HomeMy WebLinkAboutAgenda - City Council - 10/06/2008 +.3,00M„..LI.°r°M N.
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City of South Burlington
' ���;) 575 DORSET STREET
[-,,it i t twit SOUTH BURLINGTON, VERMONT 05403
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_ TEL. (802) 846-4107
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EN HA
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AGENDA
SOUTH BURLINGTON CITY COUNCIL
CITY NALL CONFERENCE ROOM
575 Dorset St
SOUTH BURLINGTON,VERMONT
Regular Session 7:00pm Monday, Oct. 6, 2008
1) Comments and Questions from the public(not related to the Agenda).
2) Announcements and City Manager's Report.
* 3) Public Hearing on amendment to Sign Ordinance to lower frontage requirements from 250 feet to 249
feet for additional 5 square foot sign allowance; Second Reading of same.
* 4) Public comment on action to allocate $125,000 from the Rooms and Meals Reserve Fund to 2009
budget to pay for emergency repairs to City Hall.
5) Discussion and comments regarding Town Meeting, Oct. 2, 2008.
6) Discussion with City Attorney regarding Act 250"agricultural mitigation" land and preserved Open
Space; Steve Stitzel, City Attorney.
7) Discussion of Council protocol regarding media contacts; Meaghan Emery.
* 8) Discussion of Council policy regarding vacancies and applications for City Boards and Committees.
* 9) Consideration of approval of application to CCMPO for Transportation Action Grant, Paul Conner,
Director of Planning &Zoning.
* 10) Consideration for capital equipment refunding notes for Police Copier and Cruiser.
* 11) Review agenda for Development Review Board meeting to be held Tuesday, Oct. 7, 2008.
* 12) Review and approve minutes from regular City Council meeting held Sept. 15, 2008.
* 13) Consider entering Executive Session to discuss real property acquisitions and condemnation
deliberation.
14) Adjourn
Respectfully Submitted:
(.1.--Q),V--......-------------
Charles Hafter, City Manager
New Text Document . txt
TUESDAY, OCTOBER 14, 7 : 00-9 : 00 p . m. , South Burlington High
School Auditorium: Nationally Known Personal safety Expert
to speak to Teens and their Parents/Guardians . Please join
us as Ken wooden of Teen Lures Prevention speak to parents ,
guardians , and students in Grades 6-12 on what middle/high
school students need to know to help keep themselves safe
from crimes targeted at teens . Ken is Founder of Teen Lures
Prevention and child Lures Prevention . This evening has
been organized by the south Burlington Parent-Teacher
organizations . For further information , please call
660-3189 .
Page 1
Cathyann LaRose, 03:13 PM 10/3/2008, South Burlington Energy Committee-Button Up... Page 1 of 3
Subject: South Burlington Energy Committee- Button Up Workshop- Scheduled!
Date: Fri, 3 Oct 2008 15:13:23 -0400
X-MS-Has-Attach: yes
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Thread-Topic: South Burlington Energy Committee- Button Up Workshop- Scheduled!
thread-index: Ackd5AjZERU3KXXMTfS63YEO7emn3wHoBhTwAAEgCLA=
From: "Cathyann LaRose" <clarose@sburl.com>
To: "Chuck Hafter" <chafter@sburl.com>,
"Chris Smith" <csmith@sburl.com>,
<dooleyvtl @comcast.net>,
"Meaghan Emery" <memery@sburl.com>,
"Sandy Dooley" <sdooley@sburl.corn>,
"Steve Magowan" <smagowan@sburl.com>,
"Mark Boucher" <mboucher@sburl.corn>,
<jshaw5226@aol.com>,
<rmcd34@msn.com>,
<robert.m cdonald@vt.usda.gov>,
<david.boyle3@us.arm y.m i I>,
"Lynn Fife" <chlfife@chicagoventure.com>,
<beaudin@comcast.net>,
<randykayl @comcast.net>,
<timothyduff@gmail.com>
Cc: "Paul Conner" <pconner@sburl.com>
X-Antivirus: AVG for E-mail 8.0.173 [270.7.5/1705]
Dear members of the Planning Commission and City Council,
I am pleased and excited to announce that South Burlington will be participating as one of 100 communities in
Vermont to host a Button Up Workshop.This workshop is designed to aid citizens in doing just that-buttoning up
their homes as the cold winter season approaches, conserving fuel and ultimately benefiting both the pocketbook
and the environment. Below is a message I just sent to some of my fellow volunteers in this effort.
I hope you will be as excited as I am. If you would like to remain included in future discussions and updates on
this effort, please let me know and I will be happy to copy you on future messages.
L 19,
Cathy LaRose X
Cathyann L. LaRose b [5°
Associate Planner
City of South Burlington
575 Dorset Street
South Burlington,VT 05403
Ph:802.846.4106
clarose@sburl.com
Printed for Charles Halter<chafter@sburl.com> 10/3/2008
The Vermont Statutes Online Page 1 of 3
The Vermont Statutes Online
Title 10: Conservation and Development
Chapter 151:State Land Use And Development Plans
6093. Mitigation of primary agricultural soils
§6093.Mitigation of primary agricultural soils
(a)Mitigation for loss of primary agricultural soils. Suitable mitigation for the conversion of primary
agricultural soils necessary to satisfy subdivision 6086(a)(9)(BXiv)of this title shall depend on where the
project tract is located.
