWELLING UNIT - REVISED FINAL PLAT --- plan submitted is acceptable. GABE HANDY - 56 ROOM MOTEL - SITE PLAN --- the future access to the Merchants Bank property should be shifted to the north to eliminate the slight curve. --- indicate building coverage. --- the applicant should be aware that any roof top apparatus is included in the 35 foot height limitation. --- indicate the number of rooms with one (1) bed and number of rooms with two (2) beds (for sewer calculation). --- the plan should show a fence or other adequate screening devise along the rear property line. 1 M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for August 13, 1996 Agenda Date: July 29, 1996 I have reviewed the listed site plans and my comments are as follows: 1) Ledge Knoll, Phase III Dated 6/4/96 Hinesburg Road Project No. 85083-53 An additional hydrant is needed at/near lot 28; otherwise, acceptable. 2) 14 Cottage Grove 5th apartment Dated 6/3/96 Project No. 06-8847 Acceptable 3) New Motel Dated 6/5/96 White Street Project No. 9604 Acceptable 4) Gracies Store Addition Dated 6/3/96 Hinesburg Road Project No. 9607 Parking area indicated at front of addition will restrict emergency vehicle access between parking area and gas pump area; otherwise, the addition is acceptable. 5) Sheraton Inn Williston Road Acceptable Dated 5/30/96 Project No. 95088-53 M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, South Burlington City Engineer Re: August 13, 1996 Agenda Items Date: July 29, 1996 LEDGEKNOLL PHASE III - HINESBURG ROAD 1. The island between the cul-de-sac and the new development shall be at least 4 feet in width. The two foot width is to narrow for signs that have to be installed. 2. Footing drains should be equipped with back flow preventers especially those that connect to the street storm system. 3. Storm water detention basins shall be maintained by the Home Owners Association. 4. Telephone and electric lines should be installed outside of the street r.o.w. in an easement. 5. Trees must not be planted on top of utility lines especially water and sewer lines. 6. The large vacant land in the north-east corner should have a 60 foot r.o.w. to access it. SHERATON INN - WILLISTON ROAD 1. Site plan dated 4/29/96 prepared by Trudell Engineering is acceptable. NEW MOTEL (HANDY) - WHITE STREET 1. Site plan should include contour and elevations. 2. Surface drains shall include elevations and pipe sizes. 3. Site includes several mature trees they should be shown and which will be saved. TORNEY PROPERTY - COTTAGE GROVE AVENUE 1. Site plan received 5/20/96 is acceptable. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 June 6, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-4-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the May 7, 1996 Planning Commission meeting minutes. If you have any questions, pease give me a call. JW/mcp 1 Encl cc: Gabe Handy Memorandum May 7, 1996 May 3, 1996 Page 3 - Planning agenda items Parking: A total of 14 parking spaces are required and 23 spaces including one (1) handicapped spaces are available. The revised parking lot layout meets the dimensional standards. Dumpster: The dumpster storage area will be screened. 5) GABE HANDY - 60 ROOM MOTEL - SITE PLAN This application was continued from the April 9, 1996 meeting (minutes enclosed) due to the lack of a quorum at that meeting for this particular item. This project consists of: 1) razing a single family dwelling, and 2 ) constructing a 4-story 60 room motel on a 0.83 acre parcel of land. This property located at 8-10-12 White Street lies within the Cl District. It is bounded on the west by a restaurant, on the north by multi -family dwellings, on the east by a bank with drive -through service, and on the south by White Street. Access/circulation: Access is provided by a 24 foot wide ingress and egress curb cut on White Street. The plan shows an 18 foot future access to the Zachary's and Merchants Bank properties as discussed at the March 12, 1996 meeting. Staff recommends that the future connection to Zachary's should be shown in the northwest corner of the property. A circuitous connection through the property will better discourage cut -through traffic. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 16.9% (maximum allowed is 30%). Overall coverage is 68.4% (maximum allowed is 70%). Front yard coverage is 29% (maximum allowed is 30%). Applicant should also provide overall coverage information for the site assuming the connections are made to the two (2) adjoining lots. Applicant should assure that the 70% maximum coverage will still be met. Setback requirements are met. Additional setback requirements are needed because the building is five (5) feet higher than allowed (see discussion on building height). This building meets the added setback requirements. Memorandum May 7, 1996 May 3, 1996 Page 4 - Planning agenda items Parking: This project requires a total of 62 spaces and 62 spaces including five (5) handicapped spaces are being provided (12 underground and 50 above ground spaces). A bike rack is being 'fs provided as required under Section 26.253(b) of the zoning�N regulations. The Planning Commission will need to waive four (4) �s spaces to accommodate future connections to adjoining properties. Landscaping: The minimum landscaping requirement, based on building costs, is $10,500 which is being met. Plantings will .',�� include Littleleaf Linden, Arborvitae, Juniper and Burning Bush. ra4A% Traffic: This property is located in Traffic Overlay Zone 5 which would allow this property to generate a maximum of 40.7 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the proposed use to generate 35.2 vte's. The applicant should be aware that the road impact fee will be approximately $6600. Sewer: The sewer allocation needed for this project is 7950 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Building height: This building is proposed to be 45 feet in height which is five (5) feet higher than permitted under Section 25.113(a) of the zoning regulations. Section 25.113(b) of the zoning regulations allow the Planning Commission to approve an increase in height for a structure up to 45 feet if the Commission determines that a taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations. These criteria include the following: (i) Will utilize topography and will relate to other existing and proposed structures so as to be aesthetically compatible with the neighborhood; (ii) will not detract from scenic views of adjacent properties or public streets and walkways; and (iii) will allow retention of additional green space that will enhance the appearance of the developed property. The additional setbacks required for a taller structure under Section 25.113(c) are being met. 4 Memorandum - Planning May 7, 1996 agenda items May 3, 1996 Page 5 Dumpster: A screened dumpster storage area is being provided. Lighting: Exterior lighting will consist of the following: --- six (6) 400 watt metal halide lamps with downcasting shielded fixtures mounted on 16 foot poles. --- four (4) 175 watt metal halide lamps mounted on the building with downcasting shielded fixtures. Other: The abutting landowner to the north, Hal Bensen, is requesting that a fence be installed along the applicant's rear property line to keep trash from blowing onto his property (see enclosed letter). 6) PROPOSED ZONING AMENDMENT - HOME INDUSTRY Zoning Administrator, Dick Ward, has requested that the Planning Commission consider a proposed amendment to the zoning regulations to allow "home industries" in residential districts. State Statute currently allows by right "home occupations" in residential districts. Home occupations must be "customary" in the residential area and must be confined to the primary dwelling (i.e., cannot be conducted in a garage or accessory structure). The proposed home industry concept would expand the types of commercial uses potentially allowed in a residential district, such as a furniture maker or baker. It would also allow the business to be conducted in a garage or accessory structure. The home industry use would require conditional use approval by the ZBA. The benefits of a home industry include increasing economic development opportunities for the City's residents. The potential for adverse impacts in a residential neighborhood are increased, however, these concerns would hopefully be avoided or adequately controlled through conditional use review. If the Planning Commission is supportive of this concept, it will need to decide if such uses should require site plan approval. 5 JOHN M. DINSE, COUNSEL ROBERT H. ERDMANN SPENCER R. KNAPP KAREN MCANDREW BARBARA E. CORY ROBERT R. MCKEARIN JAMES W. SPINK JOHN D. MONAHAN, JR. EMILY R. MORROW RITCHIE E. BERGER AUSTIN D. HART SAMUEL HOAR, JR. Mr. Joseph Weith Citv Planner City of South Burlington 575 Dorset Street So. Burlington, VT 05403 Dinse, Erdmann, Knapp & McAndrew, P.c. ATTORNEYS AT LAW STEVEN L. KNUDSON NOAH PALEY 209 BATTERY STREET SANDRA A. STREMPEL P. 0. BOX 988 BURLINGTON, VERMONT 05402-0988 MOLLY K. LEBOWITZ PIETRO J. LYNN TELEPHONE FACSIMILE PHILIP C. WOODWARD 802-864.5751 802-862-6409 SUSAN J. FLYNN JEFFREY J. NOLAN DOUGLAS D. LE BRUN SHAPLEIGH SMITH, JR. JEFFREY J. MCMAHAN May 10, 1996 Re: Merchants Bank/50 White Street - Application for Site Plan Approval Dear Joe: I am writing to follow up on a couple of the issues left unresolved after the public hearing before the Planning Commission on May 7. 1. I submitted to the Planning Commission at the May 7 hearing a letter asking that certain language be inserted in the findings and fact and conclusions of law that would confirm that the lot at 50 White Street has not merged with the lots at 8 White Street, 10 White Street, or 12 White Street. I would repeat my request that this or comparable language be included in the written findings and fact and conclusions that you are drafting on behalf of the Commission. In any case, I would appreciate it if you could send me a copy of the findings and conclusions as soon as those are available. 