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HomeMy WebLinkAboutMinutes - City Council - 08/15/2005CITY COUNCIL 15 AUGUST 2005 The South Burlington City Council held a regular meeting on Monday, 15 August 2005, at 7:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: J. Condos, Chair; M. Boucher, C. Smith, S. Magowan Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; J. B. Hinds, Director of Planning & Zoning; Rep. M. Kupersmith, J. Jaeger, D. Burke, G. Milot 1. Comments & Questions from the Audience not related to Agenda Items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Condos: Renaming of Central School for Rich Marcotte, Wednesday, 6 p.m. MPO Meeting, Wednesday 7 p.m. MPO Meeting, 23 August, 7 p.m. regarding Muddy Brook bike/pedestrian crossing from South Burlington to Williston. Mr. Hafter: Police Building Committee meeting, 26 August, 8:30 a.m. Steering Committee meeting, 15 September, 7:30 p.m., A discussion on growth/demographics will be on the agenda. Bill Smith, who has done school population forecasting, will be present. The Mayor of Montpelier has suggested a strategy meeting regarding "payments in lieu of taxes" The City tax sale is schedules for 31 August, 2 p.m. Only 2 properties are involved, and Mr. Hafter anticipated these will have been paid up by that date. The annual Rotary commemoration for 9/11 and emergency services personnel will take place on 8 September, 7:30 AM There is a study group for Oak Creek and Butler Farms regarding technical aspects of storm water, etc. They will meet on 1 September, 7 p. Ms. Hinds noted they will be looking at ecologically based options. Mr. Hafter gave members traffic counts re: Old Farm Rd. These show a major increase during the week, clearly commuter traffic. Mr. Hafter said he would like to meet with neighbors on options. The Fire Dept. Open House will be on 11 September. National Night Out was again a great event. 3. Interviews for City Boards & Committees: The Council interviewed Chris Shaw for a position on the Planning Commission. Mr. Shaw said he has been serving on the Natural Resources Committee and felt this was a logical step in tune with his interests and personality. He is also interested in City Center possibilities. 4. Public Hearing on Amendments to the South Burlington Land Development Regulations; second reading of same: Mr. Condos opened the public hearing. Ms. Hinds said the amendments mostly deal with new state laws and "housekeeping" details. 1. Definition changes: one change will enable a caretaker to live on the Humane Society property. Others deal with farm structures, group homes, and non-conforming lots and uses. 2. Exempts farm structures from local regulation. 3. Exceptions to setback and lot coverage requirements for lots existing prior to 28 February 1974. The amendment tells property owners how far forward they can bring a porch. 4. Exempts chimneys from building height calculations. 5. Accessory Structures and Uses: total square footage of all accessory structures on a lot can't exceed 50% of the first/ground floor of the principal structure with the exception of in-ground pools, tennis courts, etc. which are not counted toward the maximum square footage but are counted for lot coverage. 6. Accessory Residential Units: changes to conform to new state laws. An accessory residential unit in a single family home is a permitted use. Up to 30% of total habitable area is allowed for an accessory unit. The principal dwelling must be owner-occupied. A separate wastewater permit may be required. Two additional off-street parking spaces must be provided (not on the lawn) in garage or driveway. Conditional use review can be required if height or floor area of the dwelling is increased or if there is an increase in the dimensions of off-street parking. Occupancy of the accessory units cannot be restricted. 7. Additional standards re: buffer strip in I-O District. The strip must be located entirely on the lot within the I-O Dist. No building, structures, parking lots, etc., associated with light manufacturing may be located within 500 ft. of the boundary of the SEQ District. 8. Standards for adjustments to Traffic Generation Calculation: if you already exceed the traffic limit, you cannot increase traffic. You may reduce it. Even with road improvements, you cannot increase traffic generation. 9. Moves Table 13-1 to 13-4. 10. Corrects a typo. Access drives can be 15 feet in width. 11. Home occupations must be within the home or in an accessory structure, not both. 12. Deletes the prohibition against homes in the Airport approach cone. 13. Allows group homes as a permitted use. If the home is within 1000 ft. of another such home, conditional use may be required. 14. Change of wording re: daycares, etc. to comply with state law. 15. Required a project to conform to the planned character of a neighborhood. 16. Removes regulations of substations, etc. 17. Extends the filing of final plats to 180 days. 18. Subdivision plats no longer expire after 3 years if not exercised. 19. Makes golf courses an allowable use in the SEQ and eliminates "distribution with related storage" as an allowable use. Mr. Jaeger expressed concern with the 500 foot buffer to be required for commercial development adjacent to the SEQ. He felt 200 ft. is adequate. He felt there are many low-impact, small businesses that would be perfect in that area, and that concerns could be dealt with on a "use" bases instead of a buffer. Mr. Jaeger was also concerned with the elimination of "distribution and related storage" as an allowable use. He felt there are criteria that could keep this under control. Ms. Hinds felt this is not a use the city wants on the southern boundary of the SEQ. She did agree there was reason to reconsider the 500 foot buffer. Mr. Condos said his concern would be with a use that operated 24 hours a day with trucks moving around on the outside of the building. Mr. Smith then moved to close the public hearing. Mr. Boucher seconded. Motion passed unanimously. Mr. Magowan moved to approve the zoning amendments as presented with the elimination of Sect. 3F(1)(C). Mr. Boucher seconded. Motion passed unanimously. 