HomeMy WebLinkAboutAgenda - Planning Commission - 03/22/2022 (2)South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, March 22, 2022
City Hall, 180 Market Street, Auditorium
7:00 pm
Members of the public may attend in person or digitally via GoToMeeting. Participation Options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://zoom.us/j/99937091885
• Telephone: 1 929 205 6099; Meeting ID: 999 3709 1885
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 (7:05 pm)
4. Commissioners’ Reports from Committees (7:10 pm)
5. *Public Hearing on Draft Amendments to the Land Development Regulations
6. Commission review of feedback, possible changes to draft, and possible action to approve and submit the
draft Amendments and Planning Commission Report to City Council
7. *Update on Work Plan Status
8. *Initial policy discussion on TDR updates
9. *Meeting Minutes (8:50 pm):
10. *Other Business (8:55 pm)
a. Shelburne Planning Commission public hearing on proposed amendments to Zoning Bylaw and
Subdivision Regulations, Thursday, April 14, 7:00 pm
b. Winooski Planning Commission public hearing on proposed amendments to Unified Land Use and
Development Regulations, Thursday, April 14, 6:30 pm
11. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP Kelsey Peterson
Director of Planning & Zoning City Planner
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure
that everyone has a chance to speak and that meetings proceed smoothly.
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commenting will have their video on.
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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.
4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence.
To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally
state your interest in commenting, or type a message in the chat.
5. Once recognized by the Chair, please identify yourself to the Commission.
6. 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 to complete the agenda.
7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others
when they are speaking.
8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications
of support are most efficiently added to the chat.
9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other
participants to address the Commission before addressing the Commission for a second time.
10. 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
influence public opinion on the matter.
11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written
comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings.
Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email
submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and
Chair at jlouisos@sburl.com.
12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to
the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as
this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice-
Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat
messages will be part of the official meeting minutes.
13. In general discussions will follow the order presented in the agenda or as modified by the Commission.
14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help
guide participants.
15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a
guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in
the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the
agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning;
Kelsey Peterson, City Planner
SUBJECT: Planning Commission Meeting Memo
DATE: March 22, 2022 Planning Commission meeting
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 (7:05 pm)
• The City Manager and City’s Staff Leadership Team met with the South Burlington Business
Association to give members and update on the city budget, work, and recent development.
• With support from the CCRPC, we have launched an update interactive map viewer displaying the
various elements of the recently-adopted Environmental Protection Standards within the Land
Development Regulations
• The Development Review Board this past week issued approval for a new building at the former
Kagel’s Citgo site on Shelburne Road. The property owners had received approval last year for a 2.5 -
story commercial building; this updated application is 4 stories and incorporates two stories of
commercial use and two stories of residential use (9 dwelling units), parking, site amenities, and
landscaping
4. Commissioners’ Reports from Committees (7:10 pm)
5. *Public Hearing on Draft Amendments to the Land Development Regulations
This is the public hearing on four amendments to the LDRS:
• LDR-22-01: Establishing a General Planned Unit Development Type for new PUDs in areas where
Traditional Neighborhood and Conservation PUD are not eligible, and for and amendments to existing
PUDs
• LDR-22-02: Establishing Site Amenity requirements for new development, expansions, or residential
conversions subject to site plan review; add additional allowable Site Amenity types, and allow partial
credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic spaces & parks
• LDR-22-03: Augmenting Site Plan review standards of Relationship of Structures to the Site, and of
Relationship of Structures and Site and to Adjoining Area.
• LDR-22-04: Minor and technical amendments, including adjusting Master Plan applicability for single-
user lots and definitions updates and corrections
The changes to the LDRs have been included as redline documents in this packet and with additional
comments from Staff explaining a few technical corrections that have occurred since the Planning Commission
2
last reviewed the relevant sections. These corrections are included in 11B Civic Space and Site Amenities table,
Article 14 Site Plan, and Article 15.C.07 General PUD.
Further discussion of the content of these amendments is included in the Planning Commission Packet
for the February 23, 2022 meeting, when this public hearing was warned.
6. Commission review of feedback, possible changes to draft, and possible action to approve and submit the
draft Amendments and Planning Commission Report to City Council
Following the public hearing, the Commission may make and approve changes to the draft (including
those through the technical & legal review) and may, if it wishes, vote to approve the amendments to
submit to the City Council.
Possible motion: “I move to approve the draft amendments to the Land Development Regulations #
LDR-22-01, 22-02, 22-03, and 22-04, with recommended legal and technical changes provided in tonight’s
packet, and to submit the amendments and Planning Commission Report to the City Council.”
7. *Update on Work Plan Status
Staff has included an update on the status of the Planning Commission’s FY2022 Work Plan in this
packet. This spreadsheet shows the Planning Commission’s FY22 Work Plan with the addition of the two
rightmost columns indicating current status and next steps. Several columns from the original work plan
document have been removed in this document and the several descriptions have been edited for ease of
review. It is the intention that Staff will provide a similar status update to the Planning Commission every
quarter.
In summary, the Planning Commission has completed LDR-related tasks and is various stages of work on
several other tasks. The Planning Commission has completed several tasks related to supporting the adoption of
the last round of LDR updates. The General PUD and related edits to the LDRs, plus related changes to civic
space and site amenity requirements in Site Plan and Subdivision, have been moved forward by the Commission
and are set for public hearing on March 22 for potential sending to the City Council soon after. The Planning
Commission has set updates to the Official Map for connections to the I-89 bike/ped bridge for public hearing on
April 12. Two task forces, the Climate Action Task Force and the Airport Rezoning Task Force, have been
established and have commenced their work. Initial discussion of the 2024 Comprehensive Plan began at the
March 8th meeting. Finally, the City’s legal team has been asked to explore the possibility and implications of
changing the name of the Land Development Regulations to the “Land Use Regulations” or similar.
The next major regulatory project being undertaken by the Planning Commission and Staff is the update
to the Transferrable Development Rights (TDR) program. The policy discussion will begin at the March 22
meeting and continue with rewritten regulatory language.
During the upcoming months, the Planning Commission and Staff will also be working on the structure
of the 2024 Comprehensive Plan and beginning information gathering from other departments and committees
regarding progress on the 2016 Comprehensive Plan’s goals and objectives. A schedule for public engagement
on the 2024 Comprehensive Plan will also be compiled in the coming months.
Several other work plan items require information gathering and analysis by Staff before presentation to
the Planning Commission. These include continuation of the project to replace the Transportation Overlay
District with Transportation Demand Management, exploring options for a Parks Master Plan and engagement
with the relevant departments and committees, review of minimum solar requirements, an inventory of large
properties, and following up on the possible name change for the LDRs.
8. *Initial policy discussion on TDR updates
See enclosed memo
3
9. *Meeting Minutes (8:50 pm):
10. Other Business (8:55 pm)
11. Adjourn (9:00 pm)
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
Page 1 of 1
2 DEFINITIONS
2.02 Specific Definitions
. . .
