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HomeMy WebLinkAboutMinutes - City Council - 05/12/2003CITY COUNCIL 12 MAY 2003 The South Burlington City Council held a special meeting on Monday, 12 May 2003, at 7:00 p.m., in the conference room, City Hall, 575 Dorset St. Members present: J. Condos, Chair; C. Smith, T. Sheahan, S. Magowan, D. O'Rourke Also present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hoover, Director of Planning & Zoning; R. Belair, Administrative Officer; M. Beaudin, M. O'Brien, Planning Commission; S. Dooley, P. O'Brien, R. Deslauriers, M. B. Maher, S. Fortier, B. Bull, other community members; Channel 17 1. Discussion of proposed land development regulations and zoning map amendments; second reading (consideration of adoption) of same: Mr. Condos reviewed the process for amending the Zoning Regulations. He thanked the Planning Commission for all of its many hours of work on the revisions. Ms. Hoover then reviewed a lengthy list of technical corrections. She noted that the city attorney had stated that none of these require sending the document back to the Planning Commission. Ms. Hoover particularly noted a change in Section 14.05. This will require submission of a site plan with all agreed upon conditions shown so that the DRB is not approving a plan that it has never seen. These regulations would mean that the only changes that can be made to a site plan in an approval motion are specific items (a size, for example) not generalities ("revise circulation"). Another item of particular note is Section 15.02 which stipulates the only instances when a base residential density for a zoning district can be exceeded. These are when the increased density is provided for in that district or for the purpose of providing affordable housing under the terms of Section 13.14. Discussion arose on the issue of private roads. The Council expressed concern with what might happen if a plan was changed after the Council approved a private road. They also wanted standards for the possible approval of a private road. Mr. Sheahan suggested requiring that a ruling of private roads come after the site plan presentation on referral to the Council by the DRB. It was agreed that the status of private roads not be changed from what exists today, and that the Planning Commission would work on standards. Members were OK with allowing financial institutions in the commercial district (Mr. O'Rourke recused himself during this discussion). The question of allowing personal services/retail in the I-C Zone also arose. Ms. Hoover noted there are some retail uses currently in that zone and not allowing those uses could create a hardship for those current uses. These uses are currently allowed, but the new regulations recommend they not be allowed in the future. Members were OK with leaving this use as it currently exists. Discussion then focused on the Quarry Hill area. Ms. Hoover stressed that the Planning Commission looked at this area from a policy standpoint. She felt that housing needs have to be considered. Ms. Hoover noted that the Planning Commission felt that the best use for the property was residential and some members felt it should all be R-12. The property owner wants the property zoned C-1 with up to R-12 residential. The neighbors would like an overall R-7 zoning. Mr. Magowan said he was inclined to go with what the Planning Commission asked for because they had researched this for over a year. Mr. Sheahan agreed and asked why the Commission had backed off from an overall R-12 density. Mr. Beaudin said it was out of consideration for the East Terrace neighborhood. Both Mr. Sheahan and Mr. O'Rourke agreed with Mr. Magowan. Ms. Hoover said the current zoning leads to inconsistent site planning. With the proposed zoning, there would be one type of land use district with specific criteria. She stressed that no plan will ever satisfy everyone and felt that the proposed zoning will result in the best use of that property. Mr. Smith said he couldn't see how anything else could get crammed in there without creating gridlock. Mr. Hoover said the whole Spear St. area is a problem. A study is currently being done on that. Mr. Beaudin said he felt some of the plans for road improvements (including a Hinesburg Rd. interchange) will help this area. Members then discussed the issue of drive-through banks. Mr. Magowan recused himself during this discussion. Ms. Hoover noted that the Planning Commission opposed drive-thrus in the mixed IC but was willing to consider them in C-1 Limited Retail. Mr. Condos noted that the current Merchants Bank drive-through is not the reason the bank is there. It is an accessory use in the I-C district. Mr. Sheahan said he didn't want a "retail only" use. He had no problem with an ancillary use in a headquarters type of building. Ms. Hoover noted that drive-thrus take up a lot of land and wondered whether the