(1)Project located in growth center. If the project tract is located in a designated growth center,an applicant
who complies with subdivision 6086(a)(9XBXiv)of this title shall deposit an offsite mitigation fee into the
Vermont housing and conservation trust fund established under section 312 of this title for the purpose of
preserving primary agricultural soils of equal or greater value with the highest priority given to preserving
prime agricultural soils as defined by the U.S.Department of Agriculture. Any required offsite mitigation
fee shall be derived by:
(A)determining the number of acres of primary agricultural soils affected by the proposed development or
subdivision;
(B)multiplying the number of affected acres of primary agricultural soils by a factor resulting in a ratio
established as follows:
(i)for development or subdivision within a designated growth center,the ratio shall be 1:1;
(ii)for residential construction that has a density of at least eight units of housing per acre,of which at least
eight units per acre or at least 40 percent of the units,on average,in the entire development or subdivision,
whichever is greater, meets the definition of affordable housing established in this chapter,no mitigation
shall be required. However,all affordable housing units shall be subject to housing subsidy covenants,as
defined in 27 V.S.A. §610,that preserve their affordability for a period of 99 years or longer. For purposes
of this section,housing that is rented shall be considered affordable housing when its inhabitants have a
gross annual household income that does not exceed 60 percent of the county median income or 60 percent
of the standard metropolitan statistical area income if the municipality is located in such an area.
(C)multiplying the resulting product by a"price-per-acre"value,which shall be based on the amount that
the secretary of agriculture,food and markets has determined to be the recent,per-acre cost to acquire
conservation easements for primary agricultural soils in the same geographic region as the proposed
development or subdivision.
(2)Project located outside designated growth center. If the project tract is not located in a designated growth
center,mitigation shall be provided on site in older to preserve primary agricultural soils for present and
future agricultural use,with special emphasis on preserving prime agricultural soils. Preservation of primary
http://www.leg.state.vt.us/statutes/fullsection.cfm?T"idle=10&Chapter=151&Section=06093 10/6/2008
The Vermont Statutes Online Page 2 of 3
agricultural soils shall be accomplished through innovative land use design resulting in compact
development patterns which will maintain a sufficient acreage of primary agricultural soils on the project
tract capable of supporting or contributing to an economic or commercial agricultural operation and shall be
enforceable by permit conditions issued by the district commission. The number of acres of primary
agricultural soils to be preserved shall be derived by:
(A)determining the number of acres of primary agricultural soils affected by the proposed development or
subdivision; and
(B)multiplying the number of affected acres of primary agricultural soils by a factor based on the quality of
those primary agricultural soils,and other factors as the secretary of agriculture, food and markets may
deem relevant,including the soil's location; accessibility; tract size;existing agricultural operations;water
sources; drainage; slope;the presence of ledge or protected wetlands;the infrastructure of the existing farm
or municipality in which the soils are located; and the N.R.C.S. rating system for Vermont soils. This factor
shall result in a ratio of no less than 2:1,but no more than 3:1, protected acres to acres of impacted primary
agricultural soils.
.. ... . mot. .
f _ w m. require onsite mitigation with special emphasis on preserving prime agricultural
soils i that action is deemed consistent with the agricultural elements of local and regional plans and the
goals of section 4302 of Title 24. In this situation,the approved plans must designate specific soils that shall
be preserved inside growth centers.For projects located within a designated growth center, all factors used
to calculate suitable mitigation acreage or fees,or some combination of these measures, shall be as specified
in this subsection, subject to a ratio of 1:1.
F s X 4 t e€ k@ettmum*,
_}€ e . `,approve off-site mitigation or some combination of onsite and off-site mitigation
if that action is deemed consistent with the agricultural elements of local and regional plans and the goals of
section 4302 of Title 24.For projects located outside a designated growth center,all factors used to
calculate suitable mitigation acreage or fees,or some combination of these measures, shall be as specified in
this subsection, subject to a ratio of no less than 2:1,but no more than 3:1.
(4)Industrial parks.
(A)Notwithstanding any provision of this chapter to the contrary, a conversion of primary agricultural soils
located in an industrial park as defined in subdivision 212(7)of this title and permitted under this chapter
and in existence as of January 1,2006, shall be allowed to pay a mitigation fee computed according to the
provisions of subdivision(1)of this subsection,except that it shall be entitled to a ratio of 1:1,protected
acres to acres of affected primary agricultural soil. Wan industrial park is developed to the fullest extent
before any expansion,this ratio shall apply to any contiguous expansion of such an industrial park that totals
no more than 25 percent of the area of the park or no more than 10 acres,whichever is larger;provided any
expansion based on percentage does not exceed 50 acres. Any expansion larger than that described in this
subdivision shall be subject to the mitigation provisions of this subsection at ratios that depend upon the
location of the expansion.
(B)In any application to a district commission for expansion of an existing industrial park, compact
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=l0&Chapter=151&Section=06093 10/6/2008
The Vermont Statutes Online Page 3 of 3
development patterns shall be encouraged that assure the most efficient use of lard and the realization of
maximum economic development potential through appropriate densities.
Industrial park expansions and industrial park infill shall not be subject to requirements established in
subdivision 6086(ax9XBXiii)of this tide,nor to requirements established in subdivision(9XCXiii).
