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HomeMy WebLinkAboutMinutes - City Council - 04/21/2003CITY COUNCIL 21 APRIL 2003 Chairman J. Condos called the regular meeting the South Burlington City Council to order on Monday, April 21, 2003, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; S. Magowan, C. Smith, and D. O'Rourke Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; A. Johnston, The Other Paper; Channel 17, as well as numerous interested citizens in attendance for the public hearing on land development regulations. 1. Comments & Questions from the Audience not related to agenda items: No matters were discussed. 2. Announcements and City Manager's Report: J. Condos: Regional Planning Commission meeting next Monday April 28, 2003. C. Hafter: CUSI ribbon cutting April 23 at 1:00 p.m., with governor 1st meeting storm water utility steering committee April 28; organize storm water advisory committee VLCT unemployment Trust April 30 Chamber of Commerce April 23 CUSI Board meeting May 1. At the May 5 regular council meeting, a report from people organizing a land trust of South Burlington May 5, UVM will discuss plantings/landscaping on public right of way and discuss zoning regulations at that time. (C. Smith indicated he will be late for that meeting, S. Magowan cannot attend). 3. Second public hearing on proposed land development regulations; consideration of second reading of same. Chairman Condos opened the public hearing, and asked all those planning to comment to identify themselves for the record. He also reiterated that all correspondence related to this matter, received in person, by e-mail or regular mail, have been shared by the Council and will be considered. David White, Real Estate Consultant: Reference is made to a five-page letter dated April 21, 2003 distributed to the Council. He reviewed a few of the points made in the letter during the hearing including definition of "Height", suggested considering discretionary DRB waiver on parking design (sec. 5.08(C)(2)) and Access Management Requirements (sec. 13.01(F)), and landscaping on parking lots (sec.13.06(B)(1)). He further recommended DRB discretion for filing final plat design when changes are minor and not affecting lot lines. Paul Wansgard, Champlain Oil: Reference was made to possible consolidation of two properties on Williston Road. He recommended that City Council consider authorization of drive-thru service. He gave the Council a drawing, depicting for reference only, the concern raised. Karen Kreski, McDonald's Corporation: Supported P. Wansgard's comments regarding a combined facility with drive thru consideration, or at least consider a conditional use for drive-thru's. Sandy Dooley, 44 East Terrace (SETNA, Inc.): Gave a brief history of involvement with process and presented the Council a memo dated April 21, 2003 in response to Juli Beth Hoover's April 15th memo to Council. She reported that she and her neighbors understood the proposed zoning would "transition" R-7 to R-12 and attempted to point out a concern that Planning and Zoning staff recommended that the DRB give the Quarry Hill property sketch plan approval in excess of the R-12 limits. She also raised concerns over "student housing" definition, their support for eliminating most of the C-1 zoning, and other traffic concerns. Chairman Condos interjected that the City has asked the Metropolitan Planning Organization to do a traffic study of the entire length of Spear Street. Pat O'Brien, O'Brien family: Raised two concerns 1) the definition of "financial institutions" and 2) the C1-LR zoned to allow drive thru facilities for offices and banks. Winston "Chip" Hart: Questioned whether I/C district should allow for financial institutions. He believes that the definition of financial institutions is very broad, citing life insurance company may not conform. Concern was also raised where language regarding non-conforming use in multi-tenant buildings does not address reality. Tim McKenzie, Technology Park: Encouraged City Council to consider drive up windows in the I/C district as a conditional use or accessory use. He also requested Council consider trip-ends when studying traffic issues. Gary Dean, Merchants Bank: Voiced his concern that under the proposal the banks drive-up window on White Street would become a non-conforming use. Al Senecal, 65 Kimball Avenue: Supports the I/C zone change to allow financial institutions. Referred to the landscaping issues raised by TK Landscape Architects in a letter to him dated April 18, 2003. Rep. Helen Head, 65 East Terrace: Voiced support for Dooley/SETNA comments; concerned of the encroachment of UVM, encouraged the Council to make certain of a gradual development. Jim Carroll, I/C district Sec. 6.01: Raised the following concerns: a) Removal of retail greater-than-3,000 sq.ft. would make True Value non-conforming use; b) Eliminating catering/food delivery, interpretation