HomeMy WebLinkAboutAgenda - Planning Commission - 10/13/2020South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, October 13, 2020
7:00 pm
IMPORTANT:
This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and members
of the public are invited to participate either by interactive online meeting or by telephone. There will be
no physical site at which to attend the meeting.
Participation Options:
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SBCity/pc-2020-10-13
By Telephone (audio only): Phone # (571) 317-3122; Access Code: 568-695-653
AGENDA:
1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:10 pm)
4. *Proposed Amendments to Land Development Regulations: review proposed amendments and consider
and possibly approve Planning Commission Report & Warning of Public Hearing on same: (7:15 pm)
a. LDR-17-13A: Allow for increase in maximum building and lot coverage on properties with land in the
Urban Design Overlay District via installation of an on-site civic space
b. LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via use of Transferable Development Rights from designated Sending Areas
c. LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center Form
Based Code District
d. LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
5. Work Session on Land Development Regulation Amendments (7:28 pm)
a. *Continue review of Forested Habitat Block applicability and related possible zoning district
amendments
6. Other Business (8:58 pm)
a. *Burlington Planning Commission public hearing on Comprehensive Development Ordinance
Amendments, Tuesday, October 13, 6:45 pm via Zoom https://us02web.zoom.us/j/87568033583
b. *Williston Planning Commission public hearing on Unified Development Bylaw amendments,
Tuesday, October 20, 7:00 pm via Zoom: zoom.us/join Meeting ID 158 006 871
7. Minutes (8:59 pm): *September 22
8. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Meeting Participation Guidelines
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to ensure that everyone has a chance to speak and that meetings proceed smoothly.
2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an
item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try
to call on each participant in sequence.
3. Once recognized by the Chair, please identify yourself to the Commission.
4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to conduct business items.
5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the
Community Room is available should people wish to chat more fully.
6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not
interrupt others when they are speaking.
7. Make every effort not to repeat the points made by others.
8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Commission for a second time.
9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning
Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters.
Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and sway public opinion on the matter.
10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulation to the Planning Commission and kept as part of the City Planner's official
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included in the record.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Proposed LDR Amendments: LDR-17-13A, LDR-17-13B, LDR-19-06, LDR-20-18A
DATE: October 13, 2020 Planning Commission Meeting
Enclosed please find a series of amendments to the Land Development Regulations. The Commission may
warn a public hearing on any or all of the enclosed amendments. Staff recommends Tuesday, November 10th
at 7:00 pm. The amendments include:
a. LDR-17-13A: Allow for increase in maximum building and lot coverage on properties with land in the
Urban Design Overlay District via installation of an on-site civic space
b. LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via use of Transferable Development Rights from designated Sending Areas
These amendments would be two options for allowing increased lot coverage as described as discussed
at your meeting last month.
c. LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center Form
Based Code District
This amendment was initially reviewed by the Commission in the summer of 2019. Two of the Open
Space Types created/modified by that amendment are directly linked to LDR-17-13A and so must be
adopted simultaneously.
A brief reminder: A public hearing was held at that time on proposed amendments to allow for
additional refinement and flexibility in the City Center FBC, and to set the stage for future use under Site
Plans and PUDs. The Commission elected not to advance the amendments at that time following receipt
of a handful of comments. The comments included requests for additional flexibility in the size of
playground, applicability of sun terraces, and flexibility in the uses associated with restaurant seating.
The first two have been modified. Staff recommends that the third be reviewed further by the FBC
Subcommittee when it is re-initiated.
In addition, two open space types were proposed to be added at that time: Neighborhood Park and Dog
Walk & Play Area. Both are being reviewed in greater detail as part of the PUD project and are not
included in this draft.
d. LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
2
Staff is recommending the removal of the requirement for submittal of paper copies of applications for
development. This has been practice since March 2020, when staff began to work remotely. Staff had
already put the pieces in place to manage this, including establishing a digital repository and creating a
relationship with a local printing company to print large-scale plots if needed. Digital copies can be made
available to the public for review at any time and we are able to send the files to various printers upon
request of residents at their expense.
Elimination of the requirement in the LDRs would codify this practice and take an additional step
towards the City’s sustainability goals. Full-size roll plans consume a lot of paper!
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via installation of an on-site civic space
LDR-17-13B Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via use of Transferable Development Rights from designated Sending Areas
2.02 Definitions
…
Transferrable Development Rights. The development potential of a parcel of land assigned by these
regulations and measured in dwelling units per gross acre, which may be severed from a parcel, the
sending parcel, and which may be transferred to and used on another parcel, the receiving parcel. To the
extent that the development potential of a sending parcel is used on a receiving parcel, rights or interests
in the parcel created by a legal instrument in perpetuity, conserving the sending parcel and limiting the
possible uses of the sending parcel to agriculture, forestry, natural area and/or outdoor non -motorized
recreation shall be granted to the City, a State agency or a Qualified Organization, as defined in 10 V.S.A.
section 6301a, as amended from time to time.
10.06 Urban Design Overlay District (UDO)
A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple
design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the
City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive
Plan. The Urban Design Overlay District aids in fulfilling the City’s vision for the Southwest quadrant, which
is to enable infill and conversion development, encourage pedestrian movement, serve local and regional
shopping and employment needs, and make use of existing public transportation. The City intends for the
applicable areas to provide safe and inviting access to adjacent neighborhoods.
…
D. Allowance for Increase Lot Coverage via supplemental On-Site Civic Space or Transferable
Development Rights. For parcels with land laying within the Urban Design Overlay District, the maximum
lot coverage may be increased by up to ten (10) percentage points using one of the two methods described
below. Such allowance shall apply only to the subject lot with land within the Urban Design Overlay District
and not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit
Development for the subject lot.
Example: For a lot in a zoning district where the maximum lot coverage as identified in Appendix
C is 70%, the maximum lot coverage for said lot may be increased to 80%.
(1) On-Site Civic Space Option. The applicant shall demonstrate compliance with each of the
following standards as part of any proposal to increase lot coverage under this subsection:
(a) For each additional increment of lot coverage, an area on the site equal to thirty (30)
percent of said increment shall be designated on the site plan for of the subject parcel as one or
more Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Appendix F;
(b) The selected Civic Space type(s) must comply with all guidelines for as indicated in
Appendix F;
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
(c) All elements of the applicable open space type shall be constructed prior to the issuance
of a certificate of occupancy;
(d) Where elements of such open space type are pre-existing, they may be used to qualify
under this section; and,
(e) Impervious areas within an approved Civic Space shall not be considered lot coverage for
the purposes of these Regulations.
(2) Transfer of Development Rights Option. The applicant shall demonstrate compliance with
each of the following standards as part of any proposal to increase lot coverage under this subsection:
(a) Provision of Options to acquire all necessary TDRs from a designated Sending Area as part
of any application to the Development Review Board or Administrative Officer in accordance with
Article 9 of these Regulations.
(b) Recording of required documentation demonstrating completed transfer(s) of all
necessary TDR, in a form acceptable to the City Attorney, shall be required prior to issuance of any
zoning permit enabling use of increased lot coverage.
(c) Transferable Development Rights must be transferred in increments of not less than 2,500
s.f.
(d) Transferable Development Rights may only be transferred in the minimum quantity
required to satisfy the requirements of the site plan or Planned Unit Development application,
rounded to the nearest increment. Any remainder of full increments shall be noted in the decision
and may be applied in a subsequent application with no additional TDR transfer.
(3) Combined Applications. In no case shall the options listed above be used in combination or
in addition to one another.
Transfer of Development Rights
9.05 Transfer of Development Rights; Sending & Receiving Areas and Residential Density
The planned maximum residential build-out in the SEQ District has long been limited to approximately
3,800 dwelling units, plus an allowance for affordable housing density bonuses. In order to maintain this
limitation on the overall development of the SEQ District and to encourage both well-planned residential
development in clusters and the preservation or protection of open space, natural resources, scenic views
and agricultural uses, the Transfer of Development Rights is hereby authorized within the SEQ District. To
allow for the redistribution of development to areas priority development areas outside the SEQ District,
the Transfer of Development Rights to land within the Urban Design Overlay District is also authorized as
enumerated in this Section.
A. Sending and Receiving Areas. The Transfer of Development Rights (TDRs) is comprised of two
parts: sending areas and receiving areas. Sending areas are those from which TDRs can be exported, and
receiving areas are those to which TDRs can be imported.
(1) Sending Areas. Lands within the following areas designated as Sending Areas:
(a) Lands within the SEQ-NRP and SEQ-NRT sub-districts
(2) Receiving Areas. Lands within the following areas designated as Receiving Areas:
(a) Lands within the SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts;
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
(b) Parcels with land located within the Urban Design Overlay District
(1) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts are designated as
receiving areas.
(2) Lands within the SEQ-NRP sub-district are designated as sending areas.
(3) Lands within the SEQ-NRT sub-district area designated both as sending areas and receiving
areas.
B. Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ
District is provided an Assigned Density based on the maximum residential build-out of the SEQ District.
The maximum assigned density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross
acre.
(1) SEQ-VC: Lots in the SEQ-VC sub-district that were in existence as of the effective date of this
Article and that are two acres or less in size shall be allowed an assigned residential density of four (4)
dwelling units to the acre.
C. Allowable Density for Development that does not Include a Transfer of Development Rights: If
a PUD does not include Transferrable Development Rights, the number of dwelling units that may be
developed, or the number of single family house lots that may be created, in the PUD shall not exceed an
average density and a maximum number of units per structure as follows:
(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling
units to the acre and four (4) dwelling units per structure.
(3) In the SEQ-VC Subdistrict:
(a) For lots that were in existence as of the effective date of this Article and that are two acres
or less in size: four (4) dwelling units per acre
(b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units
per structure.
D. Allowable Residential Density for Development that Includes a Transfer of Development Rights
(1) If a PUD in the Southeast Quadrant Zoning District uses Transferrable Development Rights, the
number of dwelling units that may be located on, or the number of single-family house lots that may
be created within, a contiguous development parcel subject to a single PUD or Master Plan approval
shall be increased to a maximum average density as follows:
(a) In the SEQ-NRT and SEQ-NR sub-districts: Four (4) dwelling units to the acre and four (4)
dwelling units per structure.