2. In a letter dated April 25. Norm Smith; on behalf of I_pe .Zachary, annealed_ to the Zoning Board of Adjustment the decision contained in Dick Ward's letter, dated April 10, 1996. Is the ZBA going to honor Norm Smith's request? If so, I would appreciate it if you could send me a copy of the notice of hearing before the ZBA. If the ZBA is going to honor Norm Smith's request, The Merchants Bank would request that the ZBA rule on the merits of the merger issue, and not just on Mr. Ward's decision to defer to the Planning Commission. 3. Since the Planning Commission approved the 50 White Street site plan at the May 7 hearing, is Dick Ward now in a position to issue a decision as Zoning Administrator that the lot at 50 White Street has not merged with adjacent properties? LAW OFFICES OF Dinse, Erdmann, Knapp & McAndrew, P.c. May 10, 1996 Page 2 I look forward to hearing from you. Thank you for your assistance. Sincerely yours, DINSE, ERDMANN, KNAPP & MCANDREW, P.C. Austin D. Hart ADH: emh cc: Joe McLean, Esq. Rex Bell May 31, 1996 Joe Weith, City Planner 575 Dorset Street South Burlington, VT 05403 Re: Motel, 8-10-12 White Street Dear Joe: REAL ESTATE, INC. Enclosed please find the following materials for use in connection with the above referenced application by Gabe Handy and the required $2.5'00 application fee: 5 .s Revised Site Plan/SP-1 (three copies) Revised Site Plan/SP-1 (one 11x17 copy) Revised Elevation/A-6 (one copy) In response to the Planning Commission's recent discussion and action on his application, Gabe made a number of modifications to his plan that should be noted. Parking_ Spaces: Remains at 62 with a provision for future connections to the Zachary and Merchants Bank properties on either side in the configuration recommended by staff. Two handicapped spaces are now planned adjacent to the main entrance of the facility. Column locations for the underground parking are depicted on the plan. Number of Rooms: Reduced to 56, so as to be in compliance if and when future connections are required to be made to the neighboring properties resulting in the loss of four spaces. Building Height: Building redesigned with a flat roof at 35', and a small area of pitched roof at 40' (to accommodate the elevator tower), both above pre -construction grade, eliminating need for a height waiver. Setbacks: Reduced to the allowed 40' front yard and 15' side yard, facilitating improved traffic circulation on the site. Coverage: Total now stands at 69.8%. Would increase .1 % to 69.9% with the future vehicular connections to the neighboring properties. Entrance Canopy: Has been removed to allow a more generous (28' wide) two-way access thru the property. Residential - Commercial - Business Brokerage - Property Management P.O. Box 923,125 College Street - Burlington, Vermont 05402 - 802-658-6666 - 800-221-0636 - Fax 802-860-2424 205 Dorset Street - South Burlington, Vermont 05403 9 802-863-5516 - 800-451-5004 - Fax 802-863-1602 Joe Weith 5/31 /96 Page 2 Loading: Provided at the front entrance with the removal of the canopy. All deliveries are made in UPS -type vehicles with a 5 - 10 minute duration typical. No tractor -trailer deliveries are anticipated and no restaurant use is requested nor planned for the facility. Fencing: Although not depicted on the plan, fencing along the northern boundary line will be provided at the request of, and in collaboration with, the adjoining property owner, Mr. Hal Benson and the planning staff. Gabe is also willing to provide appropriate fencing and signage along his common boundary with Mr. Zachary in a continuing effort to cooperate with Mr. Zachary and insure that the 8-10-12 White Street project in no way exacerbates any existing parking problem Mr. Zachary may have on his property. I communicated this offer personally to Mr. Zachary by telephone. Snow Storage: The dumpster has been relocated to provide a designated snow storage area at the N/W corner of the building. Similar to Gabes other locations, snow will be removed off -site in the event of freak or extreme conditions so as to not diminish the available parking on -site nor encroach upon the neighboring properties. We trust we have adequately addressed all of the concerns expressed by various planning members and staff regarding this project. We believe it meets not only the letter of the zoning ordinance, but the spirit as well, and is in character and harmony with all of the developed uses and facilities that surround this location. We request that you reschedule us before the Planning Commission at its earliest possible convenience. Sincerely Yours, Eric Farrell Commercial Broker Enclosures CC: Gabe Handy City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 17, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the Findings of Fact and Decision on the approved referenced project denied by the Planning Commission on May 7, 1996. If you have any questions, please give me a call. Sincerely, Joe Weith, P-4 City Planner JW/mcp 1 Encl cc: Gabe Handy Austin Hart, Esquire 5/7/96 JW MOTION OF APPROVAL GABE HANDY I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2) construct a 60 room motel on a 0.83 acre parcel of land, 8-10-12 White Street, as depicted on a five (5) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 3/21/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show the future connection to the property to the west (Zachary's) to be located in the northwest corner of the property. b) The site plan shall be revised to include the overall coverage information for the site assuming the connections are made to the two (2) adjoining lots. Overall coverage shall not exceed 70%. c) A final drainage plan shall be submitted to the City Engineer for approval. 3. The applicant shall record an "access agreement" which provides future vehicular connections between the applicant's property and the properties to both the east and west. This agreement shall be conditioned on the property owners to the east and west granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7950 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 5. The applicant shall post a $10,500 landscape bond prior to 1 6. Pursuant to Section 25.113(b) of the zoning regulations, the Planning Commission approves this structure with a maximum height of 45 feet. It is the Planning Commission's opinion that this taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations and with the additional setbacks required under Section 25.113(c) of the zoning regulations. 7. All 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. 8. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed motel will generate 35.2 additional vte's during the P.M. peak hour. 9. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants a parking waiver for four (4) parking spaces which will be lost in the future when the connections to the adjoining properties are constructed. 10. Prior to issuance of a zoning permit, the applicant shall submit elevations showing pre-existing grade, proposed grade, and building height. 11. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 12. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 13. Any change to the site plan shall require approval by the South Burlington Planning Commission. S 1 C� w�„q. rg ' . •'i I .'' Y MOTION OF APPROVAL GABE HANDY 5/7/96 JW I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2 ) construct a 60 room motel on a 0. 83 acre parcel of land, 8-10-12 White Street, as depicted on a five (5) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 3/21/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show the future connection to the property to the west (Zachary's) to be located in the northwest corner of the property. b) The site plan shall be revised to include the overall coverage information for the site assuming the connections are made to the two (2) adjoining lots. Overall coverage shall not exceed 70%. c) A final drainage plan shall be submitted to the City Engineer for approval. 3. The applicant shall record an "access agreement" which provides future vehicular connections between the applicant's property and the properties to both the east and west. This agreement shall be conditioned on the property owners to the east and west granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7950 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 5. The applicant shall post a $10,500 landscape bond prior to 1 6. Pursuant to Section 25.113(b) of the zoning regulations, the Planning Commission approves this structure with a maximum height of 45 feet. It is the Planning Commission's opinion that this taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations and with the additional setbacks required under Section 25.113(c) of the zoning regulations. 7. All 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. 8. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed motel will generate 35.2 additional vte's during the P.M. peak hour. 9. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants a parking waiver for four (4) parking spaces which will be lost in the future when the connections to the adjoining properties are constructed. 10. Prior to issuance of a zoning permit, the applicant shall submit elevations showing pre-existing grade, proposed grade, and building height. 11. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 12. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 13. Any change to the site plan shall require approval by the South Burlington Planning Commission. J Ar 4;1-? / I & 1)6 -, 4 - - Z�� SEC- LTtI!,E I{nAI�Y olooq 3 -/ �'Anl G-vAG-E PLANNING COMMISSION 12 March 1996 page 5 for one. No other issues were raised. 