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HomeMy WebLinkAboutMinutes - City Council - 02/02/2012SPECIAL CITY COUNCIL 2 FEBRUARY 2012 The South Burlington City Council held a regular meeting on Thursday, 2 February 2012, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: S. Dooley, Chair; M. Emery, J. Knapp, P. Engels, R. Greco Also Present: S. Miller, City Manager; R. Rusten, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Rabidoux, Public Works Director; A. Lafferty, City Attorney; J. Dinklage, P. Taylor, B. & P. Nowak, D. O'Rourke, B. Stuono, P.O'Brien, E. Goldberg, R. Deslauriers, S. Quest, B. Gilbert, C. Shaw, E. Farrell, J. Ilick, & other members of the public 1. Executive Session: Ms. Greco moved that the Council meet in executive session to discuss personnel, contract negotiations, and litigation. Mr. Engels seconded. Motion passed unanimously. Regular Session: Ms. Greco moved that the Council exit executive session. Mr. Knapp seconded. Motion passed unanimously. 1. Agenda Review: Members agreed to delete item #3 on the Agenda and add it to the Monday meeting agenda. 2. Comments & Questions from the Audience, not related to agenda items: Ms. Quest gave members information on State objectives regarding prime ag land. 3. Announcements & City Manager's Report: Ms. Dooley: Noted that the lawsuit asking that she recuse herself from interim zoning discussions was heard in court this afternoon, and the appellant's request for an injunction was denied. 4. Discussion of Proposed Interim Zoning Bylaws: Ms. Dooley thanked people for their input. She noted that 74 people had responded. There have also been 6 proposals for modification identified. Mr. Knapp asked Ms. Greco to read from a letter asking that Mr. Knapp recuse himself from interim zoning discussions because he serves real estate clients from whom he receives fees. The sender of this letter did not identify him/herself. Mr. Knapp then indicated that he is not allowed to reveal his clients' names unless they give him permission to do so. He noted that his current practice concentrates on affordable housing and non-profit housing. He is not involved in real estate, and does not do business in South Burlington. He then identified a number of clients who had given permission for him to do so. He also reviewed his employment history from service in a law firm that did represent some developers more than 10 years ago. Members felt that nothing they had heard should disqualify Mr. Knapp from serving during interim zoning discussions. Mr. Engels then noted that Ms. Greco had received some ugly e-mails. He reviewed her previous distinguished 30-year career in the U.S. Air Force. The sender of this e-mail also did not identify him/herself. Mr. Knapp noted that he had received a proposal that would limit the area of interim zoning to the area being studied for form based codes. Another e-mail concerned large subdivisions on open land in the 2002 study. Ms. Dooley then read the proposed modifications. These would eliminate the two industrial districts (I-OC and I-C), exclude alterations currently approved administratively and wouldn't deal with landscape credits and parking waivers, could create an "interim overlay zoning," increase the square footage allowed for additions from 750 sq. ft. to a larger number, allow condo owners to add to their units in the same way as owners of single and 2-family dwellings, and would suspend the effective date of interim zoning if it is not voted on at this meeting. Mr. Engels asked how interim zoning would be implemented and what the responsibilities of the DRB and Council would be. He said it was his understanding that applications have not been coming in. Mr. Conner said there have in fact been applications received. Members were then asked to give their perspectives on interim zoning. Ms. Emery: Noted that the interim zoning effort grew from a concern over TDRs and issues of density and where that density should be. People wanted clarity in the regulations. Ms. Emery said she felt this merited discussion. She noted the Council has spent hours on this. She personally has come to know people in the community and is grateful for those experiences. She felt that when interim zoning was considered last May there was no "combined vision" on the Council. She felt the new proposal "combined the vision." Ms. Greco: Felt there has been a lot of miscommunication. She thanked those from GBIC, the O'Briens and Dynapower who have offered to work with the city and also the public who responded. She said she has been looking at the moral and ethical side and at long term consequences. She also noted she tends to take a very firm, unyielding position on things. She cited 3 reasons for reconsidering interim zoning: affordable housing, sustainable agriculture, and form based codes. With regard to agriculture, she indicated