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HomeMy WebLinkAboutMinutes - City Council - 12/03/1979CITY COUNCIL DECEMBER 3, 1979 The South Burlington City Council held a regular meeting on Monday, December 3, 1979 at 7:30 p.m. in the Conference Room, City Hall, 1175 Williston Road Members Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, Kenneth Jarvis, William Burgess Others Present William Szymanski, City Manager; James Goddette, Fire Chief; Rob Eley, Free Press; Peter Collins, Robert Carmichael, William Bellinger, Robert Martineau, John Holberg, Norman Abend, Richard Feeley, Bruce Houghton, Traffic Consultant Agenda additions Two items were added: signing a State Aid claim and discussion of the new State law on farmland. Minutes of November 19, 1979 Mr. Paulsen moved to approve the November 19, 1979 minutes and Mr. Flaherty seconded the motion. All were in favor. Disbursement orders Disbursement orders were signed by the Council. Discussion with Traffic Consultant, Bruce Houghton Mr. Farrar stated that he had asked Mr. Houghton to attend this meeting in regard to a discussion of Interim Zoning Applications before the Council. He asked Mr. Houghton where the city stood on traffic on Williston Road under current zoning and under the zoning proposed by the Planning Commission for that area. Where would the city be if Mr. Houghton's recommendations to widen Williston Road and put in a parallel connector road were implemented and the C1-C2 zones were in place? Would they be able to build using those zones and maintain a reasonable traffic level? Mr. Houghton replied that widening Williston Road to 5 lanes could only be effective if it were combined with a program for the consolidation of curb cuts. One problem with the road is the number of curb cuts and the other is the volume of traffic on the road which does not have a destination on that road. Other projects in the area, such as the South End Connector, may relieve some of that latter problem by taking some commuters who work in downtown Burlington off Williston Road and rerouting them on the new Connector and out of the city that way. Traffic generally takes the path of least resistance, even if that is longer in miles. Mr. Farrar asked Mr. Houghton whether, in his professional opinion, if the city zoned Williston Road as it had been zoned in the past and then completed widening Williston Road and Dorset Street and constructing a Southern Connector, they would have a situation where they could built to that zoning without traffic being a problem. Mr. Houghton replied that with good circulation and access he felt that the rest of the commercial land in the Williston Road, Dorset Street, Hinesburg Road area could accomodate the expected traffic. He felt that the city should look at how it built individual projects and how that affected the whole. In other words, if the problems of how many curb cuts to allow and where they should go were resolved, the individual projects would be all right. Projects should be looked at to see how they fit into the total picture of the area. Mr. Houghton was asked if he felt there was a significant difference between the present zoning on Williston Road and the proposed new zoning and he did not think there was a significant difference in the intensity of development allowed. He said that as commercial development increases, there will be a traffic increase and that it is how the city treats each project that will make a difference in traffic impact. Mr. Burgess said the new and old zoning might be the same in density but that the new zoning encouraged clustering. Mr. Houghton said that anything that consolidated curb cuts and improved internal traffic flow between developments was an improvement on a major corridor. Mr. Houghton was asked about the impact of a Foreign Trade Zone but he was not familiar with the type of traffic that might generate. Mr. Paulsen asked about the level of service at the Kennedy Drive - Williston Road intersection and was told that certain approaches were high C to low D level. Southern Connector Committee final meeting notes Cost on construction of access roads to Holmes Road Continue public hearings on the following Interim Zoning Applications North American Shopping Center Inc. to construct a shopping complex located easterly side of Shelburne Road (#1690) Mr. Houghton said that his first concern with the project was that he felt the access point on Shelburne Road should be controlled and that it be timed with the light presently at Bartlett Bay Road. That area should also be widened to provide two lanes into the center and provide for the least impact on Shelburne Road. He also was concerned about the orientation of the parking, which tends to create resistence for the cars trying to enter. They feel the parking should be parallel to rather than perpendicular to the building. Regarding the restaurant facility, Mr. Houghton noted that might be a bank and he said that branch banks seemed to have their peak hours at the peak hours of major corridors. Asked about right turn in and out only, Mr. Houghton did not think that would solve the problem. Mr. Houghton preferred to have a light at the intersection, but if that were not approved by the State, the option of right turns only would be better than nothing. Mr. Houghton stated that his experience with centers of this type in this area was that their peak traffic period coincided with the peak traffic on the adjacent road and that there would be a direct conflict with entering and exiting traffic. Mr. Flaherty said the applicant had expected to generate 80 trips per day per 1,000 feet of retail space. Mr. Houghton felt that was low for this area and said that his experience was that trip generation figures for this type of center were higher than the ITE manual suggested. He felt the estimated traffic should be at least 50% higher than the 80 figure, and noted again that most of the traffic would occur during the highest traffic peak on the road. Mr. Farrar asked whether, if a light were put in or turning movements restricted, with the traffic Mr. Houghton projected for this project, if it were allowed, the city could allow the center and still maintain level C on Shelburne Road in that area. Mr. Houghton felt