Inclusionary ownership unit. A dwelling unit:
(1) The sales price for which does not exceed the maximum price for a household with a gross annual
income that does not exceed 80% of the median income for the Burlington-South Burlington Metropolitan
Statistical Area (MSA), as calculated using a United States Department of Housing and Urban Development
(HUD) formula that defines a unit-specific household size based on dwelling unit size (i.e. number of
bedrooms); and
(2) Which is owned by its inhabitants, whose gross annual household income at time of purchase
does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The sales price for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the purchasing household do not have to be the same.
Inclusionary rental unit. A dwelling unit:
(1) The rent for which does not exceed the maximum price calculated for a household with a gross
annual income that does not exceed 80% of the median income for the Burlington-South Burlington MSA,
to which the unit is targeted, as calculated using a HUD formula that defines a unit-specific household size
based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is targeted; and
(2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy
does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The rent for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the renting household do not have to be the same.
Inclusionary Unit. A dwelling unit that is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit.
. . .
Inclusionary Unit. A housing unit that is affordable to a low- or moderate income household under
inclusionary zoning requirements.
. . .
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
Page 1 of 1
3 GENERAL PROVISIONS
. . .
3.07 Height of Structures
. . .
3.07 Height of Structures
. . .
D. Waiver of Maximum Height Requirements
(1) Larger Rooftop Apparatus. Larger Rooftop apparatus, as defined under Heights in these
Regulations, and steeples for places of worship that are taller than normal height limitations established
in Table C-2 above may be approved by the Development Review Board as a conditional use subject to
the provisions of Article 14, Conditional Uses.
(2) R12, IA, PR, MU, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts.
(a) Except within a Planned Unit Development, an applicant may seek approval from the
Development Review Board for the height of one or more structures to exceed the limitation set forth
in Table C-2 for structures within these zoning districts. Within a Planned Unit Development, the
ability of an applicant to seek approval for a structure to exceed the limitation in Table C-2 is heights
are established by PUD type.
(b) Submittal requirements. Any request for additional height shall be made in writing at the time
of application for a Site Plan. The request must include the submittal of a plan(s) showing the
elevations and architectural design of the structure, pre-construction grade, post-construction grade,
and height of the structure, and any supplemental information the Development Review Board deems
necessary in order to render a decision.
(c) Standards of Review.
(i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and,
(ii) Demonstration that the proposed structure will not have an undue adverse effect on
scenic views from adjacent public roadways and other public rights-of-way.
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
Page 1 of 1
8 CITY CENTER FORM BASED CODE DISTRICT
. . .
8.08 Open Space Requirements
. . .
8.08 Open Space Requirements
D. General Civic Space / Site Amenity Notes
(1) In all Transect Zones, only Civic Space / Site Amenity areas meeting the requirements of
Appendix F Article 11.B and this article shall count towards the minimum qualifying requirements.
(2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered
qualifying Civic Space / Site Amenities. A divider between a parking lot and a qualifying street type
shall be considered qualifying where applicable and allowable.
ARTICLE 11.B Civic Space / Site Amenity Requirements
Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity
Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden
City Center FBC
District applicability
(where may be
located)
T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All Transect Zones T4, T5 All Transect Zones All Transect Zones
Site Plan applicability
outside City Center
FBC District
All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans
Subdivision / PUD
Applicability outside
City Center FBC
All Subdivisions / PUD
Types
All Subdivisions / PUD
Types
All Subdivisions / PUD
Types
TND PUD (8+DU/A), NCD,
IRD, General PUD, All Non-
PUD Subdivisions
NCD, IRD--Mixed Use,
General PUD, All Non-PUD
Subdivisions
All Subdivisions / PUD
Types
NCD, IRD--Mixed Use,
General PUD, All Non-PUD
Subdivisions
All Subdivisions / PUD
Types
All Subdivisions / PUD
Types
Description Informal, primarily natural
green space managed for
passive unstructured
recreation, limited
structured recreation, and
community gatherings,
events
Linear, informal, primarily
natural green space that
typically borders and may
incorporate a natural
feature such as a riparian
or habitat corridor, or a
connecting recreation or
pedestrian path
Informal but well-defined
natural and landscaped
green space, designed and
managed for passive,
unstructured recreation,
limited structured
recreation, social
interaction, and
neighborhood gatherings,
events
Formal, well-defined and
landscaped, outdoor living
space designed and
managed for passive,
unstructured recreation,
limited structured
recreation, social
interaction, and
neighborhood gatherings,
events
Formal, well-defined,
landscaped and
hardscaped outdoor living
space, designed and
managed for foot traffic,
social interaction, civic and
commercial activities and
events, and use by
adjoining businesses
A small, landscaped green
space, designed and
managed as an outdoor
living "room" for more
limited passive recreation
and social interaction.
A small, formally
landscaped and
hardscaped outdoor area
or "room," designed and
managed for foot traffic,
social interaction, and
limited civic and
commercial activities
Open space designed and
equipped for children; may
be included in other
open/civic space types
Open space consisting of a
grouping of garden plots for
use by neighborhood
residents; may be included
in other open/civic space
types
Service Area Intended to serve multiple
neighborhoods located
within walking or biking
distance (1/2 mile) of the
park. Typically located
between adjoining
neighborhoods. May also
serve as a buffer area
between incompatible
development
Intended to serve and
connect multiple
neighborhoods, open space
areas, public facilities, and
mixed use centers, as part
of the City's planned open
space and recreation path
network. Typically located
within edge/buffer areas;
may serve as a buffer area
between incompatible
development
Intended as the focal point
of a residential or mixed
use neighborhood that
serves to enhance
neighborhood identity and
character, and
accommodates
neighborhood gatherings
and events. Typically
centrally located to the area
(streets, blocks) it serves
Intended to serve as a focal
point, and outdoor living
space, in a more urban,
higher density residential or
mixed use neighborhood.
Typically centrally located
to the area (streets and
blocks) it serves; may also
front civic buildings
Intended to serve adjacent
sites on a street or block
face within a more densely
developed commercial or
mixed use area. Typically
located at a street
intersection, but may also
be located midblock.
Intended to serve the
immediate area (street,
block) within walking
distance (1/4 mile),
including adjoining
residences and businesses.
Typically located mid-block,
or on a street corner.
Especially suited for infill
development in
neighborhoods that lack
open space.
More urban version of a
pocket park; intended to
serve the immediate area
(street, block) within
walking distance (1/4 mile),
including adjoining
residences and businesses.
Typically located mid-block,
or on a street corner.
May be a type of civic
space, feature within a civic
space, or a building
amenity.
May be a type of civic
space, feature within a civic
space, or a building
amenity.
Typical Features Paths, trails, trees,
ballfields, playground, dog
park, play area, community
garden, small accessory
structures, seating; may
include a small farm in
appropriate context; may
include limited onsite
parking.
