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HomeMy WebLinkAboutBATCH - Supplemental - 0801 Williston Road (4)M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Richard Ward, Zoning Administrative Officer Re: April 22, 1996 Agenda Items Date: April 12, 1996 1) TIMBERLAKES ASSOCIATES - DAVID SIMENDINGER - 801 WILLISTON ROAD Area in question zoned C-1 District. Section 12.101 general offices allows the automatic bank teller. Section 12.106 permits service stations. Section 12.20 Conditional uses, sub section 12.213 Convenience stores (Section 26.05 applies). Section 26.65 Multiple uses, three uses proposed (Section 26.05 applies). Proposed building 900 square feet (mini mart), canopy 32'x 40' (three automatic dispensers and interior ATM. Lot contains 1.8 acres, Williston Road frontage 300 feet and East Terrace frontage 203 feet. Note: Enclosed is a review sheet which describes the action taken by the Zoning Board of Adjustment and the Planning Commission. The issue is the City has two "plans of record" with major improvements to each plan. The changes to the plan as approved by the Zoning Board are addressed within a letter from Wesco, Inc. Also included is an opinion letter form the City Attorney. Because of the changes a new application must be reviewed by the Zoning Board of Adjustment. Be advised that the East Terrace neighborhood has appealed the Planning Commission approval of the site plan dated 1/5/96 SLIDE PRESENTATION FOR ZONING BOARD OF ADJUSTMENT APRIL 22, 1996 All slides were taken by Sandra Dooley (resident of 44 East Terrace, South Burlington) on Saturday, April 20, 1996, between 9:10 a.m. and 10:10 a.m. 1. North side of bank building that currently occupies 801 Williston Road (taken from center of Williston Road). (Slide # 23) 2. View to the North from 801 Williston Road (University of Vermont property). (Slide # 8) 3. View to the rgst from 801 Williston Road (Spillane's Mobil Station and Staples Plaza). (Slide # 7) 4. View to the South from the southeast edge of the 801 Williston Road site (section of the Burlington Tennis Club that is used as a children's play area). (Slide # 26) 5. View to the South from the steps on the south side of the bank building at 801 Williston Road (back of first few houses on East side of East Terrace). (Slide # 6) 6. View to the West taken from the exit drive for the former drive-in window and night depository (eastern side of southern interior section of the jug handle). (Slide # 9) 7. View of northern interior section of the jug handle (taken from sidewalk on northern edge of southern interior section of jug handle). (Slide # 11) 8. Northwest corner of jug handle --NW intersection of East Avenue and Main Street/Williston Road (taken from NW corner of the southern interior section of the jug handle). (Slide # 12) 9. Southwest corner of the jug handle --intersection of Spear Street and Main Street/Williston Road (taken from NW corner of the southern interior section of the jug handle). (Slide # 13) 10. Grassy triangle with trees at southwest corner of jug handle (taken from SW corner of the southern interior section of the jug handle). (Slide # 14) 11. View from southern interior section of jug handle toward Spear Street and the University of Vermont. (Slide # 15) 12. View from southern interior section of jug handle toward East Terrace. (Slide # 16) 13. View of curb cut that developer proposes to eliminate; sole use of curb cut was for exit drive for former drive-in bank and night depository services. (Slide # 20) 14. Sign on former night depository stating that it is no longer in operation; according to findings of fact in the Planning Commission's decision, this depository was discontinued on March 4, 1994. (Slide # 21) 15. Sign on former drive -up banking window stating that it is no longer in operation. (Slide # 22) 15. Indications of heavy pedestrian use at southwestern edge of jug handle just East of Spear Street intersection with the jug handle. (Slide # 17) 17. More indications of heavy pedestrian use at southern edge of jug handle between East Terrace and Spear Street. (Slide # 18) 18. Indications of heavy pedestrian use across triangle at southeastern edge of jug handle at intersection of East Terrace and the jug handle. (Slide # 19) 19. UVM student walking along another heavy pedestrian use area; this one is located at the eastern edge of'the 801 Williston Road property. (Slide # 27) 20. View of jug handle and farther East on Williston Road from top of Main Street (just east of the Living and Learning Center); the jug handle presents a strong impression of green and trees, even from this far away. (Slide # 4) 21. View of bank building at 801 Williston Road taken from NE corner of southern interior section of the jug handle. (Slide # 10) 22. View of Shell Station at SE corner of Dorset Street and Williston Road. (Slide # 2) April 19,1996 Zoning; Board, S. Burlincrton,VT. re: Mini —Mart proposed for 801 Williston Rd. A permit was denied for this proposal and now it is up for review again. How many times are you going to do this? As a resident of S. Burlington & a frequent user of the jug —handle, I_a_m opposed to issuing a permit for using it as a ouick—stop type of business. It is zoned commercial but there should be different levels of commercial use based on the site of the property and traffic load. It was fine as a bank because it had low usage and was used by people who were local and understood the jug handle. But a quick —stop which will be used by tourists and other strangers is not good for that site mainly because of the HUGE TRAFFIC PRCBLF,M that will develop. My one and only accident (which was not my fault) occurred in front of Spillane's when a car coming from the opposite direction crossed two lanes of waiting traffic to enter the Spillane station, not knowing I was driving along the right turn lane to enter the P&C parking lot. An accident was inevitable. (See diagram A) Other — cars attempting to leave Spillane's & blocking the right turn lane traffic (diagram B) hazards — Rescue vehicles exiting Fast Ave. against traffic flow to enter Williston Rd. (diagram (-) — Strangers attempting to approach UVM—Gutterson by entering jug handle at wrong place (diagram D) — )pedestrians in peril whenever they want to cross `^;illiston Rd. and also when walking -across curb —cuts at SpillanV S Solutions — Review the traffic conditions at that site — Do not give a permit for any more curb —cuts at that corner. If a business is there , the access should be from the jug —handle direction (as it was when the bank was there) — Tell the owner of the property to diversify and think of some other use for the property. eg./ like an Italian Olive Garden restaurant that is used mainly in the evening after the commuter rush is over. — Tell the owner to sell the property and put in a Mini —Mart out on Dorset St. somewhere. There is more of a need for a service station there, especialt with all the new housing. PAL ;a STITZEL & PAGE, P.C. A`17ORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICEITDD) STEVEN F. SITIZEL FAX (802) 660-2552 PATn R. PAGE' JOSEPH S. McLEAN ('ALSO ADM rIFD IN N.Y.) July 12, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 Re: In re: David Simendinger and Timberlake Associates, Respondents Dear Judy: OF COUNSEL ARTHUR W.CERNOSIA ROBERT E. FLETCHER Enclosed for filing with the Court please find Respondents' Notice of Cross -Appeal and the requisite $75.00 filing fee for the same. If you have any questions, please do not hesitate to contact me. JSM/maf Enclosures cc: John Franco, Esq. Janet Murnane, Esq. Marc B. Heath, Esq. Joseph Weith SON3063.COR DOWNS RACHLIN & MARTIN PROFESSIONAL CORPORATION 199 MAIN STREET • BURLINGTON, VERMONT 05402 Sincerely, seph S. McLean �QT_ 58-2/116 8827 July 9 19 96 PA Y SEVENTY-FIVE DOLLAR AND NO/xx----- DOLLARS$ 75.00/xx Clerk 7 TO THE ORDER OF Environmental Court Montpely�ie�r,j� VT LIULJThe Merchants Bank IN VERMONT DOWNS RACHLIN & MARTIN CORPORATE ACCOUNT i STATE OF VERMONT ENVIRONMENTAL LAW COURT DOCKET NO. In Re: David Simendinger and Timberlake ) 801 Williston Road, S. Burlington Associates, Respondents ) RESPONDENTS' NOTICE OF CROSS -APPEAL 1. David Simendinger and Timberlake Associates, by their attorneys Downs Rachlin & Martin P.C., and Sarvak and Simendinger, hereby cross -appeals from the conditional use permit approved by the South Burlington Zoning Board of Adjustment on June 24, 1996. 