it could be done with good signallization. He went on to say that in his judgement, if a light could not be placed for the access, there would be a more severe impact on Shelburne Road if traffic were forced to use the Green Mountain Drive intersection than there would be with a light at this area. He thought that with a light coordinated with the Bartlett Bay light, the city could maintain level C in that area. Asked about maintaining level C without a new light, he said he would have to do more evaluation of the area before he could say for sure on that. Mr. Peter Collins said the applicants had received favorable word on the possibility of a new light in that location. Mr. Abend, traffic expert for the applicants, said he agreed a new light would be preferable to turn restrictions. He noted that at the p.m. peak, traffic going north was light and suggested having the light actuated by traffic exiting the center. He also agreed about changing the parking direction. He also suggested lengthening the drive 20-30' more to allow for more stacking room for entering and exiting cars. Mr. Houghton wanted to channel the traffic flow and suggested some sort of barrier, such as a guardrail, on the ends of the parking stalls. Mr. Robert Martineau spoke to the Council as a private citizen of the city. He said he drove this section of road 3-4 times per day and had done so for 10 years at various times of day. In his opinion, a key intersection was the one at Bartlett Bay and Green Mountain Drive. In the morning, north bound traffic backs up beyond Allen Road and into Shelburne. Going south, 5 lanes become 2 and he said it did not need much restriction of the flow at the Bartlett Bay intersection to back traffic up in the whole corridor behind it. He was concerned with the adverse impact a center such as the one proposed would have on the area, particularly before any remedies, such as the Southern Connector, were put in place. He noted that a lot of people and commercial developments could be cut off from emergency vehicles if excessive congestion occurred in the area. Mr. Martineau also pointed out that the character of the area around the proposed shopping center was low traffic generating businesses, and he felt that this center was totally out of character for the area. With the precedent approval would set, he saw other similar developments in the area and a great increase in traffic. He noted that once cars reached Bartlett Bay Road, they accelerated in speed and that relieved traffic behind them. Mr. Houghton said the two lights could be timed so that a car would only be stopped by one. He also said there should be an extra lane on Shelburne Road for storage of left-turning cars into the center. He recommended a fully actuated light and said that if the cycle did not allow left turns because of heavy opposing traffic, a left turn cycle could be added by the light. Mr. Abend felt that there would be little or no traffic in the center at the a.m. peak and he noted that the services proposed were not new to the area. He also felt that some of the traffic expected was on the road already. He felt that the signal coordination with Green Mountain Drive would not affect the through traffic on Shelburne Road once the center was in. Mr. Flaherty asked about left turning traffic and was told the left turn lane would extend from Green Mountain Drive to this intersection. Mr. Flaherty asked if this could be a bad bottleneck at rush hour and was told it probably would not be, with this size center. Mr. Houghton felt good signallization could handle the traffic and felt a driver would see no more congestion with the additional light than is there now. In his opinion, with the new light and new lane, the city could still maintain level C traffic in that area. The lane could contain as many as 30 stacked cars. Mr. Burgess moved to close the public hearing on North American Shopping Centers to construct a shopping center at 1690 Shelburne Road. Mr. Jarvis seconded the motion and all voted aye. Ogden Associates, Richard Feeley, Agent requesting to occupy two existing structures as office or retail business complex - building #1 at 1161 Williston Road and building #2 at 10 Mary Street - Mr. Feeley read Mr. Houghton's comments on the proposal. He is still looking for tenants. He said they would put in the proposed access from Mary Street for the two parcels. They are looking for a low traffic business use for the Williston Road land. When they have a tenant for that building, they plan to renovate the Mary Street building (in the spring) and after that they will put in the other driveway and have an arrow showing that drive as the exit. He was not comfortable with restricting the Williston Road land to no exits onto that road at this time. He felt these were two separate parcels and should not be considered as one piece of land. Mr. Burgess pointed out that only one application had been made for the two parcels and he felt it should be considered that way, not as two individual applications. Mr. Farrar said the Council had to consider this one application. Mr. Feeley stated that he realized that there was one application because it appeared that there was an opportunity to handle some traffic problems that way, but he said that these were two separate and distinct parcels under common ownership now. He did not agree with Mr. Houghton's recommendation that traffic not be allowed to exit onto Williston Road, saying that if the Mary Street property were ever sold and the Williston Road parcel carried such a stipulation, people would not be able to exit from the property. He objected to the interpretation that this was one piece of land and one application, saying it was not. Mr. Flaherty moved to close the public hearing of Ogden Associates to occupy a building at 1161 Williston Road and one at 10 Mary Street for office or retail business uses. Mr. Paulsen seconded the motion and all voted aye. Review additional data and formulate action and stipulations on closed public hearing Vermont Federal Savings and Loan to convert existing structure (tire sales building) into bank facility with drive-in located at 1309 Williston Road Mr. Paulsen felt he might have missed part of the traffic analysis on this project