concern with declining food quality, soil erosion, water pollution, greenhouse gas production, and diet related illness. Only 2% of food is from local sources. She also cited loss of prime ag soils. It is feared that by 2090 there will be no farmland left in Vermont. The Champlain Valley has the best ag soil in the state, and South Burlington sits on prime ag soils. She also noted that people around the country are turning to local farming. Such an effort in Hardwick, Vt., is getting national attention. She felt interim zoning is an attempt to do something today for our future. Mr. Knapp: Noted he has been viewed as a person against interim zoning. He said this is not true; he is against this interim zoning. He hoped for a discussion on how to have a public/private model for affordable housing, possibly using Lake Champlain Housing as a model. He felt the current interim zoning is going about things the wrong way: a discussion of goals should precede any action. The Planning Commission will be presenting amendments to the Comprehensive Plan. That should be followed by a public process that really works to get input. He agreed that preservation of agricultural land is important. One of the first things he did as a City Council member involved the preservation of the Leduc Farm...not by regulation but by a joint effort. The Leducs got reasonable value for their property, and the public got valuable farm land. Everybody won. If there is a need to look at TDRs again, look for the right place to put housing so everyone can find a place to live in South Burlington. Ms. Emery said she was very swayed by the public/private solution as a win/win solution. She felt this interim zoning proposal was too broad and consequences would create more harm than good. She suggested looking at what is viable in the proposal and did not feel it is wise to attack all goals at once. She felt the community should prioritize goals and discuss how to get there. Once there is an achievable goal, perhaps interim zoning would be a consideration. She felt the O'Brien Brothers offer is very tempting and thanked them for it. Ms. Greco said she would consider dropping interim zoning if developers would pledge not to submit plans for development while things are being studied. She said there have been only 3 affordable homes built in the city in the past 15 years, and if something isn't done differently, there will never be affordable housing. She noted there are a lot of condos but not single family homes. Mr. Knapp said Champlain Housing has put 500 families into homes they otherwise couldn't afford. He supports a public/private partnership that does this. Build at market price and find a way to finance them. But don't regulate it. Ms. Emery noted that with connected structures there is a savings of energy. Mr. Engels said he hates to see the divisive effect this is having on the community and is not happy to vote under these circumstances. He noted that all neighborhoods feel the pressure of development. He liked Mr. Knapp's idea of bringing the community together to talk about this. He cited the discussions regarding form based codes that occurred a few months ago as an example of bringing the community together. He felt it was unfortunate that with the discussion of interim zoning this never happened. He also felt sorry for staff with all the work this has brought about. He suggested taking a step back and bringing the community together before going forward. Ms. Dooley cited the affection people have for South Burlington and the fact that it was voted one of the best places to raise a family. She felt action with a "different tool" was needed to give the city a unique and special identity. She noted that people have said South Burlington is to be "sacrificed to save the rest of the State." She said it is regrettable that this has become divisive. She felt there is a strong undercurrent for land development regulations more in keeping with the Comprehensive Plan. She cited the vagueness of the word "should" as an example, which some people equate with "must" and others as recommended but not required. She said this gives people expectations that are not fulfilled. Mr. Engels moved to table the resolution for a future time. Ms. Greco seconded. Mr. Miller noted that the interim zoning bylaw is in effect until it is acted upon. Ms. Lafferty added that once the bylaw was warned, applications had to be heard under the interim zoning bylaw until it is adopted or voted down. If you table the discussion, you haven't done any of those things, and applications would have to be reviewed under the interim zoning bylaw. After a brief discussion, Mr. Engels withdrew his motion. Mr. Knapp then moved to suspend discussion until after the next agenda item. Ms. Emery seconded. Motion passed unanimously. 