05403. 2. Respondents' business address is 32 San Remo Drive, South Burlington, Vermont 3. The property in question is a lot located at the corner of Williston Road and Spear Street, designated as 801 Williston Road, South Burlington. 4. This cross -appeal is taken pursuant to 24 V.S.A. § 4471. 5. Respondents appeal from those portions of the conditional use permit which are inconsistent with provisions of a site plan permit issued to Respondents by the South Burlington Planning Commission for the same site. These inconsistencies include, among other things, provisions for ingress and egress to the lot, and related improvements to adjacent public streets. 6. The site plan approved by the South Burlington Planning Commission is already a subject of an appeal to the Environmental Law Court, and can be located in the Environmental Court at Docket No. E96-045. )OWNs Knn IHN & N1ARTIN.hc IWRIANrrnN VT �1'. J HLN66UH1 VT ISh,crrid;iuihn VT 1xrri,nro1v NII 1 7. Respondents request that the Court approve its application for a conditional use permit, with such conditions as will render both the conditional use permit and the site plan permit consistent. Dated in Burlington, Vermont this � day of July, 1996. DOWNS RACHUN & MARTIN BY Marc B. Heat Attorney for Respondents David Simendinger and Timberlake Associates Dated in South Burlington, Vermont this 9-/J-Aday of July, 1996. BTV\0053508.01 DOWNS RACHLIN iNlARTIN, PC RURLINGfON VT Sr. Junnsisuui VT Iih erri,rasu� o VT I,rrri,r;irm NII SARVAK & SIMENDINGER BY I vAil William E. Simendinger Attorney for Respondents David Simendinger and Timberlake Associates 2 MEMORANDUM TO: ZBA FROM: Mary Anne Murrao`, DATE: May 30, 1996 RE: APPEAL, OF TIMBERLAKE ASSOCIATES I regret that I can not attend the meeting of the Board on June 3 to deliberate on this appeal. Frank and I will be in Pennsylvania to attend the funeral of a relative. I would like to share my impressions and my proposed findings for inclusion in your deliberations. PROPOSED FINDINGS OF FACT I agree with the factual statements in paragraphs 1 - 9 of Dick Ward's Suggested Findings of Fact and would incorporate them into these findings. The proposed service station and ATM are permitted uses in the C 1 District. The deli and convenience store are conditional uses under section 12.20. The four proposed multiple uses are subject to conditional use criteria. (a) The capacity of existing or planned municipal or educational facilities. The proposed Timberlake Associates project will not adversely affect the educational facilities. Municipal facilities, such as police and fire, may be adversely affected due to traffic flow and pedestrian problems. This is addressed below under criteria (c) and (f). (b) The essential character of the neighborhood or district in which the property is located ... The applicant presented extensive landscaping testimony. The proposed landscaping is an improvement to the appearance of the Williston Road/Spear St. intersection and helps mitigate the impact of this commercial use on the surrounding neighborhood. (c) Traffic on roads and highways in the vicinity. The Pinkham Engineering Addendum to Traffic Impact Assessment dated January 5, 1996 refers to IN ONLY on Williston Road. This is an addendum to the Traffic Impact Assessment (Revised November 16, 1995) at which time the applicant's plan included IN only from Spear Street, causing a "considerable adjustment" to the number of expected trips. The applicant has re -revised the proposed plan to include IN and OUT on Spear Street and IN and OUT on Williston Road. The Traffic Engineer testified at both recent hearings of this Board on this appeal. The engineer's testimony emphasized the comparison of the projected trips versus the previous use, and the positive aspects of the lack of left turns from and to Williston Road. However, no credible testimony was given regarding the impact of the traffic exiting on Williston Road; the adequate weaving distance for exiting traffic to escape the Staples Plaza right turn only lane, and the merging of oncoming traffic turning right into the neighboring gas station. This project lies within Zone 1 of the Traffic Overlay District, the purpose of which is to "control traffic congestion, minimize conflicting turning movements, and to prevent worsening conditions in areas of high -volume flow." Based on the testimony given, and the documents presented, this Board does not have adequate information to conclude that the proposed project, more particularly the traffic exiting on Williston Road, will not adversely impact traffic on roads and highways in the area. Approval of the project will conflict with Article XXI, § 21.00 of the South Burlington Zoning Regulations because we will fail to meet the designated purpose of the Traffic Overlay District by not controlling traffic congestion, minimizing conflicting turning movements, and preventing worsening conditions in areas of high -volume flow. Further, the applicant did not present adequate and convincing testimony that the original design with IN only on Williston Road did not adversely affect traffic on Spear Street and the intersection of Spear and Williston Road. Neither of the Applicant's plans, presented April 22, 1996 and May 13, 1996, can pass this criteria. (d) Bylaws in Effect Elizabeth Scannell, an East Terrace resident, read the following from Section 5 on Land Use #3 - Williston Road Acreage of the 1991 South Burlington Comprehensive Plan: "...Three relatively isolated neighborhoods, Spear Street and East Terrace with 95 residences complete the neighborhoods ... It is the City's intention to protect existing neighborhoods from commercial encroachment and traffic disruption." The proposed project is a mixed use, 24-hour operation, with commercial lighting, and a commercial structure that is approximately 60 feet closer to the neighboring residence than the existing building. The former use was primarily during normal work days and hours and required no commercial lighting. In addition, the existing structure was, and continues to resemble, a residence that is distanced from the closest residential neighbor. No testimony or evidence was presented to this Board to demonstrate that the proposed project complies with the intent of the 1991 Comprehensive Plan. (Joe Weith, the City Planner, did confirm for me that the 1991 Comprehensive Plan and its intent still exist.) Therefore, this Board should find that the proposed project can not meet the conditional use criteria of not adversely affecting the bylaws in effect, more specifically that the proposed project conflicts with the intent of the 1991 Comprehensive Plan to protect existing neighborhoods from commercial encroachment. (e) Utilization of renewable energy resources. No testimony presented to address this criteria. (f) General public health and welfare. The November 16, 1995 Traffic Impact Assessment by Pinkham Engineering Associates indicates that a "substantial number of the patrons will be pedestrians." The plan for the proposed project encourages pedestrian traffic with the additional sidewalk installed south of the Spear Street ingress/egress driveway. However, there are no traffic signals or accommodations to aid pedestrians crossing Spear Street in this area. The applicant provided no evidence that the general health and welfare of the "substantial number" of potential pedestrian patrons and the vehicular traffic on Spear Street/East Terrace will not be adversely affected as pedestrians attempt to access the Spear Street sidewalk entrance. Therefore, this Board can not find that this project will not adversely affect the general public health and welfare. Conclusion The applicant failed to meet the conditional uses criteria (c), (d), and (f). This project, therefore, should be denied conditional use permits for the proposed multiple uses as