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HomeMy WebLinkAboutBATCH - Supplemental - 0870 Williston Road (2)CITY COUNCIL AUGUST 20, 1979 The South Burlington City Council held a meeting on Monday, August 20, 1979 at 7:30 pm in the Conference Room, City Hall, 1175 Williston Road. Members Present Paul Farrar, Chairman; Michael Flaherty(late), Martin Paulsen, William Burgess, Kenneth Jarvis Others Present William Szymanski, City Manager; William and Ethel Schuele, Sally Jacobs, James Goddette, Dennis and Diana Snyder, Paul Thabault, Walt Lenerig, Bruce O'Neill, Laura King, Stephen Page, Wayne Jameson, Lowell Krassner, Agenda additions The following were added: 1. Update on violation of the CO zone by a developer. 2. Reading of three letters. Minutes of August 6, 1979 It was moved by Mr. Jarvis and seconded by Mr. Paulsen to approve the August 6, 1979 minutes as printed. The motion passed without dissent. Disbursement orders Disbursement orders were signed. Yx . Flaherty arrived at this time. Public hearing on proposed amendment to the City Charter Mr. Farrar noted that this public hearing had been duly warned for 7:30 pm. He read the proposed amendment, which is an addition to Section 1309 in the Charter. The vote will be the second Tuesday of September. There were no suggestions, questions; or comments. Mr. Jarvis moved that the public hearing be closed. Mr. Paulsen seconded the motion and all voted aye. Consider the proposed policy and administrative guidelines for the Community Library Mrs. Ethel Schuele spoke to this item. She said the Council had received copies of the guidelines and that the School Board had already seen and made changes to the draft. She told the Council the new library facilities were working very well and in response to a question from Xr. Paulsen, said that it has been discovered in libraries in other communities that charging a fee for late book return is, in fact, a disincentive to returning books when they are long overdue. Mr. Paulsen moved to approve the aroposed library rules and regulations as submitted. :sir. Burgess seconded the motion and all voted aye. Continue public hearing on request of Normand Ramsey to construct an 18 unit motel at 110E Williston Road Mr. Farrar stated that the applicant had requested that the hearing be 2. CITY COUNCIL AUGUST 20. 1 postponed until the Council's next regularly scheduled meeting because he did not yet have all the information requested by the Council. There was no objection, so Mr. Farrar ordered the hearing continued to the next regular meeting. Formal action on staff prepared motions for the following Interim Zoning Applications Mr. Burgess noted that he had not attended the last meeting, but that he had read the minutes and he did not believe any new information was presented in any of the cases which were to be discussed tonight. He was told that was correct. Mr. Burgess moved that the South Burlington City Council approve the conditional use application of James Meunier, 97 Elmwood Avenue, Burlington, ermont permitting a taxi dispatch o ice in con,lunc ion with_o _eusiness at 10 Patchen Road, according to the proposal of record, based on the followi findings and stipulations: uses Findings 1. The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards 2, 3, and 4 of Section 5 of the Interim Zonine Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. That there will be no more than two cabs operating from this location. 2. That there will be no routine repair work done from this location. Mr. Jarvis seconded the motion and it passed with 4 yes votes and 1 abstention by Mr. Farrar, who had not been present for all the hearings. Mr. Jarvis then moved that the South Burlington City Council approve the conditional use application of the Partners, Rowland Peterson, agent of 1340 Williston Road, South Burlington permitting construction of an office complex, Sontaining 40,000 square feet on a lot containing 2.6 acres and located easterly of 1251 Williston Road according to the proposal of record, based on the — following findings: Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3 and 4 of Section_ 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Mr. Paulsen seconded the motion. Mr. Jarvis noted that the staff prepared motion had contained a stipulation relating to Planning Commission stipulations but that the Council had voted at the last meeting to pass a motion without stipulations. Xr. Flaherty moved to amend the above motion to add the stipulation of the Zoning Administrator on his August 8, 1979 memo, which is as follows: 3. CITY COUNCIL AUGUST 20, 1979 "That those stipulations applied by the Planning Commission relative to the subdivision application of the land in question shall remain in effect." Mr. Burgess seconded the motion and it passed with Messrs. Farrar, Flaherty, and Burgess voting yes. Mr. Farrar stated that he was not part of the entire hearing on this application, but he felt this was a procedural question and he said he would like to maintain as much control as possible, which could be done by reiterating the Commission's stipulations. If that body wishes to change any of its stipulations, Council approval must also be obtained. Air. Flaherty stated that he did not think the proposal, which would generate as much as 400 cars per day, was consistent with the goals of Interim Zoning. The amended motion passed with Mr. Flaherty voting no and Mr. Farrar abstaining. Mr. Jarvis hoped that in the future the staff would prepare motions as the Council directed them to be prepared. Mr. Szymanski said that on the appeal of Champlain Oil, now under consideration, he had checked withthe City Attorney about adding a stipulation that the other request of that company for a convenience store, now in court, be dropped. The City Attorney had not felt such a stipulation was appropriate. Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Champlain Oil Company o an Remo Drive permitting the expansion of the convenience store sales area of the existing service station at Hank's U-Save, 1300 Williston Road, according to the pro2osal of record, based on the following findings: Findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3 and 4 of Section 5 of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Mr. Burgess seconded the motion. Mr. Burgess then moved to amend the motion to include a stipulation that the appeal from the denial of the other application of Champlain Oil for a convenience store on Williston Road be dropped on the assumption that the traffic contained in both applications would be excessive. Mr. Paulsen seconded the motion. In discussion of the amendment, it was noted that the reason for the amendment is that the total traffic impact of both locations would, in the opinion of the City Council, be excessive, if this application were to be approved and the appeal from the denial also approved at a later date. The amendment passed unanimously. The amended motion passed with Mr. Flaherty voting no and Mr. Farrar abstaining because he was not present during the entire hearing process. T'ublic information meeting on development and acquisition of additional land of the so-called Potter property off Laurel Hill and Laurel Hill South Yx. Stephen Page, Planner, showed the Council a map of existing city parkland and two contiguous parcels to be given to the city from the condominium project to the east and the Nowland family to the south. Mr. Farrar noted that he had a pote:tial personal conflict of interest with part of the proposal and his own personal activities and he stated that he would not vote on the issue although he wished to take part in the discussion. He M CITY COUNCIL AUGUST 20, 1979 offered to give the Chair to Vice Chairman Flaherty, but no one seemed to feel this was necessary. Mr. Page said the land acquisition and development were being treated as one application. The present parkland is 7 1/2 acres, the parcel from the condominium project is about 6 acres and that from the Nowlands is about 8 acres. Mr. Page noted those numbers were subject to change. He said that the proposal was for a small tot lot, 2 lighted tennis courts, and a sandlot ballfield. There is a small parking lot and walkways connect the facilities. These are not paved. There are 4 lights for the tennis courts, 30-35' high. There will be access to the park for the handicapped under this plan. There will also be 3 picnic tables. Mr. Page noted that the facilities were placed in areas with buffering trees around them and placed so little grading would be necessary. There will be pedestrian access in the future to the condominium development. Mr. Farrar noted that the area under discussion was directly behind his dwelling and that when he bought the home he had an option on the land behind it, which is still in effect. This is true of other homeowners on the street also, and they plan to purchase some Nowland land and turn it over to the city and then take some city land in return of the same size, so those backyards will be larger. Mr. O'Neill, Recreation Director, said that these facilities would not be used for city-wide organized sports. Told the walkways were 10' wide, Xr. Farrar felt it would be a mistake to make them large enough for motorized vehicles, noting that there was already trouble of that kind in that area. Mr. O'Neill noted that they were designed so city trucks could go in and pick up trash in the park. He said the city's share of the cost would be 20O. There is a trail through the land. Mr. O'Neill said the facilities could probably be moved on the site if people wished to do so. He noted that 1 112 years ago a survey of homeowners in the area had been done and that 44 of the 54 people surveyed had been willing to talk about what they wanted done with the land. Mr. Flaherty moved to direct the Recreation Director to file an application with the State and Federal governments for the development and acquisition of additional land of the so called Potter property off Laurel Hill and Laurel Hill South. Mr. Burgess seconded the motion and it passed with Mr. Farrar abstaining. Other business Mr. Page was asked about the violation of the CO zone by ICY. He said that almost all the debris had been removed and that small trees had been planted where the larger ones had been knocked down in the CO zone. He said the Zoning Administrator and Assistant Recreation Director (who also meets with