Recreation path, trail, trees,
small accessory structures,
water fountains, seating
areas, overlooks; vehicle
parking limited to access
points/trail heads
Paths, trails, seating areas,
trees, gardens, public art,
small accessory structures;
no onsite parking
Formally arranged paths,
trees, gardens, seating
areas, public art, fountains,
small accessory structures,
no onsite parking
Seating areas, vendor
areas, public art, fountains,
ornamental trees, planters,
small accessory
structures/buildings; no
onsite parking
Path, seating area, trees,
gardens, community
garden playground, public
art, small accessory
structure; no onsite parking
Seating area, vendor area,
public art, fountain,
ornamental trees, planters,
small accessory structures;
no onsite parking
Playground equipment,
fountains, small accessory
structure (e.g., shelter),
seating area
Garden plots, accessory
facilities/structures (e.g.,
water source, equipment
shed); limited/no parking
Lot Size Minimum: 3 acres
Maximum: None
Minimum Width: 50 FT
No minimum length or
overall size; but must be
designed to serve the entire
development, and to
connect to the existing or
planned path or open
space network in the vicinity
of the project
Minimum: 20,000 SF
Maximum: 120,000 SF
Minimum: 20,000 SF
Maximum: 80,000 SF
Minimum: 20,000 SF
Maximum: 60,000 SF
Minimum: 2,000 SF
Maximum: 20,000 SF
Minimum: 2,000 SF
Maximum: 20,000 SF
Minimum: 2,000 SF as a
Civic Space; 1,500 SF as a
Site Amenity
Minimum: 5,000 SF as a
Civic Space
Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% max
Frontage Independent of building
frontage; typically fronts on
at least one public street;
and may be accessed via
one or more streets,
recreation, or pedestrian
paths.
Independent of building
frontage or bordering
streets, but a street may
serve as a boundary.
Typically accessed via
intersecting streets,
recreation, or pedestrian
paths. In developed areas,
maybe spatially defined by
landscaping or attractive
fencing.
Typically has frontage on
two or more streets with
adjacent buildings and
main building entrances
facing the Green. Civic
building lots, where
present, also border and
front on the Green.
Typically has frontage on
one or more streets, with
adjacent buildings and
main building entrances
facing the Square. Civic
building lots, where
present, typically also
border and front on the
Square.
Typically has frontage on
one or two streets, with
adjacent buildings that
front on or have public
entrances facing the Plaza.
Prominent civic buildings,
where present, may also
front on the Plaza.
Typically has frontage on
one or two streets; and may
be spatially separated from
adjoining properties by
attractive fencing and
landscaping that define the
space.
Typically has frontage on
one or two streets, and is
defined and enclosed by
adjacent building facades,
with compatible
architectural elements,
such as low walls,
screening, or fencing and
landscaping that define the
space.
If a Ccivic Sspace, must be
accessible from public
street
If a Ccivic Sspace, must be
accessible from public
street
Other:May also serve as a feature
within a different applicable
Civic Space
(1) See "Shared Garden
Space" for the Site Amenity
version of this use. (2) may
also serve as a feature with
a different applicable Civic
Space
Notes:
Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and service intent of the applicable service space type and complement the features. The Board may exclude stormwater
practices from the calculation of minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type
South Burlington Land Development Regulations
ARTICLE 11.B Civic Space / Site Amenity Requirements
Type Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity
Outdoor Café/
Restaurant Seating
Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Indoor/Outdoor Space Private Porch or
Balcony
Private Yard Space Enhanced or
Recreational
Wetlands/Stormwater
Treatment Area
Wooded Area
Applicability
City Center
FBC District
applicability
(where may be
located)
All Transect Zones FBC
Districts (must be
associated with a
restaurant).
Buildings having 3 or
more stories in T4 and
T5.
T4, T5 All Transect Zones. FBC
Districts
All Transect Zones FBC
districts.
All Transect Zones. FBC
districts
All Transect Zones FBC
districts; Parcels with
land within the Urban
Design Overlay District
T4, T5 All Transect Zones FBC districts T4, T5 T-3 and T3+ T-3 and T3+ Onsite 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.
Onsite 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.
Site Plan
applicability
outside City
Center FBC
District
All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans
Description &
Service Intent
An open-air seating area
provided by a restaurant
located on the subject or
adjoining property,
where restaurant
patrons can eat or drink
Accessible 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.
Land set aside and
maintained for
production of food to be
used primarily for
participating gardeners.
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.
Indoor common area
with direct access to a
ground or upper-level
outdoor space. For
residential uses.
Private porch balcony for
use by residents of an
individual dwelling unit.
Private yard space
associated with a
residential unit.
An existing wetland
buffer or new
stormwater treatment
area which offers public
amenities that exceed
those minimally
necessary for water
resource management.
Naturally occurring area
with predominance of
canopy trees with
enhancement and public
access.
Size 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.
5,000-20,000 sq. ft. Minimum 400 square
feet. Encouraged to
serve at least 20% of
units in multifamily
developments.
Maximum size of 3,500
sf; shall not count as
more than 50% of
minimum required
qualifying open space.
600-4,000 sq. ft. 8' 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.
Minimum 300 sq. ft.
indoors and 600 sq. ft.
total.
Minimum 6' depth and 8'
width. If Balconies /
Porches are not
accessible to every
residential unit, tT he
total area may not count
as more than 50% of the
minimum required
qualifying Site Amenity
area. open space
As directed by minimum
requirements.
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.
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.
Location &
Access
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 or four sides.
May not be located in
any class wetland or
wetland buffer. Shall
have proper drainage.
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.
Available for use by
residents of a building.
Directly adjacent to and
accessible to at least
one entry of the
associated dwelling unit.
Must be visible to public
or tenants and users of
building. Direct
pedestrian access from
adjacent public street
type.
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.
Seating*,
Tables, Etc.
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 seating
spaces.
None required. 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 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.
Must be appropriately
furnished to meet
service intent.
No requirements. No requirements. If functional for sitting
and viewing, seating can
be ledges, benches,
and/or stairs.
Light enhancement
expected. Must include
improvements, including
cleared paths and
benches.
Landscaping,
Design-
For 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.
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.
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 50 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
encouraged.
Landscaping and
seating must be
appropriately designed
to meet service intent.
No requirements. No requirements.
Landscaping, lawns or
planned seating/dining
areas (patios and decks)
are encouraged.
LID techniques; no
fencing permitted.
Majority of area must be
covered with canopy
trees. Light
enhancement expected.
Must include cleared
paths, benches, and/or
other amenities.
Commercial
Services,
Food
May serve as seating
area for adjacent
restaurant/food service,
or be space provided for
Dependent on Transect,
may possibly be used up
to 100% for commercial
food services. See Table
30% of area may be
used for restaurant
seating taking up no
more than 30% of the
Not permitted Not permitted. Not permitted. Permitted 40% of area may be
used for restaurant
seating.