(b)Easements required for protected lands. All primary agricultural soils preserved for commercial or
economic agricultural use by the Vermont housing and conservation board pursuant to this section shall be
protected by permanent conservation easements(grant of development rights and conservation restrictions)
conveyed to a qualified holder, as defined in section 821 of this title,with the ability to monitor and enforce
easements in perpetuity. Off-site mitigation fees may be used by the Vermont housing and conservation
board to pay reasonable staff or transaction costs,or both,of the board and agency of agriculture,food,and
markets to preserve primary agricultural soils or to implement section 6086(ax9XB)or 6093 of this title.
(Added 2005,No. 183 (Adj. Sess.), § 8;amended 2007,No. 65, §232a.)
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=10&Chapter=151&Section=06093 10/6/2008
Vermont Natural Resources Board
Land Use Panel
Guidance Document
June zii,2006
Criterion 9(B)of Title 10: Protection of Primary Agricultural Soils.
Act 183 of the Vermont Legislature: Effective July 1, 2006.
In recent years, major conflicts emerged in Act 250 when well designed projects
proposed for areas planned for intensive growth by the municipalities were subject to denial
since they had not been adequately clustered on the project tract in order to preserve a
sufficient acreage of prima a• 'cultural soils, a requirement of subcriterion 9(B)(iii)of Tale 10.
,4".. y a &a .a•' a a
. t �+ a �, . t � a £
I:-
lid to the passage of Act 183 this year and the codification of"offsite mitigation'through the
payment of fees.
Maximizing development densities in these areas, as allowed in Act 183, ultimately
serves to take development pressure off primary agricultural soils in outlying rural areas. The
Criterion 9(B) revisions approved in Act 183, effective July 1, 2006, promote more efficient
land use and thus are in concert with "smart growth"land use principles and one of the
statutory goals of Chapter 117 of Title 24 and Act 250's Capability and Development Plan
which is to promote "compact urban and village centers surrounded by open countryside."
Note: Legislative intent for the phrase"appropriate circumstances"appearing in this
subdivision is summarized in a letter from`Senator Ginny Lyons, Chair of the Senate Natural
Resources Committee to NRB Chair Pat Moulton Powden dated March 30, 2006 and includes
the following:
�ultnt l hvfal l s • i e .
r f � se . ,
parc4els Is .. 9 a It�" . ,
.plies W . k P i :s" 91� an I■e"#gri Metatu)",.W at
: sis on . a ,_ a r # agricultural
Note:As previously mentioned, for projects located outside designated growth centers, the
requirements of subcriterion 9(B)(iii) and subdivision 5093(a)(2) (implementing subcriterion
9(B)(iv)) are identical. So in order to implement any regulatory flexibility as provided for above,
a district commission needs to evaluate first whether"appropriate circumstances'exist and
then it needs to make the necessary determination whether to waive a strict application of the
"onsite mitigation' requirements of both subs riteria 9(B)(iii) and 9(B)(iv). The flexibility language
above will allow for"offsite mitigation,"in "appropriate circumstances,'or some combination of
"onsite or offsite mitigation." Please refer to the Statement of Procedure regarding the
Preservation of Primary Agricultural Soils adopted by the Land Use Panel of the Natural
Resources Board on June 27, 2006 which gives greater guidance regarding how the phrase
'appropriate circumstances"should be interpreted.
Vermont Natural Resources Board
Land Use Panel
Statement of Procedure:
Preservation of Primary Agricultural Soils
Adopted by the Land Use Panel:June 27,2006
Effective July 1,2006
(A) Purpose. In accordance with Chapter 25 of Title 3—Vermont's
Administrative Procedure Act, the land use panel of the natural resources board
hereby adopts a procedure to define and implement certain elements of 10
V.S.A. subdivision 6066(a)(9)(B) and 10 V.S.A. section 6093, effective July 1,
2006, relating to the protection of primary agricultural soils. 2005, No. 183 (Adj.
Sess.)
(B) Definitions.
(1) "Reduction in the potential of the primary agricultural
soils" means any loss or impairment of the potential of the primary
agricultural soils on the project tract to contribute or support an economic or
commercial agricultural operation.
(2)"Compact development patterns" means the use of
innovative land use design specifically intended to minimize or eliminate the
fragmentation of primary agricultural soils on a project tract, thus preserving
a percentage of the primary agricultural soils on a project tract or tracts,
capable of supporting or contributing to an economic or commercial
agricultural operation, consistent with the ratio requirements of Section 6093
of Title 10.
(C) Primary Agricultural Soils Mitigation Flexibility.
(1) Projects located outside designated growth centers.
In appropriate circumstances, the district environmental commission may,
in lieu of the provisions of subdivision (2) of Section 6093 of Title 10 and
subdivision 6086(a)(9)(Bxiii) of Title 10, require: payment of an offsite
mitigation fee; or, any combination of onsite or offsite mitigation, since a
strict application of subdivision 6086(aX9)(BXiii) of Title 10 would be VI
direct conflict with the flexibility authority granted by the legislature in
subdivision 6093(aX3)(B)of Title 10.
1
(2) "Appropriate circumstances" enabling the exercise of
mitigation flexibility.