(b) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and
four (4) dwelling units per structure.
(c) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6)
dwelling units per structure.
Such average densities may be achieved only as part of a Planned Unit Development application.
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater
number of dwelling units than those permitted in these Regulations, such approved number of units
in a structure shall remain in effect.
(2) If a site plan or PUD outside the Southeast Quadrant Zoning District uses Transferrable
Development Rights, the amount of development density that may be located on a development
parcel subject to a site plan or PUD approval shall be increased as follows:
(a) In the Urban Design Overlay District, lot coverage indicated in Section 10.06 of these
Regulations.
E. Development Rights Necessary to Obtain Density Increase
To obtain the increased density allowable in a receiving area, transferrable development rights must be
acquired from 0.83 acres of land in a sending area for each unit of increased development within a
additional dwelling unit approved for development on the rReceiving Area parcel beyond the maximum
average density that would be allowable on that parcel if the PUD application did not use transferrable
development rights. A unit of increased development is defined as:
(1) A residential dwelling unit (excluding accessory apartments), or;
(2) Lot coverage of 10,000 s.f.
Appendix F: SEE LDR AMENDMENT #LDR-19-06
LDR-19-06 Open Space Types
LDR-19-06 Modify Table of Open Space Types (Appendix F) and Applicability in the City
Center Form Based Code District
8.08 Open Space Requirements
…
C. Qualifying Civic/Open Space. Qualifying Civic/Open Space is defined per the palette of options
included in Appendix FTable 8-2, and specifically excludes areas also intended for motor vehicular use,
such as parking areas, driveways, travel lanes, etc.
Table 8-2. Qualifying Open Space
Transect Zone Allowable Open Space (see Appendix F for standards)
T5 Pocket/Mini Park
Plaza/Square
Outdoor café/restaurant seating (not within the public right-of-way)
Sun Terrace (as restricted in Appendix F)
Courtyard
Pedestrian Pass
Indoor Park / Atrium
T4 All Open Space listed as allowable in T5 and;
Playgrounds
Green (residential and campus style development only)
Community gardens
Rain Gardens (as restricted in Appendix F)
Wooded area (as restricted in Appendix F)
Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in
Appendix F)
T3/T3+ Pocket/Mini Park
Courtyard
Green- residential with more than 7 units only
Private yard space (respecting common space requirement indicated in Table 8-1)
Playground
Community gardens
Wooded area (as restricted in Appendix F)
…
E. Open Space Location
LDR-19-06 Open Space Types
(1) Locating Open Space Off-Site
(a) Qualifying open space may be located off-site, or on a parcel other than the one where
the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open
space must be located within City Center FBC District boundaries and must meet the standards
articulated herein. Designated off-site open space must qualify under the palette of options
listed in Table 8-2Appendix F.
…
G. Landscaping Requirements
…
(2) Within the City Center FBC District, the minimum landscaping budget may be applied to non-
bulb perennial vegetation, or other amenities, as detailed in Table 8-23 and Appendix F, as part of a
cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate
to the site.
…
Table 8-23. Landscaping Options
…
8.09 Uses Allowed and Changes of Use.
A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in
Table 8-34, Table of Uses, these Land Development Regulations, other applicable City ordinances and
regulations and by state statute or applicable state regulation. In Table 8-34 below (Transect Zone Table
of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that
Transect Zone pursuant to these Land Development Regulations.
B. Nonconforming structures. Table 8-34, Transect Zone Table of Uses, indicates uses that are
prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building
Envelope Standards. See also Section 8.11 for nonconformities.
Table 8-34. Transect Zone Table of Uses
…
APPENDIX F: CIVIC/OPEN SPACE TYPES
SEE ATTACHED TABLE
APPENDIX FCivic/Open Space RequirementsF‐1Plaza/Square Green Pocket/Mini Park Playground Outdoor Café/ Restaurant SeatingSun Terrace Indoor Park/Atrium Courtyard Wooded AreaCommunity Shared Garden SpaceApplicabilityAll FBC DistrictsT3, T3+, T4All FBC Districts, Parcels with land in Urban Design Overlay DistrictAll FBC DistrictsAll FBC Districts (must be associated with a restaurant)Buildings having 3 or more stories in T4 and T5 T4, T5All FBC DistrictsOnsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E.All FBC districts.Description & Service IntentPrimarily hard-surface space. Intended to serve public, allowing people to congregate, sit, walk, or access adjacent businesses. Should be context-sensitive.Informal and centralized public, civic space or common/shared private space for residential use or campus-style development.Small open area. May be tucked adjacent to or between buildings, or adjacent to roadway. on a separate lot or portion of a lot. Intended to primarily serve public or residents within 1/4 mile radius.Programmed space and/or structure that serves the active recreational needs of children in the immediate vicinity.An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drinkAccessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Naturally occurring area with predominance of canopy trees with enhancement and public access.Land set aside and maintained for production of food to be used primarily for participating gardeners. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-style Development: 0.5-3 acres.2,000-10,25,000 sq. ft.Total pPlay area shall be a minimum of 1,500 2400 square feet. Play space should include a buffer area around any play structures. Minimum 100 sq. ft. 500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space.Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall projected onto the floor plane. 5,000-20,000 sq. ft. 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space.Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's marketFor residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of-way via direct walkway; Access from several locations encouraged.Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Accessible from Public Right-of-Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable. Highly visible, directly adjacent to public right of way. See additional public realm standards below.Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three sides (outer) or four sides (inner)Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site.May not be located in any class wetland or wetland buffer. Shall have proper drainage.Seating*, Tables, Etc. Minimum one seating space for each 500 sq.ft. of plaza area. Minimum 10 seats. Seating is encouraged to be of a variety of types and socially oriented. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up.One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds fixed play equipment, or public picnic tables. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space.One seating space for every 50 sq.ft. of terrace area. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 3.Light enhancement expected. Must include improvements, including cleared paths and benches.None required. Landscaping, Design-Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature. Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Canopy trees should provide substantial shade. Turf and landscape plantings. to Should promote shade over at least 25% a portion of the area.Appropriate ground material- rubber or woodchips. Plantings for articulation of space to complement active play ingredients encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. Shade shall be provided in consultation with the Recreation DirectorFor optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space.Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery.Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Commercial Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permittedPermitted but nNot counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals.Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1.30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted. Not permitted. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind. No requirementsSunlight to most of the occupied area from mid-morning to mid-afternoon. Mix of sun and shade.Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing.Sunlight to sitting areas for most of day.No requirements Full sunlight. Other Shall include minimum components:3 low child-sized swings; 1 toddler sized swing; 2 slides; one or more play houses. Shall include added amenities specifically intended for play by toddlers and young children, to the satisfaction of the Administrative Officer in consultation with the Director of Recreation and Parks. Creativity in design strongly encouraged. Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. Notes:Seating dimensions:*Required dimensions for one seating space or one seat are as follows:Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seatMaterialsAll products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application.South Burlington Land Development Regulations
APPENDIX FCivic/Open Space RequirementsF‐2ApplicabilityDescription & Service IntentSize Location & Access Seating*, Tables, Etc. Landscaping, Design-Commercial Services, Food Sunlight and Wind Other Notes:Seating dimensions:MaterialsRain GardenSnippet/ ParkletPedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment AreaPrivate Yard SpaceAll FBC districtsAll FBC districts; Parcels with land within the Urban Design Overlay DistrictT4, T5All FBC districtsOnsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E.T-3 and T3+ A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas.Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers.Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Private yard space associated with residential unitsMaximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space.600-4,000 sq. ft8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space.As directed by minimum requirements. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system.Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Directly adjacent to and accessible to at least one entry of dwelling unit it is associated with. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is are required and can be counted as part of the required open space. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type.One seating space for each 150 sq.ft.Seating is encouraged, but there shall be no minimum requirement.If functional for sitting and viewing, seating can be ledges, benches, and/or stairs.No requirements. Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 530 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouragedLID techniques; no fencing permitted.No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. Not permitted.Permitted40% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted. Not permitted. Not permitted. Appropriate to the plant species selection. No requirementsSunlight to most of the occupied area at lunchtime. Shelter from wind. No requirements. Appropriate to the plant species selection. Exterior to building. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements.Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. South Burlington Land Development Regulations
LDR-20-18A
Technical Amendment - Submission Requirements
LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
Appendix E:
Submittal requirement:
Completed application form; one (1) full-sized, one (1) reduced [11" x 17"], and one (1) digital copy of plans; and
a list of the owners or record of abutting property owners
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing November 10, 2020
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Tuesday, November 10, 2020 at
7:00 pm, via GoToMeeting electronic platform, to consider the following amendments to the South
Burlington Land Development Regulations:
A. LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via installation of an on-site civic space
B. LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via use of Transferable Development Rights from designated Sending
Areas
C. LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center
Form Based Code District
D. LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the
Land Development Regulations
Accessing the Hearing:
This will be a fully electronic meeting, consistent with recently passed legislation. There will be no
physical site at which to attend the meetings. The City is presently using GoToMeeting as our service.
Members of the public are welcome to call in by telephone, join by interactive internet service (with
video conferencing and screen sharing capability), or both.