presented to the South Burlington Zoning Board on April 22, 1996 and May 13, 1996. STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET PO BOX 1507 BURLINGTON, VERMONT 05402-1507 (802) 660-2555 (VOICrM)o) STF.VEN F. STTI7EL FAX (802) 660.2552 PATIT R. PAGE' JOSEPH S.McLEAN (•AUO ADMnTM IN N.Y.) July 9, 1996 Judith C. Whitney, Clerk Vermont Environmental Court 149 State Street, Drawer 20 Montpelier, VT 05620-4201 OF COUNSEL ARTHUR W. CERNOS(A ROBERT E. FLETCHER Re: In re: Appeal of Site Plan Application of David Simendinger for 801 Williston Road Dear Judy: Enclosed for filing with the Court please find a Notice of Appeal and the requisite $150.00 filing fee, together with our Entry of Appearance, relative to the above -referenced matter. Thank you for your attention to this matter. Sincerely, C seph S. McLean JSM/maf Enclosures cc: Raymond J. Belair Wilbur and Barbara Bull SON3058.COR WILBUR I. BULL, JR. BARBARA K. BULL ANC T 9 17 E TERRACE BRANCH r SOUTH BURLINGTON, VT 05403 G . KDFK OP _7iVvdTL( W / U V is---- - - - --- -_-- 11nlnln nMr •A N K VERMONT 1:0116000621:11.01,,,461110512eel 0 3859 STATE OF VERMONT ENVIRONMENTAL COURT IN RE: ) APPEAL OF SITE PLAN ) ENVIRONMENTAL COURT APPLICATION OF DAVID ) DOCKET NO. SIMENDINGER FOR 801 ) WILLISTON ROAD ) ENTRY OF APPEARANCE NOW COMES JOSEPH S. MCLEAN, of the firm of Stitzel & Page, P.C., and hereby enters his appearance in the above -referenced matter by and on behalf of the City of South Burlington. Dated at Burlington, Vermont, this 8th day of July, 1996. SON371.LIT ;TITZEL & PAGE, P.C. ATTOHNEYS AT LAW 171 BATTERY STREET URAJNGTON. VERMON'T 05401 STITZEL & PAGE, P.C. Attorneys for the City of South Burlington By: l rS. McLean, Esq. YERMONT`ENVIRONMENTAL COURT RE C L"i;� mt.O� In re Site Plan Application of David Simendinger JULM9 1�Q& ".L " � .�,w for 801 Williston Road /`'fv of So_ Burlington Pursuant to 24 V.S.A. Section 4471, the undersigned interested persons hereby appeal to the Vermont Environmental Court from the decision of the South 8urlington Zoning 8oara of Adjustment, rendered at their June 3, 1996 meeting, granting conditional use and site plan approval to David Simendinger to raze a bank building and construct a 90b square foot convenience store with gas sales (two (2) pumps/three (3) fueling positions), deli, ATM machine and a 1280 square foot canopy at 801 Williston Road, South Burlington, Vermont. 004 DATE SIGNATURE PRINT NAME 7-'_ft. 4a�� & `� DATE SIGNATURE PRINT NAME &-.-o�.. SIGNATURE . PRINT NAME � DATE SIGNATURE PRINT NAME ADDRESS (street) ADDRESS tstreet) ADDRESS (city) F ADDRESS (street) -�-, 4;�� L17— ADDRESS (city; ADDRESS (street) ADDRESS(street) {, a��- ` '�1 ADDRESS (city) IV .. . . . . ........... .... DATE PRINT NAME ADDR�SS(city> DAl'E SIGNATURE ADDRESS (street) . . ... ..... I 'A 1�k PRINT NAME DATE SIGNVA"URE � PRINT NAME ,S� _,Cj - ADDRESS (city) ADDRESS (city) ADDRESS (street) 7 --------' '--' v��� DATE SIGTUPM- ADDRESS (street) F'RINT NAME ADDRESS (city) DATE S.$NATU�E - � PRINJ NAME ADDRESS (street) 01 '.......... 6 .......... PRlNT NAME _ ____ PRINT NAME DATE SIGNATURE PRINT NAME __ _...... .................... ....... _ DATE SIGNATURE PRINT NAME DATE SIGNATURE PRINT NAME DATE SIGNATURE __ HD���S�� (street) .. ........ ADD�LS6 (czty> (�� � �A ~� �� 'L�VV���� ��������_���������.......... �� ADDRESS (street) ADDKESS (city) ADDRESS (STREET) ADDRESS (city) ADDRESS (street) ADDRESS (city) ADDRESS (street) ADDRESS (city) ADDRESS (street) PRINT NAME ADDRESS(city) City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 July 3, 1996 Joe McLean, Esquire Stitzel & Page, PC P.O. Box 1507 Burlington, Vermont 05402-1507 ZONING ADMINISTRATOR 658-7958 Re: Notice of Appeal, David Simendinger, 801 Williston Road Dear Joe: Enclosed please find the following documents regarding the above referenced matter: 1. Original Notice of Appeal stamped "Received" on July 2, 1996. 2. A check in the amount of $150 made out to Vermont Environmental Court. If you require additional information, please let me know. Sinc ely, R y o d J. Belair, Zo ' g and Planning Assistant RJB/mcp 2 Encls -~ REU � ' �~`MUm[ ENVlRONMENTAL COUR7 � ~ ' ��LOV In re Sire Plan Application ° of David Simendinger ]U� �� ��� for 80l Wi1lisron Road ""� � ^^^� ��fv ,� �� Burlington � _ v�/�� w^ ^��� w�//�««J����� Pursuant to 24 V.S.A. Section 447.1, the unuersigned interested persons hereby apdea1 to the Vermont EnvironmentaJ. Court from the decision of the South Burlington Zoning Boarci of Adjustment, rendered at their June 3, 1996 meeting, granting conditional use and site plan approval to David Simendinger to raze a bank building and construct a 90h square foot convenience store with gas sales <two ( 2 ) pumps/three (3) fueling positions), deli, ATM machine and a 1280 square foot canopy at 801 Williston Road, South Burlington, Vermont. DATE *,T L, dz� ADDRESS (street) f—R(7."N-FNAME" ADDRESS `ci`r/ z/vIL DATE SIGNATURE ADDRESS �street> ._ "'° . .~ - PRINT NAME ADDRESS (city) g7 DATE SIGNATURE ADDRESS (street) ' ' PRINT NAME ADDRESS (city) ' N/E S I G 1\1 Al" U RE ADDRESS (street) PRINT NAME ADDRESS (ci�v� ~' ' ~-�, DATE SIGNATURE ADDRESS(street) PRINT NAME ADDRESS (city) C.r . ... ...... ZAZ ......................... .... ..... . . . . . . ...... .......... ..... DATE SIGNATURE ADDRESS (street)-C AF�-) K. LEW 4��� V(� PRINT NAME ADDRESS(city) DATE SIGNATURE DATE SIGNATURE PRINT NAME ADDRESS (street) ADDRESS (city) A (street) ADDRESS (city) DATE SI ADDRESS (STREET) � PRINT NAME ADDRESS (city) DATE WWIIURE -- ��ADDRESS (street) Aly- 0 . Jear A V7 ADDRESS (city) DATE SIGNATU���'w=�~�= ADDRESS (street> �� /� ~~ ~_ ��_ � 14 __-- -_-.,_ PRINT NAME -- ADDRESS (city) DATE S��6NATURE -- � ADDRESS (street) PRINT NAME ADDRESS(city) PRINT NAME ...... . .... . ................ . .......... A%mos ............... DATE SIGNATCJRE 0 . ......... ____ __________.......... ______ DATE SIGNATURE 'TL-V»mAS PRINT NAME -------- DATE ---------------------- SIGNATURE PRINT NAME DATE __..... .............. ...... ___ SIGNATURE PRINT NAME ------- DATE -----'--------- SIGNATURE PRINT NAME -----' DATE ------------------- SIGNATURE PRINT NAME . . ............. ADDRESS (stre(et) .... . . ... .. . ........... . .......... . . . ........... ADDRESS (city> ADDRESS (street) ADDRESS (city) ADDRESS (STREET) ADDRESS (city) ADDRESS (street) ADDRESS (city) ADDRESS (street) ADDRESS (city) ADDRESS (street) ADDRESS(city) 136 Church Street Burlington, VT 05401 (802) 866-7188 (802) 865-7096 (Fax) (802) 866-7142 (TTY) Planning Commission Elizabeth Krumholz, Chair Scott Baldwin Larry Lewack Susan Mason Carol Maurer Frank Sampson Wayne Senville Zoning -Board Glenn Jarrett, Chair P. Dermot Cosgrove Mary Gade Leonard Giles Austin Hart Planning Department Mark T. Eldridge, AICP Director Kenneth M.Lerner Assistant Director David E. White Comprehensive Planner Kevin P. Rose Project Planner Glynis A. Jordan Planner Lisa M. Chicoine Zoning Clerk Jeanne L. Francis Zoning Enforcement 1 '" ;VvArcy Printed on Recycled Pa April 19, 1996 Mr. Fred Blaise, Chair South Burlington Zoning Board of Adjustment 575 Dorset Street South Burlington, VT 05403 Re: Proposed Development at 801 Williston Road Dear Mr. gfatse and Members of the Board - This letter is being sent to you regarding the proposed development of a mixed use building at the site of an existing bank building. As previously stated we have serious concerns regarding the traffic generated and the proposed vehicular circulation plan for this project. Specific concerns include the following; t . The traffic signal effected by increased vehicles generated by this proposal lies within the City of Burlington. Any modifications to this signal will need to be approved by the Burlington Department of Public works. No request have been made at this time. I Snow plowing agreements for this intersection are in place with the cities of Burlington and South Burlington. Modifications to that agreement will have to be made. Burlington should not have to assume any responsibility for the new lane. This cost will have to be born by South Burlington. 