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HomeMy WebLinkAboutMinutes - City Council - 02/05/1974SOUTH BURLINGTON CITY COUNCIL MEETING FEBRUARY 5, 1974 The South Burlington City Council reconvened the recessed meeting of February 4, 1974 at 7:00 P.M. on Tuesday, February 5, 1974 in the City Hall Conference Room. Chairman Nardelli opened the meeting with the Pledge of Allegiance to the Flag. MEMBERS PRESENT Chairman Walter Nardelli, Michael D. Flaherty, Paul A. Farrar, Catherine M. Neubert and William J. Cimonetti. OTHERS PRESENT William J. Szymanski, City Manager; Ray Danis, Mr. J. Schuele, Eric Schuele, Mr. Merrill, John Dinglish, Reporter Leo O'Connor and several unidentified residents. Richard Ward, Zoning Administrator, came into the meeting after the Planning Commission meeting was adjourned. WORK SESSION ON AMENDMENTS TO PROPOSED ZONING ORDINANCE Chairman Nardelli outlined the work to be accomplished, to continue consideration of the amendments to the proposed zoning ordinance that were approved by the Planning Commission on January 24 and 25, 1974, as follows: Page 10 Sec. 8.00 and new Sec. 8.109 Mr. Flaherty made a motion to delete "Outside storage of goods requires approval of Planning Commission with BPD, and also to add a new section 8.109 on Page 11, Conditional Use - Outside storage of goods in connection with any permitted or conditional use. Mr. Farrar seconded the motion which passed unanimously. Page 12 Sec. 9.0011 Mrs. Neubert made a motion to change the period to a comma after the word "agencies" and to add the following: and their automotive repair and service facilities which are incidential to airport facilities. Mr. Flaherty seconded the motion which passed unanimously. Page 13 Airport Approach Zone After a lengthy discussion on this item as to the exact location of the area in question and the residences thereon, Mrs. Neubert made the following motion: Page 13 Airport Approach Zone To insert the words "in any district located" after the word permitted in the first paragraph and also to delete all of section (3) and substitute the following: "No new residential dwellings shall be permitted. Mr. Flaherty seconded the motion which passed unanimously. Page 13 Airport Approach Zone Mrs. Neubert made the following motion: Change the word Zone to "Cone" wherever it appears in the section. Also put the whole section in the General Provisions section. The motion was seconded by Mr. Flaherty and so passed. Page 14 Sec. 11.00 Mrs. Neubert made a motion to use the words acre and acres instead of symbols in the chart. Mr. Farrar seconded the motion which passed unanimously. Mrs. Neubert made a motion to delete the figures in the CO line. Mr. Flaherty seconded the motion which passed unanimously. Mr. Flaherty made a motion to change the Front Yard Minimum Depths in the AR district from 120 to 75. Mrs. Neubert seconded the motion which passed unanimously. Mr. Farrar made a motion that after the figures in the "Minimum Depths" for the R7, 4 asterisks be placed and in explanation of these symbols the words "per complex" be used, and also the word "Complex" be defined. Mrs. Neubert seconded the motion which passed unanimously. Mrs. Neubert made a motion to delete the three asterisks after the R7 designation and put the three asterisks after the lot size figure of 6,500. Mr. Flaherty seconded the motion which passed unanimously. Mr. Farrar made a motion that the explanation for the three asterisks after the 6,500 figure be designated "per dwelling." Mr. Cimonetti seconded the motion which passed with a 4 to 1 vote with Mrs. Neubert casting the "no" vote. Mr. Flaherty questioned the front, side, and rear yard requirements for the R7 designations. After considerable discussion the Council agreed to hold decisions on the minimum depths of R4 and R7. Page 15 New Sec. 11.15 Mrs. Neubert explained this new section which was approved by the Planning Commission on Jan. 24, 1974 as follows: Within Conservation Open Space District, lands under the same ownership may be added for computing density. She said consideration of this addition should be tabled until the CO District has been clarified and that the Planning Commission was working on it. She felt that rather than having a CO district there would be a Park District, that possibly a CO district would be spelled out in the General Provisions section. Page 15 New Sec. 11.15 City Manager Szymanski explained that the new section "Within Conservation Open Space District, lands under the same ownership may be added for computing density" could result in an increase in the density allowed. Page 15 Sec. 11.20 Mr. Flaherty made a motion to change the second word in this section from "building" to structure. Mrs. Neubert seconded the motion which passed unanimously. Page 15 Sec. 11.35 Mr. Farrar made a motion to delete the entire section 11.35 since it is covered