5. Public Hearing under Interim Bylaw Provisions: 1) #SD-05-59 Highlands Development Co., Nicklaus Circle, increase from 4 to 6 units; 2) SD-05-65, Wedgewood Development Co., water tower at VNCC, change lot from carriage house to single family; 3) SD-05-61, Dorset Street Associates, boundary adjustment (no development): Ms. Hinds briefly reviewed the requests. With regard to #3, Mr. Miolot noted he has an option on the development right on the Auclair property which he will transfer to other properties he owns and leave the farm with nothing on it. He is looking to transfer units to the Cider Mill project. The 30 acres will allow them to do this and get some cash flow to the Auclairs. Mr. Boucher moved to close the Public Hearing. Mr. Smith seconded. Motion passed unanimously. Mr. Smith moved to approve all three applications as presented. Mr. Boucher seconded. Motion passed 3-0 with Mr. Magowan abstaining. 6. Consider the appointment of City Representative and Alternate to Chittenden County Regional Planning Commission: Ms. Hinds noted that Marcel Beaudin is interested in serving as representative. He would step down as Planning Commission chair but would stay on the Commission. Ms. Hinds thought he would be an excellent representative. Mr. Smith said he is willing to serve as alternate. Mr. Magowan moved to appoint Marcel Beaudin as representative and Chris Smith as alternate to the Regional Planning Commission. Mr. Boucher seconded. Motion passed unanimously. 7. Presentation of Initial Draft of 2006 Chittenden County Regional Plan: Mr. Hafter said the Regional Planning people were not ready to make their presentation at this meeting. He noted the Planning Commission has made comments on the draft, which will be forwarded, to the RPC. Ms. Hinds said the Commissions concerns were: 1. There is no basis for the designation of "substantial regional impacts" and no definition of the term. This would affect only South Burlington and Williston. She felt South Burlington should object. 2. The low quality of mapping provides no usable information and is error prone. She suggested a composite of the town maps. Mr. Condos felt the RPC is using outdated information. Mr. Magowan said he found the document incomprehensible and not acceptable as a public document. Mr. Smith said he couldn't determine a purpose for it. Mr. Hafter said he thought the city should suggest RPC get a professional to come in and help them write this. He will draft a letter with the city's concerns. 8. Consideration of Appointment of Voting Delegate at VLCT Business Meeting at Town Fair, 14 September 2005: Mr. Magowan moved to appoint Mr. Condos as voting delegate with Mr. Hafter as alternate. Mr. Smith seconded. Motion passed unanimously. 9. Consideration of Approval of Recommendation from Social Responsibility Committee on Allocation of Social Services Funding (2005-6 budget): Mr. Condos thanked Mr. O'Rourke and Roz Saunders for doing this for so many years. He noted that the city actually gets information on the number of South Burlington residents served by these organizations. Mr. Hafter briefly outlined changes in allocations from last year. Mr. Magowan said he wrestles with the city's right to do this with taxpayer money. He said he wouldn't have a problem if the city contracted with these organizations. He said the larger issue is a concern with a potential "rebellion" in town against the growing tax bills. Mr. Magowan felt the city side of the budget has been run very responsibly. He felt the educational side of the budget may be making South Burlington an impossible place to live and that people are being forced to leave their homes. Mr. Condos said he had met with Gail Durkel recently and talked with her about the school taxes. He noted that since Act 60, the city has held back on things that need addressing because of the increase in school taxes. Mr. Condos stressed that students get a wonderful education in South Burlington, but the cost is rising tremendously. Mr. Magowan felt voters should be asked what they want. He also felt that if voters want taxes stabilized, the city would need to look at a local sales tax. Mr. Condos felt this could be initiated as a Charter change. Mr. Magowan then moved to approve the Social Services allocations as presented. Mr. Boucher seconded. Motion passed unanimously. 10. Review Development Review Board Agenda for 16 August 2005: Mr. Condos felt #9 was a "use variance" and that there would be traffic problems involved. He also noted the applicant would be using a church parking lot because they don't have enough parking on their own low. Members agreed this was a concern. Mr. Hafter will communicate this to the Planning Dept. 11. Review Minutes of 18 July 2005: The Minutes of 18 July could not be acted upon, as there was not a quorum of those present at that meeting. 12. Sign Disbursement Orders: Disbursement Orders were signed. 13. Liquor Control Board: Mr. Boucher moved the Council adjourn and reconvene as Liquor Control Board. Mr. Smith seconded. Motion passed unanimously. Mr. Hafter presented the following requests: 1. A First Class License application from Fish House, LLC, dba Tuscan Kitchen 2. A change in ownership from Champlain Farms to Odessa Corporation. Mr. Hafter noted he did not have verification of the Fire Department approval as yet for Odessa Corporation. Mr. Smith moved to approve both applications with the Odessa approval contingent upon verification of the Fire Department inspection. Mr. Boucher seconded. Motion passed unanimously. Executive Session: Mr. Smith moved the Council meet in executive session to discuss committee appointments and personnel issues and to resume regular session only to make any appointments and/or adjourn. Mr. Boucher seconded. Motion passed unanimously. Regular Session: The Council returned to regular session. Mr. Smith moved on the appointment of Chris Shaw to a three-year term on the Planning Commission ending in June 2006. Mr. Boucher seconded. The motion passed unanimously. Mr. Boucher moved adjournment. Mr. Smith seconded. The motion passed unanimously. The meeting adjourned at 10:30 p.m. Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works.