3. The traffic desiring to make a left turn to head west along Route 2 from this site will have to cross two or three lanes of traffic in 210 feet. An appropriate analysis of this movement has not been provided. 4. The traffic analysis data provided does not appear to oe consistent with the geometry of the circulation pattern as finally approved by the Planning Commission. A revised and updated analysis ;s necessary before impacts on the roads in the vicinity of this request can be evaluated. 5. No information on pedestrian traffic has been provided. We are concerned that the addition of a fourth lane on Spear Street will require pedestrians to cross about 55 feet of roadway. The timing for pedestrians to cross this distance with the traffic patterns at this intersection have not been reviewed. Mr. Blaise and Members of the Board April 19, 1996 Page 2 We have discussed these issues with the City Engineer who is very concerned that the traffic generated and the design solution is not adequate, and, therefore, a finding that the proposal would not adversely effect traffic on roads in the vicinity cannot be made If you have any questions please do not hesitate to contact me at our offices. Sincerely, Ken Lerner Assistant Director of Planning & Zoning PROPOSED 20 \PRICE SIGN r �.I I f\ \ ' IN ��- E705nNG C6 ---- \ ---- \ TIE INTO STING SIDEKICK AT ELEV. 341V' -_-_ _-__ _- •♦ ' 1 AN 20 SF EXX SIGN r "I I I ` \ RIM � 344 \ � WESTERLY TIE-N AND'441.7' (EASTERLY � � \ NGTON ® (ro AL 40 SF) I, �.r�L-C_C F _ UVtiI 10' Nv. 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OUT 345.49 �3 I O _ _ - - _ __ _______________ JJ ---------------- )r OUTH BURUNGTON CONTRACTOR TO VERIFY LOCATION OF ALL UNDER- I E.N EXISTING CB GROUND UTILITIES PRIOR I W 1 \1 V1 - \REMOVE OR 4NDON - ��\\ •i 3 CB RN - 340.7t �I LOCATION MAP TO COMMENCING ANY / AND FILL SAND\ \ \ ti! \ / ��E INV. W 335.7t CONSTRUCTION I �ROPOSED 1 4L I \ a I ' NV. OUT 335.6t NTS / I H I 1 /� DEWALK 2 =cc =_= I -I // O \`M1\ \ ?o, I a? ♦ I \\ BURLINGTOEXISTING SOUTH+ / / I 1 /J MENYi� -� - 13 I I INTO CURB -3s�-� I / \ // \ I � �� \ \ i GRANITE CURB N/F SGN TO BE RELOCATED I \ I ` 11 // _J \ \ \ -- \ \ I \ CLEAR OF SIDEWALK I I I I- PROPOSED \ \ MOBIL OIL CO. \ IMPROVE EXISTING GRAVEL DRAINAGE I� i / I I ADI UNDERGROUND _ `\ \ \ I I ._ .1 W'' ( 1 BASK, BY GRATING ro PROVIDE SWALE LE NG TO EXISTING CATCH STORAGE TANKS I I \ 1` \ 1 \ �I I I VOL 34 PG. 288 11j ADEWATE PITCH. AVOID LOW SPOTS ` YY -35 _ \ I i 1 n .PROP11ii��,, - \ 1 \ h I I 1 SEE NOTf 9 l AND ADD GRAVEL AS NECESSARY_ ,II 11 348 \ k• tCAN �Vy) SEE EROSION CONTROL NOTES AND I EXISTING 'DO(40 X2 DETAILS ON DRAWING 3 OF 3. II s' nu r NOT ENTER' I / '�JI '\\ I MENT I IN p .� I OQ�M \"•t , I I ^ \� \ TO BEIR LOCATED 3 II 1 _-- _ J 1 y10 0' ,�..,,�, �- (HANDICAP ACC- II ll 1 I -- _ :. CONCR TE PAO .a17 I I ITV S I 1 HANDICAP ACC- 1 ESSIBLE RAMPS. I II \ 1 I I I _ _ - BENEATH CIE GPY. \ I (TYP)ESSIBLE RAMPS. \ (TYP) SEE DETAILS I /�.'•J i ONI DWG/2/OF 34� c3 ' _ 1 / \\ �I I w / \\ 2 DWG 2 OF 3� \ r r11I�I rI-�' I PAVED \ � I I \ DESCRIPTION AREA (S� 1G OF TOTAL .LINK 11 I I�:VlllllTSURFACE h 347 \ n I e RnwcOAND CANOPY - 7z.i90 2az 3oz _ yi// •T 1 I l II EXISTING 12" CRAP AVEMENT AND WALKS - ! GRAVELL PARKING AREA 24,630 5.8% I w II _ t / / ' P VED I ENTER I I TO BE REMOVED _ PROPO BLDG 0 I 4 TOTAL COVERAGE - 26,995 34.1% 70% SF ROD \ ' I GREEN SPACE a 52.185 65.9x 3Dx F.F. 347.25 1 \\\ I I PAVED 50' WILL RD FRONT YARD - 15.000 SEWER INV. OUT !.1 BOLLARD O I I AREA PAVED 6 0= I I AREA PAVEMENT AND WALKS - 0.973 26.2Z 70% - _ \ 1 �S 2 I I I GREEN SPACE a 10.973 73.25 70R ENDS- / ... \ 1 7 w G. I I - 160.00* 50' SPEAR ST. FRONT YARD - 10,157 M.W 349.95 PAVED I / - PAVEMENT AND WALKS 1,806 17.8S 307. / / 1 \ GREEN SPACE - 8,351 82.2% 70% +a56�69 \ � 51 � _ _ _ SURFACE ♦� � I V. IN - 3 4 \ 353 352 LOADING/ Y. OUT - 34 \ :T\6�\ "'\\ �� �---C,RAVEL AREA -----� s e _.- \ CONCRET- NOTES ,\ �- 346 347 _ \ � BARRIER 7, BOUNDARY AND SITE FEATURES INFORMATION SHOWN IS TAKEN FROM ENTITLED, 'PUT OF SURVEY N. LSNDEN TRUST 19 \ 1 CRASS AREA � PREPARED BY WARREN A ROBENSTEIN, LS, DATED DULY 19a7. S Q 0.0 ESTIMA 355 �354 �UW a l •w \� 5- , I `\ $ �� 2. SEWER INFORMATION 0 TAKEN FROM A PLAN ENTITLED ;NEW SEWAGE WORKS, STATIONS 0+23 TO 11+00 AND 30+00 TO 3;NEW EAST --- _ LOG BARRIERS TERRACE' PREPARED BY WEBSIER-MARTIN, INC, AS BUILT DATED HANDICAP ACCESSIBLE RAMP N41 \ © it I 1969. SEWER SERVICE LOCATION FIELD ESTABLISHED BY SOUTH S�T1A-- '35 WITH DEPRESSED CURB- "� / Z� Jgp.K, l�TL BURLINGTON DEPARTMENT OF PUBLIC WORKS ON 31 AUG. 1994. vl B 5.0 W / CONCR RB�C \ _COMMERCIAL TIE INTO 1 f I 3, TOPOGR529 APHIC INFORMATION SHOWN ON THIS OKAYING IS BASED \ ` �� 151.52' RESIDENTIAL INVERT ELEV. PROPOSED ON DRAVANG FILE 6083PROVIDED BY UVM LAND RECORDS o SID ALK - AT EXISTING WYE �' RECYCLING/ 4. FIELD VERIFY LOCATION, SIZE AND MATERIAL OF ALL EXISTING REMOVE EXISTING CB 345' t \ DUMPSTER ���.....JJJ UTIUTIES THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ALL N/F \ INDEPENDENTLY VERIFIED BY 74E OWNER OR I75 REPRESENTATIVE A. BAILLARGEON M \ EXISTING UTIUTIES BEFORE COMMENCING WORK AND AGREES TO BE \ \ VOL. 50 PG. 30 \ \ I c FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES WHICH MIGHT BE c> BENCHMARK IS RIM OF C OCCASIONED BY THE CONTRACTOR'S FAKURE TO EXACTLY LOCATE EXISTING MANHOLE VATH m AND PRESERVE ANY AND ALL UNDERGROUND UTILITIES AN ASSUMED ELEV. 353.03' 1 PROVIDE SURFACE STABILIZATION WHERE\ I - 5. THE PROPOSED GE SYSTEM ELEVATION AND SITE GRADES M.H. 346.75 PROPOSED SWALE SLOPE EXCEEDS Sz \ ARE SUBJECT TO CHANGE PENDING DEPARTMENT OF PUBLIC WORKS RIM a 353.03 SEE DETAIL ON DRAWING 3 OF 3 \ APPROVAL OF PROPOSAL AND FIELD VERIFICATION OF LOCATION, INV. IN 7 346.73' SIZE AND ELEVATION OF EXISTING DRAINAGE STRUCTURES. INV. OUT - 346.73 S. THE PROPOSED SIDEWALK ALONG SPEAR SiREET/WIWSTON ROAD SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY OF SOUTH BURLINGTON CONSTRUCTION SPECIFICATIONS OWNER SHALL PROVIDE CITY WITH N/F APPROPRIATE EASEMENT TO ACCOMMODATE PROPOSED SIDEWALK. PRCPOSED SIDEWALK LOCATION IS SUBJECT TO CHANGE FINAL LEGEND BURLINGTON TENNIS CLUB INC. LOCATION TO BE DETERMINED BY CITY OF SOUTH BURLINGTON. EXISTING B' SEWER MAIN s-e EXISTING IRON POST O, I 7, THEOWNER/CONTRACTORSOUTH BURLINGTON ING SHALL OBTAIN ROAD OPENING PERMIT FROM EXISTING 1Y DI WATER MAIN V:-12 EXISTING SEWER MANHOLE 0 THE SOUTH BUR THIN R STREET DEPARTMENT PRIOR R COMMENCING CONSTRUCTIONAVEM WITHIN RIGHT-OF-WAY. STREET DEPARTMENT WILL EXISTING 8' ASB CEMENT WATER MAIN -•-e EXISTING MANHOLE ' PATCH PAVEMENT. ® PRIOR TO CONSTRUCTION THE CONTRACTOR SHALL B REFER TO LANDSCAPING AND PLANTING SPEgFlCATIONi PLAN PREPARED BY T.J. BOYLE ASSOCIATES FOR LIGHTING, oI EXISTING TELEPHONE LINE i EXISTING CATCHBASIN ❑ CALL "DIGSAFE" AT 1-800-225-4977 TO LOCATE 9. TO ACCOMODATE PROJECT ACCESS AND SIDEWALX ON VAWSTON ROAD EXISTING NATURAL GAS LINE G EXISTING ROAD SIGN v THE EXISTING FIRE HYDRANT MAY NEED TO BE MOVED. CONSULT THE EASEMENT EXISTING UTILITY POLE 4 UNDERGROUND UTILITIES. WORKS TMDIOF I � OR DETEnw� DETERMINATION. FIRE gi9F AND PUBLIC PROPOSED 3/4- WATER SERVICE M-3/4 PROPOSED OIL/WATER SEPERATOR/CATCHBASIN 10. PROPOSED MEDIAN ISLAND LOCATED AT THE CENTERLINE OF YAWSTON ROAD AND PROPOSED TRIANGULAR ISLAND LOCATED AT THE WLUSTON PROPOSED 4' SEWER SERVICE EXISTING FIRE HYDRANT ROAD ACCESS SHALL BE CONSTRUCTED WITH GRANITE SLOPE EDGING IN 50.65' ACCORDANCE WITH IT AOT STANDARDS A-43 AND C-1. EXISTING CONTOUR - - - - - - - - - - - - - PROPOSED YARD CATCHBASIN SITE PLAN PROPERTY LINE - - PROPOSED SEWER CLEANOUT �. EXISTING CONCRETE CURB EXISTING CONCRETE SIDEWALK TIMBERLAKE PROPOSED CONCRETE CURB PROPOSED CONCRETE SIDEWALK GRAPHIC SCALE smm ASSOCIATES _ PROPOSED GRANITE SLOPE EDGING EXISTING WARD RAIL m e w SOUTH BURLINGTON SCOTT MICHAEL MAPES PROPOSED FILLING POSITION Q I EXXON POST OFFICE BOX 5517 (M •!20 ) REVISED: 8 MAY 1996 801 WIWSTON ROAD BURUNGTON, VERMONT FIu NAUE:SoxmL-1F I m°h 6- DRAWING 1 OF 3 SOUTH BURLINGTON, VT eoT-ee4-TOG 1 MAY 1995 Zoning Board Suggested Findings of Fact March 27, 1995 ZBA granted conditional use permit allowing for construction of a 1740 square foot convenience store with 1920 square foot pump island canopy and ATM. ZBA plan included a condition that access be "in only" from East Terrace/Spear Street. Controlled dual access from Williston Road. Planning Commission reduced convenience store to 900 square feet and reduced pump island canopy to 1440 square feet with ATM. The new application submitted to the ZBA reduces the store to 900 square feet. Reduces the canopy from 1440 square feet to 1280 square feet. Reduced the parking spaces from 23 to 7 spaces. The fueling positions are reduced from 4 to 3. Additional landscaping has been added to protect the residential zone located to the rear of the property. �✓ ;an6--"from re i ed plan was submitted to the ZBA. The revised plan provides o a dual access from East Terrace (as approved by the Planning .'