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SBCity/pc-2020-11-10
Telephone (audio only): (872) 240-3212; Access Code: 928-311-013
2
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
A. LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via installation of an on-site civic space
Brief explanation of the proposed bylaw
The amendment would allow for an increase in allowable lot coverage of up to ten (10)
percentage points for any parcel with land in the Urban Design Overlay District with the
provision of an on-site Civic Space equal to thirty (30) percent of the area being added as
impervious surface.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendment would allow for additional lot coverage in areas designated in the
Comprehensive Plan as priority areas for development and re-development. The
amendment would have limited effect on the availability of safe and affordable housing
other than to provide additional development flexibility, generally, within the Urban
Design Overlay District; if any applicant did make of the provision for affordable housing, a
minimum amount of civic space would be installed to serve users of the property
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment is consistent with the Comprehensive Plan’s objectives to support
development re-development along the Shelburne and Williston Road corridors and to do
so in a manner than supports pedestrian-scale design and amenities.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
B. LDR-17-13B: LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in
the Urban Design Overlay District via use of Transferable Development Rights from designated
Sending Areas
3
Brief explanation of the proposed bylaw
The amendment would allow for an increase in allowable lot coverage of up to ten (10)
percentage points for any parcel with land in the Urban Design Overlay District with the use of
Transferable Development Rights. The amendment would designate properties with land in the
Urban Design Overlay District as a Receiving Area and allow existing Sending Areas to direct
TDRs to these locations.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendment would allow for additional lot coverage in areas designated in the
Comprehensive Plan as priority areas for development and re-development. The
amendment would have limited effect on the availability of safe and affordable housing
other than to provide additional development flexibility, generally, within the Urban
Design Overlay District.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment is consistent with the Comprehensive Plan’s objectives to support
development re-development along the Shelburne and Williston Road corridors.
Furthermore, it is consistent with the objective to support conservation of land within
areas designed as “very low intensity, principally conservation” in the Comprehensive Plan
by expanding the market for use of Transferable Development Rights
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
C. LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center
Form Based Code District
The proposal would amend Chapter 8 (City Center Form Based Code District) and the related
Appendix F to provide for additional qualifying open space types, amend some minor details and
clarify expectations of approved types, and provide for greater organization of the text related
to applicability.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendments would not have a direct impact on the availability of safe and affordable
housing. The amendments do continue to further several goals and policies within the
2016 Comprehensive Plan, including objective 33 related to the provision of varied
recreational areas and facilities and objective 35 relating to a targeted open space to
population service standard.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
4
The amendments do not impact specific proposals for any planned community facilities.
The requirements for qualifying open spaces are largely intended to be private spaces and
not community-funded, though there could be the potential for large projects with
related large open spaces to provide for identified or planned public parks or related
community facilities.
D. LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
Brief explanation of the proposed bylaw
The proposed amendment would eliminate requirements for submittal of paper copies of
applications to the Development Review Board and Administrative Officer. Digital versions of all
documents will continue to be required. They can be provided via digital means to any
interested person and can also be sent to a local printer for reduced or full-sized copies upon
request. When the City’s offices are open to the public, applications can also be made available
for review in person on a public computer
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing
The amendments will reduce paper waste, furthering the City’s objectives for energy
efficiency.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment has no impact on proposed future land uses or densities.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The amendment does not impact specific proposals for any planned community facilities.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Continue Review of Forested Habitat Block Applicability
DATE: October 13, 2020 Planning Commission meeting
At the Commission’s Special Meeting on September 29, staff was asked to perform an area-by-area review of
the mapped Forested Habitat Blocks from the 2020 Arrowwood Environmental Report. Staff was asked to
review context, known existing/planned development, and natural resource considerations, and to provide
the Commission recommendations in order to facilitate discussion.
The review and recommendations for consideration are based on the Commission’s overall guidance to retain
contiguous forested areas and identify areas where “fingers” of forested habitat areas exist and should be
reviewed.
Staff has prepared this review using an ArcGIS StoryMap.
Instructions:
1. Click here to begin: https://arcg.is/1bHey0
2. A new webpage will open.
3. On the left is a map. You can zoom in and out of the map, or move it around at any time
4. On the right is text with an analysis and/or recommendations.
5. On the far right are an up and down arrow, and a series of dots.
6. You can advance the Story by either scrolling up or down with the wheel on your mouse while it’s
hovering over the black text, by clicking on the up or down arrow, or selecting a dot
7. Each time you scroll up or down, new text appears and a new (zoomed in) part of the City Map appears.
New information is added to accompany that map segment
8. As with the first map, you can always zoom in or out of the map (using the +/- signs, or the wheel on your
mouse while it is hovering over the map).
9. The map contains a legend. Click there to see what each color represents.
10. Any underlined text in the “Story” is a link to an outside document, such as a report or approved plans.
Reviewing the Maps & Recommendations:
The StoryMap contains 33 maps covering 20 areas in the City, so please take your time as you go through.
Staff recommends Commissioners be prepared to share feedback on each area at the meeting.
Meeting Objective:
To obtain feedback on recommendations in order for staff to prepare draft of the Forest Block applicability
map for public review next month.
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: South Burlington Planning Director
Colchester Planning Director
Winooski Planning & Zoning Manager
Chittenden County Regional Planning Director
VT Department of Housing and Community Development
FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington
DATE: September 25, 2020
RE: Burlington Comprehensive Development Ordinance Amendments
Enclosed, please find proposed amendments to the City of Burlington Comprehensive
Development Ordinance:
ZA-21-01: Daycare & Preschool in RCO
ZA-21-01: Temporary Tents
The Planning Commission will hold a public hearing on the proposed amendments on
Tuesday, October 13, 2020 at 6:45 pm via a virtual meeting on the platform Zoom.
Please ensure this communication is forwarded to the chairs of your respective Planning
Commissions. Submit any communications for the Planning Commission’s consideration at
the hearing to me by close of business on October 12, 2020.
Thank you.
CC: Andy Montroll, Burlington Planning Commission Chair
David White, FAICP, Director, City Planning
Scott Gustin, AICP, Principal Planner, Department of Permitting & Inspections
Kimberlee Sturtevant, Assistant City Attorney
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
www.burlingtonvt.gov/pz
Phone: (802) 865-7144
Andy Montroll, Chair
Bruce Baker, Vice Chair
Yves Bradley
Alex Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
PUBLIC HEARING NOTICE
Burlington Comprehensive Development Ordinance
ZA-21-01 Daycares & Preschools in RCO
ZA-21-02 Temporary Tents
Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington
Planning Commission to hear comments on the following proposed amendments to the City of
Burlington’s Comprehensive Development Ordinance (CDO). Per Act 92, Secs. 5 and 6, the public
hearing will take place during the Planning Commission meeting on Tuesday, October 13, 2020
beginning at 6:45pm. You may access the hearing/meeting as follows:
To join from a Computer, please click this URL to join, and enter the password if prompted:
https://us02web.zoom.us/j/87057586208
To join by phone, dial this number and enter the Webinar ID when prompted:
Number: +1 312 626 6799 Webinar ID: 870 5758 6208
Pursuant to the requirements of 24 V.S.A. §4444(b):
Statement of purpose:
The purpose of the proposed amendments are as follows:
ZA-21-01: To eliminate the distinction between small and large Day Care Centers and small
and large Preschools, and to eliminate the GFA limit on these facilities in RCO districts.
ZA-21-02: To allow for placement of structural tents for non-residential purposes without
review or zoning permit required for up to 180 days with Fire Marshal permit.
Geographic areas affected:
These amendments apply to the following areas of the city:
ZA-21-01: Eliminating the distinction between small and large facilities applies to all zoning
districts, but changes what is presently allowed in RCO and E-AE zoning districts. Change to
footnote 8 impacts only RCO zoned areas.
ZA-21-02: Applies to all parts of the city.
List of section headings affected:
The proposed amendments modify the following sections of the Burlington Comprehensive
Development Ordinance:
ZA-21-01: Modifies Sec. 5.4.1, Table 8.1.8-1, some definitions in Article 13, and Appendix-A Use
Table
ZA-21-02: Modifies Sec. 5.1.2 (f) Temporary Structures
The full text of the Burlington Comprehensive Development Ordinance is available online at
www.burlingtonvt.gov/DPI/CDO. The proposed amendment can be reviewed in hard copy posted
on the first floor of City Hall, 149 Church Street, Burlington or on the department’s website at
https://www.burlingtonvt.gov/DPI/CDO/Proposed-Amendments-Before-the-Planning-Commission
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, di sability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: Burlington Planning Commission
FROM: Meagan Tuttle, Comprehensive Planner, City Planning
DATE: August 27, 2020
RE: Proposed CDO Amendment: ZA-21-01 Day Care & Preschool in RCO Districts
Overview & Background
This amendment originates from a request made by the Winooski Valley Parks District (WVPD) on
behalf of its tenants, the Ethan Allen Museum and the Forest Preschool. The preschool has operated
at the Homestead Barn and WVPD property since 2015. Due to the critical need for childcare in the
City and state, the preschool has maintained a waiting list for enrollment. As a result of COVID-19, the
preschool is experiencing a significant increase in the demand for space in the program, as well new
standards to re-open under modified guidelines for staff and classroom space. While the WVPD has
space to expand to meet both the increased need for space at the current enrollment, as well as the
preschool’s needs under expanded enrollment, the zoning ordinance presently limits this expansion
in two ways—by limiting the gross floor area (GFA) of the facility and the enrollment to 20 children.
Presently, the CDO separately defines Small Day Care Center and Large Day Care Center and Small
Preschool and Large Preschool. The distinction between large and small facilities in both of these
cases is based on the number of children served in a facility—small is limited to 20 children, while
large is more than 20 children. A zoning amendment that predates the current 2008 CDO made the
distinction between Small and Large Daycares. An amendment to enable a small childcare to
operate in conjuction with the facilities at the WVPD property was approved in 2015. These
thresholds then informed a series of more recent amendments which established the same
distinction between Large and Small Preschools, and a series of other changes related to these uses.
The distinction between large and small facilities is relevant only within the RCO and E-AE zoning
districts. Within these districts, Small Day Cares and Small Preschools are allowed as a Conditional
Use, but only in conjunction with Small Museums and are lmited to 50% of the GFA of the museum.
However, neither Large Day Care nor Large Preschool are permitted in these districts. Within all other
zoning districts, large and small facilities of both types are treated exactly the same in terms of where
they are allowed, any applicable footnotes, and their minimum parking requirements (as proposed by
ZA-20-04, which is scheduled for public hearing before the Council).
In order to enable the preschool to respond to its underlying and COVID-19 driven needs for
expanded enrollment, the WVPD has requested an amendment to the ordinance to address these
limitations. It is staff’s recommendation that the CDO be amended to eliminate the distinction
between large and small day care and preschool facilities, as there is no material difference between
them except for within the RCO and Enterprise-Ag districts, and to remove the 50% GFA limit on their
size relative to museums within the RCO districts.