Not permitted.Not permitted.Not permitted.Not permitted. Not permitted. Not permitted.
Sunlight and
Wind
Sunlight encouraged to
most of the occupied
area at lunchtime.
No requirements No requirements except
as noted for street
façade to be wall of
Sunlight to sitting areas
for most of day.
Full sunlight. Appropriate to the plant
species selection.
No requirements No requirements. No requirements. No requirements. Exterior to building. Appropriate to the plant
species selection.
No requirements
Other Plan shall be
established and
submitted to ensure
continual use and
maintenance of the
gardens, whether by
residents, association,
property owner or
property manager.
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.
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
Materials All products installed in qualifying open spaces shall be of high quality
materials intended to be used for commercial application.
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With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
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14 SITE PLAN and CONDITIONAL USE REVIEW
. . .
14.06 General Review Standards
Except within the City Center Form Based Code District, the following general criteria and standards shall be
used by the Development Review Board in reviewing applications for site plan approval. They are intended to
provide a framework within which the designer of the site development is free to exercise creativity,
invention, and innovation while improving the visual appearance of the City of South Burlington. The
Development Review Board shall not specify or favor any particular architectural style or design or assist in
the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself
to a reasonable, professional review, and, except as otherwise provided in the following subsections, the
applicant shall retain full responsibility for design.
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from structure
to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking
areas. The DRB shall consider the following:
(a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the
street.
(b) Building Placement, Orientation. Maintain or establish a consistent orientation to the street
and, where a prevalent pattern exists, shall continue the manner in which the site’s existing building
foundations relate to the site’s topography and grade.
(c) Transition Contrast in Scale. Minimize and mitigate abrupt contrasts in scale between
existing, planned or approved development, and proposed development.
(d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within
the area proposed for development.
(e) Solar Gain. Orient their rooflines to maximize solar gain potential, to the extent possible
within the context of the overall standards of these regulations.
(2) Parking:
(a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public
street shall be considered a front side of a building for the purposes of this subsection.
(b) The Development Review Board may approve parking between a public street and one or
more buildings if the Board finds that one or more of the following criteria are met. The Board shall
approve only the minimum necessary to overcome the conditions below.
(i) The parking area is necessary to meet minimum requirements of the Americans with
Disabilities Act;
(ii) The parking area will serve a single or two-family home;
Commented [PC1]: Removing mandatory language inside the
factors for consideration for consistency [statement of applicability
is within (1)]
Commented [PC2]: Minor rewording through this section for
legal clarity
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With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
Page 2 of 5
(iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow
for parking, but not a building, to be located adjacent to the public street;
(iv) The lot contains one or more existing buildings that are to be re-used and parking needs
cannot be accommodated to the rear and sides of the existing building(s);
(v) The principal use of the lot is for public recreation; or
(vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the
following criteria:
(I) The lot is located in an approved subdivision where the parking on each lot in the
subdivision is proposed to be located between the building or buildings on each lot and the
public street so that a significant greenspace surrounded by buildings may be incorporated
similar to a college campus style “quad”, as detailed below.
(II) The parking on any lots that include a part of the greenspace shall be aligned in a
similar fashion so that the buildings are located between the greenspace and the parking and
so that the parking is located between the buildings and the public street to maintain the
integrity and continuity of the greenspace .
(III) The minimum required total area of the greenspace shall be 150,000 square feet. For
purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a
consolidated and continuous landscaped area located across more than two lots in the
approved subdivision, similar in nature to a common open space, largely surrounded by
buildings, but shall not include building or impervious parking areas. The greenspace may
extend between buildings, but shall not extend beyond the building line of the principal
building on each lot that includes a portion of the greenspace. The greenspace shall consist
of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include
impervious landscape features, such as path networks, sculptures, gazebos, water features,
footbridges, sitting areas, stone walls, and other features and amenities that may be built
within and throughout the greenspace in order to create a more attractive and enjoyable
environment. The area of the greenspace shall be calculated by measuring and adding the
portion of the total greenspace defined on the site plan for each lot in the approved
subdivision that includes a portion of the greenspace.
(vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space
Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be
designed in a manner to avoid conflicts between visitors / employees and the inherent operations
of the use(s) on the lot;
(I) In order to further reduce the likelihood of such conflicts, this exception to the
general requirements for parking is only available when the uses of the lot(s) are limited to:
1. Distribution and related storage
2. Light manufacturing
3. Manufacturing
4. Processing and Storage
5. Warehousing and Distribution
(II) The parking shall be limited as follows:
1. No more than 25% of the total parking on the lot shall be located between a public
street and the building(s);
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2. Parking shall be predominantly screened from the roadway with landscaping
features, and separated from the roadway’s sidewalks or multi-use paths by one or more
of the following Qualifying Open Spaces (as defined in Article 11.B, except for the location
standards which are superseded by this subsection): Pocket/Mini Park; Wooded area;
Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this
Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience
on the adjacent public sidewalk or recreation path, (2) largely screen parking from the
street right-of-way, and (3) provide for additional usable open space on the parcel. The
open space shall represent a minimum of 35% of the total square footage of the parking
spaces (not including circulation infrastructure) proposed to be located in front of the
building.
3. The minimum required landscaping budget established by the Development
Review Board pursuant to Section 13.04 shall increase by a percentage that is equivalent
to the percentage of the total parking that is proposed to be located between a public
street and the building(s) on a lot. Of this total increased landscaping budget, the
percentage that must be dedicated to installation of landscaping in the front yard shall be
equivalent to the percentage of the total parking that is proposed to be located between
a public street and the building(s) (e.g., if the minimum required landscaping budget
before any increase was $100,000, and if 10% of the total parking for the lot is proposed
to be located between a public street and the building(s), then the minimum required
landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000,
and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated
to installation of landscaping in the front yard).
4. The applicant shall construct a safe, paved pedestrian access from the street to
the building’s main entrance.
5. The parking layout and circulation shall not interfere with safe pedestrian access
from the street to the building’s main entrance.
(c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of
buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities width along any
street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved
pursuant to 14.07(B)(2)(b) shall be exempt from this subsection.
(d) For through lots, parking shall be located to the side of the building(s) or to the front of the
building adjacent to the public street with the lowest average daily volume of traffic. Where a lot
abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the
front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with
sufficient landscaping to screen the parking from view of the Interstate.
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale of
each building shall be compatible with its site and existing or anticipated adjoining buildings.
C. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common materials
and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers,
screens and visual interruptions to create attractive transitions between buildings of different
architectural styles.
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(2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing
buildings and roads in the vicinity that have a visual relationship to the proposed structures.
(3) To accomplish (1) and (2), the DRB shall consider:
(a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development
defined by the planned or existing street grid, block configurations, position and orientation of
principal buildings, prevalence of attached or detached building types.