6. Discussion of a possible Council sponsored meeting(s) of interested stakeholders (for example, public, home builders, developers, real estate agents, funding sources, planning agencies) to explore opportunities for affordable housing in South Burlington: Mr. Knapp said throughout this discussion, his objection has been that the Council hasn't discussed what they want to do. His recommendation is that the city sponsor one or more sessions with all stake holders, including: Vermont Housing Finance Agency, Vermont Housing & Conservation Board, Merchants Bank & Northfield Savings Bank, residential developers, real estate agents, community members and those who would like to be, and anyone else who is interested in what South Burlington needs. Mr. Knapp said he would like to be the organizer of this but noted he will not be on the next Council. He said the objective of the session(s) would be to have a real community discussion on how to build homes for anyone who wants to live in South Burlington. Ms. Greco indicated that should would be willing to do something similar concerning sustainable agriculture. Mr. Engels moved to empower Jim Knapp to lead that group and work with city administration to organize it. He further moved to form a separate group on sustainable agriculture led by Ms. Greco. It was noted that the business community is very supportive of this. It will takes weeks, possibly months to organize. Mr. Engels added that Frank Cioffi has offered his assistance. In the vote that followed, the motion passed unanimously. Members then returned to item #5 on the agenda. Mr. Knapp said that for everyone's peace of mind, the Council should figure out where everyone stands on interim zoning. Ms. Emery said she didn't think that in the next month or so South Burlington would suddenly mushroom. Ms. Emery then moved to amend the interim zoning by-law to adopt interim zoning only for the City Center and to have the following process attached to interim zoning: an application would be filed with the Planning & Zoning Department. It would go first to the City Council where it would be addressed by the standards of 24VSA4415 including: a determination that the proposed project shall not result in an undue adverse effect on any of the following: the capacity of existing or planned community facilities, services or lands; the character of the area affected, as defined by the purpose or purposes of the zoning district in which the project is located, and specifically stated policies and standards of the municipal plan or the existing patterns and uses of development in the area; traffic on roads and highways in the vicinity; environmental limitation on the site or area and significant natural areas and sites; municipal plans, bylaws, ordinances or regulations then in effect; utilization of renewable energy resources. If the City Council approves the project, it would pursue under the land development regulations; if the Council does not approve, the appeal process would be to the Environmental Court. Mr. Knapp seconded. Ms. Lafferty suggested leaving it up to the applicant as to whether they go first to the City Council or DRB. Mr. Knapp was OK with this and withdrew the requirement to go first to the City Council. Mr. Conner noted that the City Center area included not only the city center but Williston Rd. C-1/R-12 district east of the Interstate and a small section on the west side of Dorset Street (across from San Remo Drive). Ms. Greco said there is no need for interim zoning there because nothing is happening there. The urgency is losing land where the city might want housing or agriculture. She added that the Council hasn't decided whether to approve form-based codes. Ms. Dooley said she doesn't support the motion as it hasn't be drafted and hasn't honored the process. In the vote that followed, the motion failed 2-3 with Ms. Dooley, Ms. Greco and Mr. Engels voting against. Ms. Greco said she felt they need to address the proposed modification, and that can't be done at this meeting. She said it wasn't wise to act in haste. Mr. Knapp moved to strike interim zoning. Ms. Emery seconded. Motion failed 2-3 with Ms. Dooley, Ms. Greco and Mr. Engels voting against. Ms. Greco moved to take up interim zoning at a later date with the full Council is available to discuss it. Mr. Engels seconded. Motion passed 3-2 with Mr. Knapp and Ms. Emery voting against. 7. Executive Session: Ms. Emery moved that the Council meet in executive session to discuss personnel, contract negotiations and litigation and to resume regular session only for the purpose of adjournment. Ms. Greco seconded. Motion passed unanimously. 8. Regular Session: Council returned to regular session. As there was no further business Mr. Knapp moved for Council adjournment. Ms. Greco seconded. Motion passed unanimously. Council adjourned. 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