` ssi:bn) . A dual access from Williston Road (as approved by the nl�n Board of Adjustment) and the installation of right turn exit East Terrace/Spear Street. A revise plan of record (May 10, 1996) eliminates the turning lane on East Terrace/Spear Street and adds a median barrier on Williston Road across the dual curb cut on Williston Road, Traffic impact assessment revised to January 5, 1996 submitted by Robert Alexander traffic engineer for Pinkham Engineering Associates, Inc. addresses P.M. peak hour trips. Projected for three (3) fueling positions 60 v.t.e's for 900 square feet convenience store 56 v.t.e.'s. Previous use traffic volumes Counts taken from Vermont Federal Bank located on Williston Road. P.M. peak hour 713 VTE's. Counts from Chittenden Bank Shelburne Road (Factory Outlet) 235 vte's P.M. peak hour. Average from two locations 204 vte's would be reasonable projection from previous land use. Lighting concerns Plans submitted by Terry Boyle landscape architect. Proposed fixture; shoe -box designed fixtures at a height of 15 feet. Foot candle power proposed low 28 to average 50. Proposed canopy lights less than Shell Station. (Shell Oil high reading 78 foot candle). Proposed lighting below maximum allowed within zoning regulations.< r . D.O.T. (State of Vermont) agrees to median design. Bob Alexander intends to have approval as to median design before construction. Installation of median along curb openings on Williston Road designed to prevent left hand turning movements. Williston Road at East Terrace/Spear Street presently at level -of -service C, study data submitted by D.O.T. State of Vermont. Proposed use will not change level -of -service. M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Richard Ward, Zoning Administrative Officer A�' Re: Findings of Fact for Timberlake Associates Date: May 24, 1996 Enclosed is a list of suggested findings. During deliberations on the Timberlake Associates appeal, the Board must draft findings and a decision. Please formulate your own findings so that we can prepare a decision that will withstand a court challenge. No doubt this one will be appealed. Thanks! A G E N D A South Burlington Zoning Board of Adjustment City Hall Conference Room 575 Dorset Street South Burlington, Vermont Meeting @7:00 P.M. Monday, June 3, 1996 1) Continue the tabled appeal of Timberlake Associates (appeal #1 of 4/22/96) to construct a mini -mart, gasoline sales and A.T.M. located at 801 Williston Road. Respectfully submitted, Richard Ward, Zoning Administrative Officer PINKHAM ENGINEERING ASSOCIATES, INC. Engineers •3 Planners ❖ Landscape Architects :• Sunveyors ADDENDUM TO TRAFFIC IMPACT ASSESSMENT (dated 11-16-95) SOUTH BURLINGTON EXXON January 5, 1996 5. Traffic Operations The major modification to the proposed plan are the conversion of the Williston Road drive to 1-way eastbound IN ONLY, the provision of IN and OUT lanes on the Spear Street (East Terrace) access, and widening for a 4th lane at the jug -handle signals on Williston Road. This will allow smooth yield -merge exiting movements, with eventual turns under signal control. The current volumes in the 3 lanes approaching the signals have the right turns being the heaviest of the three (left, thru, right) movements, so the new traffic combined with existing will have about double the storage length with the added 4th lane. The line of waiting vehicles will be shorter than present, allowing for the occasional weave -across movement of a vehicle turning left (westbound US-2) at the signals. Also this will significantly aid East Terrace motorists who have to execute a merge -weave move approaching the signals. K:..712.0\traf6add.rma The Maltex Building -a 431 Pine St., Burlington, VT 05401 ❖ Bus. (802) 658-5588 .• Fax (802) 658-3629 PINKHAM ENGINEERING ASSOCIATES, INC. Engineers v Planners :• Landscape Architects 4. Surveyors TRAFFIC IMPACT ASSESSMENT SOUTH BURLINGTON EXXON Revised November 16, 1995 The purpose of this report is to identify traffic impacts of a proposed gas station mini - mart on Williston Road (US 2) at the intersection of East Terrace, west of I-89 interchange #14. This development would include a 900 square foot building housing the mini -mart and cashier's area, and 2 gasoline pumps (3 fueling positions) on one island, with details shown on the project plans. Existinjq Conditions Williston Road (US 2) serves as the major land -service arterial between Burlington, the I-89 interchange, and South Burlington to the east. The street width is 82 feet past the site, operating with seven lanes: 2 through lanes running east & west, an exclusive right -turn lane westbound to East Avenue, an exclusive right -turn lane eastbound to Staples Plaza, and a dual -use left turn center lane past the project Williston Road drive. The alignment is straight; there is a slight downgrade eastbound through the jug -handle intersections, flattening to near level towards I-89 Exit 14. East Terrace, the project second access, is 3 lanes wide (1-way to the signals) past the drive, providing exclusive left -through -right lanes approaching the signals. The surrounding area is commercial, with institutional use (UVM) west of the jug - handle on US-2. 2. Trip Generation Traffic which can be expected from the gas station/mini-mart is estimated by utilizing trip generation rates published by the Institute of Transportation Engineers (ITE). In the 1995 5th Edition Update, many studies of existing Convenience Markets with gasoline pumps (Land Use Code 853) are summarized for a weekday p.m. peak hour, with a Data Plot on page 156 (see figure 1). The number of pumps is 2 (3 fueling positions); utilizing the Average Rate, this yields 60 trip ends in the afternoon peak hour. For comparison, reference was also made to the trip rate having the market floor area as the independent variable (see figure 2). The proposed store size is 900 square feet; the average rate shows 56 trip ends in the afternoon peak hour. The Maltex Building -: 431 Pine St., Burlington, VT 05401 :• Bus. (802) 658-5588 -:• Fax (802) 658-3629 Traffic Impact Assessment November 16, 1995 Page 2 In addition, there will be some trips generated by including an ATM at the store. An on -site count during a Thursday and Friday in August 1994 found an average of 21 ATM users during the PM peak hour (the bank lobby closed in March 1994). Averaging the two methods used, plus the ATM users, 79 trip ends could be possible from the proposed land use. It can be expected that a substantial number of the patrons will be pedestrians. This number of trips calculated, per ITE, is subject to considerable adjustment, based on site -specific conditions. Because left turns IN & OUT on Williston Road are prohibited as well as IN's only from the Spear Street --East Terrace jug -handle, the expected trips have to fall on the low side of the "average" curve (see Figures 1 & 2). Our judgment, based on many similar projects in the area and around the state, is that the number would range from one-half to two-thirds (40 to 53 trip ends) of the referenced value. 