6. Site plan application of Gabe Handy to 1) raze a single family dwelling and 2) construct a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street: Messrs. Austin and Crow stepped down due to a conflict of interest. Mr. Farrell said the motel would be a 4-story building with full basement. He felt they could meet the required 62 parking spaces. The plan shows a 22 ft. access to Zachary's Pizza lot. Zachary's had 3 parking spaces on this lot which they will lose because of the access. The applicant is questioning the need for this access as they feel it impinges on their ability to meet parking needs. They also question the need for access to the Merchant's Bank lot which eliminates one parking space. Lighting will be from metal halide. units on poles and on the building face. There will be landscaping around the perimeter. Mr. Handy has a shuttle service to the Airport, so many patrons won't have cars. Mr. Farrell felt they wouldn't need all the required parking. They are asking for a 12-month approval as they feel they cannot get built in this construction season. Mr. Sheahan asked what is being done to mitigate the 45' building height. Mr. Farrell said they will increase the front setback to 45 ft., the side yard to 17.51. He felt they complied with the zoning provisions. Mr. Farrell noted it is a pitched roof building. Mr. Burgess reminded the applicant that the 45 ft. includes rooftop apparatus, so the applicant can have no air conditioning units on the room. Mr. Farrell said they understand that. Mr. Beaudin asked how steep the ramp is into the basement. Mr. Handy said it drops 6 ft. in 45 ft. Mr. Beaudin said he would like to see a plan that includes Zachary's and their parking. Mr. Farrell asked what they can do to avoid making the accesses to Zachary's and the Merchant's. Mr. Weith said staff feels both connections are beneficial. He wasn't sure the one to Zachary's PLANNING COMMISSION 12 MARCH 1996 PAGE 6 can be required because of the 3 parking spaces issue. He also noted that without the cooperation of the Merchants Bank, he didn't think they could require the link now. He said staff would like an access agreement so if the Merchant's allows it in the future, it can be put in. Mr. Teeson said he would prefer to see the connection further to the rear of the property. Mr. Sheahan asked if there would be any food service at this motel facility. Mr. Farrell said there would not. Members then reminded the applicant that the building height must be measured from the pre -construction grade. If it is measured from the new grade, it will be 2 feet too high. Mr. Burgess warned the applicant they will be required to remove that footage if it is too high. Rex Bell of the Merchants said they need to consider access between the Post Office and Merchants and have it make sense. Norman Smith representing Zachary's raised several issues: a) He questioned whether this should be viewed as a subdivision as there are three lots and this lot doesn't exist yet. 12 White St. has become affiliated with 50 White Street, and it is his belief these lots have merged. b) This is a maximum use of this lot close to a bad intersection. He was concerned with safety because of traffic. c) Parking requirements are minimums and he feared people from the motel will use adjacent parking lots, especially the Zachary's lot. d) There is no place for snow storage. e) The development doesn't fit the character of the neighborhood. Mr. Weith reminded members that this is a traffic overlay district and all they can look at is access. Mr. Beaudin was concerned there is no drainage plan shown. Mr. Farrell said the assumption is it would sheet drain to grassed areas. They are not looking at a collection point. Mr. Beaudin said he would like to see topography. Mr. Burgess asked Mr. Weith if these lots are considered merged, noting that under Vermont law non -conforming adjacent lots under same ownership are deemed to have merged. Mr. Weith said that 2 years ago when the Commission updated the regulations, they specifically addressed the issue of when lots merged. If there PLANNING COMMISSION 12 March 1996 page 7 are 2 separate lots that have been used for different uses, they remain separate. Mr. Burgess asked if the Commission has the right to change state law. Mr. Weith said the City Attorney's opinion is that if it is specifically addressed, it can be done. If it is not specifically addressed, State law applies. He noted that he had not presented to the City Attorney the issue of the boundary line adjustment being involved in such a circumstance. He suggested delaying a motion to get an opinion on that and to get a plan with contours. Mr. Teeson said he didn't envision this kind of thing happening when the Commission made that regulation. Mr. Bell said that Merchant's Bank " s counsel said there would be no problem. Mr. Smith noted the Merchant's lot actually encroaches on 12 White Street, so they are nct being separately used. Members were uncomfortable making any decision on this without advice from the City Attorney. They also want to see a plat with access as discussed. Mr. Beaudin said he wants a stipulation that a drainage plan has been approved by the City Engineer. He also wanted a plan showing existing grades. Mr. Wulfson, representing Zachary's read a letter into the records opposing the project because: they felt it is a sub- division, storm water runoff, lack of snow storage, problems with emergency vehicle access. They felt it should be a PCD with no new curb cut, shared parking, interconnectivity, and a scaled back development. Mr. Sheahan moved to continue the application until April 9 pending legal opinion from the City Attorney. Ms Barone seconded. Motion passed unanimously. 7. Site Plan application of Merchant's Bank to amend a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service, 50 White Street: Mr. Bell said they have learned that pavement encroaches onto Lot 12. They propose a boundary line adjustment. The lots don't change in size, just skirt the paved areas. They will enclose the dumpster. Mr. Smith asked what is being approved here as he feels the question of subdivision applies here. Mr. Burgess said they are changing the site plan, relocating the drive and surrounding the dumpster. Mr. Weith suggested continuing this application to get the same questions settled. LaLI,) 5 1 1 p I NY' fLUEOU LE It LA I41I0jCI LA1jIN I�dMh 4�IZM4 1(B.^TLcIVOITIPNI 61A 0 14M. TILE LTIf LINAf ----T1LLA Cbrt nATA - --Il_ "LO' SALI[n DuvUP '1=4'.3 ALAMCAMAtRCMVITAI TNuJA ocetorNTAys 1 d' 46' P-ALLNL "LAP -4'. LZ Q SA4teMlii•.IVNIOE4 .1VNIPlrIVS CMINEHSS 1v 1 44L NALLCO lVOIAP - .2711 L ISUPIMG AVSR ><VOM `fmv% ALATJf 24, I u1, 1 -LL[E {YQLAP , e, _--� NOT E s" ALL nIMt MSIO NS TC1 P,c 'irviL'IF7 AT UIE S17E M1f THE CON70ACTG2. dNy _EQ2op 612..POIR15 IN (aUESTIeN MVST SF_ QGF E2PEn Td THEPQt14IT17LT DR OLV NEV FDP A D1{GI SIGN L16YTIN4 SVITFMS,Ims,-- BC PORE- P¢OL'EE91NC. WITW TNr' DhOFL NO, MVM-A.4w-SMu-►_ •�, GIr k, 4co w SU ftlf Mtl�l YJL, IfF - fLAT LtNS Zo�w - LI6NTIN4 TYSTO-1 INL.- - *1 )tL rJJ.MV$-A-IT$-SMN-p - 1W,ITS- SVPh9 MhTAL HALIDE. - 5e> -4 AR Lt,T. 'FLAT Lkwt 12aV A5 i-414 ALl— 44e NVFA47Vlttl, CV patF J LId NTIIJ 1, 5vSTFMI INL. 4 �: d � I I � .sr _ � I I�phi LIGIJjIIJ4 oN F I 'i BUIL41n'q CAP IW6 Nd7E�- PAYKIetGFdR CA25 - 62 SPICE3 LOT CLYEPAGG-AE&4'/o LAWnSCAPED A2EA' 11.6°. F(26NT `/n¢n CCVEPACE- 29 RECEIVku APR 0 "+ 1996 City of So. Burlington Ylty, I'M j -2 RMSC- Z-2 fLF�11M t_ rttY'Aro L-C s ev rA-c MT G • 4A+1 F Ly' L� Fd Q r1�IrI r'r' E=aE 16 , LA L1 Far•�r,� 3�an r.% rI L� o G" 7 jitl �v ti tiP-1Ca M �', L=i vl � oo.wN ew�eK�o )AN. 'Ilk suu 11NfN• �o fECT • NO. �be4 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 3, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski, and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, May 7, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. itcerely, J e Weith, C ty Planner JW/mcp Encls HAL BENSEN, Realtor One Executive Drive P. O. Box 2363 South Burlington, Vermont 05401 April 26,1996 802-864-6465 Mr.Joe Weith,City Planner 575 Dorset St. South Burlington,Vermont,05403 Re: March 12,1996 application Gabe Handy item 6. Dear Joe: In confirmation of my recent Phone call with you regarding the captr- tioned application: As the abutting landowner I am concerned that a fence of some kind be required with the proximity of my Residential buildig to the rear property line. I have been told that this does NjRkE a cleanup problem with the Zachary lot not having afence up. Aleffa,�y I hope this apparent oversight on the y approval can be made right on the Handy approval. -e 7 Si e ely, j Harold B. Bensen 113 MAW" LWWQ 8"V's REALTORS MLS HIGHEST STANDARDS OF PROFESSIONAL SERVICE PLANNING COMMISSION 9 April 1996 page 2 mission agreed to hear the applications as the first item on the 7 May work session agenda. 4. Continued site plan application of Gabe Handy to 1) raze a single family dwelling, and 2) construct. a 60-room motel on a 0.83 acre parcel of land, 8-10-12 White Street: Messrs. Burgess, Crow and Austin said they would have to step down on this item due to a conflict of interest. That would result in only 3 members remaining on the Board to hear the application. Since a quorum of the Commission is required, members agreed they could not hear the item at this meeting. Mr. Sheahan moved that the appl.ication be continued to 7 May. Ms. Barone seconded. Motion assed 3-0 with Messrs. Bur ess Crow and Austin abst.ainincg. 