the Natural Resources Committee) had been to the site and felt the amount of planting was adequate. Mr. Page said the developer said there was a communication problem between him and the bulldozer operator. Mr. Schuele, Chairman of the Natural Resources Committee, said that their concern was that the stream had been physically moved. Yr. Page replied that the Zoning Administrator's judgement was that it had not, and he noted that it was hard to determine the centerline of the brook, which is the starting point of the CO zone. Yr. Page said the Zoning Administrator had rescinded the building permits for the site involved and;that had had good results. Mr. Flaherty wondered if the Council should support that action. He moved that the City Council supports the Planner and the Code Officer in withdrawing building permits from a developer who has not lived u;, to the stipulations imposed by the Planning Commission, City Council. or Zoning Board of Adjustment. Yr. Paulsen seconded the motion and all were in favor. 5• CITY COUNCIL Mr. Schuele suggested a fine be out that revoking a building permit the city could legally impose. Mr. Schuele was concerned that by developers. Mrs. Schuele wanted and she was told that could be part landscaping bond. AUGUST 20, 1979 imposed by the city but Mr. Farrar pointed probably cost a developer more than any fine the CO zone was continually encroached upon to be sure the newly planted trees survived of the requirements for releasing the Set date for special meeting to interview architects for proposed municipal building The date set for this meeting was September 10, 1979 at 7:30 pm. Messrs. Farrar and Paulsen said they would not be able to attend the meeting tomorrow night with the Planning Commission. Mr. Flaherty said he might not be able to either, and Mr. Jarvis said he had jury duty and might be sequestered. It was suggested that the meeting be held another night and Mr. Szymanski was asked to see if the Commission could meet the 29th of August or the 5th of September. Review Zoning Board of Adjustment agenda Mr. Schuele noted that there was a request before the Zoning Board by the Twin Oaks developers to build in the CO zone. He said the Natural Resources Committee strongly recommended that the Council send a member to the meeting to say that CO zones were not set up so that developers could expand into them when they had filled up their other land. Mr. Flaherty moved to instruct the City Manager to send a memo from the Council to the Zoning Board expressing their concerns about encroachment into the CO zone and asking them to look very carefully at this application as they consider its merits or lack thereof, and also that Mr. Flaherty be empowered to represent the City Council at the hearing. Mr. Paulsen seconded the motion and all were in favor. Other business Mr. Paulsen noted that the Spokesman had "town of South Burlington" printed on it and suggested that when new blanks are ordered that be changed to "city". Mr. Farrar said he had a letter from William Spignesi dated August 17, offering his resignation from the Zoning Board because of a transfer. He will also resign from the Southern Connector Committee. Mr. Flaherty moved to accept the resignation of Bill Spignesi and to direct the City Manager to prepare the appropriate resolution from the City Council, so that it can be signed and forwarded to Portland, Maine. Mr. Burgess seconded the motion and it passed 5-0. Mr. Farrar also noted that he had a letter from Richard Myette, saying that he was resigning from the Zoning Board because it was hard for him to get to the meeting room. Kr. Farrar said he would like to talk to Mr. Myette about plans for a new city office building and ask him if he would like to reconsider his resignation in light of that. Mr. Szymanski said he would look into getting new members for the Zoning Board. Mr. Farrar then said that he had a letter from William Schuele of the Natural Resources Committee recommendin€ that the Council review the decision of the Zoning Board for a parking lot to be constructed in the CO zone of the Interstate. It is the feeling of the Committee that there is nqV haidshig and that if there were one, it would be self-imposed. egi ima 6. CITY COUNCIL AUGUST 20, 1979 Mr. Flaherty felt the City Attorney should look into the matter and advise the Council of whether a reasonable case could be made to appeal the decision. Mr. Farrar asked Mr. Szymanski to find out what the last date to appeal the decision was,, and if it were necessary to have a special meeting to be in time, to call one. Mr. Szymanski was asked to find out the Council's options on the matter. I1Ir. Szymanski said that the petition to put telephone cable under Williston Road had not yet been signed. He has heard from the phone company that the construction firm has agreed not to begin work until 9:00 am, so there is no problem. This was approved 1 month ago, he said. He also told the Council that the cost for blacktop sidewalks would be very close to that for concrete, so concrete will be put in. The meeting was adjourned at 9:00 pm. Clerk CITY COUNCIL AUGUST 6, 1979 The South Burlington City Council held a meeting on Monday, August 6, 1979 at 