3. Previous Use Traffic Volumes The project comes within Zone 1 (major intersection) of South Burlington's Traffic Overlay District. Referring to Zoning Regulation Article 17.40, "Pre-existing... use... as long as estimated peak hour traffic volume is not increased," a review was made of traffic generated by typical drive-in branch banks. Counts were made at Vermont Federal Bank on Williston Road at Hinesburg Road in August (Appendix A), finding a PM peak hour 173 customers. An earlier study for Chittenden Bank on Shelburne Road at the Factory Outlet Center for 3 separate days in September, November, and December of 1992, found 235 trips in the PM peak hour. Averaging the two locations used, 204 trip ends could be reasonable from the previous land use, as a Drive-in Bank with a lobby and an ATM. Although the previous use is not considered applicable by the City, we find this pertinent input for overall background in judging this application. 4. Compliance with Traffic Overlay District I.T.E. has provided a method for quantifying Pass -By Trips, as adjustments to traffic generated. The driving volume at the gas station mini -mart is different from the amount of traffic added to the road system. Retail establishments attract a portion of their trips from traffic passing the site on their way from one location to another. In accordance with ITE Trip Generation Table V11-9 (see Figure 3), the average Pass -By Trip percentage is 66%. This results in a trip volume reduction of 52, yielding 27 trips in the PM peak hour. Also Traffic Impact Assessment November 16, 1995 Page 3 applicable is some significant reduction for prohibited turns (see end of Section 2 above), insuring compliance with the guidelines for Traffic Overlay Zone 1. 5. Traffic Operations Addressing the issue of possible left turns in or out of the site, a larger raised island is proposed (see plan) which effectively precludes either movement. The vertical curb extending 50 feet along Williston Road was governed by the requirement for 200' from Spear Street intersection to the west, and the extent of parcel frontage to the east. A prominent DO NOT ENTER sign will be facing westbound Williston Road vehicles, which could be supplemented with standard WRONG WAY and 1-WAY ARROW signs if found desirable. Observation was made of left turns IN and OUT (see Apdx. A) of the neighboring gas station just easterly, during the 4 to 6 PM time period on Friday September 1, 1995. It can be noted that "metering" effect takes place during the peak 4:30 - 5:30 hour, wherein only 5 vehicles entered and 1 exited. It is believed that the same effect applies at the proposed drive, with the above -noted physical features strongly reinforcing the prohibition of these un-wanted movements. Accident data from State Highway Sorted Accident file (VT A.O.T.) was reviewed for the years 1989 to 1993 on US-2 for "mid -block" type, betweerf signals, for the +/- 400' bracketing the drive. Three of 18 accidents were identified as turning and entering type, with the vast majority being rear end type often found at approaches to signals. A similar proportion holds for the +/- 900 feet extending easterly to the raised median island included in the cloverleaf I-89 interchange. The turning and entering accident rate is not considered significantly high with the volume of traffic involved. In summary, the conversion of the existing Drive -In bank to a mini -mart with gas pumps should not have an undue adverse impact on traffic capacity and safety in the area. This is particularly true when considering the design constraints placed on the specific site, which effectively eliminate the most common problem -causing traffic movements. Prepared by: Robert M. Alexander, P. E. Traffic Engineer K�.A7120\TRAFFIC6.kwp Convenience Market with Gasoline Pumps (853) Average Vehicle Trip Ends vs: Vehicle Fueling Positions On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 46 Average Vehicle Fueling Positions: 8 Directional Distribution: 50% entering, 50% exiting Trio Generation per Vehicle Fueling Positions Average Rate Range of Rates Standard Deviation 19.98 7.60 - 75.50 12.23 Data Plot and Eauation 400 N 300 a C W m U m 200 m rn . cca m -- F . 100 _ - 0 x X X X X ..... *... .... .... , .'. ...X... ... . ...:.. x .: x x ... X-.. ........: .............. ... X X X. 2 3 4' 5:: 6 7 8 9: 10 11 12. 13 14 10 X = Vehicle Fueling Positions X'- Actual Data Points Fitted Curve Equation: Not given --r--- Average Rate Trip Generation, 5th Ed. Update, Feb.1995 Institute of Transportation Engineers F3, Convenience Market with Gasoline Pumps (853) Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a:' Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: Average 1000 Sq. Feet GFA: 3 r Directional Distribution: _ 500 entering, 50% exiting Trio Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 62.57 19.54 - 292.89 36.32 Data Plot and Equation z 400 300 200 100 X :.............. ................ ......... X X: X X X :X X X� X :.. ..... Y ............................ X X x'xC� X Xo ; X ; >( X XX xx .... ............ X .. .....: ............. ............. X X X: xx X X 0 1 X Actual Data Points s X = 1000 Sq. Feet Gross Floor Area Fitted Curve Equation: Not given 4 5 ------ Average Rate R2 = **** Trip Generation, 5th Ed. Update, Feb.1995 a Institute of Transportation Engineers �9� b Table VII-9 Summary of Weekday Pass -By Trips and Diverted Linked Trips P.M. Peak Hour of Adjacent Street Traffic o' Land Use 853 - Convenience Market with Gasoline Pumps M a. Name of Size Location Weekday No. of Time Primary Non- Diverted Pass -By Adjacent Source C Development (Sq. Feet Survey Date Inter- Period Trip (%) Pass -By Linked Trip (%) Street Peak n GLA) views Trip N Trip (%) Hour a aVolume m 1. Confidential 2,761 Louisville Area, KY 1993 n/a 4 - 6 PM 11 - 27 62 2,875 KRPDA/ JCPWTD a 2. Confidential 2,400 Louisville Area, KY 1993 n/a 4 - 6 PM 13 - 29 58 2,655 KRPDA/ JCPWTD 3. Confidential 4,176 Louisville Area, KY 1993 n/a 4 - 6 PM 26 - 16 58 2,300 KRPDA/ JCPWTD cD U' 4. Confidential 2,620 Crestwood, KY 1993 n/a 4 - 6 PM 13 - 18 69 950 KRPDA/ JCPWTD 5. Confidential 3,696 Louisville Area, KY 1993 n/a 4 - 6 PM 16 - 23 61 2,175 KRPDA/ JCPWTD — 6. Confidential 2,982 Albany, IN 1993 rVa 4 - 6 PM 15 - 20 65 1,165 KRPDA/ JCPWTD rn 7. Confidential 2,310 Louisville, KY 1993 Na 4 - 6 PM 16 - 27 57 1,954 KRPDA/ JCPWTD 8. Confidential 2,170 New Albany, IN 1993 n/a 4 - 6 PM 16 - 36 48 820 KRPDA/ JCPWTD 9. Confidential 3,600 Louisville Area, KY 1993 n/a 4 - 6 PM 17 - 27 57 2,505 KRPDA/ JCPWTD 10. 7-Eleven 2,585 Seminole County, FL 1993 82 4 - 6 PM 20 - 7 73 n/a Tipton Assoc. 11. 7:-Eleven 2,585 Seminole County, FL 1993 98 4 - 6 PM 15 - 4 81 n/a Tipton Assoc. 12. Circle K 2,612 Seminole County, FL 1993 115 4 - 6 PM 16 - 15 69 n/a Tipton Assoc. 13. 7-Eleven 2,650 Volusia County, FL 1993 98 4 - 6 PM 15 - 11 74 n/a Tipton Assoc. 14. Handy Way 2,400 Volusia County, FL 1993 38 4 - 6 PM 24 - 2 74 n/a Tipton Assoc. N 15. 7- Eleven 2,650 Volusia County, FL 1993 82 4 - 6 PM 8 - 5 87 n/a Tipton Assoc. 0 Average Non -Pass -By Trip % 34% o' Average Primary Trip % 16% m Average Diverted Linked Trip % 18% Average Pass -By Trip % 66% ( , c0 cD m mill Ir d d r r r r r PINKHAM ENGINEERING ASSOCIATES, INC. Engineers Planners ❖ Landscape Architects Surveyors TRAFFIC IMPACT ASSESSMENT SOUTH BURLINGTON EXXON Revised September 25, 1995 The purpose of this report is to identify traffic impacts of a proposed gas station mini - mart on Williston Road (US 2) at the intersection of East Terrace, west of I-89 interchange #14. This development would include a 1200 square foot building housing the mini -mart and cashier's area, and 2 gasoline pumps on one island, with details shown on the project plans. 1. Existiniz Conditions Williston Road (US 2) serves as the major land -service arterial between Burlington, the I-89 interchange, and South Burlington to the east. The street width is 82 feet past the site, operating with seven lanes: 2 through lanes running east & west, an exclusive right -turn lane westbound to East Avenue, an exclusive right -turn lane eastbound to Staples Plaza, and a dual -use left turn center lane past the project Williston Road drive. The alignment is straight; there is a slight downgrade eastbound through the jug -handle intersections, flattening to near level towards 1-89 Exit 14. East Terrace, the project second access, is 3 lanes wide (1-way to the signals) past the drive, providing exclusive left -through -right lanes approaching the signals. The surrounding area is commercial, with institutional use (UVM) west -of the jug - handle on US-2. 