5. Continued site plan application of Merchants Bank to amend a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service, 50 White Street• Messrs. Burgess, Crow and Austin could not participate in this application due to a conflict of interest. Since a quorum of the Commission would be required to hear the item, members agreed that the application would have to be postponed. Ms. 6. Site plan application of Champlain Valley Sunoco to convert 175 sq. ft. of a service station with a car wash use to convenience store use, 1143 Williston Rd: Mr. Isham said he took over as dealer on 1 January 1996. He said they would be increasing the amount of space where things are sold. In the past this area was a front office where chips, soda and candy were sold. Now they will add other items to these. They have gotten a second class liquor license. Mr. Sheahan asked if they will still maintain the service bay. Mr. Isham said they would. Ms. Barone asked if there is enough room for the 14 parking spaces that should be on the plan but are not shown. Mr. Isham said there is plenty of room. Mr. Sheahan said his main concern is traffic. The applicant is above the allowable number of trip ends and has not proposed City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 25, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the April 9, 1996 Planning Commission meeting minutes. If you have any questions, please give me a call. er; ff Jo Weith, ` City Planner JW/mcp 1 Encl City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 15, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of the March 12, 1996 Planning Commission meeting minutes. If you have any ques�4ons, please give me a call. JW/mcp 1 Encl erel i Jo We i th, CiTv Planner Lee Zachary 3 Sledrrtnner Rd. 5helhurne, VT 05482 VIA FAOSTNM—E - $02-658-4748 William Burgess City of S, Burlington Planning tornmission 575 Dorsot Street S. Burlington, VT 05403 Dear Bill, The purpbse of this letter is to explain the reasons, other than pare legal objections', to the proposed detielopment of 10, 12, and 5+0 W}zite Street 'u€+; experience has been that when people overdevelop a ncncvnforraing limited use property, the impact is not on the City or thern, but it is on the adjacent neighbors. It is the neighbors, trteir customers., and (heir employees that pay, for the e*es$es of nonconforrniug lots. For example: O'Brien has possibly five: to six pa6i-ng places.. However, they have tanning beds, skin treatiinent, five chairs and a waiting area for six to eight castor:). rs. The result is that they use!abusd thee, wighbors parking; places. O'B *M Is Cars 4-6 employees 5 4-6 cdstormers getting hair cut 5 34 customers waiting � Tuta1 13 lass allotted parking _-_6 NOighbor impact 7 The same is true f4�r L unicin Donuts, Mer3 ill's Thr.,ater, C trlson's Travel Agency, and the Post Office, just to name; :he most obvious off-t ders. This applicant will do the same it you let it happen. This bad and abusive sitil.stion is exteneied hurther by bad weather. Snow, lee, and plowing ale all worsl- because of neighbor misuse. r My at'.otve has chnllenged the whole lYgality of tl,.e pl:Ln and tticre is no response. W Id'. the plat: o1i' ti'te street, die reabs,)rption and u- .tear sb0u14.1 part of the proposal. The proposed plan nn-al,�s nu provision for the t:acwa-ir;Jk:,• to,,acl. Jfi-V-1 Who will stay over, or th'% people who Wald ilia'- w'er tG ,£C' :: T )()TIi bns',t (;'I t�43, �, i?i!) i fG:;)i g Lhe ni., ll2it.0 ge compwiy„ not ,..o Sherrie -a the iPlaccess1Lliity for='l:1Gryt',?l:::y' Tilt :bsign should be such that thr:e is surplus sl':ace, nc'�t u'ie absolute; rninisr u"'F- Fie surface will floors the neighbors, part'icuiarly Yii winter and spring s}.irract; a.re frcrZer:. They will push snow unto .heir Deigiibors. Pierk is no roam to lead and rernovC ,:1g the City road or their neighbor's. 11 he. applican! should provide storage, varl hig, And e iergency iaccessfegress on its own land. on the IAssues of mazes--,/Ve,io'ss and ;M,,ercorliiec?",ilry: if dhe Williston Road area is to survive coavaercially, limited access should not be the norm. The bath and post officd are very significant traffic generators. The combination ct hi --,,xi, baLnj: and ;post office requires imercon=tiyivy or the bad White Street/Willisten Road situarlon %A! become intolerable. The applicam should shr nit. down the project and provide a good pedes,,ria.n and vehicular pa_sage at the rear of the property. To allow this type of over developsnei'it or, noncorforinLig lots places the burden and penalty on those that conform. This applicant has not obtained a variance �-;nu the lot is roncomolying. Why is such extensive development being facilitated? The ow,,ner has a the obligation of providing connectivity and developing the property to not u,.iversely i-ripaci on die n:ig.libors. The Plawiing Comr.russion approval of this project as proposed extiustes th •ri ;Torn the process and sets the stage for neighilor to neighbor fighting. This is not how it should work. The courts are clogged and expensive. This project sliould stop right here n Planning anti each of these issues should be dealt with in detail. The City, the applicant and t_i'+e neigl=.hors have better things to do than to delegate planning and compliance to the courts. I respectfully ask for very serious consideration andreview anki n=? approval for this applicant. Sincerely, Lee Za 5/7 (f-,r-A �� 4A�j 9(-( 00 auor tj/&v /%k4ce-/ -e kk/0- Mm- r 4/9/96 JW MOTION OF APPROVAL GABE HANDY I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2 ) construct a 60 room motel on a 0 . 83 acre parcel of land, 8-10-12 White Street, as depicted on a five (5) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 3/21/96, with the following stipulations: 1. All previous approvals and stipulations which are not superseded by this approval shall remain in effect. 2. The plans shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan shall be revised to show the future connection to the property to the west (Zachary's) to be located in the northwest corner of the property. b) The site plan shall be revised to include the overall coverage information for the site when the connections are made to the two (2) adjoining lots. Overall coverage shall not exceed 70%. c) A final drainage plan shall be submitted to the City Engineer for approval. 3. The applicant shall record an "access agreement" which provides future vehicular connections between the applicant's property and the properties to both the east and west. This agreement shall be conditioned on the property owners to the east and west granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7950 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 5. The applicant shall post a $10,500 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. 6. Pursuant to Section 25.113(b) of the zoning regulations, the Planning Commission approves this structure with a maximum height of 45 feet. It is the Planning Commission's opinion that this taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations and with the additional setbacks required under Section 25.113(c) of the zoning regulations. 7. All 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. 8. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed motel will generate 35.2 additional vte's during the P.M. peak hour. 9. Pursuant to Section 26.256(b) of the zoning regulations, the Planning Commission grants a parking waiver for four (4) parking spaces which will be lost to the future connections. 10. Prior to issuance of a zoning permit, the applicant shall submit elevations showing pre-existing grade, proposed grade, and building height. 11. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 12. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 13. Any change to the site plan shall require approval by the South Burlington Planning Commission. Memorandum - April 9, 1996 April 5, 1996 Page 2 Planning agenda items --- Section 26.20 of the zoning regulations apply to this subdivision because the remaining lot will have no frontage on a public street. Under this circumstance, the subdivision is subject to the requirements for a major subdivision which requires both preliminary plat and final plat approvals. --- the preliminary plat should differentiate between a r.ow. line, a property line and a zoning boundary line. 4) GABE HANDY - 60 ROOM MOTEL - SITE PLAN This project consists of: 1) razing a single family dwelling, and 2) constructing a 4-story 60 room motel on a 0.83 acre parcel of land. This application was continued from the 3/12/96 meeting (minutes enclosed). This property located at 8-10-12 White Street lies within the C1 District. It is bounded on the west by a restaurant, on the north by multi -family dwellings, on the east by a bank with drive -through service, and on the south by White Street. Access/circulation: Access is provided by a 24 foot wide ingress and egress curb cut on White Street. The plan shows an 18 foot future access to the Zachary's and Merchants Bank properties as discussed at the March 12, 1996 meeting. Staff recommends that the future connection to Zachary's should be shown in the northwest corner of the property. A circuitous, connection through the property will better discourage cut -through traffic. Circulation on the site is adequate. Coverage/setbacks: Building coverage is 16.9% (maximum allowed is 30%). Overall coverage is 68.4% (maximum allowed is 70%). Front yard coverage is 29% (maximum allowed is 30%). Applicant should provide overall coverage information for the site when the connection is made to the two (2) adjoining lots prior to permit issuance. Setback requirements are met. Additional setback requirements are needed because the building is five (5) feet higher than allowed (see discussion on building height). This building meets the added setback requirements. 