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HomeMy WebLinkAboutMinutes - City Council - 08/22/1994CITY COUNCIL 22 AUGUST 1994 The South Burlington City Council held a meeting on Monday, 22 August 1994, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset Street. Members Present: William Cimonetti, Chairman; Michael Flaherty, James Condos, Robert Chittenden, David Maclaughlin Also Present: Charles Hafter, City Manager; Joe Weith, City Planner; Albert Audette, Street Dept; Wallace Possich, Fire Dept; Brian Searles, Police Dept; Ralph Goodrich, Kristina Bielenberg, Shirley Adams, Arden Sonnenberg, James & Ann Sorrell, Gary Barnes, George Mona, Angie & Lula Ducas, Barbara & Wilbur Bull, Janet Campbell, Littleton Long, Heather Cabot, Dorothy & James Edgerton, Fred Taylor, Marguerite Paulsen, Margaret Miner, Richard Lovett, Dave Elwin, Joe Carpenter, Wendy, Shizu, & Richard Huestis, Ed Welch, Stephen Crowley, Shelley Snyder, Paul & Lisa Zengilowski, Jeff Nick, Pauline Landry, Judy Stephany, Faith Donoghue, David Heleba, Frank Mazur, Dave DeSarno, Thomas Chittenden, James Lubter, Bill Ballard, Linda Seavey, Lawrence Forcier, Terry Sheahan, Eric Fleggenheimer 1. Comments & Questions from the Audience not related to Agenda items: No issues were raised. 2. Announcements: a. Mr. Hafter announced the following up-coming meetings: 1. Board of Civil Authority, Monday, 29 August, 7:00 p.m. 2. Economic Development Committee, 30 August, 4:00 p.m. 3. Next City Council, 6 September, 7:30 p.m. b. Mr. Hafter noted that the new name of the Corrections facility is Chittenden Regional Corrections Facility. The S. Burlington Corrections Facility Liaison Committee will meet with the new Superintendent next week. c. On Thursday of this week, the final walk-through on the Dorset Street project will take place. d. Police Chief Searles reported on crime statistics in the city for the last fiscal year. Overall, reported crimes dropped 21% from the previous year. There were 83 burglaries for the 12-month period. A 35% increase in traffic enforcement resulted in a 13% drop in the number of reported accidents. e. Mr. Maclaughlin announced that on 21 October, South Burlington candidates for the Legislature are invited by Channel 17 to a taping starting at 5:45. 3. Public Hearing on Proposed Zoning Regulations Amendments and Amendment to the 1991 Comprehensive Plan; second reading of Zoning Amendments: Mr. Weith noted this is the first comprehensive update of zoning regulations in 10 years. Most changes resolve inconsistencies, but there are some substantive changes. The document has also been made more user friendly with exhibits, a land use matrix reference, and an expanded list of definitions. Mr. Weith then reviewed the substantive changes as follows: a. Creation of an Institutional-Agricultural District: This encompasses the UVM-owned properties along the Spear Street corridor which is currently zoned Agricultural-Rural Residential. The present zoning allows residential development at 1 unit per 10 acres but also allows a PRD at 2 units per acre on a minimum of 50 acres. The City Attorney feels this current zoning is incompatible with state statute which permits only a 25% density bonus (current bonus would be 2000%). In discussing the issue, the Planning Commission recognized the historic ownership of the lands and felt they were well suited to educational uses due to their proximity to UVM. Educational services also present a benefit to the larger community. The new zoning would allow agricultural and forestry uses and one single family dwelling per farm. Conditional uses would include educational facilities, educational support facilities, and research and testing. Public utility substations would also be allowed. The minimum lot size would be 10 acres and allowable coverages would be 10% for building coverage and 20% overall coverage. A 100 ft. wide buffer would be required along areas where this district abuts residential districts. b. Conservation-Open Space District: Some boundary changes have been made to this district. In addition, a 3-tier level of protection is now in place for major streams, minor streams, and drainageways. A 50 foot setback has been added around wetlands that appear on the wetlands map. Allowable uses in this district include: agriculture, horticulture, forestry, recreation paths, stormwater detention, and roads to access land on the other side of a wetland/open space area. Conditional uses include outdoor recreation, research related to conservation, and hydro electric power generation. The Planning Commission can approve encroachment into the district to rectify a natural disaster and for public facilities provided certain criteria are met. Watercourse relocation has been allowed in the district provided certain criteria are met. c. Southeast Quadrant: Density in the Quadrant is now 1.1 per acre with a 25% prd bonus if certain criteria are met. Since the adoption of this density, there have been 2 subdivisions in the quadrant, both requesting the 25% bonus. The Commission realized it lacked criteria to say if the bonus was justified and so decided it was too hard to apply the bonus fairly. The new regulations propose to delete the bonus but to increase density to 1.2 per acre. This will still result in the 4100-4300 total homes the city decided it wanted in the Quadrant. In the restricted areas of the Quadrant, recreation paths will now be allowed. No