Proposed Amendment
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement
This amendment proposes to eliminate the distinction between small and large Day Care Centers
and small and large Preschools, and to eliminate the gross floor area limitation on these facilities
within the RCO zoning districts.
Proposed Amendments
To achieve the goals identified above, the proposed amendment affects the following sections of
the Burlington Comprehensive Development Ordinance:
1. Update Sec. 5.4.1 to reflect updated uses
Remove references to small and large day care centers and preschools, and replace
with “Day Care Center” and “Preschool.”
2. Update Table 8.1.8-1 regarding minimum parking for updated uses
Remove references to small and large day care centers and preschools, and replace
with “Day Care Center” and “Preschool.” Utilize minimum parking standards as
proposed by ZA-20-04, which are consistent across all uses.
3. Modify definitions in Article 13 to change uses
Revise Small Day Care Center and Large Day Care Center to Day Care Center
Revise Small Preschool and Large Preschool to Preschool
4. Update Appendix A- Use Table to reflect updated uses, amend Footnote 8 (attached to
this memo)
Update the uses within Appendix A to be consistent with the above changes
Utilize existing Small Day Care Center provision for new Day Care Center use, and
existing Small Preschool provisions for new Preschool use regarding where facilities
are permitted or conditional use.
Amend Footnote 8 to remove the 50% GFA limit for Daycares and Preschools within
the RCO Districts relative to Small Museums
**BEGIN PROPOSED AMENDMENTS**
Changes shown (underline to be added, strike out to be deleted) are proposed changes to the
Burlington Comprehensive Development Ordinance.
Sec. 5.4.1 Small and Large Day Care Centers and Small and Large Preschools
In addition to the provisions of Art 3, Part 5 for conditional uses, and applicable site and design
review standards in Art 6, the following additional regulations shall be applicable to an
application involving a small day care center or, large day care center, small preschool, or large
preschool where such uses are treated as conditional uses pursuant to Appendix A – Use Table:
(a) No playground equipment shall be located within the front yard;
(b) [Reserved]
(c) The site plan review shall insure adequate and safe drop-off and pickup space is provided and
that traffic problems are not created;
(d) Any additions, signage, or site improvements shall be residential in character;
(e) The facility shall be licensed by the State of Vermont;
(f) No more than one residential unit may be converted for the creation of a single small day care
center, large day care center, small preschool, or large preschool. Such a conversion shall be
exempt from the requirements of Article 9, Part 2- Housing Replacement; and,
(g) The neighborhood is not overburdened with other small day care centers, large day care
centers, small preschools, or large preschools.
Sec. 8.1.8 Minimum Parking Requirements
Parking for all uses and structures shall be provided in accordinace with Table 8.1.8-1.
(a) – (c) As written.
Table 8.1.8-1 Minimum Off-Street Parking Requirements
Neighborhood
Districts
Shared Use
Districts
Downtown
Districts
NON-RESIDENTIAL USES Per 1,000 square feet of
gross floor area (gfa) except as noted
**All prior uses As Written**
Daycare - Large (Over 20 children) (per two
(2) employees)
1 plus 1 drop-
off per 5
children
1 plus 1
drop-off per
5 children
2 drop-off0
Daycare - Small (20 children or less) (per
two (2) employees) 1 1 1
School – Preschool Large
(over 20 children) (per two (2) employees
1 plus 1 drop-
off per 5
children
1 plus 1
drop-off per
5 children
1 plus 1 per 5
children0
School – Preschool Small
(up to 20 children) (per two (2) employees 1 1 1
**All following uses As Written**
Sec. 13.1.2 Definitions
All other definitions as written.
Day Care Center: (See Article 5 for specific provisions.)
(a) Family Day Care Home: For the purposes of this ordinance, family day care home shall
have the same meaning as that set forth in 24 V.S.A. sec. 4412 (5).
(b) Small Day Care Center: A state licensed daycare facility. serving no more than twenty (20)
full-time children in total.
(c) Large Day Care Center: A state-licensed facility providing day care services for more
than twenty (20) full-time children.
School: The academic space and accessory uses for the teaching of children or adults.
(a) Primary: elementary school, inclusive of grades K-8.
(b) Secondary: a high school and/or vocational center for attendance after
elementary/primary school, granting a high school diploma for levels of education
inclusive of grades 9-12.
(c) Post-Secondary: after high school, including colleges, community colleges, universities,
or continuing education.
(d) Trade or Professional: a school that offers instruction in skilled trades.
(e) Small Preschool: a school providing educational services for children from 3 years of age
until their admission to first grade and that may include kindergarten., serving no more than
twenty (20) full-time children in total.
(f) Large Preschool: a school providing educational services to children from 3 years of age
until their admission to first grade and that may include kindergarten, for more than twenty
(20) full-time children in total.
**END PROPOSED AMENDMENTS**
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Impact on Safe & Affordable Housing
The proposed amendment has no impact on the provision of safe and affordable housing.
Compatibility with Proposed Future Land Use & Density
The proposed amendment removes arbitrary standards limiting the size of a day care or
preschool facility in an area of the city where these uses are otherwise permitted as a
conditional use. This change is consistent with planBTV policy 14.4 which identifies the need
to “expand the number and quality of spaces available for, and funding sources to support,
child care close to where residents life and work in order to ensure that all Burlington
families have access to these services regardless of income or background.”
Planned Community Facilities
The proposed amendment has no impact on planned community facilities.
Process Overview
The following chart summarizes the current stage in the zoning amendment process, and
identifies any recommended actions:
Planning Commission Process
Draft Amendment
prepared by:
Staff, resident
request
Planning
Commission
Discussion
8/26/2020
Approved for
Public Hearing
8/26/2020
Public Hearing
9/23/2020
Approve &
forward to
Council
Continue
discussion
City Council Process
First Read &
Referral to
Ordinance Cmte
Ordinance
Committee
discussion
Ordinance
Cmte
recommends
to Council
Second Read &
Public Hearing
Approval &
Adoption
Rejected
Excerpt of Appendix A-Use Table for Proposed ZA-21-01
Proposed ZA-21-01 Day Care & Preschool in RCO Districts
Urban
Reserve
Recreation, Conservation & Open
Space Institutional Residential Downtown
Mixed Usei Neighborhood Mixed Use Enterprise
USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
** ** ** ** ** ** ** ** ** ** ** ** ** ** ** **
RESIDENTIAL SPECIAL
USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
** ** ** ** ** ** ** ** ** ** ** ** ** ** ** **
NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
** ** ** ** ** ** ** ** ** ** ** ** ** ** ** **
Daycare - Large
(Over 20 children)
(see Sec. 5.4.1)
N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17,27
Daycare - Small
(up to 20 children)Day Care
Center
(See Sec.5.4.1)
N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17,27
Daycare – Family Home N N N N Y Y Y Y N Y Y Y Y N N
** ** ** ** ** ** ** ** ** ** ** ** ** ** ** **
School – Preschool Large
(over 20 children)
(see Sec. 5.4.1)
N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17,27
School – Preschool Small
(up to 20 children)
(see Sec. 5.4.1)
N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17,27
** ** ** ** ** ** ** ** ** ** ** ** ** ** ** **
Footnotes (1) – (7) As Written.
8. 8. Small daycare Day Care centers and small preschools in the RCO zones shall only be allowed as part ofwhen a small museum is the principal uses. and shall
constitute less than 50% of the gross floor area of the museum.
Footnotes (9) – (32) As Written.
_____________________________________
i For permitted and conditional uses within the Downtown and Waterfront Form Districts, refer to Article 14.
Legend:
Y Permitted Use in this district
CU Conditional Use in this district
N Use not permitted in this district
Abbreviation Zoning District
RCO – A RCO - Agriculture
RCO – RG RCO – Recreation/Greenspace
RCO – C RCO - Conservation
I Institutional
RL/W Residential Low Density, Waterfront Residential Low Density
RM/W Residential Medium Density, Waterfront Residential Medium Density
RH Residential High Density
DW-PT Downtown Waterfront-Public Trust
NMU Neighborhood Mixed Use
NAC Neighborhood Activity Center
NAC-RC NAC – Riverside Corridor
NAC-CR NAC – Cambrian Rise
E-AE Enterprise – Agricultural Processing and Energy
E-LM Enterprise – Light Manufacturing
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, di sability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: Burlington Planning Commission
FROM: Meagan Tuttle, Comprehensive Planner, City Planning
DATE: August 27, 2020
RE: Proposed CDO Amendment: ZA-21-02 Temporary Tents
Overview & Background
During the COVID-19 State of Emergency, since mid-March of this year, the City has established
programs such as the “Making Space” initiative to expand areas of public rights of way available for
restaurant and retail recovery to occur safely, and to adhere to social distancing requirements. This
effort has included the installation of temporary tents, awnings, tables and chairs, parklets, and other
infrastructure to create designated spaces for commercial activity. Many other programs and
establishments have moved their activities outdoors into what is considered a safer environment to
reduce the risk of COVID-19 transmission. As these activities have taken place within public rights of
way, the Burlington CDO has not applied, and a streamlined process for review and approval by the
Department of Public Works has been established.
As we move into the fall and winter months, and particularly as we prepare for the anticipated return
of in-person classes both in the Burlington School District and the higher education institutions, we
expect that temporary outdoor venues will play an even more significant role in the safe and
successful operations of commercial and civic establishments. Through the City’s COVID-19 Analytics
Team, we understand that the Burlington School District, and other childcare and youth
programming providers are planning to utilize outdoor spaces as a complement to their indoor
facilities and programming. Over the summer, the Permitting & Inspections Department has received
zoning permit applications from Burlington City Arts, churches and other establishments in the city
seeking to erect tents on private property where the CDO does apply.
As such, this amendment seeks to amend the zoning ordinance to provide additional flexibility in the
Temporary Structure Provisions to exempt Tents as defined in Chapter 3 of NFPA 101 from requiring
a zoning permit for up to 180 days, contingent upon the Fire Marshal issuance of a temporary tent
permit.
