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HomeMy WebLinkAboutMinutes - City Council - 02/07/1972SOUTH BURLINGTON CITY COUNCIL MEETING February 7, 1972 The South Burlington City Council held a regular meeting in the Conference Room of the City Hall on Williston Road on Monday, February 7, 1972. Chairman Stearns called the meeting to order at 7:30 P. M. with a Pledge of Allegiance to the Flag. MEMBERS PRESENT Raymond Stearns Frederick Blais Kenneth Jarvis Dr. Harold Brown, Jr. Walter Nardelli OTHERS PRESENT Mrs. Arlene Krapcho William Szymanski, City Manager Mrs. Nan Frymoyer, League of Women Voters Richard Ward, Zoning Administrator Mr. & Mrs. Donald Marriott, Andrews Ave.Charles Diggle, Hickock and Boardman Kay Neubert Donald O'Brien, BSSB Realty Trust Leo O'Connor, Burlington Free Press Terrance Boyle, Representing H. Potter on Yandow property development Wilbur Mower Dave DuBrul William Rowell Mr. and Mrs. Robert Irish ADDITIONS TO AGENDA It was unanimously approved to add the following items to the agenda: 8. Discussion on the Council's philosophy on zone changes as applicable to a motion made at Council meeting on January 24, 1972 (Requested by Mr. Blais) 9. Council's comments on abatement of poll tax penalties (requested by City Manager) MINUTES OF JANUARY 24, 1972 Walter Nardelli moved to accept the Minutes of January 24, 1972 as presented. Dr. Brown seconded the motion. Approval was unanimous. SIGN DISBURSEMENT ORDERS Chairman Stearns informed the members of the Council that disbursement orders were on the table to be signed before adjournment. FIRST READING OF ZONE CHANGE REQUEST - FROM BUSINESS DISTRICT B, RESIDENTIAL DISTRICT A, AND PLANNED DISTRICT - TO RESIDENTIAL DISTRICT C, ON PROPERTY LOCATED AT KENNEDY DRIVE AND WILLISTON ROAD Chairman Stearns read the proposed ordinance, following which he asked the City Manager to point out the area in question on the city map. Property is located on the south-west corner of Kennedy Drive and Williston Road, with 264 foot frontage on Williston Road. Access would be off Kennedy Drive, not off Williston Road. During discussion Mr. Nardelli said he believes an in depth study be made which would show the per capita tax increase incurred by each development, how much the city gets back from commercial enterprises in dollars, how much is paid out in city services for every resident. He noted there are 3300 taxpayer units in the city, 3,0000 of which are residential and 300 commercial. The weight of any subsidizing falls on the shoulders of these 3,300 taxpayers. He feels it is time to stop and know what our costs are in relation to money received for these commercial enterprises which are coming before the Council. Mr. Nardelli moved that the first reading of zone change request from Business District B. Residential District A, and Planned District to Residential District C, on property located at Kennedy Drive and Williston Road be turned down by the Council. Mr. Blais seconded the motion. During discussion of the motion Dr. Brown said perhaps the Council should set a policy in the future as to whether proposals of this nature should be discussed or whether they are automatically passed on to the Planning Commission after the first reading as has been done in the past. Mr. Nardelli noted there are 700 housing units coming to the area and he doesn't think the city is prepared economically to assume this responsibility of these hundreds of units. There are questions as to whether our sewage plans can take care of these units, what effect dollar-wise will they have on our city, is this feasible on a per-taxpayer basis? Mr. Blais stated that if it is felt that the city is in need of evaluating the overall planning concept, we cannot take the southeast quadrant only and dream. We must consider all the other land in the city as well and incorporate it all under a Master Plan. Mr. Stearns felt we must be equally as careful of any zone change until we have all the facts. It is just as horrendous to go from commercial to residential as it is to go from residential to commercial, he said. Donald O'Brien, representing BSSB Realty Trust, said that much of the information requested would come out of the Planning Commission during the course of its handling the hearing on this proposal. If the Council turns down the first reading it would stop there. Chairman Stearns noted the Council has received strong indication that they should hold up zone changes, with a definite timetable set up as to when they will have all the answers to their questions before taking action. The Council is talking in terms of June 1, 1972 and they will be adamant in keeping this date. Mr. Blais noted that these answers should be coming from the Planning Commission but in seven years they have not been received. The pressure point has been reached and we do not have the answers, he said. He hoped that with the hiring of a full time planner, we might have some clear objectives by June 1, 1972. "We do not have a very good record