in the General Provisions. Mrs. Neubert seconded the motion which passed unanimously. Page 16 Sec. 11.70 Mrs. Neubert made a motion to delete the first two words on the third line of the Site Plan Approval section 11.70 (subdivision and). Mr. Farrar seconded the motion which passed unanimously. Page 16 Sec. 11.70 Mr. Farrar made a motion to delete the period after the word dwellings in the fourth line of the first paragraph and add the words on pre-existing single lots. Mr. Flaherty seconded the motion which passed unanimously. Page 16 11.70 Mr. Szymanski read from a letter from the City Attorney that section (6) of section 11.70 was not necessary. Mr. Flaherty made a motion to delete subsection 6 of section 11.70 as recommended by the City Attorney. Mr. Farrar seconded the motion. There was considerable discussion on subsection 6 in regard to making certain that all items necessary to obtain site plan approval were submitted by the applicant. Mr. Flaherty then withdrew his motion and Mr. Farrar also withdrew his seconding of said motion. Mr. Cimonetti then made a motion to reject the Planning Commissions recommendation of January 25, 1974 to delete subsection (6) in section 11.70 on Page 16. Mr. Farrar seconded the motion which passed unanimously. Page 16 Sec. 11.70 (10) Mrs. Neubert made a motion that since the Council had voted to retain subsection (6), Planning Commission's recommendation to use subsection (6) for the following new section "Results of soil tests demonstrating all development capabilities" be amended to have that new subsection numbered #10 of subsection 11.70. Seconded by Mr. Farrar and passed unanimously. Page 16 Sec. 1170 (9) Mr. Cimonetti made a motion to delete all of subsection (4) and replace it with the new subsection (9) as follows "Information and data that the Planning Commission reasonably requires, including a cost estimate of all improvements to the site exclusive of buildings and other structures." Also, since subsection #9 was being placed in the subsection (4) slot, subsection (10) would now be numbered subsection (9). Seconded by Mr. Farrar and passed unanimously. The Council discussed subsection 3 (Period of time in which all site improvements will be completed), and agreed that it should be more explicit, i.e., whether or not a time table should be submitted for site plan approval spelling out building construction schedules. No action was taken on this at this time. Page 18 Sec. 11.80 Mr. Farrar questioned the use of the words dwelling unit in this section, saying it sounded to him as though a single family dwelling could be as small as 650 sq. ft. It was agreed that Section 651 of the 1964 Zoning Ordinance should be substituted for this section. On motion duly made seconded and so passed the Council adjourned at 9 P.M. for coffee and a short recess. Mr. Nardelli, Chairman, reconvened the meeting at 9:10 P.M. In regard to the next item to be considered, deletion of all of Subsection 3 of Section 12.002 (Will not cause an unreasonable burden on an existing water supply, if one is to be utilized), Mr. Cimonetti wondered if this had an implication of increasing the cost to the city of having to make our water supply sufficient. City Manager Szymanski said no. Page 18 Sec. 11.704 Mr. Flaherty made a motion to add the word new after the first word in the first sentence. Mrs. Neubert seconded the motion which passed unanimously. Page 19 Sec. 12.002 (3) Mr. Farrar made a motion to delete all of subsection 3 from section 12.002, (Will not cause an unreasonable burden on existing water supply, if one is to be utilized. Mrs. Neubert seconded the motion which passed unanimously. Page 20 Sec. 12.00 (14) Mrs. Neubert made a motion to delete the words Objectives and purposes to be served and from subsection 14 of section 12.00. Mr. Farrar seconded the motion which passed unanimously. Page 16 Sec. 11.70 (10) Mrs. Neubert made a motion to add a subsection 10 to section 11.70 as follows: Developmental timetable. Mr. Flaherty seconded the motion which passed unanimously. Page 20 Sec. 12.002 (15) Mrs. Neubert made a motion to add a new section, 15 to Section 12.002 on page 20 as follows, Objectives and purposes to be served. Mr. Flaherty seconded the motion which passed unanimously. Councilman Flaherty said he thought we should have a restriction on the amount, percentagewise, of business development allowed in PUD. He felt we should have some control. Mrs. Neubert agreed, saying she felt a formula should be worked up designating the percentage of business development to be allowed in PUD. The matter was tabled for future consideration. Page 20 Sec. 12.002 (4) Mr. Farrar made a motion to delete all of subsection 4 of section 12.002 "Will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water so that a dangerous or unhealthy condition may result. Mr. Flaherty seconded the motion which passed