8:00 pm in the Conference Room, City Hall, 1175 Williston Road. N:embers Present Paul Farrar, Chairman; Michael Flaherty, Martin Paulsen, Kenneth Jarvis Member Absent William Burgess Others Present William Szymanski, City Manager; P,LM P.K. Ozinga, Irma Farnham, Lisa, Jean and Al Brunini, Ann Groves, Laura King, Iry and Esther Abrams, Elizabeth Eaton, Nancy Parker, Audrey and Dick Gracey, Pete Wood, Marietta and Norm Chappell, Lucy Samara, Christopher, Charles and Patricia Shea, William Schuele,Lubo and Pauline Dellin, Paul Jordan, George and Janet Danis, James Meunier, Alan and Sally Levy, Gladys Smith, John and Joann Child, Mildred Moulton, Mary Stuart, Bodie and Frederick Wallis, Homer Stuart, Francis Sheridan, Reed Brown, Norma and.J.W. Spaven, H.W. Ray, Sylvia Sheridan, Hank Caswell, Robert -Kelly, Sandy Kleppinger, Sally Caswell, Kay Eeubert, Eric Schuele, Gerry Milot, Donald Swain, James ?McGee, Ronald O'Bryan, Rowland Peterson, Paul Graves, Benjamin Stein, Colin Lindberg, Peter Judge, lied Austin Minutes of July 13, 16 and 30, 1979 Mr. Paulsen moved to approve the minutes of July 13, 16, and 30 as printed. ir. Flaherty seconded the motion and it passed with Mr. Jarvis abstaining on the approval of the July 13 minutes because he was not present at that meeting. Disbursement orders Disbursement orders were signed. Feet with Brewer Parkway residents regarding planned street improvements Mr. Farrar said the question was whether Brewer Parkway would be repaved with or without curbs on the lower end. IVir. Szymanski said the original plan had been to put in the curbs, but last fall a petition was received requesting that curbs not be put in and it was decided not to put them in. Recently, however, there have been requests to reconsider that decision. Mr. Al Brunini read the original petition favoring no curbs and two letters also with that position which were sent to the city. He said that there were 59 homes on the street and the petition contained the names of 48 homeowners who did not want curbs, or 81% of the street. The first petition passed around did not contain many names, but after being told that by the city, more names were added to it, to bring it up to the 81 mentioned, Mr. Brunini said. Mr. Jack Spaven felt that curbing the road would enhance the character of the neighborhood, give better control of surface water, improve the apYearance of the street, stop cars running over lawns, and incret:se property values. Mr. Farrar said that city policy was that new streets had curbs and that existing streets that were reworked were reworked in keeping with the character of the neighborhood and the wishes of the residents. ."_r. Szymanski said that if curbs were put in they would be done next year and 2. CITY COUNCIL AUGUST 6, 1979 would extend beyond the island. Mr. Audette, head of the Street Department, said the trees in the island were dying because of being run over by cars and because of the winter salt in that area. Ms. Sheridan felt that after being told the advantages of curbs by the City Engineer, some people who had signed the petition were not sure they were right to do so. _fir. Reed Brown asked if curbing would insure the preservation of the trees in the island and added that he felt that if part of the street were curbed, the entire thing should be. Asked how wide the lanes would be after the work was finished, Mr. Farrar said there could be 2 16' lanes with an 11' island or 2 18' lanes with a 7' island. If 16' was chosen, parking would have to be restricted because of the narrowness of that size lane. The present road is 13-14' wide, so for a 16' lane, 1' would be taken from each side of the island and the outer sides of the road. It was suggested that the UVM Extension Service be asked how best to protect the trees in the island. It was also mentioned that if the road were widened only on the house side and not on the island side, the street would lose 6 large maple trees. Mr. Farrar asked how many people would support action to widen the lanes to 18' and put in curbs and none responded. He then ar,ked if anyone would support action to widen the street and take the maples. One person was willing to let them go. He then asked if anyone supLorted endangering the trees in the island and again got no response. MIr. Farrar then said that unless they could find a way to put in curbs and save the trees, the curbs would not be put in. He said the city could ask an expert to say whether curbs could be put in safely and asked Mr. Szymanski to contact the Tree Warden about that. Mr. Farrar asked how many present wished to repair and repave the street without curbs and 23 people responded. He then asked how many wanted to wait until more information was received and 14 responded. 