unclear; c) 3,000 sq.ft. limitation on professional businesses; d) Zoning regulations combined with VT Labor & Industry regulations could render facilities uninhabitable; e) Eliminate private parking facilities, support of airport use, and educational facilities; f) Missing transportation i.e.: cabs limos, bus terminals, etc.; g) Council micro-managing zoning process. John Jaeger, South Burlington Realty/Munson: Expected to have written comments to the Council on April 22, 2003. He reported his concerns on the following areas: a) Misunderstanding I/C should be C-1 b) Noted use changes in I/C district as proposed to remove: · bus terminals; · transportation services; · retail over 3,000 sq.ft., too restrictive; · catering or food delivery services; · contractor's yard; needed new definition; · personal or business services over 3,000 sq.ft., proposed setting no limit or higher limit; · private parking, definition deleted; · financial institutions; · educational use. c) Definitions to be submitted d) Parking envelope, consider parking waiver. He further suggested that the Council consider effects of zoning violations of a single tenant of a PUD on site plan review on other unrelated occupants. Angelo Deslauries, Deslauries family: Reported that he would prefer R-12 on his property, noting its down zoned from C-1, but would agree to a split transition of R-7 and R12. Jack Russell: Suggested the Council give City Staff more authority to approve small projects and enable some efficiency in their process. Also agrees that one tenant should not hold entire project in abeyance in its approval process. After polling the audience for further comments, upon motion made by C. Smith, seconded by D. O'Rourke, and voted, the Council closed the Public Hearing. The Council deliberated shortly and announces that the next stage in the approval process of the proposed land development regulation would be a special meeting to be held on May 12, 2003 at 7:00 p.m. in City Hall, when all members of the council will be available. 4. Consideration of agreement with state for winter maintenance for Shelburne Road project. City Manager Hafter reported that the Council had previously approved winter maintenance agreement, but the state had made several language changes that warranted reauthorization by Council. Upon review and motion to approve the revised agreement by D. O'Rourke, seconded by C. Smith, the Council voted in the affirmative. 5. Consideration of approval on Municipal Certificate as to Municipal Bond -- Re: Vermont Municipal Bond Bank Refunding. Following a brief explanation by City Manager Hafter noting that South Burlington's share of the savings resulting from a VT Bond Bank refinancing will amount to nearly $30,000 over the next two years. On motion by S. Magowan, seconded by C. Smith, and voted, the Council authorized the Municipal Certificate as to Municipal Bond as presented. 6. Review and approve minutes from regular Council meeting held April 7, 2003 and special Council meeting held on April 14, 2003. On motion by D. O'Rourke, seconded by C. Smith, and voted, the Council approved the minutes of April 7, 2003 as presented. On further motion by C. Smith, seconded by S. Magowan, and voted, the Council approved the minutes of the special Council meeting of April 14, 2003, as presented. Abstention noted by D. O'Rourke. 7. Reconvene as Liquor Control Board to consider first and second class liquor license applications. On motion by S. Magowan, seconded by C. Smith, and voted, the Council reconvened as the Liquor Control Board. The following applications were presented to the Liquor Control Board: Cactus Pete's, 7 Fayette Road; Colonial Deli Mart, 1855 Shelburne Road; Gracey's Liquor Store & Store, Williston & Hinesburg Roads; Holiday Inn, Champlain School Apt.; Lite Bite Café, 142 W Twin Oaks Terrace; Zachary's Pizza House, 1250 Williston Road. City Manager Hafter reported no problems cited for these applications. Chairman Condos requested that the Lite Bite Café, be approved conditionally, that City staff ascertain whether zoning restrictions apply. On motion by D. O'Rourke, seconded by S. Magowan, the Liquor Control Board approved the following applications: Cactus Pete's, 7 Fayette Road; Colonial Deli Mart, 1855 Shelburne Road; Gracey's Liquor Store & Store, Williston & Hinesburg Roads; Holiday Inn, Champlain School Apt; Zachary's Pizza House, 1250 Williston Road. On vote the motion passed. On further motion by S. Magowan, seconded by C. Smith, the Liquor Control Board approved the application of the Lite Bite Café, 142 W Twin Oaks Terrace, on the condition that this property has the proper zoning for such use. On vote the motion passed. Upon motion by S. Magowan, seconded by C. Smith, to adjourn the Liquor Control Board and reconvene as City Council. There being no further business, the Council adjourned at 9:00 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.