(a) A determination of"appropriate circumstances," as used
in 10 V.S.A. Section 6093(aX3)(8), may be based on the following findings
by a district commission:
(i) the tract of land containing primary agricultural
soils is of limited value in terms of contributing to an economic or
commercial agricultural operation and that devoting the land to agricultural
uses is considered to be impractical based on the size of the tract of land, or
its location in relationship to other agricultural and nonagricultural uses, or
(II) the project tract is surrounded by or adjacent to
other high density development with supporting infrastructure and, as a
result of good land use design, the project will contribute to the existing
compact development patterns in the area, or
(Ili) the area contains a mixture of uses, including
commercial and industrial uses, and a significant residential component,
supported by municipal infrastructure, and
(iv) the district commission determines that payment
of an offsite mitigation fee, or some combination of onsite or offsite
mitigation, will best further the goal of preserving primary agricultural soils
for present and future agricultural use with special emphasis on protecting
prime agricultural soils thus serving to strengthen the long-term economic
viability of Vermont's abrii uiturai re:curoes.
(C) Preliminary Agreement with Agency of Agriculture. An applicant
may enter into a preliminary agreement with the secretary of agricufture,
food, and markets that identifies the primary agricultural soils on the project
tract or tracts; and, outlines the proposed mitigation for any reduction in the
potential of the primary agricultural soils on those lands. Any such
agreement shall serve as evidence that the soils have been adequately
identified and that the proposed mitigation satisfies the pertinent
requirements of subdivisions 6086(a)(9)(B)(iii) and (iv)of Title 10,
subject to final approval by the district environmental commission.
(D) General Requirements: Protection of Primary Agricultural Soils.
All primary agricultural soils preserved for agricultural use on a project tract
shall, at a minimum, be protected by permit conditions issued by the district
environmental commission. In certain situations, conservation easements
may be conveyed to a qualified holder, as defined in section 821 of title 10,
with the ability to monitor and enforce easements in perpetuity.
J:IADMIMTRNNINOMAANUALPinal Ag Procedure(S.142)(6 27 06).d.c
2
r .,
The Vermont Statutes Online Page 1 of 1
The Vermont Statutes Online
Title 10: Conservation and Development
Chapter 1 SS:Acquisition Of Interests In Land By Public Agencie
6302. Power to acquire
§6302.Power to acquire
(a)In order to carry out the purposes set forth in section 6301 of this title any owner of real property located
within this state or of any right or interest therein may sell,donate,devise,exchange or transfer that real
property or any right or interest therein to a municipality of this state,a state agency or a qualified
organization. A municipality of this state by the action of its legislative body or a state agency may acquire
such real property or any right and interest therein by purchase with any authorized funds,or by donation,
devise, exchange,or transfer, all as herein provided.
(b)For the purposes of this chapter, "real property" includes(without limitation)areas covered by water,
areas beneath the surface of the ground,air space,and any buildings,other structures,and other
improvements,and"real estate" as the same is defined in section 132 of Title 1.
(c)The general assembly hereby declares that the acquisition of real property or any right and interest
therein,for the purposes expressed in section 6301 of this title,constitutes a public use and a public purpose
for which public funds may be expended or advanced.
(d)Prior to the acquisition of any right or interest in real property by a state agency,the state agency shall
submit a report thereon to the legislative body of the municipality concerned, setting forth the location of
the real property,the characteristics of the right or interest to be acquired, and the consideration to be given
therefor. (1969,No. 229(Adj. Sess.), § 3; amended 1983,No. 71, § 1; 1983,No. 158 (Adj. Sess.),eff. April
13, 1984; 1987,No. 76, § 18; 1987,No. 200(Adj. Sess.), §43.)
http://www.leg.state.vt.us/statutes/fullsection.cfm?Tidee10&Chapter=155&Section=06302 10/6/2008
The Vermont Statutes Online P ,e 1 of 1
The Vermont Statutes Online
Title 10: Conservation and Development
Chapter 155:Acquisition Of Interests In Land By Public Agencie
6308. Termination of rights
§6308.Termination of rights
(a)If the legislative body of a municipality in the case of municipal rights or interests, or a state agency, in
the case of state-owned rights or interests, finds that the retention of the rights or interests is no longer
needed to carry out the purposes of this chapter,the rights or interests may be released and conveyed to the
co-owner,to another public agency,to another party holding other rights or interests in the land, or to a third
party.Where the conveyance is to a party other than another public agency or qualified organization,the
municipality or state agency shall receive adequate compensation from that party for the conveyance of the
rights or interests.
(b)Wherever possible,in order to promote the interests of the state, municipalities, qualified organizations,
or private landowners involved, agreements for the conveyance of rights or interests in real property less
than fee simple, entered into under the authority of this chapter, shall contain a provision limiting the
agreement to a specified number of years except where both parties agree, such agreements may provide for
the conveyance of rights and interests in perpetuity. (1969,No. 229(Adj. Sess.), §9;amended 1975,No.
186(Adj. Sess.); 1987,No. 200(Adj. Sess.), §47.)