and stated that he would abstain from the discussion tonight and possibly from the final vote. He will confirm whether or not he did miss some discussion. Mr. Flaherty felt such a building would upgrade the corner and he did not see a problem with the use. He noted that despite the fact that under the new zoning this was a high traffic generator, it was also a savings and loan facility, which has less traffic than a commercial bank. Mr. Burgess was not sure the traffic projected was accurate and was concerned that this might create a bad traffic situation Mr. Farrar felt the best solution to traffic would be joint access between this property and the shopping center to its rear. He was not sure people would be able to exit onto Hinesburg Road from this location, which is close to the intersection. He felt that using the shopping center exit would be the best solution. It is 40- 50' farther down Hinesburg Road. Mr. Jarvis moved that the City Council instruct the staff to draft a motion of approval for the Vermont Federal Savings and Loan to convert an existing structure into a bank facility with drive-in at 1309 Williston Road, with stipulations that incorporate all of Bruce Houghton's recommendations and that the bank be requested to try to work out a coordinated access with the adjacent property owner, and if that is available now or in the future, to make modifications necessary to implement it. Mr. Flaherty seconded the motion and it carried with Mr. Paulsen abstaining. Formal action on staff prepared motion for Interim Zoning Application William Bailey, David Arnold, agent - request to occupy an existing structure as a music store and business office at 166 Dorset Street Mr. Burgess moved that the South Burlington City Council approve the conditional use application of William Bailey of 30 Hanover Street and David Arnold of 129 Ledge Road requesting permission to convert an existing dwelling into a music store containing 350 square feet and two business offices containing 750 square feet located at 166 Dorset Street based on the following findings and stipulations: Findings 1. That the proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3, and 4 of Section 5 of the Interim Zoning Regulations. 2. That the proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant and verified by Traffic Engineering Associates. Stipulations 1. That screening approved by the Code Officer be erected or installed along the northerly property line. 2. That the applicant cooperate in the consolidation of curb cuts when the adjoining properties are commercially developed. Mr. Jarvis seconded the motion and it passed 5-0. Consider G.B.I.C. letter of 11/20/79 regarding Foreign Trade Zone Mr. Farrar stated that such a zone was an area in which goods could be moved into this country without paying duty and then the goods could be modified or repackaged and shipped out of the country, again without paying duty. Mr. Burgess wanted to give conceptual approval, but asked that GBIC be asked to provide more information on exactly what might be involved in the proposal. Mr. Paulsen also wanted more information. There is a public hearing to be held December 5 and it was suggested that Mr. Farrar or Mr. Szymanski, or both, attend the meeting. Mr. Burgess moved to authorize the Chairman of the City Council to submit a statement of support of the application to establish a Foreign Trade Zone. Mr. Jarvis seconded the motion and it carried 5-0. Sign Certificate of Opening Highway for Public Travel Mr. Szymanski said this dealt with the rebuilding of a section of Williston Road near Dorset Street. The certificate has to be signed to show that the road is now open for travel. By common consent of the Council members, the certificate was signed. Adopt resolution regarding legal fees in connection with the collection of delinquent taxes Mr. Szymanski said a new list of about 20 names had been submitted. Mr. Burgess moved that the Tax Collector (City Manager) is hereby authorized to pay legal fees in connection with tax sale proceedings in an amount not to exceed 15% of the uncollected tax on the items submitted on a two page document dated November 7, 1979, entitled "Delinquent Tax Accounts". Mr. Paulsen seconded the motion and it carried unanimously. Review Planning Commission and Zoning Board agendas It was noted that there was a delay in the hearings for the C1-C2 districts because the City Attorney had not looked at the proposal. He is doing so now. Sign State Aid claim Mr. Szymanski said this was for repaving Cheesefactory Road and was a little over $8,000. Mr. Flaherty moved to sign the State Aid claim. Mr. Paulsen seconded the motion and all voted aye. Old business Mr. Paulsen asked for an update on the non-conforming sign removal and was told the City Attorney was working on that. Mr. Flaherty requested a report on the item for the next meeting. Mr. Paulsen asked for an update on the on-site sewage regulations and was told they had to be retyped. That will be taken up in two weeks. Mr. Paulsen said he had received two calls from residents concerned about the inability to see joggers on Spear Street at dusk. It was suggested that the police be asked to warn them of the dangers (the joggers). Mr. Paulsen stated that he expected to see in the budget this year some positive action in answer to the recommendations of the accountants in the weak area of City Hall in regards to accounting, management, etc., outlined in the letter from the accountants. Discussion of new State law on farmland Mr. Farrar noted that two pieces of State law were in various stages now. One passed last year said that a working farm or forest can receive tax relief by means of an assessment lower than Fair Market Value and the State will make up the lost tax money to the community. He said that in the past the Board of Civil Authority for the city has reduced taxes to achieve the same goal and he wondered if the city was losing tax money that way. He wanted to look into that. Mr. Farrar also said the State might soon require 100% appraisals and might pay for part of the reappraisal costs. He asked that the Council be appraised of how to proceed on this. The meeting was adjourned at 9:45 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.