2 Memorandum - Planning April 9, 1996 agenda items April 5, 1996 Page 3 Parking: This project requires a total of 62 spaces and 62 spaces including five (5) handicapped spaces are being provided (12 underground and 50 above ground spaces). A bike rack is being <.F, provided as required under Section 26.253(b) of the zoning regulations. The Planning Commission will need to waive four (4) �\ �f spaces to accommodate future connections to adjoining properties. Landscaping: The minimum landscaping requirement, based on l building costs, is $10,500 which is being met. Plantings will include Littleleaf Linden, Arborvitae, Juniper and Burning Bush.t Traffic: This property is located in Traffic Overlay Zone 5 which , would allow this property to generate a maximum of 40.7 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the proposed use to generate 35.2 vte's. The applicant should be aware that the road impact fee will be�((,� approximately $6600. \\ Sewer: The sewer allocation needed for this project is 7950 gpd. V The applicant will be required to pay the per gallon fee prior to permit issuance. Building height: This building is proposed to be 45 feet in height which is five (5) feet higher than permitted under Section 25.113(a) of the zoning regulations. Section 25.113(b) of the zoning regulations allow the Planning Commission to approve an increase in height for a structure up to 45 feet if the Commission determines that a taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations. The additional setbacks required for taller structure under Section 25.113(c) are being met. Dumpster: A screened dumpster storage area is being provided. Lighting: Exterior lighting will consist of the following: VVV --- six (6) 400 watt metal halide lamps with downcasting shielded fixtures mounted on 16 foot poles. --- four (4) 175 watt metal halide lamps mounted on the building with downcasting shielded fixtures. 3 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 5, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Comments from City Engineer Bill Szymanski and Fire Chief Wally Possich were sent to you at an earlier date. Please be sure someone is present on Tuesday, April 9, 1996 at 7:30 P.M. to represent your request. If you have any questions, JW/mcp Encls please giv7 me a call. Sfnc relyV Joe eith, City Planner Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 8 6) GABE HANDY - 60 ROOM MOTEL - SITE PLAN This project consist of: 1) razing a single family dwelling, and 2) constructing a 4-story 60 room motel on a 0.83 acre parcel of land. This property located at 8-10-12 White Street lies within the Cl District. It is bounded on the west by a restaurant, on the north by multi -family dwellings, on the east by a bank with drive -through service, and on the south by White Street. Access/circulation: Access is provided by a 24 foot wide ingress and egress curb cut on White Street. Access is also being provided to the property to the west (Zachary's Pizza) by a 22 foot wide driveway connection. This connection was recommended by staff, however, there are some complications. A requirement to allow this connection was conditioned on the Zachary's Pizza site plan application several years ago. Unfortunately, when this condition was placed on the approval, the Commission agreed to require it only if the new applicant (i.e., motel) would provide on their property three parking spaces for the exclusive use by Zachary's Pizza. As can be seen on the site plan, the applicant is not meeting their own parking requirement, let alone 3 additional spaces for Zachary's+y, Pizza. Based on discussions with the City Attorney, the Planning Commission can not require the motel property to provide 3 spaces for Zachary. Therefore, the only way this connection can be provided is if the applicant is willing to provide 3 additional spaces. Or, if Zachary's Pizza is willing to amend the recorded agreement to no longer require the 3 spaces on the adjoining land 1 as a prerequisite to opening the connection. I have discussed this issue with a representative of Zachary's Pizza and it does not appear that they are willing to give up the required 3 parking spaces. Access is also being provided to the bank property to the east with an 18 foot wide driveway, at staff's suggestion. Section 26.104 of the zoning regulations encourages access to adjoining properties. Staff understands that the bank is not in favor of this mutual. access. The landscaping plan should show this access. Circulation is adequate. Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 9 Coverage/setbacks: Building coverage is 16.9% (maximum allowed is 30%). Overall coverage is 69.9% (maximum allowed is 70%). Front yard coverage is 29% (maximum allowed is 30%). Setback requirements are met. Additional setback requirements are needed because the building is five (5) feet higher than allowed (see discussion on building height). This building meets the added setback requirements. Parking: This project requires a total of 62 spaces and three (3) additional spaces are needed to implement the access agreement. A total of 60 spaces including four (4) handicapped spaces and a bike rack is being provided (12 underground spaces and 48 above ground spaces). The northwesterly most parking space (adjacent to the access to Zachary's) is substandard in size and should be eliminated. This results in 59 spaces being available. This represents a three (3) space shortfall. Landscaping: The minimum landscaping requirement, based on building costs, is $10,500 which is being met. Plantings will include Littleleaf Linden, Arborvitae, Juniper and Burning Bush. Traffic: This property is located in Traffic Overlay Zone 5 which would allow this property to generate a maximum of 40.7 vehicle trip ends (vte's) during the P.M. peak hour. ITE estimates the proposed use to generate 35.2 vte's. The applicant should be aware that the road impact fee will be approximately $6600. Sewer: The sewer allocation needed for this project is 7950 gpd. The applicant will be required to pay the per gallon fee prior to permit issuance. Building height: This building is proposed to be 45 feet in height which is five (5) feet higher than permitted under Section 25.113(a) of the zoning regulations. Section 25.113(b) of the zoning regulations allow the Planning Commission to approve an increase in height for a structure up to 45 feet if the Commission determines that a taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations. The additional setbacks required for taller structure under Section 25.113(c) are being met. Dumpster: A screened dumpster storage area is being provided. .01 'A k d Memorandum - Planning March 12, 1996 agenda items March 8, 1996 Page 10 Lighting: Exterior lighting will consist of the following: --- six (6) 400 watt metal halide lamps with downcasting shielded fixtures mounted on 16 foot poles. --- four (4) 175 watt metal halide lamps mounted on the building with downcasting shielded fixtures. 7) MERCHANTS BANK - SITE MODIFICATIONS - SITE PLAN This project consists of amending a previously approved site plan for a bank with drive -through service. The amendment consists of site modifications to paved areas serving the drive -through service. This site was last reviewed by the Planning Commission on 10/25/83 (minutes enclosed). It was discovered that a portion of the drive -through lane encroaches onto the adjacent property (i.e., 12 White Street). The applicant is proposing a boundary line adjustment to correct the situation. This boundary line adjustment requires only administrative approval, it does not require Planning Commission approval. Since the site plan for the Merchant's Bank property is somewhat different from the original plan approved on 10/25/83, it requires Planning Commission approval to amend. This property located at 50 White Street lies within the Cl District. It is bounded on the north by a residential/commercial complex, on the west by a single family dwelling (proposed to be developed with a motel), on the east by a post office and on the south by White Street. Access/circulation: Acc a 47 foot curb cut on Wh post office also exists. Staff suggests that the the proposed motel site motel plans but not this Circulation is adequate. ess is provided by a 24 foot curb cut and ite Street. A 27 foot wide access to the No changes proposed to these accesses. applicant consider providing an access to to the west. This access is shown on the plan. Coverage/setbacks: Building coverage is 9.2% (maximum allowed is 30%). Overall coverage is 70% (maximum allowed is 70%). Front yard coverage is 70% (maximum allowed is 30%). This is an existing situation which will not be made worse by this application. 10 Preliminary Comments - Planning March 12, 1996 agenda items January 31, 1996 Page 2 --- portions of lots 10-13, 20, 21, 35-39 and 42 are located in a non -buildable area as shown on the SEQ zoning map. Since development activity is proposed in a restricted area, the applicant must address the criteria in Section 6.606 of the zoning regulations. For preliminary plat review, applicant should delineate the wetlands on the property to show that lots #35 - 39 and portions of lots #21 and 29 are not in a wetland area. Applicant should also verify that there is not a stream and associated C.O. District along the easterly boundary. --- portions of lots #36-38 which are located within a CO zone can not be developed unless the requirements of Section 3.50 of the zoning regulations are met. Applicant should explain purpose of C . O. District shown on the plan and submit a written report addressing Section 3.50 of the zoning regulations. --- staff suggests that a r.o.w. be reserved to the south between lots #6 and 7 or in the vicinity of lot #3. --- applicant should provide a 20 foot pedestrian easement to access the open space to the north. GABE HANDY - 60 UNIT MOTEL - SITE PLAN --- plan should include lot dimensions and lot size. --- minimum landscaping requirement of $10,500 is not being met. Landscaping proposed is $5676 short of the requirement. Plan should be revised to add more landscaping to meet the requirement. Staff recommends street trees instead of crabapples along the street. --- indicate location of nearest fire hydrant. --- a total of 62 parking spaces are required and 60 spaces are being provided. Applicant should be prepared to justify this shortfall. --- parallel parking spaces must be at least 22 feet in length. --- indicate snow storage area. --- provide building elevation. --- the road impact fee will be approximately $6600. --- provide total number of per person sleeping spaces (for sewer calculation) . --- a portion of a parking space is located within the driveway to Zachary's property. --- applicant is encouraged to provide a connection with the Merchants Bank property to the east as described in the enclosed "Notice of Condition of Site Plan Approval". 