14 people said they might want curbs under some conditions. Mr. Farrar said the city would proceed on the present plan, which is for no curbs, unless some information was received which would indicate that a change should be made. Mr. Hank Caswell expressed the residents' gratitude for this opportunity to express themselves. Continue public hearing of Normand Ramsey for an 18 unit motel at 1196 Williston Rd. This hearing was continued at the last meeting for more traffic information, and a sewage assessment. Kr. Lance Llewellyn worked with the City Engineer on the sewage assessment. Yx .azymanski said he agreed with the figure that the motel would use 1800 gallons per day and he said there were 24,000 gallons per day left in the plant. He cautioned the developers, though, that they would be put on the list for sewage space after site -plan approval from the Planning Commission and that just because there are 24,000 gallons left today does not mean there will be room for them when they reach site -plan. Mr. Pilot understood this point. The previous use of the land, a single family home, uses about 300-350 gallons per day sewage capacity. iir. Milot gave the Council a letter from the engineer regarding sewage dated 8/6/79 (cope attached). Mr. Don Swain, traffic engineer, then presented traffic information to the Council in letter form and verbally (copy of letter attached). He said they took information fro: the S.B. Planning Commission and used ITE (Institute of Transportation Engineers) standards to determine that an 18 unit motel at 95c'; capacity will create .9 vehicles per room at peak hours, for a total traffic flow of 16 per 3• CITY COUNCIL AUGUST 6, 1M peak hour. He did not feel that 16 vehicles would adversly impact the intersection of Williston Road and Dorset Street. Mr. Swain said that he had done a 5-day survey of the area to see how much space there was between cars and to see if the stacking lane crest on Williston Road backed up to the driveway of the project. He said it would take about 6 seconds for a car to cross westbound traffic lanes and get into the eastbound lane from this project and het up to 30mph. In the 2 hour periods this was watched, there were about 200?per 2 hour period. Ns. Farrar asked if this meant that the average car would wait a minute or two to get out. Mr. Swain felt the number of traffic gaps was high and said the conclusion of the report was that the development would not create more of a burden on the intersection itself because of the low volume of cars. He felt the traffic impact would be negligible at peak hours. He said he had used 6 seconds to allow the vehicle to get up to 30 mph because that speed was necessary in order to blend in with traffic on the street. Mr. Flaherty was concerned with the vehicle which would be trying to turn into the motel and which could not because of vehicles stacked up to the driveway. That car would block one of the Williston Road lanes, perhaps back to the inter- section. Mr. Swain felt there would be few times a turn could not be made into the motel. There is level of service C for the turning lane at the peak hour. (on Williston Road to go to Dorset Street). Mr. Flaherty's concern was with the evening peak when people might not be able to turn in, and would be backing up cars and/or causing cars to change lanes. Ms. Kay Neubert said her experience was that there were many times that cars backed up past the present driveway to the site. Xr. Schuele agreed. Air. Paulsen was also afraid that a car in the east lane trying to turn in would back up traffic to the intersection. Told there were 200 times in 2 hours a car could make that left turn, he asked to see those figures. Mr. Paul Graves stated that he was an adjacent property owner and said he was concerned with the intensity of the proposed use. He felt the parking layout was such that people would have to back into the drive, which would not allow time for a car entering the parking lot to decelerate. He also felt that people would turn into this property looking for the Econolodge', whose sign is nearby, and then not be able to get back into traffic, since the Econolodge is east of this property and a left turn would be necessary. He said there was no provision for snow storage and that snow night be put on his property and that there was no room for a dumpster, so that might also be put on his land. Mr. Graves also felt that not enough parking was provided and did not want people parking in his lot. He did not object to the use, he said, just to the intensity of it. Ms. Neubert also expressed concern about motor homes being able to move around in the parking lot. She was told that there was room for a fire truck to get in and out, so a motor home should also b e able to. Mr. Szymanski noted that at the time the survey was done, GE was on vacation and UVM was not in session either. He also felt that motels catered to out-of- towners who did not know the area well at all and felt that worsened the impact. He also stated that he felt the traffic situation was worse than it had been made out to be. Iir. Flaherty asked if they could tell what the average waiting time for a car would be during the peak period. Kr. Farrar felt that was a reasonable question.. Xr. Farrar suggested asking the city's traffic consultant for his comments on the data presented by tre applicant, and he asked that the applicant try to make better predictions on the traffic impact, since there seems to be sore doubt on whether the impact is serious. He also asked Mr. Szymanski to ask the City Attorney whether the question of the intensity of the use was germaine to this hearing. Mr. Farrar said the