Proposed Amendment
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement
The proposed amendment provides for the placement of structural tents for non-residential
purposes without review or required zoning permit for up to 180 days, provided that the tent is
approved by the Burlington Fire Marshal.
Proposed Amendments
To achieve the goals identified above, the proposed amendment affects the following sections of
the Burlington Comprehensive Development Ordinance:
1. Amend Sec. 5.1.2 (f) Temporary Structures
Add an exemption for Tents from review and required permit for up to 180 days
within any 12-month period.
**BEGIN PROPOSED AMENDMENTS**
Changes shown (underline to be added, strike out to be deleted) are proposed changes to the
Burlington Comprehensive Development Ordinance.
Sec. 5.1.2 Structures
Except as otherwise provided by law or by this ordinance, no structure in any district shall be
created, removed or altered except in conformance with the provisions of this Article and the
requirements of the district in which such land or structure is located.
(a) - (e) As Written.
(f) Temporary Structures:
The administrative officer may approve a temporary structure that is incidental and accessory
to a principal use subject to the following:
No Review or Permit
Required
Site Plan Review: Zoning
Permit & COA
Review as per
Underlying Zoning
A structure placed up to
10 consecutive days or 30
days within any 12-month
period at the same
location.
A structure placed from 11-
31 consecutive days or 31-
60 days within any 12
month period at the same
location.
A structure placed over 31
consecutive days or more
within any 12 month
period at the same
location, is no longer
considered a temporary
structure.
Tents used for
recreational non-
commercial camping
purposes.
Tents as defined in
Chapter 3 of NFPA 101 for
non-residential purposes,
as approved by the
Burlington Fire Marshal,
placed up to 180 days
within any 12-month
period at the same
location.
**END PROPOSED AMENDMENTS**
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Impact on Safe & Affordable Housing
The proposed amendment has no impact on the provision of safe and affordable housing.
Compatibility with Proposed Future Land Use & Density
The proposed amendment has no impact on proposed future land use and densities in
planBTV.
Planned Community Facilities
The proposed amendment has no impact on planned community facilities.
Process Overview
The following chart summarizes the current stage in the zoning amendment process, and
identifies any recommended actions:
Planning Commission Process
Draft Amendment
prepared by:
Staff, resident
request
Planning
Commission
Discussion
8/26/2020
Approved for
Public Hearing
8/26/2020
Public Hearing
9/23/2020
Approve &
forward to
Council
Continue
discussion
City Council Process
First Read &
Referral to
Ordinance Cmte
Ordinance
Committee
discussion
Ordinance
Cmte
recommends
to Council
Second Read &
Public Hearing
Approval &
Adoption
Rejected
11.10.5 Air-Supported and Air-Inflated Structures.
11.10.5.1 General.In addition to the general provisions of
11.10.1, the requirements of 11.10.5 shall apply to air-
supported and air-inflated structures.
11.10.5.2 Pressurization (Inflation) System.The pressuriza-
tion system shall consist of one or more operating blower
units. The system shall include automatic control of auxiliary
blower units to maintain the required operating pressure.
Such equipment shall meet the following requirements:
(1) Blowers shall be powered by continuous-rated motors at
the maximum power required.
(2) Blowers shall have personnel protection, such as inlet
screens and belt guards.
(3) Blower systems shall be weather protected.
(4) Blower systems shall be equipped with backdraft check
dampers.
(5) Not less than two blower units shall be provided, each of
which has capacity to maintain full inflation pressure with
normal leakage.
(6) Blowers shall be designed to be incapable of overpressur-
ization.
(7) The auxiliary blower unit(s) shall operate automatically if
there is any loss of internal pressure or if an operating
blower unit becomes inoperative.
(8) The design inflation pressure and the capacity of each
blower system shall be certified by a professional engineer.
11.10.5.3 Standby Power System.
11.10.5.3.1 Afully automatic standby power system shall be pro-
vided. The system shall be either an auxiliary engine generator
set capable of running the blower system or a supplementary
blowerunitthatissizedfor1timesthenormaloperatingcapacity
and is powered by an internal combustion engine.
11.10.5.3.2 The standby power system shall be fully automatic
to ensure continuous inflation in the event of any failure of
the primary power. The system shall be capable of operating
continuously for a minimum of 4 hours.
11.10.5.3.3 The sizing and capacity of the standby power sys-
tem shall be certified by a professional engineer.
11.10.6 Maintenance and Operation.
11.10.6.1 Instructions in both operation and maintenance
shall be transmitted to the owner by the manufacturer of the
tensioned-membrane, air-supported, or air-inflated structure.
11.10.6.2 Annual inspection and required maintenance of
each structure shall be performed to ensure safety conditions.
At least biennially, the inspection shall be performed by a pro-
fessional engineer, registered architect, or individual certified
by the manufacturer.
11.10.7 Services.
11.10.7.1 Fired Heaters.
11.10.7.1.1 Only labeled heating devices shall be used.
11.10.7.1.2 Fuel-fired heaters and their installation shall be
approved by the authority having jurisdiction.
11.10.7.1.3 Containers for liquefied petroleum gases shall be
installed not less than 60 in. (1525 mm) from any temporary
membrane structure and shall be in accordance with the pro-
visions of NFPA 58,Liquefied Petroleum Gas Code.
11.10.7.1.4 Tanks shall be secured in the upright position
and protected from vehicular traffic.
11.10.7.2 Electric Heaters.
11.10.7.2.1 Only labeled heaters shall be permitted.
11.10.7.2.2 Heatersusedinsideatemporarymembranestruc-
ture shall be approved.
11.10.7.2.3 Heaters shall be connected to electricity by elec-
tric cable that is suitable for outside use and is of sufficient size
to handle the electrical load.
11.11 Tents.
11.11.1 General.
11.11.1.1 The provisions of Section 11.1 shall apply.
11.11.1.2 Tents shall be permitted only on a temporary basis.
11.11.1.3 Tents shall be erected to cover not more than
75 percent of the premises, unless otherwise approved by the
authority having jurisdiction.
11.11.2 Flame Propagation Performance.
11.11.2.1 All tent fabric shall meet the flame propagation per-
formance criteria contained in Test Method 2 of NFPA701,Stan-
dard Methods of Fire Tests for Flame Propagation of Textiles and Films.
11.11.2.2 One of the following shall serve as evidence that the
tent fabric materials have the required flame propagation per-
formance:
(1) The authority having jurisdiction shall require a certifi-
cate or other evidence of acceptance by an organization
acceptable to the authority having jurisdiction.
(2) The authority having jurisdiction shall require a report of
tests made by other inspection authorities or organiza-
tions acceptable to the authority having jurisdiction.
11.11.2.3 Where required by the authority having jurisdic-
tion, confirmatory field tests shall be conducted using test
specimens from the original material, which shall have been
affixed at the time of manufacture to the exterior of the tent.
11.11.3 Location and Spacing.
11.11.3.1 There shall be a minimum of 10 ft (3050 mm)
between stake lines.
11.11.3.2 Adjacent tents shall be spaced to provide an area to
be used as a means of emergency egress. Where 10 ft
(3050 mm) between stake lines does not meet the require-
ments for means of egress, the distance necessary for means of
egress shall govern.
11.11.3.3 Tents not occupied by the public and not used for
the storage of combustible material shall be permitted to be
erected less than 10 ft (3050 mm) from other structures where
the authority having jurisdiction deems such close spacing to
be safe from hazard to the public.
11.11.3.4 Tents, each not exceeding 1200 ft
2 (112 m
2) in fin-
ished ground level area and located in fairgrounds or similar
open spaces, shall not be required to be separated from each
other, provided that safety precautions meet the approval of
the authority having jurisdiction.
11.11.3.5 The placement of tents relative to other structures
shallbeatthediscretionoftheauthorityhavingjurisdiction,with
consideration given to occupancy, use, opening, exposure, and
other similar factors.
101–118 LIFE SAFETY CODE
2015 Edition
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EB95026C-F52B-4C1A-B00C-3EB3597D61DD
3.3.262 Specification.
3.3.262.1*Design Specification.A building characteristic
and other conditions that are under the control of the de-
sign team. (SAF-FUN)
3.3.262.2 Input Data Specification.Information required
by the verification method. (SAF-FUN)
3.3.263 Staff (Residential Board and Care).Persons who pro-
vide personal care services, supervision, or assistance. (SAF-BCF)
3.3.264 Stage.A space within a building used for entertain-
ment and utilizing drops or scenery or other stage effects.
(SAF-AXM)
3.3.264.1 Legitimate Stage.A stage with a height greater
than 50 ft (15 m) measured from the lowest point on the
stage floor to the highest point of the roof or floor deck
above. (SAF-AXM)
3.3.264.2 RegularStage.Astagewithaheightof50ft(15m)
or less measured from the lowest point on the stage floor to
the highest point of the roof or floor deck above. (SAF-AXM)
3.3.265*Stair.
3.3.265.1 Aisle Stair.A stair within a seating area of an
assembly occupancy that directly serves rows of seats to the
side of the stair, including transition stairs that connect to
an aisle or a landing. (SAF-AXM)
3.3.265.2 Outside Stair.A stair with not less than one side
open to the outer air. (SAF-MEA)
3.3.266 Stakeholder.An individual, or representative of
same, having an interest in the successful completion of a
project. (SAF-FUN)
3.3.267 Storage Occupancy.See 3.3.190.15.
3.3.268*Stories in Height.The story count starting with the
level of exit discharge and ending with the highest occupiable
story containing the occupancy considered. (SAF-FUN)
3.3.269*Story.Theportionofabuildinglocatedbetweenthe
upper surface of a floor and the upper surface of the floor or
roof next above. (SAF-FUN)
3.3.269.1 Occupiable Story.A story occupied by people on
a regular basis. (SAF-FUN)
3.3.270 Street.A public thoroughfare that has been dedi-
cated for vehicular use by the public and can be used for ac-
cess by fire department vehicles. (SAF-MEA)
3.3.271* Street Floor.Astory or floor level accessible from the
street or from outside the building at the finished ground
level, with the floor level at the main entrance located not
more than three risers above or below the finished ground
level, and arranged and utilized to qualify as the main floor.