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=l0&Chapter=155&Section=06308 10/6/2008
���6UNLIN°TpA,sty
City of South Burlington
' �/+ ��.��1/I;� 575 DORSET STREET
c�t;�`�t�'�it r. SOUTH BURLINGTON VERMONT 05403
TEL. (802) 846-4107
� .•`4 FAX (802) 846-4101
����� CITY MANAGER
ah' TOWN M � CHARLES E. HAFTER
October 2, 2008
Chair and City Council
South Burlington, VT 05403
Re: Public comment on action to allocate $125,000 from the Rooms and Meals Reserve
Fund to 2009 budget to pay for emergency repairs to City Hall
To All Members:
Attached is a Resolution passed by Council in July establishing a Capital Reserve Fund
with the proceeds from the local option rooms and meals tax. The Resolution also
establishes a process to allocate funds from this Reserve if Council identifies an
expenditure not included in the annual budget that cannot reasonably be deferred until the
next annual meeting. The process requires notification and public comment.
Please solicit public comment on the allocation of$125,000 to emergency repairs to City
Hall roof and interior walls damaged by leaks in the Police Department.
Following that comment, you may approve the transfer by motion.
Sincerely,
Charles Halter
City Manager
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July 1, 2008
Memo to: Chair and City Council
City Manager
From: Denis P. Gravelin, Assistant City Manager
Subject: Consideration of Roofing Bids
We have completed the bidding for the retrofit roofing project. After soliciting 13 bids,
the following three bids were received. Following our analysis of the proposals we
recommend that A.C. Hathorne be awarded the project.
Bidder: ACHathorne DG Roofing RoddRoofinq
Base bid - Main Roof $68,697.00 $83,200.00 $79,390.00
Warranty 882.00 868.00 9,100.00
$69,579.00 $84,068.00 $88,490.00
This bid together with the other work authorized last month is summarized as follows:
Mezzanine roofs $16,577
Interiors 31,845
Main roof retrofit+ 10% 75,437
$123,859
We recommend that$378,169.77 of the rooms, meals and alcohol tax revenue collected
thru March 2008 and future amounts be placed in a special reserve fund. We further
recommend that$125,000 be allocated from the reserve fund for the purpose of these
improvements to the roof and interior of the municipal building at 575 Dorset Street.
AMENDMENTS to the SOUTH BURLINGTON SIGN ORDINANCE
SOUTH BURLINGTON CITY COUNCIL
September 8, 2008
The South Burlington City Council Hereby Ordains:
New text is shown in_boldface; deletions in strip.
Table 9.1. Free Standing Signs -Additional Sign Area
Criterion Additional Sign Area(In Square Feet)
Frontage: 250 249'- <300' 5
Dated at South Burlington,Vermont,this ( day of October, 2008
Christopher Smith, Chairman
Mark L. Boucher
Stephen Magowan
Sandra Dooley
Meaghan Emery
i
(g) Additional Standards. All free-standing signs must meet the following additional
standards:
(I) All free-standing signs are to be designed and constructed of suitable materials
and erected and located in a manner which reinforces and respects the overall stated goals of this
Ordinance.
(2) All free-standing signs shall have a base condition that is landscaped in an
aesthetically pleasing or appropriate manner with hardy plant materials and/or elements that will
remain attractive throughout the year,or finished in such a manner, whether in groundcover, lawn
or hard surfaces so as to be appropriate and maintained for the entire year in an attractive manner.
Such landscaping may be planted in the ground at the base, or may be in planters, provided the
planters are fixed to the ground or sign.
Table 9.1 Free-Standing Signs—Additional Sign Area
Criterion Additional Sign Area (In Square Feet)
Frontage: 250' - < 300' 5
300' - < 350' 10
350' - <400' 15
400' - <450' 20
450' - < 500' 25
500' - < 550' 30
550' - < 600' 35
600' and more 40
Building Size (square feet):
25,000 - < 50,000 10
50,000 - < 75,000 20
75,000 - < 100,000 30
100,000 and more 40
* Example - A 43,000 square foot building on a lot with 325 feet of frontage would be
entitled to a 60 square foot free-standing sign (40 square foot sign area allowance + 10 square
foot frontage allowance + 10 square foot building size allowance = 60 square feet).
* Example - A 76,000 square foot building on a lot with 210 feet of frontage would be
entitled to a 70 square foot free-standing sign (40 square foot sign area allowance + 0 square foot
frontage allowance + 30 square foot building size allowance = 70 square feet).
(3) Signs or emblems indicating membership in national or regional organizations,
including credit card signs,or informing the public that gifts,trading stamps, or similar
promotional items are available on the premises, shall not be separately fastened to the outer edge
or support structure of the principal sign. Such features shall be displayed against the principal
sign face.
(4) Street names and numbers may be affixed to a free-standing sign or its support
structure and shall be exempt from area calculations so long as the letters do not exceed three (3)
inches in height and numbers do not exceed six(6) inches in height.
South Burlington Sign Ordinance Effective May 6, 2008 Page 16
d so,„BURLINOrp4,0.
City of South Burlington
cAt� I qi k.k. ii 575 DORSET STREET
11 ._����f��� b i�0 SOUTH BURLINGTON VERMONT 05403
TEL. (802) 846-4107
�'�y-a •'a FAX (802) 846-4101
GahtO,rowR ..... AGER
CHARLES ENHAFTER
October 3, 2008
Chair and City Council
South Burlington, VT 05403
Re: Public Hearing on amendment to Sign Ordinance to lower frontage requirements
from 250 feet to 249 feet for additional 5 square foot sign allowance; Second Reading of
same
To All Members:
Please hold the required public hearing for above described amendment to the Sign
Ordinance. A copy of the amendment is attached.