question was what was the probability that a person 4. CITY COUNCIL AUGUST 6, 1979 turning in or out of the project would be stuck and would impede traffic. By common consent the hearing was continued until the next meeting, when it was hoped that the information requested would be ready. Review additional data and formulate action and stipulations on closed public hearings _James Meunier to overate a taxi dispatch office in conjunction with other business use at 10 Patchen Road Mr. Paulsen moved to instruct the staff to prepare a motion of approval for James Meunier for a taxi dispatch office at 10 Patchen Road because the facts indicate that there will be no more than 2 cabs located there, and that will be a stipulation. It will also be stipulated that there will be no routine repair work done at this location. Mr. Flaherty seconded the motion and it passed with Mr. Farrar abstaining becaase he did not take part in the entire hearing process. The Partners - Rowland Peterson agent - to construct an office building at 1251 Williston Road The Council looked at a copy of the Planning Commission's preliminary approval motion, and considered adding those stipulations to their motion. Mr. Paulsen moved to instruct the staff to prepare a motion of approval for the Partners for an office building at 1251 Williston Road. Mr. Jarvis seconded. Mr. Peterson noted that the Planning Commission's approval stipulated that the intersection of Hinesburg Road and Williston Road be at level of service C and he said that if it was not, the Partners would have to bring it to that level. He felt there was no problem there now and that in a little while the city would be widening Williston Road anyway. Xr. Farrar noted that might be farther in the future than the city would like it to be. Kr. Peterson asked that that stipulation be waived by the Council. Mr. Jarvis felt that was the decision of the Commission. Ms. Neubert felt the stipulations should be added to this motion, saying that not to do so was a blanket approval. Mr. Paulsen felt the stipulations were already imposed and did not need to be restated by this body. It was noted that any approval given by the Council did not guarantee sewage capacity. Mr. Flaherty saw no problem with adding the Commission stipulations and noted that on another application the Council had asked the Commission to require a certain setback on the buildings and they had not done so because that had not been a stipulation of the previous Council motion. The motion carried with Mr. Flaherty voting no and Mr. Farrar abstaining because he had not been present for the entire hearing. ChaT,-lain Oil, (flank's U-Save) to expand convenience store sales area of existing pas station at 1300 Williston Road Mr. Jarvis moved to ask the staff to prepare a motion of approval for Champlain Oil at 1300 Williston Road , but also to investigate with the City Attorney whether the Council should and could attach a stipulation that the other application of Champlain Oil.be dropped. Mr. Paulsen seconded the motion. It was understood that if this were legal, the Council would do it. Mr. Flaherty felt this application was substantially the same as the one twice turned down by the Council. Mr. Jarvis felt this was 1/3 the size of the other application:. The motion passed with Idr. Flaherty voting no and Mr. Farrar abstaining because he was not part of the entire hearing. Norman and Marietta Chau-:ell to convert an existing- dwellinn- to a real _estate office at 1433 Williston F.oad Mr. Jarvis said the applicant had indicated that he would make changes to the drive to enhance traffic flow if he were asked to. CITY COUNCIL 5. AUGUST 6, 1979 Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of Norman and Marietta Chappell to convert an existing dwelli_n_g to a real estate office at 1433 Wi liston oad, according to�he pro osal of record and based on the following findings: -- --- - P---- 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlin�-ton and standards 2 - - -- --- _- b,_3 and 4 of Section 5 of the Interim 'Zoning Eegulations. - 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. The existing drive to 1433 should be for ingress only. 2. The garage at 1433 should be demolished and the connecting drive to 1437 constructe . Egress slVill De via the orist double drive. 3. The florist drive curb opening should be widened approximately 5 feet on each side to improve the right turn movement. - - -- 4. The three of four angle parking spaces along the west side of the flower shop should be changed to one or two parallel spaces, so as not to infringe on - the driveway. --- 5. If the parking lot at 1433 is to be paved, the surface water shall be intercepted and piped into the storm drain southerly of this property, outletting into the Davis Parkway storm drain system. -- — 6. The applicant will construct fencing which is consistent with that which is on the east boundary and this will be constructed on the south and west boundaries, or such screening as is mutually acceptable to both the applicant and the adjacent property owners will be constructed. Mr. Jarvis seconded the motion. Mr. Szymanski was asked to check to see if this application would have to