buildings or paved parking will be allowed in restricted areas. d. Central District (City Center): Presently, buildings must be located within an 80-foot envelope in order to put buildings closer to the street and create a downtown atmosphere. The present amendments propose to change the point from which the 80 foot envelope is measured to allow a 20-foot setback. The building envelope would be measured from the planned public right of way, not only from an existing right of way. To promote parking structures in the area, building coverage would be increased from 40% to 90% if the developer proposes a parking structure. The density range between base and bonus density has been narrowed because of parking concerns. Presently, only 50% of roofs in the area can be flat. The amendments propose a maximum height of 35 ft. with a minimum height of 25 ft. to discourage single story structures. The intent is to have buildings go up, not out. e. Traffic Overlay District: This district regulates the number of peak hour trip ends in buildings that front on major roads. Some boundary changes are proposed in these districts. The point at which zone 1 is measured from the intersection has been changed to the intersection of the street centerlines. Boundaries of the subzones will also change to relate the boundaries to the length of the average cues at the intersections. Traffic Overlay Zone 6 (City Center) has been eliminated due to Dorset St. improvements which have improved safety along the roadway. f. Bartlett Brook Protection Overlay District: The intent of this new district is to prevent worsening of erosion problems by requiring developers to show their developments won't adversely affect the watershed. Developers will have to submit stormwater runoff data which will be tested against a model. This will assure that peak downstream flow won't be more than at the pre-development stage. Following the presentation by Mr. Weith, Mr. Flaherty moved to waive the formal reading of the Ordinance. Mr. Condos seconded. Motion passed unanimously. Mr. Cimonetti then asked for comments from the public. a) Linda Seavey of UVM said they would support the changes to UVM owned land if the residential component were reinstated. They are concerned with the long-term picture and stressed they are not now planning to sell or develop those lands. She said the property is located in the middle of residential areas. They would agree to a 5-year plan under which they wouldn't change the use of the land or sell it. She noted the Planning Commission had turned down this idea. b) Ann Sorrell, representing residents of Adams Court, read a letter in support of the proposed new zoning as created. These residents feel the lands are valuable to the community for the treatment of water runoff and for the unusual trees and wildlife. They believe that conversion to residential use would diminish the value of existing homes and add traffic and bigger, wider roads through their neighborhoods. c) James Lubter, representing Friends of the UVM Hort Farm, said they agree with the proposed new zoning as written. d) Gary Barnes also supported what is proposed. e) Margaret Miner read a letter from residents of the area commending the Planning Commission for the new district and supporting it. They feel this will enhance the value of their properties and noted that the Comprehensive Plan calls for a mix of uses in the city and this addresses that mix. Residents feel that teaching farms must be preserved and that the University should use its lands for educational purposes. The letter noted that President Salmon has called for an environmental university and residents feel this can't be accomplished by building houses. The letter ended by encouraging the City Council to help UVM explore further educational uses for the properties. f) Richard Lovett spoke in favor of saving the Hort Farm as it is a natural aquifer and is home to trees, wildlife and an archeological site. The Hort Farm open houses provide homeowners with valuable information. He felt that overdevelopment would cause congestion in schools and on the roads. g) Marguerite Paulsen of East Terrace presented a letter signed by 60 residents expressing support of the planned zoning. She noted these lands represent 2 of the last large natural areas in the city and the Hort Farm is the closest thing to an arboretum in the state. These residents asked that there be no residential development of the lands except as incidental to agriculture. h) Arden Sonnenberg commended the Planning Commission for the proposal and cited the need to maintain a balance between business, residential and open lands. She said so much of the open, agricultural land is being lost, and it is the essence of what is Vermont. She challenged UVM to reach out to the community to help the Hort Farm succeed. i) Steve Crowley, Chairman of the Natural Resources Committee, supported the new zone and said that particular green belt is very important. He noted that many wetland areas have been lost and cited recent problems with beach closings due to damage to the watershed by development. j) Paul Zengilowski addressed another issue, that of an educational use in the City Center where he would like to establish a children's recreational/educational business. Mr. Weith said this would be a substantial change to the proposed ordinance and would have to go back to the Planning Commission. He felt