Following the hearing you may adopt the amendment by a majority vote on the Second
Reading. If any significant change is made to the proposed language, a rewarning and
another public hearing will be required.
Sincerely,
Char es Halter
City Manager
Cathyann LaRose, 03:13 PM 10/3/2008, South Burlington Energy Committee-Button Up... Page 2 of 3
www.sburl.com
From: Cathyann LaRose
Sent: Friday, October 03, 2008 2:44 PM
To: 'Peter'
Cc: Claire Milne; Deb Sachs; Ed Matthews; Frank Geier;Jen Jenkins; John St. Hilaire; Jonathan Miller; Maeve
McBride; Marie Ambusk; Paul Conner; Russell Agne; Steve Crowley; keithepstein@gmail.com;
kalence@gmavt.net; cforde@ccmpo.org;juliet@cgartistry.com; 'dmlestrange@msn.com'
Subject: South Burlington Energy Committee- Button Up Workshop- Scheduled!
Greetings friends and neighbors,
I am excited to announce that I have moved ahead and scheduled a date,time, and location for the Button Up
Vermont Workshop. Please mark your calendars for Monday, October 27th as we will welcome other friends and
neighbors to join us at the Tuttle Middle School Cafeteria on Dorset Street for this very exciting and vitally
important informational session as we head into what could be a very cold and difficult winter for many.
ego
A Vermont Home Enema 5w : Campaign
Workshop participants will receive educational materials on measures they can undertake themselves, contact
information for energy audit services, lending institutions that offer low-interest loans for energy retrofits, and
other information.
I promise more information on this workshop soon. In the interim, I will be working hard to ensure that we reach
as many people as possible,with special effort towards those most in need. I hope you can do the same.
My preliminary marketing approach includes:
1. A story in the Other Paper in advance of the meeting. I have spoken with Cohn Ryan and he is excited to
work on this with me.
2. An advertisement in the Other Paper the week before the meeting.
3. An advertisement in the Free Press in advance of the meeting. I am hoping to coordinate this with the
towns of Burlington, Shelburne, Hinesburg, Charlotte, Colchester and Essex in a format that will list all
dates and locations.With enough towns,we may be able to fund a substantially sized advertisement.
4. Direct mailings to senior groups.This will include assisted and unassisted congregate care facilities in
town, as well as other organizations. I plan to speak to Terry Audette of the SBurl Senior Center to
hopefully coordinate this effort.
5. Letters sent to the schools and hopefully mailed home to parents.This will be especially helpful in
reaching the target populations of English Language Learners and lower income households.
6. Postings to all neighborhoods in South Burlington via the Front Porch Forum.
7. We have 11"x17"posters that I plan to post around town. I would appreciate volunteers to assist in this
effort, both identifying potential high-traffic locations and to actually post them. I would like to include all
Printed for Charles Hafter<chafter@sburl.com> 10/3/2008
Cathyann LaRose, 03:13 PM 10/3/2008, South Burlington Energy Committee-Button Up... Page 3 of 3
supermarkets and schools. Ideas?Volunteers?
8. I will ask the School Board and the City Council to make public announcements at their upcoming
meetings.
I will also be sending letters and making phone calls to local groups to contribute food or supplies to the
workshop.This includes grocery stores and hardware stores.Any assistance here will also be appreciated. We
have really neat decals that the stores can display which indicate that they are supporters of the workshop and of
energy efficiency.
It is Friday and my excitement is getting ahead of me.As such I am sure I have missed several details, large and
small. Please feel free to add to this list, provide comment, or offer assistance. Thank you again for all of your
help thus far and I anticipate making this a successful event.
A Happy Fall Friday to all!
Cathy LaRose
Cathyann L. LaRose
Associate Planner
.'•
City of South Burlington
575 Dorset Street
South Burlington,VT 05403
Ph:802.846.4106
clarose®sburl.com
www.sburl.com
No virus found in this incoming message.
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Printed for Charles Hafter<chafter@sburl.com> 10/3/2008
October 3, 2008
Chair and City Council
South Burlington, VT 05403
EXECUTIVE SESSION
To: Chair and City Council
From: Chuck Hafter, City Manager
Re: Executive Session items
Steve Stitzel will be present to lead discussion on:
1. Marceau Meadows: Steve and I are scheduled to meet with John Larkin's
attorney on Monday afternoon and will bring you up to date on the status of the
purchase of the property. We were to meet last week, but the Jewish holiday's
interfered with the work of Larkin's attorney's firm. Steve has received an
indication that to release the ROFR and conditions in their agreement with the
Marceau's, they will try to leverage item 2 below.
2. Allen Road Land Company(John Larkin): The Council will deliberate on the
proposed condemnation of this property to retain the ability to potential construct Exit
12B in the future. You will be required to find"necessity" and set a compensation
amount for the taking.
/
The Other Paper;Thursday,OCTO 2,20()8
City'sCalldns LandOffer Is No Offer l
Dear Editor,
The City of South Burlington has offered to add 12 acres of open
land to the-Calkins Natural Area to comcompensate=or the&acres
pro-
posed far-the new Polite facility.This offer is conditional upon the
voters approving.the request for the 6-acres; . •
A search of the city's.Land;Records and those of the local Act 250
office reveals,to the beat of my knowledge, that:-these- 2 acres are
already conserved.
The city's claim that it,is"adding",1 acres to.the Calkins Net i.tal
Area appears to be false and`misleading.