have site -plan approval from the Planning Commission. Mr. Schuele asked whether this was not spot zoning. Mr. Flaherty replied that Williston Road was in transition at this time and when the Master Plan was written and the zoning worked on, it was suggested that these areas be made commercial. It was decided to leave them residential, however, so that a board hearing a request such as this could allow uses which were compatible with a residential area. He felt many of the homes on Williston Road would not remain residential. Mr. Schuele replied that if the zoning was incorrect, perhaps it should be changed. He felt that by nibbling away at the zoning, the city was degrading the Plan. I:s. Ztieubert called the attention of the Council to a petition signed by 98 residents of the area who were against the application. She said they had tried for many years to keep commercial uses out of the area from where there are homes on Williston Road to the Ethan Allen Motel. Those lots are small and not suitably sized for commercial uses, she said. She also noted that the lots that fronted or. Williston Road backed up to other homes in the rear and those families did Lot want commercial uses adjacent to them. "X 1-aulsen noted that this property had been commercial for 8-10 years now and said the proposed use would not change that character. The motion passed with Kr. Farrar abstaining because he had not been at all the hearings. 6. CITY COUNCIL AUGUST 6. 1979 Formal action on staff prepared motions for interim zoning applications Roland and Evangeline DesLauriers for office buildings at 345 Dorset St Mr. Paulsen moved that the South Burlington City Council ap2rove the conditional use application of Roland and Evangeline DesLauriers of 345 Dorset t Street permitting the construction of two office complexes, according to t_h_e proposal of record, based on the following findings: 1. The proposed use is consistent with the health, safety and welfare of the City of South Burlington and standards_2, 3 and 4 of Section 5-of the Interim Zoning Regulations. 2. The proposed use is consistentwith standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. That this proposal is subject to site plan review by-the_Planning_Commission. 2. That api other use will rE val is forthose uses submitted by the a aT)TUroy plicant only; any Mr. Jarvis seconded the motion and all were in favor. Terry Jackson Marshall for antique business in conjunction with residential complex at 1475 Shelburne Road Mr. Jarvis moved that the South Burlington City Council approve the conditional use application of Ms.Terry Jackson Marshall, 1475 Shelburne Road permitting an antique business in conjunction with a residen ial complex, according to the proposal of record, based on the following findings: 1. The proposed use is consistent with the health, safety and welfare of the City of outh ur ington and standards , and 4 of Siaction-5of the Interim Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Mr. Flaherty seconded the motion and it carried 4-0. Brick Oven Restaurant, Arnold Cohen Agent to convert an existing pizza -parlor into a restaurant and lounge at 1653 Williston Road Mr. Flaherty moved that the South Burlington City Council approve the conditional use application of Ins. Arnold Cohen, of the Brick Oven Restaurant, 1653 Williston Road allowing for the conversion of an existing pizza parlor into a restaurant and lounge, acccrding to the proposal o record, - based on the - following findings: 1. The proposed use is consistent with the health, safety_ and welfare of the City of SouthBur ing on an standards , and 4 of Section 5 of_the Interim "Zoning Regulations. 2. The proposed use is consistent with standards-1 and-5 based-o_n__the evidence submitted by the applicant. I`.r. aulsen seconded the motion and all voted aye. Hospitality Inns Inc. Gary Farrell, to convert an existing motel unit to an office complex at 870 dilliston Road Ns. Flaherty moved that the South Burlington City Council approve the conditional 7. CITY COUNCIL AUGUST 6, 1979 use application of Hospitality Inns Inc., 870 Williston Road permitting an existing motel unit to be converted to an office complex, according to the proposal of record, based on the following findings 1. The proposed use is consistent with the health, safety, and welfare of the City of South Burlington and standards 2, 3 and 4 of Section 5 of the Interim_ Zoning Regulations. 2. The proposed use is consistent with standards 1 and 5 based on the evidence submitted by the applicant. Stipulations 1. That the use for office purposes of the, so called, Stowe building_ be limited to a two year period or less commencing August 1, 1979 and ending August 1, 1981, after which time the building will revert back to a 34-unit motel. 