(SAF-MER)
3.3.272*Structure.That which is built or constructed. (SAF-
FUN)
3.3.272.1 Air-Inflated Structure.A structure whose shape is
maintained by air pressure in cells or tubes forming all or
part of the enclosure of the usable area and in which the
occupants are not within the pressurized area used to sup-
port the structure. (SAF-IND)
3.3.272.2*Air-SupportedStructure.Astructurewhereshape
is maintained by air pressure and in which occupants are
within the elevated pressure area. (SAF-IND)
3.3.272.3 Limited Access Structure.A structure or portion
of a structure lacking emergency openings. (SAF-IND)
3.3.272.4 Membrane Structure.A building or portion of a
building incorporating an air-inflated, air-supported,
tensioned-membrane structure; a membrane roof; or a
membrane-covered rigid frame to protect habitable or us-
able space. (SAF-IND)
3.3.272.5 Multilevel Play Structure.A structure that con-
sists of tubes, slides, crawling areas, and jumping areas that
is located within a building and is used for climbing and
entertainment, generally by children. (SAF-AXM)
3.3.272.6*Open Structure.Astructure that supports equip-
ment and operations not enclosed within building walls.
(SAF-IND)
3.3.272.7*Parking Structure.A building, structure, or por-
tion thereof used for the parking, storage, or both, of mo-
tor vehicles. [88A,2015] (SAF-IND)
3.3.272.7.1 Assisted Mechanical Type Parking Structure.A
parkingstructurethatusesliftsorothermechanicaldevicesto
transport vehicles to the floors of a parking structure, where
the vehicles are then parked by a person. [88A,2015] (SAF-
IND)
3.3.272.7.2 Automated Type Parking Structure.A parking
structure that uses computer controlled machines to store
and retrieve vehicles, without drivers, in multi-level storage
racks with no floors.[88A,2015] (SAF-IND)
3.3.272.7.3 Enclosed Parking Structure.Any parking struc-
ture that is not an open parking structure. [88A,2015]
(SAF-IND)
3.3.272.7.4 Open Parking Structure.A parking structure
that meets the requirements of 42.8.1.3 (SAF-IND).
3.3.272.7.5 Ramp Type Parking Structure.A parking struc-
ture that utilizes sloped floors for vertical vehicle circula-
tion. [88A,2015] (SAF-IND)
3.3.272.8 Permanent Structure.Abuilding or structure that
is intended to remain in place for a period of more than
180 days in any consecutive 12-month period. (SAF-FUN)
3.3.272.9 Temporary Structure.Abuilding or structure not
meeting the definition of permanent structure. (See also
3.3.272.8, Permanent Structure.)(SAF-FUN)
3.3.272.10 Tensioned-Membrane Structure.A membrane
structure incorporating a membrane and a structural support
system such as arches, columns and cables, or beams wherein
the stresses developed in the tensioned membrane interact
withthoseinthestructuralsupportsothattheentireassembly
acts together to resist the applied loads. (SAF-IND)
3.3.272.11*Underground Structure.A structure or portions
of a structure in which the floor level is below the level of
exit discharge. (SAF-IND)
3.3.272.12 Water-Surrounded Structure.A structure fully
surrounded by water. (SAF-IND)
3.3.273 Suite.
3.3.273.1 Guest Suite.An accommodation with two or
more contiguous rooms comprising a compartment, with
or without doors between such rooms, that provides living,
sleeping, sanitary, and storage facilities. (SAF-RES)
101–36 LIFE SAFETY CODE
2015 Edition
Copyright 2017 National Fire Protection Association (NFPA®). Licensed, by agreement, for individual use and download on 12/04/2017 to BARRY SIMAYS for designated user Burlington Fire Department. No other reproduction
or transmission in any form permitted without written permission of NFPA®. For inquiries or to report unauthorized use, contact licensing@nfpa.org. This NFCSS All Access subscription expires on August 4, 2018.
EB95026C-F52B-4C1A-B00C-3EB3597D61DD
3.3.273.2 Non-Patient-Care Suite (Heath Care Occupancies).A
suite within a health care occupancy that is not intended
for sleeping or treating patients. (SAF-HEA)
3.3.273.3 Patient Care Non-Sleeping Suite (Health Care Occu-
pancies).A suite for treating patients with or without pa-
tient beds not intended for overnight sleeping. (SAF-HEA)
3.3.273.4 Patient Care Sleeping Suite (Health Care Occupan-
cies).A suite containing one or more patient beds in-
tended for overnight sleeping. (SAF-HEA)
3.3.273.5 Patient Care Suite (Health Care Occupancies).A
series of rooms or spaces or a subdivided room separated
from the remainder of the building by walls and doors.
(SAF-HEA)
3.3.274 System.
3.3.274.1 Elevator Evacuation System.A system, including a
verticalseriesofelevatorlobbiesandassociatedelevatorlobby
doors, an elevator shaft(s), and a machine room(s), that pro-
vides protection from fire effects for elevator passengers,
people waiting to use elevators, and elevator equipment so
that elevators can be used safely for egress. (SAF-MEA)
3.3.274.2 Site-Fabricated Stretch System.A system, fabri-
cated on-site, and intended for acoustical, tackable, or aes-
thetic purposes, that is comprised of three elements: (1) a
frame (constructed of plastic, wood, metal, or other mate-
rial) used to hold fabric in place, (2) a core material (infill,
with the correct properties for the application), and (3) an
outside layer, comprised of a textile, fabric, or vinyl, that is
stretched taut and held in place by tension or mechanical
fasteners via the frame. (SAF-INT)
3.3.275 Technically Infeasible.A change to a building that
has little likelihood of being accomplished because the exist-
ing structural conditions require the removal or alteration of a
load-bearing member that is an essential part of the structural
frame, or because other existing physical or site constraints
prohibit modification or addition of elements, spaces, or fea-
tures that are in full and strict compliance with applicable
requirements. (SAF-FUN)
3.3.276 Temporary Platform.See 3.3.211.1.
3.3.277 Temporary Structure.See 3.3.272.9.
3.3.278 Tensioned-Membrane Structure.See 3.3.272.10.
3.3.279*Tent.Atemporarystructure,thecoveringofwhichis
made of pliable material that achieves its support by mechani-
cal means such as beams, columns, poles, or arches, or by rope
or cables, or both. (SAF-IND)
3.3.279.1 Private Party Tent.Atent erected in the yard of a
private residence for entertainment, recreation, dining, a
reception, or similar function. (SAF-AXM)
3.3.280 Thermal Barrier.See 3.3.31.3.
3.3.281 Tower.An enclosed independent structure or por-
tion of a building with elevated levels for support of equip-
ment or occupied for observation, control, operation, signal-
ing, or similar limited use. (SAF-IND)
3.3.281.1 Air Traffic Control Tower.An enclosed structure or
buildingatairportswithelevatedlevelsforsupportofequipment
and occupied for observation, control, operation, and signaling
of aircraft in flight and on the ground. (SAF-IND)
3.3.282 Two-Family Dwelling Unit.See 3.3.66.3.
3.3.283 Uncertainty Analysis.See 3.3.17.2.
3.3.284 Underground Structure.See 3.3.272.11.
3.3.285 Verification Method.A procedure or process used to
demonstrate or confirm that the proposed design meets the
specified criteria. (SAF-FUN)
3.3.286* Vertical Opening.An opening through a floor or
roof. (SAF-FIR)
3.3.287 Vomitory.An entrance to a means of egress from an
assembly seating area that pierces the seating rows. (SAF-AXM)
3.3.288 Wall.
3.3.288.1 Fire Barrier Wall.A wall, other than a fire wall,
that has a fire resistance rating. (SAF-FIR)
3.3.288.2 Proscenium Wall.The wall that separates the
stage from the auditorium or house. (SAF-AXM)
3.3.289* Wall or Ceiling Covering.A textile-, paper-, or
polymeric-based product designed to be attached to a wall or
ceiling surface for decorative or acoustical purposes. (SAF-INT)
3.3.290 Water-Surrounded Structure.See 3.3.272.12.
3.3.291 Weathered-Membrane Material.See 3.3.171.5.
3.3.292 Yard.An open, unoccupied space other than a court,
unobstructed from the finished ground level to the sky on the
lot on which a building is situated. (SAF-MEA)
Chapter 4 General
4.1* Goals.
4.1.1* Fire.Agoal of this Code is to provide an environment for
the occupants that is reasonably safe from fire by the following
means:
(1)*Protection of occupants not intimate with the initial fire
development
(2) Improvement of the survivability of occupants intimate
with the initial fire development
4.1.2* Comparable Emergencies.An additional goal is to pro-
vide life safety during emergencies that can be mitigated using
methods comparable to those used in case of fire.
4.1.3* Crowd Movement.An additional goal is to provide for
reasonably safe emergency crowd movement and, where re-
quired, reasonably safe nonemergency crowd movement.
4.2 Objectives.
4.2.1 Occupant Protection.A structure shall be designed,
constructed, and maintained to protect occupants who are
not intimate with the initial fire development for the time
needed to evacuate, relocate, or defend in place.
4.2.2 Structural Integrity.Structural integrity shall be main-
tained for the time needed to evacuate, relocate, or defend in
place occupants who are not intimate with the initial fire de-
velopment.
4.2.3 Systems Effectiveness.Systems utilized to achieve the
goals of Section 4.1 shall be effective in mitigating the hazard
or condition for which they are being used, shall be reliable,
shall be maintained to the level at which they were designed to
operate, and shall remain operational.