-No new land'is being conlerved. Nothing new is being offered.
The city has failed to inform the pciblic that these 12 acres are al-
ready zoned as"Park&Recreation"and must be retained as open
land or parkiand under the terms of a 1987 LaidUse Permit(#4C0694)
and a 1987 Warranty Deed by which the City acquired a parcel of
some 28.25 acres. ,
The facts are:
•This parcel is already preserved as open land or parkland.
•-If is contiguous.with and:therefore de facto already part of the
Calkins Natural Area.
•The terms and conditions of the Land Use Permit attach to the land,.
no matter who-owns it.
•It cannot be,developed.
•Land Use Permit;#4C06 :stipulates "The remaining 20.8 acres of;
primary agricultural.so is will be a portion of the lands transferred to
the City which are to be used for parkland."
This lack of transparency on such an important issue is insulting to
the voters of South.Burlington.We deserve better ttian.that!The Po-
lice Department deserves better than that!I urge the voters of South
Burlington to consider these facts when deciding how to vote on this
question'onNove November 4.
Michael Mittag, -
South Burlington
The Other Paper Thursday,.OCTOBi 2-2008
" The Ptinctilon of Free-Speech is to vit€'d piste"
peeply Opp totheCtilidas r'
I agree that.a new police: i a ingotr
to the Calkins site.-Mangy►;others,agiee
into choosing the wrong site to.show
The current site(575 Dorset Street)
hale by city o Ic ials Whet it was fist ``
call y'iYiadcC}uate The vote faile4,at
se,but due to the price tag,laciness _a: r
plan for other city�g needs,.a, id E i' 7 , s
of other issues:the-city was; g
A Town Meeting will occur.tonight to"foster conversation and spread
information about-the proposal." It is interesting land disturbing)
that the conceptof the meeting.has changedo r i_h fait month. `
Originally planned to include two pan:
cons of the Calkins site and a freed t
learn that the meeting Will feature s=
man for both views, and.timie guar ii ,y riot.
comments)from the public.That does r
Meeting.I admire'ChiefWhipple,but i " •
department,which needs new facilities
dismayed);if he could bring the same zeal to bdik r E sue:
C-onsequently,_the presentation will inevitably l tilted ward
Calkins, the site.that the city administration favors, ` T� t11 011 AT .�4.
If citizens want to be fully informed, they shout .ask �t
pointed questions and beprepared`,,insist rc�nents ire '
heard--especially.if they pose the: use of natural area for a cit It zs mat S gu • t A
building. afso• policee, Few Going a.great jolt for:us They dta titteerii
Sarah L'Dopp, President, So.Burlington Land' st; • ' � '
caring a new Police Statto t
_be a wise nistake.-.A t:
`wise for Many reaso F ' '. � �
fop- create traffic problema at.
t �
Doirset-Sots,
itiSan_ineficieri4a
*Pitaiatble to the The
a
he m
? ifies o e 'duty
, fat
, latt.4 4d0tited rittig,
t
what of a precedent 44 lie t „
create? den s la 1 t kSci a a , t' p.
s ,P47,149,04
a - F, •3 meats
uny has w ltYL ! s r e> i a
4& tea sT s
�r a
�g.lait f l�'5 vela p L t , �� ,
open space is
Police Station on t,
Thank y ou, ti 3
Monica Ostby, South
d sURLINcr,yf�
J� '�� City of South Burlington
�`i�(c ! 4 )
SOUTH BURLINGTON VERMONT 05403
TEL. (802) 846-4107
°` FAX (802) 846-4101
���� CITY MANAGER
�ytO°rowR M°a° CHARLES E. HAFTER
October 2,2008
Chair and City Council
South Burlington,VT 05403
Re: Discussion of Council policy regarding vacancies and applications for City Boards and
Committees
To All Members:
I would like to have guidance from Council regarding the process to be used in seeking applicants
for City Boards and Committees, especially in the area of incumbents and vacancies.
While the practice has changed over the years,the current policy is as follows:
• When terms expire on a Board, incumbents are asked if they wish to serve again. If they
do,their names are supplied to City Council in June.
• No"notice"is required of incumbents who decide to serve again.
• If incumbents do not wish to serve again,advertisement and recruitment procedures are
undertaken to fill known vacancies.
• If all incumbents wish to continue,no public notice is given of the vacancy,unless the
incumbent is not reappointed. If this happens,we will advertise a vacancy.
• Because incumbents have been regularly reappointed, we have not wanted to generate
applicants who might become discouraged with public service if the interview process is
just an exercise.
• All applicants are interviewed for their initial appointment by City Council. After the
initial appointment, incumbents are not required to have an interview for reappointment.
(Previously, Council had interviewed all applicants,both incumbents and new, for only
the Planning Commission and DRB,but discontinued this years ago.)
• There are no term limits on any City Board or Commission. (Community Library had
term-limits,but dropped that provision.)
The question always comes up whether to advertise if all incumbents want to serve again.
Please discuss this process and if you wish to amend it.
Sincerely,
Chuck Hafter
City Manager
MEMORANDUM
TO: South Burlington City Council
FROM: Paul Conner, Director of Planning&Zoning
SUBJECT: Consideration of Approval to Apply for$50,000 Transportation Action Grant
DATE: October 2, 2008
The Planning&Zoning Department proposes to apply for a grant from the Chittenden County
Metropolitan Planning Organization(CCMPO)to conduct a study and prepare zoning tools that
will help transform land uses along Williston and Shelburne Roads from being car-dependant to
being mixed use, urban, pedestrian-friendly environments over the next twenty years.