2. That the expansion and modification to the parking area be subject to site plan_ review by the Planning Commission. Mr. Jarvis seconded the motion. Mr. Schuele asked the Council to delay its approval until there was a review of the hardship of the case, on which the Zoning Board gave approval to build in the Conservation - Open Space (CO) zone. A parking lot was approved in the CO zone and Mr. Schuele did not think it could be shown that the hardship was not created by the applicant, which is necessary for approval. Mr. Jarvis felt the use had been technically approved at the July 30 meeting and that this motion was merely putting the wording in the proper manner. Mr. Schuele said that the Natural Resources Committee was concerned about the encroachment of the parking lot on the CO zone, and he asked the Council to review the hardship. Mr. Flaherty suggested sending a memo to the Planning Commission regarding the issue. The motion passed with Messrs. Paulsen and Farrar abstaining because of a potential. conf "t-4Df interest. By common consent Mr. Szymanski was instructed to sent a memo to the Planning Commission asking that they carefully review the proposed parking because of its encroachment on the CO zone, and the concerns of the Natural Resources Committee. Sign Warning for special city meeting Mr. Farrar read the warning. Mr. Paulsen moved to sign the warning. The motion was seconded by Ifs. Jarvis and passed with all in favor. Meet with Ned Austin to discuss the Bartletts Bay Road problem Nir. Austin said he was just interested in being able to get in and out of his driveway and did not care how that was arraned. Mr. Farrar suggested giving Mr. Austin a right of way over the drive maintained by Mr. Mazur and that will be explored further. .3ign relinquishment and maintenance af-reement with State Highway Oeoartment for portions of city streets acquired for interstate highway construction Mr. Szymanski asked to postpone this item. 1 go CITY COUNCIL AUGUST 6. 1979 Review and authorize chairman to sign land transfer titles for land changes at corner of Kennedy Drive and Williston Road rr. Flaherty moved to authorize the Chairman to sign the land transfer titles on receipt of approvals from the City Manager and City Attorney that all things are in order. Mr. Paulsen seconded the motion and all voted aye. Interview architects for proposed municipal building Benjamin Stein Mr. Farrar explained that next year the city hoped to build a municipal building which would house city offices, the police, and another bay for the fire department. Mr. Stein said he worked very closely with boards until they reached the final criteria for the preliminary drawings. He works on an hourly basis with a stipulated maximum price for the preliminary stage. His office consists of himself and he gives very personal service, he said. He also felt he was good at presentations and would do this for the public when the time came. He gave the Council some background information on himself, and listed some buildings he has worked on. He felt it would be possible to come up with a design by the end of the year, and said his cost projections had always been very close to the actual figures. He said he sometimes employed outside engineering or site work help as necessary. Asked about a negotiated contract vs. going out for bids, he said he personally under normal circumstances preferred having a pre - qualified list of bidders. Colin Lindberg 14r. Lindberg said he had an office in Burlington and 9 employees. He has done a lot of rehabilitation work and said he left some information with the city on what he has worked on. He said he personally preferred a management arrangement, noting that negotiated contracts were sometimes a problem with public money. He said usually he used the contractor as a manager, not the architect, because the contractor was more involved with real costs. He felt it would be possible to have a design by the end of the year or even sooner. Review Planning and Zoning agendas There were no comments. Old business There was none. N.eet as Liquor Control Board to act on application for liquor license for Benji's Pizza Plus, 1208 Williston Road Mr. Szymanski said this application would have to go to the City Council under Interim Zoning anyway so he wanted to wait on the liquor license approval. The meeting was adjourned at 11:15 pm. Clerk �NNcal uL nvspitaiity inns, d.b.a., Sherator Motor Inn, 8/U Williston Road The area in question is within the Conservation -Open Space District. Section 3.10-3.20 and 3.30 prohibit the construction of a parking lot within the C.O. District. Boundaries of the C.O. District is "a strip of land 150 feet in depth on both sides of the I-89 and I-189 right-of-way". The request is to construct additional parking area 60' x 158' to within 10 feet of the Interstate 89 off -ramp. This office originally warned this appeal under section 3.20 however, in reviewing that section we may have had a problem therefore a second warning was published which includes the other sections within the C.O. District. The appellent and adjoining property owners have been notified of this hearing. SHERATION MOTOR INN 870 Williston Road Area in question within Conservation - Open Space District Section 3.20 Conditional use Parking lots conditional use within C.O. District Request to add an additional parking area 60' x 158' to within 10 feet of Interstate 189 off -ramp Memorandum Re: Next Week's Agenda Items 8/9/79 Page 3 �k Sheraton parking lot This proposal received a variance to the C-0 district from the ZBA last week. Access, circulation, parking, and landscaping are adequate.