3/12/96 JW MOTION OF APPROVAL GABE HANDY I move the South Burlington Planning Commission approve the site plan application of Gabe Handy to: 1) raze a single family dwelling, and 2 ) construct a 60 room motel on a 0 .83 acre parcel of land, 8-10-12 White Street, as depicted on a two (2) page set of plans, page one (1) entitled "New Motel, Mr. Gabriel Handy, South Burlington, Vermont", prepared by Gordon Woods, Architect, dated January, 1996, last revised 2/28/96, with the following stipulations: 1. All previous approval and stipulations which are not superseded by this approval shall remain in effect. 2. The plan shall be revised to show the changes listed below and shall require approval of the City Planner. Three (3) copies of the approved revised plan shall be submitted to the City Planner prior to permit issuance. a) The site plan and landscaping plan shall be revised to eliminate the access driveway to the property to the west (Zachary's Pizza). Both plans shall be revised to add three (3) standard size parking spaces (i.e. 9'x 18' dimensions) at the northwest corner of the site. b ) The driveway connection to the property to the east (i.e., Merchant's Bank) shall be identified as a "Future Drive Thru Connection". Until such time as the connection is constructed, the area of the drive thru shall be maintained as green space. c) The notes on both plans shall indicate that 62 parking spaces are to be provided. 3. The applicant shall record an "access agreement" which provides a future vehicular connection between the applicant's property and the property to the east. This agreement shall be conditioned on the property owner to the east granting reciprocal access between the subject properties. The applicant shall submit such an agreement to the City Attorney for approval prior to permit. The agreement shall be recorded in the land records prior to issuance of a zoning permit. 4. The Planning Commission approves a sewer allocation of 7950 gpd. The applicant shall pay the per gallon fee prior to permit issuance. 1 5. The applicant shall post a $10,500 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. 6. Pursuant to Section 25.113(b) of the zoning regulations, the Planning Commission approves this structure with a maximum height of 45 feet. It is the Planning Commission's opinion that this taller structure will comply with the criteria in Section 25.113(b)(i) - (iii) of the zoning regulations and with the additional setbacks required under Section 25.113(c) of the zoning regulations. 7. All 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. 8. For the purpose of calculating required road impact fees under the South Burlington Impact Fee Ordinance, the Planning Commission estimates that the proposed change in use will generate 35.2 vte's during the P.M. peak hour. 9. The applicant shall obtain a zoning permit within six (6) months or this approval is null and void. 10. The applicant shall obtain a Certificate of Occupancy\Compliance from the Administrative Officer prior to occupancy of the motel. 11. Any change to the site plan shall require approval by the South Burlington Planning Commission. 2 BERGERON, PARADISE FITZPATRICK & SMITH ATTORNEYS AT LAW JOHN J. BERGERON VINCENTA. PARADIS EDWARD D. FITZPATRICK NORMAN C. SMITH PRISCILLA B. DUBE DOUGLAS G. KALLEN DANIEL P. O'ROURKE OFCOUNSEL: JOYCE H.ERRECART March 11, 1996 Joe Weith South Burlington 575 Dorset St. South Burlington, 27 MAIN STREET P.O. BOX 925 BURLINGTON, VERMONT 05402 (802) 863-1191 FAX (802) 863-5798 City Planning Office VT 05403 Re: Gabriel Handy Proposal - White Street Dear Mr. Weith: ESSEX JUNCTION OFFICE 34 PEARL STREET P.O. BOX 174 ESSEX JUNCTION, VERMONT 05453 (802)879-6304 FAX (802)879-6533 REPLYTO P.O. BOX 925 BURLINGTON, VT 05402 I represent Lee Zachary, the owner of a property which borders the land for which Gabriel Handy has submitted a proposal for a sixty room hotel. This proposal is currently scheduled for Site Plan review before the Planning Commission this Tuesday, March 12, 1996. We have several concerns with this project. I will address them in order. Application The Zoning Bylaws require the Site Plan to show lot dimensional information. The Plans submitted by Mr. Handy do not contain any dimensional information. As such, we believe the Site Plan is incomplete and does not contain the data necessary for a proper review. Review Standards Traffic: This project has many problems from a traffic perspective. It is very close to the intersection of White Street and Williston Road. We are concerned that, the proposed high density use of this property will create massive traffic problems at the intersection. The customers of the new hotel will be entering and exiting the property at precisely the same times that traffic is heaviest in the area, namely, during the morning and evening rush hours. We are gravely concerned that the traffic snarls which will occur at the intersection will seriously and adversely affect traffic flow along Williston Road and the ability of customers to get in and out of Mr. Zachary's property. Joe Weith March 11, 1996 Page 2 Snow Removal• The proposed high density use of this property will also cause problems with snow removal. Simply put, there is no place to store snow on the property. This would result in hotel customers attempting to park on Mr. Zachary's property during major snow storms, which would affect Mr. Zachary's ability to remove snow from his parking lot and would adversely affect his business. Parking: The proposal already is two spaces short of the minimum parking requirements. I note that, the Bylaws provide for minimum parking; the Commission has the authority to require additional parking. Such a requirement would be appropriate in this case. Parking in this area is already inadequate. Customers at O'Brien's Hair Salon, the Dunkin Donuts and Merrill's Cinema all use Mr. Zachary's property for parking. When the proposed hotel is near capacity, anyone visiting a guest will have no place to park. If the three employees each use their own vehicle, there will not be sufficient parking. If spaces are used in the Winter for snow storage, there will be a further shortage in spaces. The parking situation in the area is bad and getting worse. This proposed high density use will only increase the problems in the area, especially for Mr. Zachary. Pre-existing Small Lots - Merger Under both Vermont Law and the South Burlington Zoning Ordinance, the Merchants Branch lot and the three lots which are the subject of the Handy proposal have merged. This is clearly shown by the fact that, a portion of the parking lot for the bank branch is actually located on the lot at 12 White Street. The Bank is attempting to rectify this situation in a separate boundary adjustment proceeding before the Planning Commission on the same evening the Commission will review the Handy proposal. The two lots are clearly "affiliated" under the Vermont Statute and the Zoning By -Law. Neither the Bank Branch lot nor the three lots meet the minimum dimensional requirement for the zone. Based on that fact, the bank cannot now separate these lots into two parcels. Please pass these concerns on to the members of the Planning Commission. We plan to attend the hearing on Tuesday, and will voice these concerns at the hearing. Very truly yours, Norman C. Smith, Esq. NCS/mlr CITY OF SOUTH BURLINGTON SITE PLAN APPLICATION 1) OWNER OF RECORD (name, address, phone #) 2) APPLICANT (name, address, phone # 3) CONTA T PERSON (name, address, phone #) L,6,2 46 V 21 M".O-OZ r 5 Q 4) PROJECT STREET ADDRESS:O" 5) LOT NUMBER ( i f applicable) 6) PROPOSED USE(S) A*W r 7) SIZE OF PROJECT (i.e. total building square footage, # units, maximum height and # floors, square feet per floor) jgy ice, 11 --:� Z &2;,e i t ,� .:z 5 y s 8) NUMBER OF EMPLOYEES 9) LOT COVERAGE: building L%tj %; landscaped areas 30.% building, parking, outside storage ,C; % 10) COST ESTIMATES: Buildings $ �/00 , Landscaping Other Site Improvements ( please list with cost') 11) ESTIMATED PROJECT COMPLETION DATE: IZlLfw -J6 11 V 12) ESTIMATED AVERAGE DAILY TRAFFIC (in and out)d C4412 Estimated trip ends (in and out) during the following hours: Monday through Friday 11-12 noon _S 12-1p.m. _; 1-2 p.m. .3 ; 2-3 p.m. S 3-4 p.m.,/5 4-5 p.m.-2t--) 5-6 p.m.A,:�> ; 6-7 p.m.,-2r) 13 ) PEAK HOURS OF OPERATION:- L 7^ 0 — %- 14) PEAK DAYS OF OPERATION: . ATE OF SUBMISSION SIGNATURE OF APPLICANT DATE OF HEARING PLEASE SUBMIT FIVE COPIES AND ONE REDUCED COPY (11 X 17) OF THE SITE PLAN WITH THE FOLLOWING INFORMATION: Lot drawn to scale (20 foot scale if possible). Location of streets, abutting properties, fire hydrants, existing buildings, existing landscaping. Existing and proposed curb cuts, pavement, walkways. Proposed landscaping plan (number, variety and size) equal to or greater than the required amount in the Zoning Regulations. Number and location of Parking Spaces: (9' x 181) with 22 or 24 foot aisles as required. Number and location of handicapped spaces as required. (see Table 26-1 of zoning regulations). Location of septic tanks (if applicable). Location of any easements. Lot coverage information: Building footprint, building, parking, and outside storage, landscaped areas and front yard. Location of site (street # and lot #). North arrow Name of person or firm preparing site plan and date. JCaoT Lal,lCi F " ALL %LtA1h$10 MS TC, t[ 'If f IV%#1S aT. IWN 11Tt MN TXY_,iu'1 .fTGICTCSL ANY AMEYIL►LLAtE04VITAt TtlLda nLC.(QlHTWS 40' E.ALLCII 41!►AP �A JWINMIDI_T • LZ LA IIYIVIMONE my I• Z - nniA M 4 1- 1%- 9-Sr L 1•. i pnr. n•u S tip�K s M� I'l A - 1 .