The CCMPO has made grants of up to $50,000 available to member municipalities to undertake
a creative project related to transportation. The goal of the program is to advance programs
and/or initiatives that will explore new types of transportation solutions and new types of
transportation capacity in our region. A twenty(20) percent match is required, which would be
procured through funds from the Planning&Zoning Department's budget.
The grant funds would be used to build upon the results of the recently-completed US Route 2
Corridor Study. With City Center now on the horizon, and redevelopment beginning to take
place along both Williston Road and Shelburne Road in the past few years, the City has a
tremendous opportunity to reshape its primary transportation corridors for the 21a Century. Such
a transition will be complex. In the short term, businesses will continue to rely on automobile
traffic for the majority of their customers. Zoning regulations will need to recognize this need
while at the same time creating the conditions under which public transit, walking, and cycling
will thrive over time.
Specifically, it is anticipated that the work program will include two primary elements:
> A Williston Road redevelopment plan, which will look at opportunities for redevelopment,
infill, and integration with City Center;
Amendments to the City Land Development Regulations, including refinements to site plan
and planned unit development review standards; potential bonuses for energy efficiency/
LEED construction; a building height analysis and refined height standards; updates to the
table of uses and definitions; potential review of maximum and minimum densities and
building setbacks, and others as appropriate.
The CCMPO is making up to $250,000 available for these grants, the funds for which come from
a number of Federal sources and have been bundled together for this program.
CITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
sontliburlington
AGENDA
Tuesday, October 7, 2008 Regular Meeting 7:30pm
City Hall Conference Room - 575 Dorset Street
1. Other business/announcements.
2. Minutes of September 2, 2008 and September 16, 2008.
3. Final plat application#SD-08-48 of Pizzagalli Properties, LLC for a planned unit
development to subdivide a 14.54 acre parcel into three(3) lots of 5.73 acres (lot#6), 7.8
acres (lot#7), and 1.01 acres (lot#8), 47 Tilley Drive.
4. Continued final plat application #SD-08-34 of Dorset Street Associates LLC &G&A
Associates, LLC, to amend a planned unit development consisting of 149 residential
units. The amendment consists of: 1) adding 30 acres to the project area, 2)constructing
79 single family dwellings, and 3)constructing 30 multi-family dwelling units, 1530 Dorset
Street(Chittenden Cider Mill).
5. Design Review application#DR-08-10 of Vermont Indoor Golf Inc. seeking to obtain a
new master signage permit for the property in the Dorset Street/City Center Sign District.
The master signage permit would establish the design scheme for the freestanding and
wall signs on the property, 35 San Remo Drive.
6. Miscellaneous application#MS-08-10 of Stephen & Cheryl Savage for after-the-fact
approval for a 9'x12' deck constructed within the front setback requirement, 38 Country
Club Drive.
7. Preliminary plat application#SD-08-46 &final plat application #SD-08-47 of South
Burlington School District for a planned unit development for an educational facility. The
amendment consists of constructing a 33 foot high accessory structure(broadcast
booth), 550 Dorset Street(high school football field).
8. Site plan application#SP-08-87 of TJ Boyle &Associates, LLC to amend a site plan for a
104 unit multi-building residential complex. The amendment is for after-the-fact approval
to revise the landscaping plan by removing trees, 435 Dorset Street(Dorset Commons
Apartments).
9. Site plan application#SP-08-89 of F&M Development Co., LLC to amend a previously
approved plan for a 74 unit multi-family dwelling (Eastwood Commons II). The
amendment is for after-the-fact approval to: 1)construct a berm with 75 cubic yards of
material, and 2) install a 12 foot high fence to enclose an existing cooling tower, 410
Farrell Street.
10. Continued sketch plan application#SD-08-26 of South Burlington Realty Co.for a
planned unit development consisting of: 1) razing the existing 1000 sq.ft. building, and 2)
constructing a two(2)story 15,880 sq.ft. mixed use building, 2040 Williston Road.
11. Continued conditional use application#CU-07-09 of L.E. Farrell to change the use of a
94,000 sq.ft. light manufacturing building to warehousing, processing, storage&
distribution use, 20 Karen Drive(Pepsi plant).
12. Continued site plan application#SP-07-83 of L.E. Farrell to change the use of a 94,000
sq.ft. light manufacturing building to warehousing, processing, storage &distribution use,
20 Karen Drive(Pepsi plant).
13. Continued preliminary plat application #SD-08-76 and#SD-08-77 of Chittenden Bank re-
opening the hearing to amend a previously approved planned unit development of
704,655 sq.ft. GFA shopping complex with 618,846 sq.ft. of GLA.The amendment
consists of: 1) razing a 4879 sq. ft. drive-through bank, 2)constructing a 7310 sq. ft.
drive-through bank, and 3) installing a 1330 sq. ft. temporary drive-through bank. This
hearing is being re-opened to correct errors in the decision dated 12/13/07, 55 & 155
Dorset Street.
Resp J r Ily Submitte ,
/
R rn . Belair 1
Administrative Officer
- 1 -