of planning in South Burlington but we will," said Mr. Blais. Vote on the motion was called of the zone change.: Result - Unanimous in favor of denying the first reading (5 to 0) FIRST READING OF ZONE CHANGE REQUEST - FROM RESIDENTIAL DISTRICT B to PLANNED DISTRICT ON YANDOW PROPERTY LOCATED EASTERLY OF LAUREL HILL DRIVE Chairman Stearns read the proposed ordinance Richard Ward, Zoning Administrator, pointed out the area on the zoning map for those in the audience. He noted that proposed development will be a condominium concept and he requested a ruling from John Ewing, City Attorney, who suggested that the land use go to Planned District rather than Residential C. Discussion followed. Mr. Nardelli said he recalled there was strong opposition to the Yandow development proposed a year or so ago from area residents who were concerned about increased traffic in the area, much of which would come down Laurel Hill Drive or MacIntosh Avenue. Residents signed petitions expressing concern for the large number of children in the area. He also emphasized that in this case also we do not know if we are benefiting from such a development or underwriting it. We must think about sewerage facilities, fire and police protection, schools. We must know the economic and financial effect on the city. Mr. Nardelli moved that the first reading of zone change request from Residential District B to Planned District on the Yandow property located easterly of Laurel Hill Drive, be denied. Mr. Blais seconded the motion. Discussion followed. Mr. Blais said he felt the discussion on the previous request for zone change at Kennedy Drive and Williston Road would apply to this request. Terrance Boyle who represented H. Potter, proposed developer, noted they are not asking for a change in land use but only a change in density. He urged that this request be allowed to go to the Planning Commission on its merit. He felt it was the responsibility of the developer to prove that he can show a ratio of tax benefit to cost to the city. Charles Diggle, representative of Hickock and Boardman, explained the proposed development is a new concept for residents 52 years or older (at least one member of the family must be 52 years or older), with no children who are under the age of 18. If a situation changed, the condominium would purchase the property back. Each unit would cost approximately $28,000. The developer would pay all the costs of sewerage, as well as the water. The low water-pressure will be solved, he said, by the Champlain Water District. The developer would meet all fire codes, and as far as Police protection, the city would be dealing with adults. All living units will be individually owned, not rented. With no children allowed under 18 years of age there would be no children in the school system. Mrs. Jean Marriott, Andrews Drive wanted to know if there are plans for Andrews Avenue and Sebring Road to be opened to Spear Street. Mr. Boyle stated there will be 50 to 60 units which will extend to Andrews Drive. The development will also have access to Spear Street and Oak Hill Drive. Donald Marriott, Andrews Drive expressed concern about the effect this development would have on the value of his home which he said was one of the highest priced homes in the area. Mr. Diggle said he believes this development will compliment the neighborhood and the developer hopes to have a hearing before the Planning Commission to give all residents the opportunity to ask questions and have them answered. Chairman Stearns noted that when zone changes are discussed, we get into specifics. A development might not meet Planning Commission requirements and changing the zone does not necessarily condone the project the developer has in mind. The question is, do we want to make any further changes until the Master Plan has been completed, he said. Mrs. Krapcho asked if the density is greater than is allowed. Mr. Boyle replied it is the same as 5.6 units per acre. He added that a local architect will be doing the work on the development and the developer has purchased property in South Burlington. Mr. Blais said he does not question the concept but we have not adopted ordinances for Planned District and we must be consistent in the approach we take and we must have guidelines before the developer comes before the Council; we must know what the results will be rather than be educated by the developer. This is the message the Council has received in the last two months. A vote on the motion was called: Result - Unanimous (5 to 0) in favor of denying the first reading of the zone change. CONSIDER THE STATE HIGHWAY DEPARTMENT PLAN FOR THE WILLISTON ROAD, EAST TERRACE, SPEAR STREET INTERSECTION RECONSTRUCTION. Mr. Szymanski outlined on a map for the benefit of all present the areas involved in the Highway Department plan under TOPICS. Chairman Stearns noted that land is available for a third lane from East Avenue to Gaines, when there is money available. Mrs. Frymoyer questioned why East Avenue could