+ - :I C-) 1 U : t_1LIa N . U 1 Champlain Advisor Groun re c u r 6r o r j t n d Via FACSIMILE - 802-6584748 March 14, 1996 Joseph Weith Planner South Burlington Cite Planning Office 5/5 Dorset Street S. Burlington, VT 05403 Re. Merchatu',5-Bank W = Streei PrQjeet Dear Mr. Weith: We were very disappointed in the lack of recognition of die objection to this proposed development of a nor:conforminv let. Excluding the legal subdivision issue, which we fetal ;,, a valid objection, it seems as though very tangible, substantive issues are hang igrcc,rr,,d and not even investigated This is a very intense development, 60 roc,,tns on eight tenths of an acre The FconoLodge is 167 rooms on 12 acres and has substantive parking and snow removal challenges. How, can this intensity be allowed'? We would like to go over the essential issues. Character of the Area There are good mature trees, none will be preserved. The adjacent parcels to the rear are residential. What al-xmt buffers between commercial and iesidential zones`? There are no buffers noted on the proposed plan. There is no place or nnimticd at all fcr the proposed sheeting and absorption of any siotm water run off, nor are any shown. The green space is all in front and there i:, no absorption potential on the slope or hack. T'.i:s proposal will flood the neighborhood and create an unsafe condition. Board member Marcel Beaudin properly asked for a stu-,eyed (opo and storm water study. Plea;e (to not forget to ask for these from the applicant. The combination of development on both sites requires a SrAte water discharge permit as well. Total iri)pervious develop-nienr exceeds a '% acre. Height Please remerriNtr the arc:iiitect was unfamiliar with the City's ordinance and had figured height from the fill, no! d,t acnaa! grade. There are no elevations in tree C lty's fie. The elevator will require more height for four floors than they have to stay in contormane. It does not seem possible that they can stay be!o%v 43 feet from new grade and have an elevator to the fourth floor. C 'wNac,',031Iwca Phone (802) 655-1902 42 Hercules Drive, Colchester, Vermont 05446 Fax (802) 655-1904 Mar 1 4- 96 l (J' U e'A F1 . U L Snow Storage Are ; ou going tc, tu}a. lUW a pro)sal for A sit,, thatdump tr..l,_k acuxot ,;ri4r onto orone that a loader cannot operarr, on as Ir radical solaitio:t" Is this s new ' Iru'' Hove "an this possibly be allowed in this infornied age'? Interconnectivity Since the •whole site :s rcc,'Al up for re -place (excluding pIw legal issue Ahich we think precluded any subdivision), the B3Ir,k has negated its perry ics and I's subjicct to ?by Brill review of the Board J**herefore they ::an be .obligated to provide the inter: orinectivir} ,con." 'nro compliance and have the one curb cut. Curb Cut This land is in common ownership. There is r10 reMOn tc, allow another curb _ut. dire/Police Where are their comments'> There is no way to fight a tire. Access!egress will be a nightmare_. City Engineer Where are his cornments'? Parking There is no reason to allow derisity to a maximurn. if d:ere ar: two Aorking ixopie to a room, that is 120 cars, plus the employee's cars. Why is a maxiirum even heing considered can a nenconfomiing lot" Cut back on the size of this developmem is die on'y logical solution. The Post Office i.s renting spaces from the bank at night. The hair salon has hard?y any parking_ The same for the travel agency. When is the City going to say it is just too much'' On Lot Trq ffic When a patron finds the lane he is in is full, how will Fee turn around? How will the end cars turn around and back out" The lanes need hack up spats at the ends. In surtunary, our counsel is pursuing the legal and merger issues with the City's counsel. It for some reason, which we do not foresee, those obstacles are overcome, we feel these other issues need to be addressed thoroughly and professionally w;rr an. engineered and surveyed plan showing all turning movements, traffic, storm water and snow storage plans, and height considerations all proven to be what is reasonable. Sincerely, Todd A. Wulfson TAW/mle cc: Norm Smith ,.nwcc&%0313wu, I • -- r — S c PKDJW-T WC.ATIO�J i A K K I Q (! � �, � � A a w 1. T e i� � G 9 L RrlooO[naoaNn'QULvaI r, M1�n I i . RPvcE% E C. H N I L A _ tr.r<, '.. r�a�cL b o T oar✓ l�a�� - /, �7Ull.G'I�lC� 2� FAQ: 11J� glzkIQ& s,;ZAIJE:E W..S Gc ; t• 1 .. r ♦ / li"2 I, I �' �. ri 1 J I 1 v 2 YJl.ii GKd.::; N MAVLCi )�i � t • `a �'' s � if�;,E!r• � Iwo �i '� r � 539 WARRANTY DEED PETER AND LILLIAN A. LAPLANT TO CHARLES T. & GWENDOLYN S. LAPLANT KNOW ALI, MEN BY THESE PRESENTS i THAT we, Peter LaPlant and Lillian A.LaPlant, husband and wife. of South Burlington in the County of Chittenden and State of Vermont Grantors, in the consideration of Ten and more Dollars paid to our full satisfaction by Charles T.LaPlant and Gwendolyn S. LaPlant, husband and wife, as tenants by the entirety of Burlington in the County of Chittenden and State of Vermont Grantees, by these presents, do freely GIVE,GRANT,SELL,CONVEY AND CONFIRM unto the said Grantees Charles T.LaPlant and Gnendolyn S.LaPlant, husband and wife, as tenants by the entirety and their heirs and assigns forever, a certain piece of land in South Burlington in the County of Chittenden and State of Vermont, described as follows, viz: A lot of land situated at the rear of and northerly from the premises now or formerly known as No.12 White Street, and further described as follows: Beginning at a point marked by an iron pipe set in the ground which point marks the north- west corner of a parcel of land conveyed to the grantors herein by Warranty Deed of Vernon G. Shepard and Sara L. Shepard dated May 5, 1955 and recorded in Volume 35, Page 451 of the Land Records of the Town of South Burlington; thence running easterly along the northerly line of said lot a distance of 134 feet, more or less, to an iron pipe set in the ground which point marks the northeast corner of said lot; thence turning and running southerly along the easterly line of said lot a distance of 100 feet, more or less, to an iron pipe set in the ground which point marks the southeast/ corner of said lot; thence turning and running westerly along the southerly line of said lot a distance of 130 feet, more or less, to a point marked by an iron pipe set in the ground which point is 6 feet, more or less easterly from the southwest corner of said lot; thence turning and running northerly to the point or place of beginning. Together with right of way to be enjoyed in common with the Grantors, their heirs and assigns and others, from the main road,to the premises herein conveyed, for all usual purposes, over and upon the lands of the Grantors herein as the said Grantors, their heirs and assigns may designate. Being a part and parcel of the land and premises conveyed to the said Peter LaPlant and Lillian A.LaPlant by Warranty Deed of Vernon G.Shepard and Sara L.Shepard dated May 5, 1955 and recorded in Volume 35, Page 451 of the Land Records of the Town of South Burlington. Reference is hereby made to the above mentioned deed and the record thereof, and to all deeds and records therein in aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantees Charles T.LaPlant and Gwendolyn S.LaPlant, husband and wife, as tenants by the entirety, their heirs and assigns, to their own use and behoof forever; And we the said Grantors Leter LaPlant and Lillian A.LaPlant, husband and wife for ourselves and our heirs, executors and administrators, do covenant with the said Grantees Charles T.LaPlant and Gwendolyn S.LaPlant, husband and wife, as tenants by the entirety, their heirs and assigns, that until the enseal.ing of these presents we are the sole owner of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE; and we hereby engage to WARRANT AND DEFEND the M E M O R A N D U M To: South Burlington Planning Commission From: Wallace Possich, South Burlington Fire Chief Re: Plans Reviewed for March 12, 1996 Agenda Date: February 5, 1996 I have reviewed the following site plans and my comments are as follows: 1. Merchants Bank Dated 1/18/96 White Street Project No. 95318 Acceptable 2. National Gardening Farrell Street Acceptable 3. New Motel, Four Stories White Street Acceptable 4. Ledge Knoll, Phase III Hinesburg Road Acceptable 5. Meadowbrook Joy Drive Dated 1/19/96 Project No. 94276 Dated 1/24/96 Project No. 9604 Dated 1/23/96 Project No. 85083-5 I would require a flow test from the existing hydrant to determine if a second hydrant is needed, and if so, the best location for a new hydrant. 6. Centennial Heights Patchen Road Acceptable Dated 2/5/96 Project No. 94049-41 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 8, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658- 7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from Fire Chief Wally Possich and myself. Comments from City Engineer Bill Szymanski were sent to you at an earlier date. Please be sure someone is present on Tuesday, March 12, 1996 at 7:30 P.M. to represent your request. If you have any questions, please give me a call. Sincerely, io�We ith�,;14 City Planner JW/mcp Encls f//f c'✓/Lt63 PQ«/wJ v✓wb,/✓ vow✓r> A/! rI ✓A/w/ S/rc p�e,u L ✓.>' Al/F J/rii/l<y' 1/44 cucA �/ y i ✓/6 T/S coo Lra. i/Ltl//r/a ILI EKI>TIW4 STLJLNef FOR (ROPosev RF<RBATIOIJ PALIUTY (ro BF JSea .W-WUJWKrIOW FACILITY WILL iIJ[LJOp Jl.t 4AMp<, Iw,W,ATUze <.OLP. /ILL,AeFs, PLIPPets, K+os PJW SPAKF, HIWI aASLpYIs4LL. COLWre AWD AIR F,— JJMPILI,, SrorF) 11,1 SF L 'l i K//a N0✓ r/y V ai /AJ 9✓//et e✓sibLso✓ A//r/u</✓r Tjs v J / teESTle r ri3 , a i of aMl< 3/ 4 1 P/is/✓v [[ `��e�wJ Fla.%� // �- �\ PILL/✓6 i/ a / i \ + 1 A//F 0I ✓I 6 P✓al-✓>Bu FJruee wr cOW11e<T�oW •,-- LE -END T To tou.L WD LEPuLpnt11T OP TOE To EE PN✓OVED [� - TEVTKTIOa tost`f! 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Lor co ye 2. e(s ES - Lor J/sQ s✓.