unanimously. After discussing subsection 2 of section 12.002 on page 21, Mrs. Neubert made a motion that Article 12, PUD, on page 19 be reviewed and rewritten by Mr. Flaherty and Mr. Nardelli. Motion seconded by Mr. Farrar and passed unanimously. During discussion it was made clear that all of the PUD, ARTICLE XII was to be rewritten. Page 21 Sec. 12004 Mr. Flaherty made a motion to omit the period at the end of the last sentence in the first paragraph and add the words and City Council. Mr. Flaherty seconded the motion which passed unanimously. Page 22 Sec. 13.00 Mr. Farrar made a motion to table any action on Section 13, General Provisions, suggesting that the entire section on General Provisions from the 1964 Zoning Ordinance be considered for use for all of the Section 13.00, Non-Conforming Uses and Structures, i. e. up to section 13.10. Seconded by Mr. Flaherty and passed unanimously. Page 25 Sec. 13.105 Mr. Flaherty made a motion to add a new section, number 13.105 as follows "Will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare." Mr. Flaherty seconded the motion which passed unanimously. Mr. Cimonetti made a motion to delete the first three words (will not alter) of the above new section 13.105. Mr. Farrar seconded the motion which passed unanimously. Page 26 Sec. 13.20 Mr. Flaherty made a motion to add the following after the word "occupations" on the fifth line of sec. 13.20: other than signs allowed by the City Sign Ordinance. Mr. Cimonetti seconded the motion which passed unanimously. Page 26 Sec. 13.30 Mrs. Neubert made a motion to add the following sentence (as a separate paragraph) in the section on Mobile Homes, Temporary construction trailers will be allowed with a permit from the Zoning Officer. The motion was seconded by Mr. Flaherty and passed unanimously. Page 27 Sec. 13.401 Mrs. Neubert made a motion to put a period after the word "lots" in the second paragraph on page 27 and then delete the rest of the wording in the paragraph. Mr. Flaherty seconded the motion which passed unanimously. Page 27 Sec. 13.401 After considerable discussion on the parking of travel trailers Mr. Cimonetti made a motion to add to the section on Travel Trailers the words "or in a driveway". The motion was seconded by Mr. Flaherty. The vote was 2 to 2, with Mr. Cimonetti and Mr. Flaherty voting yes, Mr. Nardelli and Mrs. Neubert voting no, and Mr. Farrar abstaining. Page 29 Sec. 13.70 Mr. Farrar made a motion to delete the wording "special exception" from line 4 of section 8, and substitute the words conditional use. Mr. Flaherty seconded the motion which passed unanimously. Page 29 Sec. 13.70 In discussing the Planning Commissions recommendation of January 25, 1974 to omit the period from the last sentence on page 29, and add the words as determined by the State Department of Water Resources, both Mr. Cimonetti and Mr. Farrar felt that we should have a legal definition from the state as to what the flood plain elevation is. Mr. Flaherty made a motion to amend the Planning Commission's amendments as follows: omit the period from the last sentence on page 29, and add the words as determined by the State Department of Water Resources as of the date of passage of this ordinance. Mrs. Neubert seconded the motion. The vote was four in favor, with Mr. Cimonetti voting against the motion. Page 30 Boundaries of CO Chairman Nardelli instructed Councilwoman Neubert to rewrite all of this section, which may be a Park District. Page 31 New sec. 13.85 Mr. Farrar made a motion to add a new section 13.85 as follows: Vehicle entrance - no curb cuts or vehicle entrance from any public street shall be built or maintained except in conformance with the City's standards. The motion was seconded by Mrs. Neubert and passed unanimously. Page 33 Sec. 14.30 Mr. Cimonetti made a motion to delete the following after the word is on the second line in the first paragraph, (substantial commencement of the work for which the permit was issued within such period of time) and substitute the following: a reasonable amount of objective evidence of intent to pursue the furtherance of the project for which the permit was issued. Also to delete the word (likewise) after the word "shall" on the fifth line in the same paragraph. Seconded by Mrs. Neubert and so passed. Page 34 Sec. 15.104 Mr. Farrar made a motion to change the word "or" to and/or in line 2 of sec. 15.104, also on the same line, after the word "compensation" add the words for more than one and less than ten persons. Mr. Flaherty seconded the motion which passed unanimously. Page 35 Sec. 15.112 Mr. Farrar made a motion to accept Section 15.112 as written with the addition of the words "or those placed in the home for adoption" after the words Legal adoption" in the sentence. The motion was seconded by Mr. Flaherty and passed unanimously. Page 35 Sec. 15.116 Mr. Flaherty made a motion