it may be a good use for the district. k) Kristina Bielenberg said that while she is not a South Burlington resident, she encourages the Council to adopt the new zoning for UVM lands as an asset to the whole state. Following audience comments, the Council deliberated the issues. Mr. Chittenden asked what UVM's long-range plans are. Ms. Seavey said they are still planning but there are no immediate plans to sell or develop. Mr. Chittenden asked if agriculture programs are increasing. Ms. Seavey said they are but she couldn't say what this would mean land-wise. Mr. Maclaughlin noted the number of people who had called him on the UVM lands issue. He said he had researched it and visited the sites and supports what is proposed. Mr. Flaherty agreed. He said if the University has a proposal in the future, they can always come back and discuss it. He also supported adding the educational use to City Center zoning. Mr. Flaherty then moved that the Council approve the 1994 amendments to the Zoning Regulations as presented. Mr. Condos seconded. Mr. Goodrich raised the question of a change to reduce the 200 ft. buffer on Hinesburg Rd. to allow him to encompass a small house into his property. Mr. Weith showed the area on the map. He said the purpose of the buffer is to protect residential uses and to push development back off Hinesburg Rd. and not allow any more curb cuts on Hinesburg Rd. Pre-existing lots less than 3 acres are excluded from this buffer. Mr. Maclaughlin felt this issue should go through the entire process as all citizens should be treated equally. In the vote that followed, the motion passed unanimously. Mr. Condos left the meeting at this time. 4. Further discussion on Median Cut for Public Street between Dorset St. and San Remo Drive; Sketch Plan: Mr. Hafter said a 60 ft. right of way is being proposed, 55 ft. of which would be on the Net Result property. This would make the Net Result building conforming. The city would get an irrevocable offer of dedication at this time, but the road would not be a public road until the city wants it. The next step is to get engineering work done which would cost between $3,000 and $5,000. Money is available in the Dorset Street bond account. Mr. Flaherty moved to direct the City Manager to proceed with engineering work to design the road. Mr. Maclaughlin seconded. Motion passed unanimously. 5. Update on Chittenden County Transportation Agency: Mr. Mazur reported that this was their second best year in history with ridership over 1.5 million. The recovery rate is 39%. The operating subsidy for next year will be the same as the past year, but there will be an increase in the capital expenditure subsidy. They are proceeding with plans for an addition to their structure but are embroiled in litigation with the City of Burlington on this issue. There is interest from Williston to explore their entrance into the Authority. There may also be interest from Colchester soon. Both of these will help South Burlington. 6. Consideration of Request for Appointment to S. Burlington Economic Development Committee: Members agreed to interview Paul Toomey who has expressed interest in joining the Committee. 7 & 8. Refunding Notes: a) Bucket Loader and b) Fuel Storage & Dispensing System: Mr. Chittenden moved to approve the Resolution, Note, and Non-Arbitrage Certificate for the bucket loader and fuel storage dispensing system. Mr. Flaherty seconded. Motion passed unanimously. 9. Consideration of Approval of 4-year capital improvement note for replacement doors - Fire Station #1: Mr. Hafter and Mr. Possich explained that the total cost is $15,180, but only $12,500 will be borrowed as the balance will be paid for by fuel savings. Over the lifetime of the doors, the total savings is estimated at $42,000. It is anticipated that the entire note will be repaid from energy savings. Mr. Possich said that installation will begin in about 3 weeks. Mr. Chittenden moved to approve the Resolution on Capital Borrowing, the Capital Improvement Note and the Nonarbitrage Certificate. Mr. Maclaughlin seconded. Motion passed unanimously. 10. Consideration of Approval of Finance & Maintenance Agreement with VAOT for Interstate Bridge Work in South Burlington: Mr. Hafter said the Agreement is in order. Mr. Flaherty moved to approve the Finance & Maintenance Agreement with VAOT for Interstate bridge work. Mr. Maclaughlin seconded. Motion passed unanimously. 11. Proposed Steering Committee Meeting: Members approved a Steering Committee meeting on Thursday, 8 September, at 7:30 p.m. 12. Planning Commission Agenda for 23 August: No issues were raised. 13. Approve Minutes of 1 August 1994: Mr. Chittenden moved that the Minutes of 1 August 1994 be approved as written. Mr. Flaherty seconded. Motion passed unanimously. 14. Sign Disbursement Orders: Disbursement Orders were signed. 15. Other Business: Mr. Maclaughlin expressed concern with the Free Press report on roadwork indicating that work of Spear St. was for the bike path. Mr. Audette explained that the Free Press was in error and that what is being done is a six foot widening of the road which will then be able to accommodate the recreation path. Mr. Audette gave a brief summary of work in progress and said that once repaving begins, it will go very quickly. As there was no further business to come before the Council, the meeting was adjourned at 10:10 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.