not be two-way traffic. Chairman Stearns said the traffic experts feel this is the best way to handle traffic in the long run. He stated that the red area designated on the map to East Terrace from Spear Street will be screened by 12' to 15' trees, giving protection to residents of that area. An unidentified resident asked if this plan would not increase traffic on Spear St. particularly so at night with traffic coming out of the university. Mr. Stearns agreed that it could but he doesn't see this as a horrendous problem. He thought it might mean widening Spear Street, noting there is now on the drawing board some improvements to Spear Street. He announced that there will be a public hearing on February 29, 1972 at 1:30 P. M. at the Waterman Building. Mr. Blais moved that the City Council acknowledge the Planning Commissions recommendation that the plan as submitted for the re-alignment of Williston Road, East Terrace and Spear Street be approved, and that the Council's approval of the plan as submitted be in writing. Mr. Jarvis seconded the motion and it was approved unanimously, (5 to 0). DISCUSSION ON THE COUNCIL'S PHILOSOPHY ON ZONE CHANGES AS APPLICABLE TO MOTION MADE AT COUNCIL MEETING JANUARY 24, 1972 Mr. Blais referred to the motion passed by the Council (see Minutes of January 24, 1972 Page 2) that no change of zonings (as per the 1964 zoning map) be made in the southeast quadrant of South Burlington until the completion on June 1, 1972 of the in depth study by the Planning Commission. Mr. Blais stated he believes we have similar problems in the rest of the city. "Mr. Ewing, City Attorney has advised us that we cannot take a portion of the city and, as a blanket, change the Master Plan for that portion of the city; we must handle each zoning change parcel by parcel", he added. He also said the city is not happy with the 1970 Master Plan and we are not in good shape anywhere in the city, as far as the Master Plan is concerned. If we expect the Planning Commission to get the Master Plan revision completed by June 1st, they should not be loaded down with hearings on all these developments, he felt. He requested that the Council extend its policy to the entire city, on any changes from the 1964 zoning map and wait until the Master Plan and Sub-division Regulations are ready for the whole city before taking action on developments proposed which require zone change, with the target date of June 1, 1972 for completion of the study. Mr. Blais moved that the Council set a policy not to entertain any requests for zone change any place in the city which is contrary to the 1964 zoning map until completion on June 1, 1972 of the in-depth study by the Planning Commission. Mr. Jarvis seconded the motion and it was approved unanimously. Mr. Ward raised the question of the recent approval by the Council of the first reading of zone change on the Brand property. Mr. Blais said he did not think this should be accepted but this decision must be made at the second reading by the Council. Mr. Blais made a motion that the City Council instruct the City Manager to withdraw the legal notice for implementation of zone changes. Mr. Jarvis seconded the motion and approval was unanimous. Mr. Blais made a motion that the City Council instruct the Planning Commission to spend 100% of their time on up-dating the Master Plan. Zoning Ordinances and Subdivision Regulations and, consistent with the time already set of June 1, 1972, that this would be completed by that date to allow for public hearings at that time. Mr. Nardelli seconded the motion and it was approved unanimously. ABATEMENT OF POLL TAX PENALTIES Mr. Szymanski presented a list of unpaid penalties for late payment of poll taxes. This amounts to approximately $19.00. Mr. Szymanski said they have been unable to collect the penalty payment for various reasons, either inability to pay or persons having moved, and he requested that the penalty payments be abated. Mr. Nardelli made a motion that the poll tax penalties be abated. Mr. Blais seconded the motion. Approval was unanimous. At this point of the meeting, the Council recessed for ten minutes for discussion of appointment to the Planning Commission. ************ Chairman Stearns reconvened the meeting at 9:20 P. M. He stated the Council is very pleased with the number of individuals who applied to serve on the Planning Commission. He would like to keep the names of all applicants on file to be reviewed when there is another vacancy on the commission, if there is no objection. A motion was made by Kenneth Jarvis to appoint Arthur Bailey to the Planning Commission to complete the unexpired term of Richard Haigis. Dr. Brown seconded the motion and it was approved unanimously. It was unanimously agreed to go into Executive Session to meet with Mrs. Piche, Deputy Tax Collector and to review the Police, Sewer and Highway Department's proposed 72-73 Budgets. The meeting was adjourned at 9:30 P. M. Approved -dg Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.