to accept the change in the definition of Maximum Percentage of Lot Coverage as follows: that percentage of the area of a lot which may be occupied by buildings. Mr. Farrar seconded the motion which passed unanimously. Page 36 Sec. 15.122 Mr. Farrar made a motion to retain the definition for STREET as follows "Any public thoroughfare which affords the principal means of access to abutting property" and to accept Mr. Szymanski's definitions for minor, collector, and major streets as submitted: MINOR STREET - A street used primarily for direct access to residential, commercial, industrial, or other abutting property. COLLECTOR STREET - A street with three or more intersecting minor streets serving as a connector to the major street system. MAJOR STREET - A street used primarily for through traffic flow. These streets are designated in Section 11.001. Mr. Flaherty seconded the motion which passed with a 4–0 vote since Mrs. Neubert was not present at this time. Page 36 Sec. 121 Mr. Flaherty made a motion to accept the definitions of streams with the addition of "Winooski River" after Potash Brook in the major streams definition. Mr. Farrar seconded the motion which passed with a 4-0 vote since Mrs. Neubert was temporarily out of the Conference Room. Page 37 Sec. 15.128 Mr. Farrar made a motion to accept the definition of "low cost housing" as follows: Low Cost Housing is new housing which would sell for no more than $1,000 more than the lowest cost house on the market in the county during the 12 month period previous to the Planning Commission site review. The motion was seconded by Mr. Flaherty and passed with a 4-0 vote since Mrs. Neubert was not present during this vote. Page 38 Parking Mr. Farrar made a motion to accept the following parking requirements: Automobile and marina sales and service - 1 space for each 500 square feet of floor area. Display area shall not occupy required parking area. Automobile laundry - adequate off-street parking facilities for 15 vehicles. Contractors' yards, lumber yards, wholesale businesses, storage buildings, warehouses and truck terminals - 1 apace for each 1000 square feet of floor area. The motion was seconded by Mr. Flaherty and passed with a 4-0 vote since Mrs. Neubert was not present during this vote. MINOR STREAMS AND DRAINAGEWAYS Mr. Cimonetti pointed out that the map we are working with is in error, and Mr. Szymanski and Mr. Ward told him it would be corrected. Mr. Flaherty made a motion to change the legend on the map where it reads "Minor Streams" to Minor Streams and Drainageways. Mr. Cimonetti seconded the motion which passed unanimously. VICTORY PROPERTY Mrs. Neubert explained Mr. Victory's request to have his property on Williston Road zoned Business Retail. It is presently proposed as R4. Mr. Cimonetti made a motion to disregard the recommendation of the Planning Commission and continue the R4 designation on the Victory property. The motion was seconded by Mr. Flaherty and passed unanimously. O'BRIEN PROPERTY It was pointed out that the O'Briens had requested a BPD designation on their property south of the proposed Industrial Park Road to a depth of 200'. Mr. Szymanski and Mr. Ward were instructed to have the lines of the property designated and the matter was tabled. WHEELOCK PROPERTY ON SPEAR STREET No action was taken on a request to change the designation of property north of Swift Street and west of Spear Street. Mr. Szymanski was asked to designate the lines of the property. EAST WOODS No action was taken on a request to delete a small area of AR just east of East Woods and make it CO. THREE ROADS EXTENDED TO LAKE SHORE Mr. Farrar made a motion to delete the existing three roads extended to the lakeshore on the Transportation Map, and show the proposed roads as extending to the shore. Mr. Flaherty seconded the motion which passed unanimously. MOBILE HOMES Mrs. Neubert said we need to talk about Mobile Homes but no discussion followed at this time. COMPREHENSIVE PLAN Mr. Ward was asked to give the Council the Planning Commission's recommendations on the plan and he replied that it still has to be completed. SWIMMING POOL ORDINANCE Mr. Szymanski was instructed to insert the Regulations for Swimming Pools in the proposed ordinance from the Swimming Pool Ordinance of 1964. TABLE II - PERFORMANCE STANDARDS Mr. Ward was instructed to have the section on Performance Standards reviewed by experts. Mr. Cimonetti pointed out that references to regulations, such as regulations of the State of Penn. should be dated. SWIFT ESTATES There was a short discussion on the request to have Swift Estates designated CO. No action was taken. On motion made, seconded, and so passed the meeting was adjourned to be reconvened at 7:00 P.M. on Wednesday, February 6, 1974. Time of adjournment was 11:25 P.M. Approved Paul A. Farrar, Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.