<o/✓b/'</ </✓oJeu//•iJ o✓n.atl iraa♦ 1�/ of/b/✓/L car G✓, /si ,i /J, sot sF /2, /s✓,/ s¢,✓s9 aF I'd s%1 /4, /ey1/ I/J/tl/LY LO/: ro ♦/ ¢/ //, 7253/ r,PylJ A/wa✓/O /2,%)2/%i / iOMI/✓t0 LOrJ: 3i3Of0,F i, s7z 3F N, 4/e y/ 44, f2z 11 /•Tl4r/.C/G /A/F02 L/!r/oU. Jill, AeO, ed"yQovalev fN/JTAQSrI✓i l✓/.' /90 Gf !i5 L✓ 2RC9EAT1OIJ FAL,L,TT UO 'gip .3C T111/1J . 25a 64 ✓5 �B p: IS92 City of So. Burlington DAil: .ADxDi 9oez D SITE Wert w _:LA IUI)3ZARIAJG. JLUL-OULis = IS LAW Tl W.4 LA_jiht. .1t,I.dA14-. 6u 1ZM X�f" '4TloUt 07A c 7IIFIEAFTINOABALC[II"_. _ AMEYIL1x.Atl1AAY17AF TYLIJA 6cCIgCNTA4S •' 4A' MLLAn EuAMp *i' 1Z Swims •.WeY Pee ,AWNIPEQW% CYmstolm) I(.' 11M AALL[O kfMAll � -e7 eIYG---hV%ki __. - iYAXIMUl ALATPs i'1" ii" 1fA «612 _. �1i[LAL _ =- _. ---114-. L�W(14i fYljtYl:I WL; _ pu}. Law ...i-4W..- 1 GY/wj Uooutv.wTlm4"a JLM A - i I LIL. _ y/RgGL 4o,4U!•A•17S•)YH-p_ 1NG. 12ti._ CLj 171W SuPWC AAbT4L HALIgt a" -A 61[' � /I.Aj Lk W( ISoY Ai— - -4YA 6LAL■_ 'NAWIIFALjUljtq GV - poLlr- LILMTIHLI fY1jtY1 IWL, - y P0.1'�/ �272d L14LIW�Z•oOHb n ' N L16uTI1Jq-oN i I - 9uILDlluy -_ M II L16HT ,DoyL-5 .I"L-6 A - I'o S 1 T E P L b N- L A WI SCAP I M6 JCALC I' • 10' i Nff_T IL A ALL-DIAA%n%IOMS TO 19 YVt'1V1i(' AT THt 1111 6Y T"-&WlTOACT&GL ANY FYRatZ_ a1Z-Qn1bCZS 114 IOUNS"Tt" _MV I T - IL & R [,[ t a-¢-! M 'Td THE AR4i1Tr4T -&R OwfAL2 POi A- AIECIStoF1 -lar,ARR PeDC[1DIH6 WITH THL- - NOTCS,' _—C�AYKIUGFO(t GARS - 60 SPFC63 LOT COYt?AqG • LY.�'�j LANDSCAPeD AREA • '1160, 1 y. _.-MONT `/"n COVfQA6E• 297. b A L u r JW ;AN, 1k L ■OAL■ 11YfY' 7I PC[7 Vol. 3 Page 0 in p3gc-�7r7J _ NOTICE OF CONDITION OF SITE PLAN APPROVAL 1 Margaret A. Picard,CitythAREAS, Lee Zachary ("Applicant" herein) received approval from. the South Burlington Planning Commission on September 15, 1992 for use of 7,000 square feet of an existing building for a 60 seat restaurant and indoor recreation facility in conjunction with an existing 190 seat restaurant, as depicted on a plan entitled 111234 Williston Road Facility, 1234 Williston Road, South Burlington, Vermont," prepared by Graphic/Construction Management Services, Inc., and dated 11/23/90, and last revised a -a 7 - % 3 depicting the land and premises conveyed to Lee Zachary by Warranty deed of Hallmat, Inc. dated March 14, 1985 and recorded in Volume 211, Page 346 of the South Burlington Land Records; and WHEREAS, the South Burlington Planning Commission granted said site plan approval subject to certain conditions as set forth in the final approval motion; NOW THEREFORE the Applicant hereby gives notice that the lands shown on the above -referenced plan are 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. Applicant agrees to grant to the owner of property commonly known and designated as No. 8 White Street, located easterly of 1234 Williston Road (which property is presently owned by the Merchants Bank), an easement for access onto Applicant's property at a point of access 22 feet in width on LAW OFFICES BERGERON, PARADIS Applicant's easterly boundary at a point approximately FITZPATRICK 3 SMITH I a, ,VOL � O Page LAW OFFICES BERGERON. PARADIS FITZPATRICK & SMITH adjoining the northeasterly corner of Applicant's property, all as shown on the above -referenced plan. The access easement shall grant to the owner of No. 8 White Street the right to pass by vehicles and on foot from No. 8 White Street to Applicant's property and across Applicant's property by the travelways shown on the above -referenced plan, or subsequent modifications thereof which are approved by the Planning Commission. Applicant agrees to construct those improvements on its property which are necessary to accommodate the access. The owner of 8 White Street shall be responsible for the cost of any upgrade of the easement area made necessary by the development of 8 White Street. 2. Applicant's obligation to grant an access easement as described in Paragraph 1 above shall be conditioned upon the following: a. The owner of No. 8 White Street must grant Applicant reciprocal rights of access across No. 8 White Street. b. The owner of No. 8 White Street shall improve such property with sufficient parking spaces to accommodate the use of such property, as determined by the South Burlington Planning Commission, plus three additional parking spaces, which will be dedicated for the exclusive use of 1234 Williston Road, to the extent such dedication is enforceable at law. 3. The property shown and depicted on the above - referenced plan as Lee Zachary's 1234 Williston Road facility, consisting of 83,040 square feet shall constitute a single lot for purposes of compliance with the City of South Burlington LAW CiFlCES BERGERON, PARADIS FrrZPATRICK 6 SMITH Vol, 3Yc Page tv Zoning Regulations and Subdivision Regulations, now in effect or hereafter amended. From the date of recording of this Notice of Conditions said lot shall only be divided into separate lots in accordance with applicable requirements of the City of South Burlington Zoning Regulations and Subdivision Regulations. DATED at .5c.. 8,fR41AiCr4, Fabvua }� , 1993. w4yi 4 Z'SK hN ES: STATE OF VERMONT CHITTENDEN COUNTY, SS. Vermont, this J-2 day of e Zachar At Vermont, this J :a`tv"' day Y�t7f February, 1993, personally appeared Lee Zachary,,.-a�d-hp- acknowledged this instrument by him sealed and subs.cr,j3 CWt9f' be his free act and deed. Before m�� My Commis�i expl s .*. ,2/-rD PL8/Zach.Si`.e •;.-err,, ,,},X, END OF DOCUMENT f h 1( GNG� ��U/-wx,��sr e4 - 3arD City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 1, 1996 Gordon Woods, Architect 104 Church Street Burlington, Vermont 05401 Re: Motel, 8-10-12 White Street Dear Mr. Woods: ZONING ADMINISTRATOR 658-7958 Enclosed are preliminary comments on the above referenced project from City Engineer Bill Szymanski and myself. Comments from Fire Chief Wally Possich will be forwarded as soon as they are available. Please respond to these comments with additional information and/or revised plans, if appropriate, no later than Friday, March 1, 1996. If you have any questions, please give me a call. Sinc 'ely, R ?yvmlnd J. Belair, Zoning and Planning Assistant RJB/mcp Encls Memorandum - City Engineer March 12, 1996 agenda items January 26, 1996 Page 2 GABE HANDY - WHITE STREET 1. About 10 feet of the westerly property is used to access the rear of the barber shop. If there exists an easement it should be shown on the plan. 2. There should be a direct access drive to the bank. 3. Sidewalk shall be continuous across the entrance drive. L n h1 g S G n p I h' G S 4 1-I L O U L Cr PLA IVTIW E4 LATI IV IVAMOr -71 ze 4U MAT, Xma GOWgITICIV WA I O 5444- _ftDWEQ1NG. CRAB AA14LVS COM014 i¢IL. L' ZS' bALtta EQQLAP ;"-4 ; 10 :AAACMCAM A20IMVITA; TNuJA AMMENTALIS A' 4a' RALLe_m "LAP e:4' 112 g mRiCSITII•.ItJNSPEQ JVNIOrm C0114E14'f15 8" _ HALLE!U 4 AVgIAP — 17j 4 -burimr AVIN I *VONYMVS. &LAWS i4" 16" FSALLMI R 11NttA► — ;11 O 1 lip LIGNfIwA JYJf6MJ,tNY,-_ Moan N0, MVM•A.40p.•SMu-R_ 4amw SVO61C M&r4L M4w)& - fL4T j.'I 2uHP _ 4 f t1GLl71144 JVJT6MS INc.. .tl-lS el No,MVS-A• Ir5• SM N-F - 4 Sq d I7SSV SVOW ML-T4L HAL166 - 1SX.IZ/S LGi. ' PLAT LENS ITCY 45 617e -4 05M �-4a4 OL4<k MdIJVFAGTVI=EQ 5V �Pol.e LIaWTIWp 3yST6MI IN/, - 15CXAZ728 LIMLINNQT l,.9Niv _ i' 3 4sz4� 0 q o h F u,AR, Pet L(GUTlh14 oN / BUILAh14 - NaIES' ALL pIMF 14 510 NS TO BE Vf P14-IC-O AT 711E 1178 M11 THE CONTQACTOfz. ANy I E7012. O¢ P 6 1 M'IS IN QUESTION MUST ME TCF 1:P 17 En 76 THE PRCHITrer DR OW N E 2 rt!V A T5 'Ll G1'S IGM BEFORel PTO QEE01N4 WITu TwI:- WORK. WEISr PATXIN(CreQ CA(C5 - A SPACIF5 L67 CoYEQA4c T bq. q LANNSCAPET) A2EA - F(2GILl7 `/��h COVFpn4E< 2ggo RECE, Lid JAiJ 2 4 1996 City of So. Burlington Stcv, 5 r-> -1 Rey15e•� 1- v,Nmn< i ,I" oAwwN wwt 11NCN� za prct JOB NO. �6aS OR �N��Ts f�� �l�S��4EK� PARKIN�PL/-�N 'CT SCALE: I`� ZO` .• % All f���� - \ .. •• - r NE W MCI E L - 60 Po oMi ffMn 4 �Tt�—VV �Iq � EEC\�pG 'Tye �I i ��----- SITE PLA�s 5CPLE : I" - 20� All SS To ZACJI Am I, LA B77 r l2� l I 0. C / �n - 1umellf4 / ST.0c" raw NOTES'• Cl L.L O\ME TI S10 NS TO )}E VZ YI11[0 AT THE SITE PY THE CONTICACTOIZ. ANY VVITOL' Ore 1'0iNTS IN COEIT(C)4 MUST BE 12CPCQ\CED TO THE AwtHITCCT (✓IZ OWNEV_ FOR A NCI:151014 NEVCfeCr v.)ITt-1 THE VJ G ft 1G. NOTES: PAIZVJ 1U PO2 CARS = -Lo S('ACtS LOT COE'cgASe. 59-1 y LAW)M APE4 AREA - 5cA %. -- �QoWl YAEn CCVEoACE - 29*4 E JAN 2. 1996 City of So. Burlington 126ASet. 22- 90 P•o¢INT R.VI.ION• 14 ■V 1- 2-2-N, M74 M� bb, �W oATO J AN. I�i96 .aA�. 11NCN•?Or[!I 964 . 4T w wur. MCA F � "(ILL-aLmznstONS Toss vivirltO AT TYE -. Sllt--&*1 -Tfil _.SOHTQACTo ¢. ANY £.>ZRa2..=:G.¢--ve1l+l.iS-' IN _LauESTle N .6LRS T --s.¢ _¢ Gi t e"R-t o. z6 THE ALCNITGCT n2 OWN[4-rve A' Vffr1,loµ LcwnwA JYsltw;l.L;_ IIdFA¢� P_iraCLlptN1: WITH TN IT {vn W SYPtY NC/AL NALIOi- = WTL LCM-S--yI2-u-8W_ 1 T I 114N71a14 lYJitMt 1kIL._ 4 1>Otl W.4YJ - A • 17S � )Y H- P - JM.11A=_ l1Ca -A 6R-. 17S W SUPW ML-T.L HALIpt - l4T• i�•ILAT LLMJ IZaY Ai=- ILIA t1LA k-_ \,'MA4UFA[7U1it0 OY - — Pa7•Y-- y LLNTIH4 JYSTtM1 INL. -. P0.152Y 4912A L1N4j jW Asri �QOHL. • C HN • d Fiu.AP. 1 ' = i �iPu�a f. 'I" -11GLIiIN4-eN FSuILDin1y -. �+ r4- =t \ L16NT - ,DOLLS sLALt:y4 \ F xl1ILYL . IYCt 4NIT -A-LEI S S c. tAcrAtyt LO T� - Fl_Mr 1 � '� M. k h - " A.; A� - r ul R 6 ^ 'a '•tL 6 -C�AYKjEIL: FoR L:ARS � 60 3PFCs3 ..► 1S•/' t. L . . � LOT C4YETAQrr AA A_ 11 - L ANDSCA_PED A¢ EA • 10, 1 %. • e L1R Y+ . IAOrE L - (,D RopE�c t - A. $ sits __ 4 C P A\ A G O • O IL 1 F 4' Yr � tQ1�L i Nt 2v I C, , �' I E 4 s f 1` FEB 2 9 1996 City of So. Burlington OMSEn 2-7f•9i S I T E P L d N— L A N(�S C A P 1W6-:; CO JIALC: 1" so' _;17.2 _�anlgSzaptNG SL4jL• OULE -_ 11 LANjl W.4 - LA.T1_B,L..ytddp h-. 71zc .. to 'MA XRoT LatU01TI v1J OL O =-�`1N: TT1TaFat'LIunQ ,-. -coQeArA----- IY' 40! BELIen . Y+ac1At>_-. AIDEITLA4.At►CEVITAE TXuJA OCC14lTH Tlt4S A' 40! WLLCO 1hJ¢II!P E=A• lZ -- B- -LLt[CYT4VVIY P(R. - ._JYNIPEfIYS CYMEN pS 14` zM. 11Au(n tNN►P.= _ uOYG:.txjlM-_—. . hYEl1yM17] -A LAT!13 I•h K:. wAu� _ �YEaA4 wwwoJa• .v 1-IL-•�L 1- Z -76 AAU Fn 4 I- 1►-nlr ` f�CjFJ 7