101–37GENERAL
2015 Edition
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EB95026C-F52B-4C1A-B00C-3EB3597D61DD
Williston Unified Development Bylaw Amendments - Parking, Watershed Protection Buffers, “Cleanup” 1 | P a g e
October 1, 2020
Memorandum
TO:
Vermont Department of Housing and
Community Development
Chittenden County Regional Planning
Commission
City of South Burlington Planning Commission
Town of Essex Planning Commission
Town of Hinesburg Planning Commission
Town of Jericho Planning Commission
Town of Richmond Planning Commission
Town of Shelburne Planning Commission
Town of St. George Planning Commission
Village of Essex Junction Planning Commission
FROM: Matt Boulanger, AICP, Planning Director
DATE: October 2, 2020
SUBJECT: Town of Williston Unified Development Bylaw – proposal to amend the following
chapters:
Chapter 29 Watershed Health
1-2 line description
Chapter 14 Parking
1-2 line description
Chapters 1-46 and Appendices A-I
1-2 line description
The Town of Williston is considering revising the portions of its development regulations related to
parking requirements and watershed protection buffers. In addition to policy changes in these two areas
of the bylaw, the Town is also considering changes throughout the document to correct errors and
omissions, incorrect citations, and to add clarifying language to some existing policies.
The Williston Planning Commission will hold a public hearing to consider the proposed amendments to
the Williston Unified Development Bylaw on Tuesday, October 20, 2020 at 7:00 PM via a Zoom meeting
(Meeting ID 158-006-871 on zoom.us/join or 1-646-558-8656). Public comment at this hearing is welcomed
and encouraged.
The proposed amendments to the Town’s Unified Development Bylaw are intended to reduce parking
requirements and encourage shared parking wherever possible and to address nonconformities on
currently developed properties within the Town’s watershed protection buffers. Proposed changes
include:
Parking
• Reduce parking minimums by 20%.
Williston Unified Development Bylaw Amendments - Parking, Watershed Protection Buffers, “Cleanup” 2 | P a g e
October 1, 2020
• Reduce parking requirements for Accessory Dwelling Units and multifamily residential
developments
• Allow further reduction in parking minimums through shared parking arrangements as well as
the use of a new shared parking tool.
Watershed Protection Buffers
• Amend the watershed protection buffer regulations (WDB 29) to allow flexibility for
existing nonconforming residential properties that were constructed prior to the 2009
adoption of watershed protection standards
Additional information can be obtained by contacting Matt Boulanger, Director of Planning at the
Williston Planning Office by calling (802) 878-6704, or by email to mboulanger@willistonvt.org .
Attachments: Planning Commission Reporting Form for Municipal Bylaw Amendments
Copy of Public Notice
Williston Unified Development Bylaw Document with Proposed Changes
Williston Unified Development Bylaw Amendments - Parking, Watershed Protection Buffers, “Cleanup” 3 | P a g e
October 1, 2020
Town of Williston, Vermont
7900 Williston Road
Williston, VT 05495
Planning Commission Reporting Form
for Municipal Bylaw Amendments
The Town of Williston, Vermont is proposing changes to the town’s development regulations contained
in the Williston Unified Development Bylaw. This report summarizes the proposed changes to the
chapters of the Unified Development Bylaw being considered.
This report is in accordance with 24 V.S.A. §4441 (c) which states:
“When considering an amendment to a bylaw, the planning commission shall prepare and
approve a written report on the proposal. A single report may be prepared so as to satisfy the
requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this
title concerning plan amendments.…. The report shall provide (:)
a) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of
purpose as required for notice under section §4444 of this title,
The Town of Williston is considering revising the portions of its development regulations related to
parking requirements and watershed protection buffers. In addition to policy changes in these two areas
of the bylaw, the Town is also considering changes throughout the document to correct errors and
omissions, incorrect citations, and to add clarifying language to some existing policies. These changes
will:
• Amend the watershed protection buffer regulations (WDB 29) to allow flexibility for
existing nonconforming residential properties that were constructed prior to the 2009
adoption of watershed protection standards
• Amend the parking standards (WDB 14) to 1) allow flexibility for new and redeveloping
properties to minimize the area devoted to surface parking while still ensuring that
there is a reasonable supply of parking, 2) encourage shared parking, and 3) and provide
clarity around bicycle parking and end-of-trip facility requirements
• Correct typographical errors and incorrect citations, as well as provide clarity to existing
standards and definitions contained in WDB 1-46
b) and shall include findings regarding how the proposal:
1. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing:
1. Objective 4.2.3 of the Williston 2016-2024 Comprehensive Plan calls for the Town of
Williston to:
Williston Unified Development Bylaw Amendments - Parking, Watershed Protection Buffers, “Cleanup” 4 | P a g e
October 1, 2020
“Minimize the Surface Area Devoted to Parking. The town will continue to require
adequate parking and to require shared parking where feasible to create “park once”
conditions in the growth center. The “park once” concept requires a system that allows
people to park their car once and circulate throughout the business district through a
network of interconnected walking paths or transit. For both design and water quality
reasons, the town will limit the number of spaces to no more than the number required.
The town will also consider reducing or eliminating parking minimums.“
2. Policy 3.7.1, Refine Watershed Protection Buffers to Address Nonconforming
Development, states:
“There are a number of existing houses built prior to the town’s current development
regulations that were built within what are now watershed protections areas or buffers.
The town currently does not have a mechanism for allowing any flexibility for these
properties to have any additional development on a limited basis. The town shall
consider amending its current regulations to try to accommodate some of these
properties.”
2. Is compatible with the proposed future land uses and densities of the municipal plan:
The proposed changes do not alter any of the allowed uses of land or densities in the
Unified Development Bylaw. The reduced parking requirements proposed may help
property owners achieve the desired residential densities and provision of housing through
accessory dwelling units as called for in the 2017 Williston Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
This is not applicable, these bylaw sections do not call for the construction of any
community facilities.
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October 1, 2020
Certification of Service
Vermont Agency of Commerce and Community Development
One National Life Drive
Deane C. Davis Building, 6th Floor
Montpelier, VT 05620-0501
Chittenden County Regional Planning Commission
110 West Canal Street, #202
Winooski, VT 05404
City of South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
Town of Essex Planning Commission
81 Main Street
Essex Junction, VT 05452
Town of Hinesburg Planning Commission
10632 Route 116
Hinesburg, VT 05461
Town of Jericho Planning Commission
P O Box 39
Jericho, VT 05465
Town of Richmond Planning Commission
P O Box 285
Richmond, VT 05477
Town of Shelburne Planning Commission
P O Box 88
5420 Shelburne Road
Shelburne, VT 05482
Town of St. George Planning Commission
1 Barber Road,
St. George, VT 05495
Village of Essex Junction Planning Commission
2 Lincoln St.
Essex Junction, VT 05452
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October 1, 2020
Notice of Public Hearing
TOWN OF WILLISTON
October 20, 2020, 7:00 PM
To participate: zoom.us/join or call (646) 558-8656
Zoom Meeting ID 158 006 871
The Williston Planning Commission will hold a public hearing to consider amendments to the
Williston Unified Development Bylaw on October 20, 2020 at 7:00 PM. The public hearing will
be held virtually on Zoom. Public comment at this hearing is welcomed and encouraged.
The proposed amendments to the town’s Unified Development Bylaw include:
• Amend the watershed protection buffer regulations (WDB 29) to allow flexibility for
existing nonconforming residential properties that were constructed prior to the 2009
adoption of watershed protection standards
• Amend the parking standards (WDB 14) to 1) allow flexibility for new and redeveloping
properties to minimize the area devoted to surface parking while still ensuring that
there is a reasonable supply of parking, 2) encourage shared parking, and 3) and provide
clarity around bicycle parking and end-of-trip facility requirements
• General clean up to correct typographical errors and incorrect citations, as well as
provide clarity to existing standards and definitions
View the proposed changes online: http://bit.ly/willistonbylaw2020
Contact Matt Boulanger at the Williston Planning Office at (802) 878-6704 or
mboulanger@willistonvt.org for additional information.
Williston Unified Development Bylaw Amendments - Parking, Watershed Protection Buffers, “Cleanup” 7 | P a g e
October 1, 2020
Town of Williston, Vermont
7900 Williston Road
Williston, VT 05495
Planning Commission Reporting Form
for Municipal Bylaw Amendments
The Town of Williston, Vermont is proposing changes to the town’s development regulations contained
in the Williston Unified Development Bylaw. This report summarizes the proposed changes to the
chapters of the Unified Development Bylaw being considered.
This report is in accordance with 24 V.S.A. §4441 (c) which states:
“When considering an amendment to a bylaw, the planning commission shall prepare and
approve a written report on the proposal. A single report may be prepared so as to satisfy the
requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this
title concerning plan amendments.…. The report shall provide (:)
c) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of
purpose as required for notice under section §4444 of this title,
The proposed amendments to the Town’s Unified Development Bylaw are intended to focus the
collection and expenditure of Town Transportation Impact fees on Town projects that will reduce the
congestion that will otherwise be created by new development. Changes include:
• Raising the fee from $700.00 per PM Peak Hour Vehicle Trip to $2000.00 per PM Peak-Hour
Vehicle Trip.
• Exempting units that will be perpetually affordable at 80% of the area median Income from the
requirement to pay a transportation impact fee.
• Exempting new child care facilities from the requirement to pay the fee.
• Clarifying how developments that have constructed or contributed to the construction of impact
fee projects will eb able to credit that construction or contribution against impact fee liability.
d) and shall include findings regarding how the proposal:
2. Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing:
4. Objective 14.1 of the Williston 2016-2024 Comprehensive Plan calls for the Town of
Williston to:
“revise its bylaws to be consistent with the policies adopted in this plan. These revisions
will take the form of a unified development bylaw. These proposed changes will help
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October 1, 2020
ensure that the town’s development regulations are consistent with this recently
adopted version of the town’s comprehensive plan.”
5. Policy 6.6.2, Monitor and Evaluate the Transportation Impact Fee, states:
“Williston has charged transportation impact fees since 1987, raising more than $2
million. The current impact fee of $700 per peak hour trip end was updated in 2008. The
town will monitor and evaluate the effectiveness of the impact fee program and
consider revising it to reflect current costs and match the priorities for improvements
adopted in this plan.”
6. The revised fee contains specific exemptions from the fee for perpetually-affordable
housing units.
2. Is compatible with the proposed future land uses and densities of the municipal plan:
The revised list of transportation improvements upon which impact fee monies may be
spent is focused on the construction of or improvements to the grid street network in the
Town’s state-designated Growth Center at Taft Corners, along with some funds to
encourage the development of a multi-use path connecting Williston Village Designated
Village Center to the Growth Center, in keeping with the land use goals of the 2016 Williston
Comprehensive Plan and the 2018 amendment to that plan, the Williston Village Master
Plan.