(b) Architectural Features. Respond to recurring or representative architectural features that
define neighborhood character, without adhering to a particular architectural style.
(c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and
back yard areas through context sensitive design.
D._____Site Amenity Requirement
(1) Sites are required to include a specific minimum area for appropriate Site Amenities. This
section does not apply to projects within the City Center FBC District (which are governed by Section 8.08).
(2) Applicability. Applications for the following shall be required to provide Site Amenities:
(a) Any non-residential development over 5,000 SF.
(b) Additions or expansions exceeding 5,000 SF for existing non-residential structures.
(c) Any residential development, including conversion of non-residential structures to residential
use.
(3) The required area shall be:
(a) For Non-Residential development, a minimum of 6% of non-residential building gross floor
area.
(b) For Residential development, determined by number of units as:
(i) For fewer than 10 units, 100 square feet per unit;
(ii) For 10 to 19 units, 85 square feet per unit; or
(iii) For 20 or more units, 60 square feet per unit.
(4) The DRB may, in its discretion, provide a credit for up to 50% of the required Site Amenity area if
the Applicant demonstrates a safe, walkable connection to an existing Civic Space or public park that is
accessible by the general public and located within five-hundred (500) feet of at least one pedestrian
access point for each building on the lot via a walking route and/or pedestrian way. A “safe, walkable
connection” shall not include or require crossing a four-lane road.
(a) The DRB may, in its discretion, give a partial credit for the required Site Amenity area if some
but not all the buildings on the lot have pedestrian access points located within five-hundred (500)
feet of the Civic Space or public park, as described in Section 14.06(D)(4), above.
(b) The DRB cannot provide any credit to replace the remaining 50% of the Site Amenity area.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply:
Commented [PC3]: Corrected to “Site Amenity” from “Civic
Space”
Commented [PC4]: Minor re-wording for clarity legal
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With Recommended Technical & Legal Edits
Hearing Date March 22, 2022
Page 5 of 5
A. Environmental Protection Standards. All proposed development shall be subject to the applicable
requirements of Article 12, Environmental Protection Standards.
B. Site Design Features. All proposed development shall comply with standards for the placement of
buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other
applicable standards related to site design pursuant to these Land Development Regulations.
C. Access and Circulation. All proposed development shall comply with site access and circulation
standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
E. Building Form. Development within the City Center Form Based Code District, the Urban Design
Overlay District, and other districts with supplemental building form standards shall adhere to the standards
contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing
structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City
Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent
sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the
applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these Regulations.
F. Access to Abutting Properties. The reservation of land may be required on any lot for provision of
access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial
or collector street, to provide additional access for emergency or other purposes, or to improve general access
and circulation in the area.
G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall
be underground insofar as feasible and subject to state public utilities regulations. Any utility installations
remaining above ground shall be located so as to have a harmonious relation to neighboring properties and
to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met.
H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance
with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with
opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for
use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or
screened.
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Page 1 of 1
15.A SUBDIVISION REVIEW
15.A.16 Blocks and Lots
. . .
B. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose.
Building lots must be laid out within existing and planned street and block configurations, in such a way
that they can be developed in full compliance with their intended use and these Regulations. Unless
otherwise specified under these Regulations as applicable to the subdivision:
(1) All proposed lots must be numbered, as shown on subdivision plans and plats.
(2) The arrangement and configuration of lots must allow for the further subdivision of any
remaining developable land on the tract or parcel to be subdivided. Where proposed building lots
exceed minimum lot area requirements, the DRB may require that such lots be configured and
developed in a manner that allows for further subdivision and infill development.
(3) Building or other lots for existing or planned public facilities or uses, including public parks, as
shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown
as such on the subdivision plan and plat.
(4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the
total buildable area within the developed portion of any Major Subdivision exceeding two acres in
size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and
plat.
(a) Required civic space must incorporate one or more allowed Civic Space Types under
Article 11.B and meet associated type requirements.
(b) Designated civic space lots must have frontage on or pedestrian access from an abutting
street. The entrance to a civic space that does not front on an abutting street must be readily
visible, apparent, and accessible from the street.
(c) Civic space lots must be identified on the subdivision plat, and in associated legal
documents, as Civic Space lots to be maintained and managed in single or common ownership.
(d) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, provide a credit
for up to 50% of the required Civic Space area if the Applicant demonstrates a safe, walkable
connection to an existing Civic Space or public park that is accessible by the general public and
located within five-hundred (500) feet of at least one pedestrian access point for each building in
the subdivision, via a walking route or pedestrian way. A “safe, walkable connection” shall not
include or require crossing a four-lane road.
i. The DRB may, in its discretion, give a partial credit for the required Civic Space area if
some but not all buildings in the subdivision have pedestrian access points located
within five-hundred (500) feet of the Civic Space or public park, as described in Section
15.A.16, above.
ii. The DRB cannot provide any credit to replace the remaining 50% of the required Civic
Space area.
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Page 1 of 1
15.B MASTER PLAN REVIEW
…
15.B.02 Applicability
…
15.B.02 Applicability
(A) Required Approval. Master plan review and approval by the DRB is required prior to preliminary
subdivision review under Article 15.A, or site plan review under Article 14, as applicable, for:
(1) Any Major Subdivision involving four (4) or more acres, except for any portion of Transect
Zone Subdivision within the City Center Form Based Code District.
(2) Any land subdivision or site development proposed to occur over two (2) or more phases, or
three (3) or more years.
(3) A Planned Unit Development under Article 15.C unless, at applicant request, Master Plan
review is waived by the DRB for a PUD on less than four (4) acres under 15.C.03.
(4) Multiple Structures on a Single-User Lot or Complex, in accordance with Section 3.09.
(5) The DRB may also require the submission of a Master Plan for any tract or parcel of land where
there exists clear potential for future growth and development beyond that presented in an
application, as necessary to establish physical and functional connections between areas of proposed
and potential future development.
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15.C PLANNED UNIT DEVELOPMENT
15.C.01 Purpose
15.C.02 Applicability
15.C.03 Planned Unit Development Review
15.C.04 General PUD Standards Applicable to All PUD Types
15.C.05 Conservation Development
15.C.06 Traditional Neighborhood Development
15.C.07 General PUD
. . .
15.C.02 Applicability
A._____Floating Zone. For purposes of these Regulations, a Planned Unit Development (PUD) is an
unmapped overlay zoning district or “Floating Zone,” as allowed or required within an underlying zoning
district, which is applied to a particular tract or parcel of land proposed for subdivision and development.
A PUD is intended to function as a more flexible, design-based zoning district in which conservation or
form-based design standards also apply to proposed development. Where PUD standards differ from
underlying zoning district, site plan, or subdivision standards, PUD standards shall apply.