Council wanted to encourage that in this area. Mr. O'Rourke felt there have to be parameters for an accessory use plan. Ms. Hoover said she would have the consultant look at that as part of the traffic overlay district project. Members also considered drive-thru restaurants in the C-1 District. Ms. Hoover reviewed the issues noting that the concern is there won't be reinvestment in some properties, but if they are allowed, there will be traffic and land use issues as a result. She also explained the current "co-branding" concept which appears to work well. Mr. Hafter said if they are allowed, there could be more of them and this will change the whole character of Williston Rd. Mr. Condos noted the area is getting "old", and combining lots could reduce curb cuts. Members agreed to leave the zoning as it is and ask the Planning Commission to look at it again. Members then considered zoning for UVM properties, specifically the issue of "apartments" as opposed to "dormitory" type facilities. Members were generally OK with apartments as long as they were under the control of UVM. They agreed to leave the wording as it is and refer it to the Planning Commission for further study. Mr. Smith then moved to incorporate the technical, typographic and grammatical changes identified by Planning and Zoning staff and the City Attorney and enumerated in the document entitled "Technical, Typographic and Grammatical Changes to the Proposed South Burlington Land Development Regulations, May 12, 2003, into the proposed Land Development Regulations dated February 17, 2003. Mr. Magowan seconded. Motion passed unanimously. Mr. Sheahan moved to amend Table C-1, Permitted and Conditional Uses, to indicate that a place of worship in the AIR-Airport district is permitted as an accessory use ("P-ACC"), that "Research Facility or Laboratory" in the IA-Institutional and Agricultural District is permitted in a Planned Unit Development ("PUD"), and that "Retail excluding general merchandise stores" and "Retail, up to 3,000 GFA within any one principal structure" shall include "Retail and retail services." Mr. Smith seconded. Motion passed unanimously. Mr. O'Rourke moved to amend Table C-1, Permitted and conditional uses, to indicate that financial institutions are permitted ("P") in the IC-Mixed Industrial Commercial district. Mr. Smith seconded. Motion passed 4-0 with Mr. Magowan recusing himself. Mr. Magowan then moved to amend Table C-1, Permitted and Conditional uses to indicate that "Personal or Business Service, Principal Use" and "Retail and retail services excluding general merchandise stores" are permitted ("P") in the IC-Mixed Industrial Commercial District. Mr. Smith seconded. Motion passed 4-0 with Mr. O'Rourke recusing himself. Mr. Magowan then moved to delete Section 15.12C3d regarding private roads. Mr. O'Rourke seconded. Motion passed unanimously. Mr. Smith moved that the South Burlington City Council hereby ordains: Section 1: The South Burlington Zoning Regulations, with an effective date of September 12, 1994 and last amended July 9, 2002, are hereby repealed. Section 2: The South Burlington Subdivision Regulations, with an effective date of April 10, 1995 and last amended August 28, 2001, are hereby repealed. Section 3: The draft Land Development Regulations dated February 17, 2003, as warned for City Council public hearing, are hereby adopted, with the amendments and corrections as noted in the above motions of approval. Section 4: The South Burlington Zoning Map as warned for City Council public hearing and shown on the map entitled "Zoning Overlay Map," dated January 29, 2003, is hereby amended with any amendments and corrections contained in the above Motions of Approval. Section 5: These actions shall take effect twenty-one days from passage. Mr. Sheahan seconded the motion which was then passed unanimously. 2. Authorization of Juli Beth Hoover, Director of Planning and Zoning, to enter appearance as city representative in NPDES General Permit appeal at Water Resources Board: Mr. Hafter reviewed the background. Ms. Hoover said the intention is to get one water resources attorney for all the affected communities. She felt it would save time if she entered an appearance next Tuesday. Mr. Sheahan moved to authorize Ms. Hoover to enter an appearance as city representative in NPDES General Permit appeal at the Water Resources board. Mr. O'Rourke seconded. Motion passed unanimously. 3. Review minutes from regular Council meetings of 3 March and 21 April 2003: Mr. Sheahan moved to approve the minutes of 3 March as written. Mr. Smith seconded. Motion passed 4-0 with Mr. O'Rourke abstaining. Mr. Magowan moved to approve the minutes of 21 April as written. Mr. Smith seconded. Motion passed 4-0 with Mr. Sheahan abstaining. As there was no further business to come before the Council, the meeting was adjourned at 9:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.