2. Trip Generation Traffic which can be expected from the gas station/mini-mart is estimated by utilizing trip generation rates published by the Institute of Transportation Engineers (ITE). In the 1995 5th Edition Update, many studies of existing Convenience Markets with gasoline pumps (Land Use Code 853) are summarized for a weekday p.m. peak hour, with a Data Plot on page 156 (see figure 1). The number of pumps is 2 (4 fueling positions); utilizing the Average Rate, this yields 80 trip ends in the afternoon peak hour. For comparison, reference was also made to the trip rate having the market floor area as the independent variable (see figure 2). The proposed store size is 1200 square feet; the average raie shows 75 trip ends in the afternoon peak hour. The Maltex Building •:• 431 Pine St.. Burlington, VT 05401 ❖ Bus. (802) 658-5588 v Fax (802) 658-3629 SCOTT MICHAEL MAPES, P.E., ESQ. ENVIRONMENTAL ENGINEERING AND LAw n May 1996 South Burlington Planning and Zoning Attn: Dick Ward 575 Dorset Street South Burlington, 05403 Re: Timberlake Associates South Burlington Exxon 801 Williston Road Dear Dick: Please find attached hereto two copies of the recently revised project site plan and seven 11" X 17" reductions of the same for your review in advance of the May 13, 1996, Zoning Board of Adjustment Nearing. Please note that this plan combines features of plans previously approved by the Zoning Board and Planning Commission and illustrates a Williston Road median to disallow westbound left turns to the site. If you have any questions do not hesitate to call me. Thank you. Sincerely, �GO�T"C-- Scott Michael Mapes, P.E. SMM:sjm attach. cc: Timberlake Associates Terry J. Boyle Robert Alexander P.O. Box 5517 • Burlington, Vermont 05402-5517 • 802-864-8100 ' ' I Z) i 7d --- + OA L{` ! vvv ' _ - --- ► i I ki, � AM I I Traffic Impact Assessment September 25, 1995 Page 3 reduction of 59, yielding 40 trips in the PM peak hour. Using a very conservative 25% reduction (-10) for prohibited turns (see end of Section 2 above), the resulting 30 trips meets the guidelines for Traffic Overlay Zone 1. 5. Traffic Operations Addressing the issue of possible left turns in or out of the site, a larger raised island is proposed (see plan) which effectively precludes either movement. The vertical curb extending 50 feet along Williston Road was governed by the requirement for 200' from Spear Street intersection to the west, and the extent of parcel frontage to the east. A prominent DO NOT ENTER sign will be facing westbound Williston Road vehicles, which could be supplemented with standard WRONG WAY and 1-WAY ARROW signs if found desirable. Observation was made of left turns IN and OUT (see Apdx. A) of the neighboring gas station just easterly, during the 4 to 6 PM time period on Friday September 1, 1995. It can be noted that "metering" effect takes place during the peak 4:30 - 5:30 hour, wherein only 5 vehicles entered and 1 exited. It is believed that the same effect applies at the proposed drive, with the above -noted physical features strongly reinforcing the prohibition of these un-wanted movements. Accident data from State Highway Sorted Accident file (VT A.O.T.) was reviewed for the years 1989 to 1993 on US-2 for "mid -block" type, between signals, for the +/- 400' bracketing the drive. Three of 18 accidents were identified as turning and entering type, with the vast majority being rear end type often found at approaches to signals. A similar proportion holds for the +/- 900 feet extending easterly to the raised median island included in the cloverleaf I-89 interchange. The turning and entering accident rate is not considered significantly high with the volume of traffic involved. In summary, the conversion of the existing Drive -In bank to a mini -mart with gas pumps should not have an undue adverse impact on traffic capacity and safety in the area. This is particularly true when considering the design constraints placed on the specific site, which effectively eliminate the most common problem -causing traffic movements. Prepared by: Robert M. Alexander, P. E. Traffic Engineer JCA ..\7120\TRAFFI C5. kNvp Traffic Impact Assessment September 25, 1995 Page 2 In addition, there will be some trips generated by including an ATM at the store. An on -site count during a Thursday and Friday in August 1994 found an average of 21 ATM users during the PM peak hour (the bank lobby closed in March 1994). Averaging the two methods used, plus the ATM users, 99 trip ends could be possible from the proposed land use. It can be expected that a substantial number of the patrons will be pedestrians. This number of trips calculated, per ITE, is subject to considerable adjustment, based on site -specific conditions. Because left turns IN & OUT on Williston Road are prohibited as well as IN's only from the Spear Street --East Terrace jug -handle, the expected trips have to fall on the low side of the "average" curve (see Figures 1 & 2). Our judgment, based on many similar projects in the area and around the state, is that the number- would range from one-half to two-thirds (50 to 66 trip ends) of the referenced value. 3. Previous Use Traffic Volumes The project comes within Zone 1 (major intersection) of South Burlington's Traffic Overlay District. Referring to Zoning Regulation Article 17.40, "Pre-existing... use... as long as estimated peak hour traffic volume is not increased," a review was made of traffic generated by typical drive-in branch banks. Counts were made at Vermont Federal Bank on Williston Road at Hinesburg Road in August (Appendix A), finding a PM peak hour 173 customers. An earlier study for Chittenden Bank on Shelburne Road at the Factory Outlet Center for 3 separate days in September, November, and December of 1992, found 235 trips in the PM peak hour. Averaging the two locations used, 204 trip ends could be reasonable from the previous land use, as a Drive-in Bank with a lobby and an ATM. Although the previous use is not considered applicable by the City, we find this pertinent input for overall background in judging this application. 4. Compliance with Traffic Overlay District We find it very applicable, in discussing various types of traffic generators, to consider 'Pass -By" adjustments to traffic volumes. The driving volume at the gas station mini -mart is different from the amount of traffic added to the road system. Retail establishments attract a portion of their trips from traffic passing the site on their way from one location to another. In accordance with ITE Trip Generation Table V11-3 (pages I-27 and 28), the average Pass -By Trip percentage is 60%. This results in a trip volume DATE: ROUTES. �1�a s rGL'ktdfi�S LEFT -j�J s � L'U mpbu JT- Rcl. 4q;v 3: 00- :15 ' Plnkham Er• insefing ASCOC. Ind, 'F r 15- J: Y5 4: 00 4: 00- -:15 +:15- .. 4: 30 4: 45 4: 45- . 5: 00 5: 00 I 5:15 - 5:.:0 I o . 5: 30- 5: 45 b: 00 The hia!to t dUrlasng _ 431 Nine Gi. puriington, Vt. 05401 AFCIx. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 9, 1996 Dave Simendinger Timberlake Associates P.O. Box 2287 South Burlington, Vermont 05403 Re: Zoning Appeal Dear Mr. Simendinger: ZONING ADMINISTRATOR 658.7958 Be advised that the South Burlington Zoning Board of Adjustment will hold a public hearing at the City Offices, Conference Room, 575 Dorset Street, South Burlington, Vermont on Monday, April 22, 1996 at 7:00 P.M. to consider your request for a conditional use permit. Please plan to attend this hearing and be prepared to address the enclosed review criteria. If you have any questions, please don't hesitate to call me. Very truly, Richard Ward, Zoning Administrative Officer RW/mcp 1 Encl LEGAL NOTICES reci 655 Apl Sc In Sc Re 11 S( Bc h( th ni or Or 1 uUU­ ••�•.. -0811. it6,7&8,1996 IUTN BURLINGTON ZONING NOTICE LEGAL NOTICES 1 I I v1 d ri d t f Irt exi g ngle family Nelling with attach fame Ige onto a two y welling on a lot con- iining 11,725 square feet nd sixty seven (67) foot rontage and convert a duplex to a single family accordance with the dwelling located at 80-84 Burlington Zoning Hinesburg Road. ,nth ulations and Chapter �, Title 24, V.S.A. the Plans are on file with the uth Burlington Zoning South Burlington Plannilo- ,ard of Adjustment wit Id a public hearing at and Zoning Office, cater at city Hall, 575 a Burlington Mu Southipal Dorset Street, South Bur- Offices, confer- lington, Vermont. ice Room, 575 Dorset reet, South Burlington, Ri ornont on Monday, pro Z >-, 1996 at 7:00 PP O ,nsider the following: 1 _ Appeal of Timberlake A— ssociates, David Simoe al finger seekingg aPPP rom Section 12 20 Condi- ional uses sub section 2.213 convenience Itores & Section 26.65 Multiple uses of the South Burlington Zoning Regula- tions' is for per- mission to construct a mini -mart containing 900 square feet to includeratio gasoline sales operation with three (3) canopy dispensers 32'x40') and a interior au- er ma- tomatic on a parcelnk ) Of land containing 1.8 acres lo- cated at 801 Williston Road. #2. Appeal of Salamin Handy seeking a vanoanc from Section 25.00 mensional and lot cc h age requirements of the South Burlington Zoning Regulations. Request is for permission to con- struct a 20'x40 h addition to within forty - feet of the required front yard (Williston road) Pro - pion osed ace required Con es green sp a lot containing i5Osquare feet located at 1333 WillistonRoad- chardWard, oning Administrative fficer 6, 1996 #3. Appeal of Hy Gluten and Company, Roy Feld- man seeking a variance from Section 14.10 Per- mitted uses and approval I from Section 26.65 Mul- 'I tiple uses of the South Burlington Zoning Regula- iI lions. Request is for per- mission to operate a automotivefacilwind Meld storage b square feet) iu - tion with a personal ice use d.b.a. Jason's Drryy Cleaning located at 370 Dorset Street. #4 Appeal of Roland P. Decarreau seeking a vari- ance from Section 25.00 Area, density and dimen- sional requirements - Sec- tion 26.0 Non -complying structure, alterations of I the South Burlington ZOn- ing Regulations. Request is for permission to con, Continued Next Column M E M O R A N D U M To: South Burlington Zoning Board of Adjustment From: Richard Ward, Zoning Administrative Officer Re: Revised Plan for Timberlake Associates, 801 Williston Road Date: May 9, 1996 Revisions include: a) Dual access from East Terrace (as approved by the Planning Commission). b) Dual controlled access from Williston Road (as approved by the Zoning Board of Adjustment). c) Installation of a median barrier across curb cuts on Williston Road. d) Elimination of right turning lane on East Terrace. Proposed mini -mart 900 square feet, proposed canopy 32'x 40'. Lighting concerns will be addressed by Terry Boyle at May 13, 1996 meeting. ST1TZEL & PAGE-, P.C. ATTORNEYS AT LAW 171 BATTERY STREET IRALiNUTON, VERMONT 05401-7210 (802) 566.Ws (VOIC67)D) PAX 1-4w) "&2517 PATn a ►Aoa• JOUPH 9, MBL.RAN (-4M AD RRm U7 H.Y.) April 1, 1996 Mr. Richard Ward Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, L'T 05403 Re: Timberlake Assoc.iatQs; Sol 'Williston Road Dear Dick: OF COLNUL ARTHUR W. CIMO$lA ROBERT C. FLE TCHER I am writing wr revponae to your request relative to the above-refsreiv;s , ma t:ex". 5peci.fical.ly, you have asked whether th* applicant in *hi.1✓ caae must reapply to the gouth Burlington Zoning Board of -`"or cor d itio—' a l use approval for the proposed project. it is my under otanding that can August S , 1994, Timberlake Associates, a partnArolAtp controlled by the Simendinger family, applied to they Board of Adj'uStment for conditional ,tee approval to construct a 175C square foot convenience store with four gas pumps, an automated taller machine (ATM) and a 1840 square foot canopy at 8o:i Williston Road. The plan for this application depicted ingress and egress cu..b c,.Its on East Avenue and Williston Road. On October 24, 1994, the Board denied conditional use approval for Tiraberlake's proposal. On March 8, 1995, Timberlake submitted a new applivation for conditional use approval, this time requesting a !750 square foot convenience store with three gas pumps, an ATM ma4hine and a 1920 square foot canopy. On Larch 27, 1995 the Board granted conditional use approval for a 1740 scpja:e foot convenience store with three gas pumps, an ATM machine and a 2040 square foot. canopy. The plan for this applic: ition depicted an ingreas only curb c-ut on East Avenue and a foil access curb cut can Williston Road. on July 14, 1995, Timberlake applied to the South Burlington Planning Commi.asion for site plan approval. Like the proposal approved by the Board, :Timberlake's site plan depicted ingress only for East Avenue and full access on Williston Road. On September 12 and again an September 26, Timberlake %urmitted a modified version of its site plan. The Planning Commission denied the September 25 site plan. On October 27, 1995, Timberlake submitted ra site plan for a 900 square foot convenience store with two gas pumps, a deli, .ATM machine and 1440 square toot canopy. on January 9, 1996, Timberlake again Mr. Richard Ward April 1, 1996 Page 2 submitted a mc,dbi .ed P.Ian, educing cQropy to 1280 squat* feet, prca-vi,IJ 3I c ,t incrp.ii only ciar.b cut on willi %t.on Road and Ea fu�11 access carb cut on East Avenue with an addax, :. ight-'tux n .Nne , T.?:Q Planning Conunts:jt?n Orall-y approved this si -LG plan ai pl i catictl nn J n,-,,, xry 213, 199� and rZndergd a. final written decision s:n retrua.r.y 13, 1996, In early l'darclr', ri»msrous f asJ't Nvanua residenits fa..led d tIme-i-j' appeal of the Planning Con•mi ,pion' e &,—C-1o.ior with. the Environmental a;ouxt- i :at appeal is currently pending. Mr. David Simandinge:: has asked you wlflq her 'T'irberlatke mast reapply for conditional u$e approval since the site plan approved by the Planning CommissiQn is significantly diffewent from the project approved by the Board of Ndlustment. It is our opinion that Timberlake mint reapply for conditional use approval, if it intends to build i.'n accordance with the site plaizl ai�pru� �d by the Fla�:r;isrg �o�T��' ��ica. The January 9, 1996 site plan submitted by Timberlalk.a prcposes a relocated building "lla is si y, r i f Kanto - smal.l��. and offers different sem-v ices Lh4n the bu-ilding approved b;' the Board. In addition, the January 9, 19-36 sit* plan prapOses changes in the number of fuel puny al-kd the size of the fueling station. Finally, the January 9, i996 eit.e plan coma:ins substantial alterations in traffic 45..cess, circulation and parking. All of these factors impi.:i(.�pate ::he cz,;z�?it-1,oral ;I�ie ::ri.ter i.� set forth in 24 V.S.A. 4407 (5) and, ucnsQ:1aent1y, require rnv-1.a w by t)7-e Board. I am not aware of any, provision of either the zoning bylaws or `title 24 that w o"W prohib:Lt Timber lakes fA of reapplying for conditional use approTa'al f<)r trxe project approved by the Planning Commission during the penOaArcy of the appeal to the Environmental Court, of course, the possibility exists than the Environmental Court will not appr-37e }he Jaruary 9, 1.996 site plan. H®*.Weyer, this Is a risk that Timberlake merit independently access in determining hov to pr' ;:.teed. Therefcre, if Ti.-mbe+ laka properly applies for ccndlti.;; al sae r-a%daw and pays the required fee, you should warn as public hearing on its proposal, I hope t::at thi,a letter is responsive to your roqlasat. Please le me Know if you have any questions. Very truly yo rs, J eph S. McLean /jam 8QN?O sa. coa 1) TIMBERLAKE ASSOCIATES, 801 WILLISTON ROAD The applicant will be submitting a revised plan to the Zoning Board of Adjustment and Planning Commission. Changes to the plan are as follows: Williston Road and East Terrace intersection will not be altered. Dual access will be proposed to East Terrace, this is a change from the original Zoning Board approved plan. The Williston Road curb cut will remain as approved by the Zoning Board. The applicant will install a median barrier on Williston Road in order to prevent any left turn movements. The revised plan is the lessor footprint (900 square feet min - mart). The applicant will address the lighting plan at the May 13, 1996 meeting.