B._____PUD Types. The following types of Planned Unit Development are authorized under these
Regulations by Zoning District (Table 15.C.-1), subject to the associated provisions and standards of review
for each PUD type:
(1) Conservation Development (CON PUD) Section 15.C.05
(2) Traditional Neighborhood Development (TND PUD) Section 15.C.06
(3) General PUD Section 15.C.07
C._____Required Planned Unit Development. PUD review and approval by the DRB under this Article is
required for any subdivision and development of a tract or parcel with a total area of four (4) or more
acres within any zoning district listed for CON PUD and TND PUDs under Table 15.C-1. General PUDs are
not mandatory in any district.
D._____Elective Planned Unit Development. An applicant may elect PUD review, as allowed within
specified zoning districts, for the subdivision and development of any tract or parcel:
(1) Less than four (4) acres that qualifies as a Conservation PUD under Subsection 15.C.05, in
which fifty percent (50%) or more of the total tract area includes one or more Hazards or Level I
Resource areas identified for protection under Article 12.
(2) Where the General PUD type is allowed under Table 15.C-1 or Section 15.C.07(C).
E._____PUD Type by Zoning District. The types of PUD allowed within an underlying zoning district are
specified by district in Table 15.C-1.
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Hearing Date March 22, 2022
Page 2 of 4
Table 15.C-1 PUD Types by Zoning District
PUD Type Underlying Zoning Districts
Conservation Development (CON PUD)
(1) R1-PRD, R1-Lakeshore, R1-Lakeview, R2,
Lakeshore, SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR,
SEQ-VC
(2) A tract or parcel in any PUD-allowed zoning
district in which a minimum of 50% of the total
tract or parcel area consists of Hazards and/or
Level I Resources (see Section 15.C.05)
Traditional Neighborhood Development (TND
PUD)
R1-PRD, R1-Lakeview, R1-Lakeshore, R2, R4, R7,
Lakeshore, Allen Road, Swift Street, R7-NC, SEQ-VR,
SEQ-VC
SEQ-NR, SEQ-NRN, SEQ-NRT, only in association
with a Conservation PUD, in a designated
Development Area with a minimum Buildable Area
of 4 acres
General PUD
(1) C1-R12, C1-R15, C1-AUTO, C1-AIR, C1-
LR, C2, IC, AIR, AIR-I, I-O, and IA.
(2) As described in Section 15.C.07(C).
(1) Planned Unit Development review under this Article does not apply to subdivision and
development within those zoning districts for which no PUD type is specified. In addition,:
(2)All PUD types are prohibited within any zoning district not listed in Table 15.C-1; and
(2) (3)Aall PUD types are prohibited within the SEQ-NRP Subdistrict; except for land on a tract or parcel
within the SEQ-NRP that is included for conservation within a Conservation PUD.
…
15.C.04 General PUD Standards Applicable to All PUD Types
. . .
D. Development Density.
(5) Minimum (Base) Density. To ensure densities of development that support the efficient use
of land and infrastructure, walkability, and transit-supportive development within a PUD, the
following minimum residential densities of development (Base Density), expressed as the minimum
number of dwelling units per acre of Buildable Area, apply within designated Development Areas
proposed for residential or mixed use development, unless otherwise specified by PUD type:
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended Legal and Technical Changes
Hearing Date March 22, 2022
Page 3 of 4
(a) The minimum (base) density of residential development within a designated Residential
or Mixed Use Area, as specified by PUD Type, represents the minimum number of dwelling units
per acre (DU/A) that is either required or allowed by right under these Regulations, over one or
more phases of development under an approved PUD Master Plan.
(b) The required minimum (base) residential density within a designated Residential Area is
four dwelling units per acre (4 DU/A) or the maximum residential density allowed within the
underlying zoning district, whichever is greater, except within a Southeast Quadrant (SEQ) sub-
district. In the SEQ, the minimum (base) residential density is 4 DU/A.
(c) Within a designated Mixed Use Area, or within ½-mile of a transit route as shown on
Overlay District Map 2, the required residential base density is eight dwelling units per acre (8
DU/A) or the maximum residential density allowed within the underlying zoning district,
whichever is greater.
(d) The residential base density may also vary by subzone, as specified by PUD type, in
association with allowed housing types within that subzone.
(e) Accessory Dwelling Units (ADUs) shall not be included in the calculation of residential base
density or the minimum number of required dwelling units (residential yield).
(f) The minimum number of dwelling units required or allowed by right (residential yield)
within a designated Residential or Mixed Use area, excluding ADUs, may be calculated as:
(6) Nonresidential Base Density. There is no minimum (base) density or intensity requirement
for nonresidential development within a designated Development Area.
(7) Maximum Development Density. The maximum development density allowed within any
PUD except a Conservation PUD shall be determined based on the total buildable area, proposed land
use allocations by use category, the allowed mix of building types, and associated building lot
standards as specified by PUD type.
(a) The DRB may allow for an increase in the overall density of residential development within
a designated Residential or Mixed Use area, for example through adjustments or modifications to
the required housing mix, allowed housing types, or associated building lot or height standards,
as necessary to accommodate the following:
(i) The purchase and transfer of development rights from land within the SEQ-NRP or
SEQ-NRT Subdistrict (Section 9.05 Transfer of Development Rights).
Total Buildable Area (A) x Land Allocation (%) x Base Density (DU/A) = Min DUs (#)
Commented [KP1]: (1)Became lowercase letters instead
of romanette numbers
Commented [KP2]: (2)Became (6) and (7) from (b) and (c)
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended Legal and Technical Changes
Hearing Date March 22, 2022
Page 4 of 4
(ii) The incorporation of offset housing units under inclusionary zoning (Section 18.01
Inclusionary Zoning).
(iii) The incorporation of additional housing units awarded as an incentive for affordable
housing development under Section 18.01 Inclusionary Zoning).
(iv) The transfer of residential development density within a Conservation PUD from Level
I and other resource or open space areas identified for protection that are included in a
designated Conservation Area.
(v) Within a Conservation PUD the maximum residential development density within the
designated Development Area shall be capped as specified by zoning district under Section
15.C.05.