7. Carries out, as applicable, any specific proposals for any planned community facilities.
The list of impact fee projects is taken directly from policy goals and projects outlined in
section 6.4 of the Williston Comprehensive Plan, with a heavy focus on projects the Town
will be responsible for constructing.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
22 SEPTEMBER 2020
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 22 September 2020, at
7:00 p.m., via Go to Meeting remote technology.
MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. Macdonald, P.
Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. & A. Long, D. Long, C. Trombley, V.
Bolduc, M. Abrams, S. Dooley, J. Weith
1. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
2. Open to the public for items not related to the Agenda:
Mr. Abrams expressed concern with development projects in his neighborhood and asked that they be
stopped until there is a change in the regulations that would grandfather long-standing neighborhoods.
Mr. Conner explained that once a Preliminary Plat has been submitted, that project can proceed under
the rules then in effect. There is no action that Planning Commission can take to go backwards. The
Planning Commission can consider potential future projects. Mr. Abrams requested that his proposal be
considered as soon as possible so that people are not being blind-sided.
3. Planning Commissioner announcements and staff report:
Mr. Conner advised that the City Council received an update on the I-89 Corridor Study. There was also
a presentation from the South Burlington Land Trust regarding using sewer capacity to control
development as well as a presentation from the Energy Committee.
4. Work Session on Land Development Regulation Amendments:
a. Environmental Protection Standards in PUDs
b. Continued review of Forested habitat Block applicability
Mr. Conner reviewed the history and noted the Commission is bringing together conservation and
development standards (i.e., how standards would apply in a subdivision). Tonight’s focus is on
Conservation PUDs and possible decisions the Commission is ready to make.
Mr. Conner noted that in considering site plans and zoning permits, the standards in Articles 10 and 12
would apply. The regulations try to give more guidance as to what a developer needs to present up
front.
2
Mr. Mittag questioned the merging of Level 1 and Level 2 resources. Mr. Conner said the feedback from
the Commission was that all resources should be regulated. There are still distinctions between Level 1
and Level 2 for density calculations.
Mr. Mittag noted that the FEMA map has indicated a 500 year flood plain from the Golf Course to
Shelburne Bay, and he felt this should be a Level 1. Mr. Conner noted that the only limitation in the
current regulations for a 500 year flood plain is that critical facilities (e.g., jails, hospitals, day cares)
cannot be put there. Mr. Riehle asked how often that particular land has flooded. Mr. Conner said 500
year flood plains did flood elsewhere in the State but not in South Burlington. Mr. Gagnon said that
with greater frequency of rain events, it may be more proactive to add more restrictions to the 500 year
flood plain. He felt it would be interesting to see what is left to develop there. Mr. Conner said he can
come back with information on that.
After a brief discussion members agreed to separate levels 1 and 2.
With regard to Subdivision and TND/NCD PUDs, the standards for Articles 10 and 12 would apply. Newly
created lot would need to be arranged to exclude hazards, etc. In a standards subdivision, the buildable
area would house the minimum civic space and would be the area of land from which the parcel based
density is calculated.
Mr. Gagnon said he thought they were going to differentiate how habitat block core areas and edges
were dealt with. Mr. Conner said he didn’t want to do that until there is further discussion. Mr. Mittag
suggested using the term “habitat block buffer.” Mr. Conner said noted that in the Arrowwood map
“edge” represents 300 feet from the Interstate, etc. He felt they need a better word. Ms. Ostby said
there may be some edges that are important, others that might be questioned. She felt they would
need to go into great detail.
Mr. Gagnon said there are some invasive species that should be taken out. He didn’t want to regulate
300 feet of invasives. Mr. Conner said the challenge is that this is a policy based tool, and there is an
opportunity for 2 experts to disagree. Ms. Ostby said that if a landowner can demonstrate that what the
map says is inaccurate, the landowner should have the right to go through a verification process. If the
landowner turns out to be right, there shouldn’t have to be an alternate plan made. Mr. Conner said
that where there is a lack of clarity, the applicant has the right to proceed. It would have to be very
clear where the lines are. Ms. Ostby suggested offering landowners some time to challenge where lines
are drawn. Mr. Gagnon said as an alternative they could do that during a development plan. He
suggested the possibility of a “guidance manual” with input from stakeholders.
Mr. Gagnon noted that Arrowwood admitted that a lot of their lines were drawn from a vehicle, not
from work on the ground. He felt there needs to be as solid justification as possible with the lines the
Commission draws. Mr. MacDonald agreed.
Mr. Bolduc noted that he agreed with the direction of this conversation. He said that in the Open Space
Committee, they were reminded how quickly lines can change, partly because of invasive species. The
Audubon Society wants to get rid of the invasives. Mr. Bolduc stressed that if the Commission is
3
planning for 10 years, the lines could look much different 10 years down the road. He said there has to
be a process to recognize that some of the lines are “very soft.”
Mr. Mittag said they have to work with what is there now. Mr. Gagnon said they need verification as
well so an owner can challenge a line that is drawn. He then adde4d that they need to see what they
can do to improve on Arrowwood when there is no scientific verification.
Members then considered Conservation PUDs. Mr. Conner presented 2 options to consider:
Option 1: A minimum percentage (e.g. 70%) of the total area of property must be set aside as conserved
space. Conserved land would include hazards and Level 1 and Level 2 resources that are needed to
reach the minimum percentage. If hazards are less than 70% of the property, the applicant must assign
at least the minimum percentage of land from Level1/Level2 resources as conservation land. The
applicant and DRB are guided based on a priority order. Regulations could include incentives to
conserve additional land as well in exchange for additional density on the non-conserved land. If
hazards are more than 70% of the property, then all hazard areas must be conserved. Standards would
allow for the balance of land to be treated as “buildable land” with guidance to the applicant and DRB as
to how to manage development.
Option 2: Instead of requiring the conservation of 70% of the total area of the parcel, hazards could be
separated from Level1/Level 2 resources. All hazards must be set aside and conserved. A minimum
percentage of the identified Level1/Level2 resources would also be required to be set aside.
Mr. Gagnon liked the Option 1 approach. Ms. Ostby agreed but felt that as the acreage increased, the
percentage should be 80% instead of 70%. Mr. Conner said that for a very large property, it would be
beneficial to the applicant to do a TND for the developable area instead of a conservation PUD. In some
communities, there is a requirement to be a Conservation PUD. Staff is recommending an option as
there is not much downside to that.
Ms. Ostby asked for some consideration to have someone look at habitat blocks so critical parts are
protected. Mr. Conner said the DRB can be given guidance as to priorities for what can be built on.
Ms. Louisos cited the importance of connectors and felt that shouldn’t be lost. Ms. Ostby said she
would rank habitat block edge higher than Class 3 wetland buffers.
Mr. Conner said he is hearing a preference for Option 1. Regarding density with that option, there are
possible options:
a. The same amount of development as allowed today
b. Allow full transfer of density from conserved Level1/Level2 land within the parcel to the
buildable area
c. Allow partial transfer of density from hazards and full transfer of Level1/Level 2 to the buildable
area
d. Transfer of Level 2 land first; if that is not enough, some of Level 1
4
Mr. Gagnon said he liked Option “b.” Mr. Macdonald liked Option “c” to incentivize more. If someone
goes beyond, they should be rewarded. Ms. Ostby favored letting people build more densely if they
conserved the rest of the land.
Mr. Gagnon said an applicant could decide between a TND and a Conservation PUD and go with the
standards that apply to that option.
Members generally supported Option 1 and Option “b” with some additional discussion.
Mr. Conner suggested a special Commission meeting next week to get into the other items on the
agenda. Members agreed.
5. Continue review of amendment to permit an increase in lot/building coverage within the
Urban Design Overlay District:
Mr. Conner outlined possible options in addition to the previously discussed park option if the Board
chooses to allow the additional lot coverage requested by Mr. Shearer:
a. A payment to the open space fund in an amount to be determined based on the assessed value
of the land
b. Use of TDRs – this would be a pilot program. The sending areas would be the same as if
transferring a residential unit. The recipient would get a certain number of additional square
feet of lot coverage. This could apply at first in one area and see how it works, then consider it
city-wide.
c. A small park on the property or on a nearby property.
Ms. Ostby favored doing the TDR version to help the TDR marketplace.
Mr. Gagnon favored keeping it simple with a payment.
Mr. Macdonald was OK with the payment method but favored the TDRs to create more of a market.
Mr. Mittag noted the timing issue for Mr. Shearer and felt the buyout would be much quicker for him,
but he also wanted to leave the TDR route on the table. Mr. Riehle also noted that Mr. Shearer has
been waiting a long time and didn’t want to hold him up longer. Ms. Louisos and Mr. Gagnon also
agreed to keep the TDR route as an option. Mr. MacDonald suggested offering an option but making
the TDR more appealing by making the payment higher.
Mr. Conner noted there is leg work and legal work with the TDR method.
5
Mr. Weith spoke on Mr. Shearer’s behalf and said his preference is to keep it as simple and affordable as
possible, possibly a menu of options so people can use what works best for them.
He suggested options such as the park, TDR and payment in lieu and maybe even enhanced
beautification of the property. He said every property is different, and these are areas where the City
wants growth. Payment in lieu is simpler and more predictable. With TDRs you don’t know the cost
down the road.
In a straw poll, Mr. Gagnon and Mr. Macdonald favored leaving all the options. Mr. Mittag favored two
options with the buyout and TDRs. Ms. Ostby and Mr. Engels favored only the TDR. Ms. Louisos favored
the TDRs and park options. Other members said they could support that.
6. Meeting Minutes of 25 August 2020:
Mr. Gagnon moved to approve the Minutes of 25 August as written. Mr. Macdonald seconded. Motion
passed unanimously.
7. Other Business:
a. Shelburne Planning Commission public hearing on proposed amendments to Zoning
Bylaw, October 8, 2020:
No action was taken on this item.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:40 p.m.
___________________________________
Clerk