Commented [KP3]: (3)Moved from nesting under
“Minimum” to nesting under “Maximum”
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended legal and technical changes
Hearing Date March 22, 2022
Page 1 of 4
15.C.07 General PUD 1
2
A.____Authority and Limitations. 3
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to 4
approve, to approve with modifications and conditions, or to disapprove an application for a Planned 5
Unit Development (PUD), as further described in Section 15.C.01. 6
(2) Limitations on DRB authority under 14.04(A)(3)(b) apply. 7
(3) In addition, in no case shall the DRB vary: 8
(a) Density restrictions and/or allow an increase in overall density except as authorized via 9
use of Transferrable Development Rights or via Inclusionary Zoning. 10
(b) Requirements of the Urban Design Overlay District and Transit Overlay District, as 11
applicable. 12
(c) Applicable lot coverage and/or building coverage maximums allowed within each zoning 13
district, as measured across the PUD as a whole, except as authorized via use of Transferrable 14
Development Rights. 15
(d) Environmental Protection Standards under Article 12. 16
(e) Parking and building location requirements in Section 14.06(A)(2). 17
18
B.____General PUD Description, Purpose, and Characteristics. A General PUD is a type of planned 19
development that allows for relief from the strict dimensional standards for individual lots in order to 20
encourage innovation in design and layout and efficient use of land consistent with the Comprehensive 21
Plan. Defining characteristics of a General PUD include well-planned, -sited, and -designed development 22
projects that: 23
24
• Conform to the goals in the City of South Burlington Comprehensive Plan and South Burlington 25
City Council’s Resolution on Climate Change dated August 7, 2017. 26
• Support and enable affordable housing development. 27
• Contribute to the City’s economic vitality, in response to changing markets and consumer 28
demand, by providing needed housing, goods, services, and employment opportunities. 29
• Redevelop underperforming properties and commercial strips (retrofits), contaminated sites 30
(brownfields), and large expanses of parking (gray fields) into more compact forms of walkable, 31
pedestrian-oriented, mixed-use development. 32
• Extend or re-establish existing street, sidewalk, and recreation path connections. 33
• Incorporate a density of development that supports walkable residential, mixed use, and transit-34
oriented development, compatible in design with the surrounding area. 35
• Improve the physical appearance, walkability, and amount of civic and green space within existing 36
residential neighborhoods, commercial centers, and commercial strip development. 37
• Introduce missing or complementary uses, facilities, services, amenities, or civic space intended 38
to serve the immediate and surrounding area. 39
• Foster context-sensitive transitions among and between neighborhoods, commercial areas, 40
mixed use areas, civic spaces, and natural resource areas. 41
42
C. Applicability. A General PUD is an allowed PUD type in the following circumstances: 43
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended legal and technical changes
Hearing Date March 22, 2022
Page 2 of 4
(1) Within the underlying zoning districts listed in Table 15.C-1 for General PUD. 1
(2) For amendments to General PUDs approved under this Section. 2
(3) For minor amendments to existing PUDs reviewed and approved under the LDR in effect as 3
of [DATE of former regulations], regardless of zoning district. 4
(a) An amendment shall be considered “minor” if it does not significantly alter the overall 5
intent or scale of the PUD, or the relationship of the approved PUD to its surroundings. A minor 6
amendment may incorporate additional land not in the PUD as previously approved, but only to 7
the extent that the additional land does not cause the PUD to exceed other requirements of this 8
section. 9
10
D._____Conformance with PUD Standards. In addition to the specific standards under this Section, all 11
standards in Section 15.C.04 shall also apply. Application and review process for a General PUD is 12
governed by Section 15.C.03. 13
14
E._____Context. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile 15
of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. 16
17
F._____General PUD Compatibility and Context Analysis 18
(1) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed 19
analysis of the Development Context, shall be a primary consideration in General PUD project design, 20
and for DRB review and approval. 21
(2) “Development Context” is defined to include: 22
(a) The prevalent or recurring pattern and form of development within the Planning Area, 23
including established street grid and streetscape elements, blocks, lots, buildings and yard areas, 24
civic spaces, and parking arrangements, and 25
(b) The character of the Planning Area, as defined by: 26
(i) The planned character of an area planned for redevelopment by the City as identified 27
in the Comprehensive Plan; 28
(ii) Approved, to-be-built or recently built (within ten (10) years) development projects 29
in the Planning Area; 30
(iii) Any updates to the underlying zoning district(s) in the Planning Area within the 31
preceding ten (10) years; or 32
(iv) Zoning district purpose statements, allowed uses, and district-specific development 33
standards. 34
(c) Current zoning purpose statements, uses, and standards only if the DRB finds there is no 35
relevant information under 15.C.07(F)(2)(a) or (b)(i) through (b)(iii), or the DRB finds that there is 36
a clear, established neighborhood street, block, and lot pattern. 37
(3) Context Analysis. The applicant must submit a written Analysis of the Development Context 38
within the Planning Area, which, at minimum, includes the information required for Master Plan 39
review under 15.B.04(C) and: 40
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended legal and technical changes
Hearing Date March 22, 2022
Page 3 of 4
(a) Hazards, and Level I and Level II Resources regulated under Article 12. 1
(b) Prevalent pattern of land subdivision and development in the Planning Area, as defined 2
by block lengths; lot size and front lot line lengths; front, side, and rear setbacks; building height 3
and coverage; and existing parking arrangements. 4
(c) Streetscape elements, including the placement, orientation, and spacing of buildings 5
along the street, existing and planned sidewalks, and existing or planned landscaping, street 6
furniture, and lighting. 7
(d) Building types and styles, including any prevalent or character-defining architectural 8
features. 9
10
G._____General PUD Dimensional Standards. 11
(1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional 12
standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, 13
or waived by the DRB under (2) below. 14
(a) The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to 15
modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application 16
requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay 17
District requirements using 10.02(I)(2), (J), and/or (K). 18
(b) The DRB has authority to allow alternative compliance under 15.C.04(C)(3). 19
(c) Height restrictions may be modified, reduced, or waived in underlying zoning districts 20
identified in 3.07(D)(2) by the DRB under (2) below, except as noted in 15.C.07(C)(2)(b) above. 21
The standards of review in 3.07(D)(2) shall apply. 22
(d) The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3). 23
(2) In response to the existing or planned Development Context in the Planning Area, the DRB 24
may modify, reduce, or waive one or more applicable dimensional standards as necessary to: 25
(a) Accommodate reductions in the available area associated with infill or redevelopment, 26
that result in insufficient acreage to meet applicable dimensional standards; or 27
(b) Allow for more creative and efficient subdivision and site layout and design that advances 28
the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan , 29
particularly in response to existing site limitations that cannot be eliminated; or 30
(c) Ensure that the pattern and form of proposed development is compatible with existing 31
or planned Development Context in the Planning Area determined under 15.C.07(F) and to 32
Transition Zone standards in 15.C.04(E); or 33
(d) Allow for greater energy efficiency, use of alternative energy, green building design, or 34
otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated 35
August 7, 2017. 36
(3) Context shall be determined by the existing or planned Development Context in the Planning 37
Area under Section 15.C.07(F) and (G). 38
39
Commented [KP1]: (1) Modified to clarify that standards
in 3.07 apply and height restrictions are only available in
districts listed in 3.07(D)(2)
South Burlington Land Development Regulations
Draft for Planning Commission Public Hearing
With recommended legal and technical changes
Hearing Date March 22, 2022
Page 4 of 4
H._____Development Density. 1
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to 2
General PUDs. 3
(2) Development density within a General PUD is determined by maximum development density 4
in the underlying zoning district, except as follows. 5
(a) Density can be re-allocated within the PUD area within single zoning districts; 6
(b) Additional density may be achieved through either or both Inclusionary Zoning and 7
application of Transferrable Development Rights where specifically authorized by and as 8
regulated by Section 18.01 or Section 9.05. 9
10
I._____General PUD Design Standards 11
(1) Design Standards, Generally. The design for a General PUD shall comply with existing Site 12
Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from 13
applicable regulations that respond to and incorporate the development context within the Planning 14
Area and under the specific circumstances listed in Section 15C.09(G)(4). 15
(2) Streets. Streets within a General PUD must be compatible with and connect to existing and 16
planned public street, sidewalk, and path networks in the Planning Area. 17
(a) Street and block pattern requirements of the Subdivision regulations shall apply unless 18
waived by the DRB under Section 15C.09(G)(4). 19
(3) Parking. Parking design and building location requirements applicable in all underlying zones 20
and districts apply to General PUDs, including all requirements in Section 14.06(A)(2). 21
(4) Buildings. Buildings and associated building lots within a General PUD must be compatible 22
with the development context in the Planning Area as described under Section 15.C.07(F) and (G). 23
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with 24
the existing or planned development context. General PUDs must comply with applicable Civic Space 25
and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site Plan (Section 26
14.06(4)). 27
(a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic 28
space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three 29
(3) or more lots, not including the resulting lots that only contain civic space(s). 30
(b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section 31
15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination 32
of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. 33
(6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of 34
two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as 35
described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under 36
Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of 37
bedrooms per unit. 38
1
Paul Conner
From:Michael Simoneau <simmy@buyvtrealestate.com>
Sent:Thursday, March 10, 2022 11:26 AM
To:Paul Conner; Jessica Louisos
Cc:Simoneau,Michael; Jessie Baker
Subject:EXTERNAL: new LDR's
Follow Up Flag:Follow up
Flag Status:Completed
This message has originated from an External Source. Please use proper judgment and caution when opening
attachments, clicking links, or responding to this email.
Dear Paul and Jessica:
I have read through the info on the new proposed LDR’s, being 22-01, 22-02, 22-03, 22-04.
I have a question regarding density. The new LDR’s seem to indicate that the existing underlying density remains the
same? These densities may be increased for permitted IZ density bonuses, or TDR’s?
Are we no contemplating any basic increases in density exclusive of IZ or TDRs, particularly in our lower density R2, R4,
and R7 zones?
You may also remember that one of the complaints/arguments made by many is the confusion about how much density
certain zones may permit. Are we going to allow that confusion, which results in frustration, to remain?
Just trying to be constructive here. If we want to increase housing opportunities, the impacts should be
distributed/shared/tolerated equitably. Are we assuming, at least for the time being, that the underlying densities
throughout our “core” community, are acceptable, subject only to the IZ or acquired at some expense TDR’s? Would it
be better to consider increasing the base densities? Yes, I know there will be a lot of pushback.
We need more than mid rises to satisfy our housing needs. I encourage looking at the small Winooski in fill project as an
example of what I hope we can encourage. Maybe this is possible with what is being proposed, and it can be
demonstrated to be possible through a technical review of what is proposed? Being able to clearly demonstrate what
the new regulations can allow is important?
Thanks for your time and consideration.
Regards, Mike S.
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 Tuesday, March 22, 2022, 7:00 pm
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 March 22, 2022 at 7:00 pm, in
person and via Zoom electronic platform, to consider the following amendments to the South Burlington
Land Development Regulations:
A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to
existing PUDs
B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential
conversions subject to site plan review; add additional allowable Site Amenity types, and allow
partial credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic
spaces & parks
C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of
Relationship of Structures and Site and to Adjoining Area.
D. LDR-22-04: Minor and technical amendments to include:
• Adjust Master Plan applicability for single-user lots
• Definitions updates and corrections
Brief Description and Findings Concerning the Proposed Amendments
A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and
amendments to existing PUDs
Brief Description of the Proposed Amendment
This amendment would create a “General Planned Unit Development” Type to accompany the
existing “Traditional Neighborhood” and “Conservation” PUD types.
2
The General PUD would be permissible in zoning districts where the other two PUD types are not
available as options and for minor amendments to pre-existing PUDs approved under prior
regulations.
The General PUD would allow the Development Review Board to vary site plan, subdivision, and
other dimensional and design standards of the Land Development Regulations in order to better
achieve stated goals enumerated therein based on the needs of the site. The Development Review
Board may, for identified purposes, permit modifications to lot sizes, arrangement of buildings and
lots, building setbacks and heights, and re-allocation of density within the PUD. The General PUD
does not authorize increases in lot coverage, development density not otherwise allowed in the
Regulations, additional land uses, modification to the Environmental Protection Standards, or non-
dimensional / design standards such as inclusionary zoning or energy codes.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1,
2016. 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.
The proposed General PUD is intended support the land use pattern envisioned through the
2016 Comprehensive Plan. The General PUD uses the City’s subdivision, site plan, zoning district
and general standards as the default and provides some flexibility in their application to meet
site-specific needs. A context assessment of the surrounding areas is required and provides
direction in the application of the standards. The General PUD will allow for site design and
layout that supports infill development, including housing, in difficult sites and where the
Development Review Board finds the intent of the Regulations are met. Relevant Comprehensive
Plan Objectives & Strategies:
Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income
level, is representative of the needs of households of central Chittenden County, and maintains an efficient
use of land for use by future generations.
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 6. Continue to be an economic hub for the region consisten t with the land use goals of the city.
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
3
Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site
planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that
incorporates significant natural areas, communities and wildlife habi tats as conserved open space.
Objective 39: The majority of all new development will occur within the Shelburne Road, Williston Road,
and Kennedy Drive Corridors, and other areas within the Transit service area.
Strategy 8. Explore innovative land development regulations that allow for a range of residential building
and neighborhood types, including but not limited to cottage housing, clustered housing and infill
residential development.
Ongoing Activity 1: Continue to refine the City’s Land Development Regulations to promote the Plan’s goals
and objectives.
Ongoing Activity 15: Continue to encourage and consider incentivizing neighborhoods that use a mix of
housing types and integrate different types next to each other, rather than creating monoculture of one
type of housing.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments allow the DRB to vary dimensional and design standards within a
General PUD. They do not, however, alter the proposed or allowed land uses or densities
identified in the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or
residential conversions subject to site plan review; add additional allowable Site Amenity
types, and allow partial credit to Site Amenity and Civic Space requirements for n earby
publicly-accessible civic spaces & parks
Brief Description of the Proposed Amendment
This amendment would establish a common minimum requirement for new development or
residential conversions to include Site Amenities (private or common outdoor spaces for use by
residents/employees/visitors). Minimum amounts are 6% of non-residential building area or
between 60 and 100 s.f. per dwelling unit (depending on building size); both figures are drawn from
similar standards existing within the City Center Form Based Code. Site Amenity types are based on
those created for the City Center Form Based Code. Two additional types are proposed: indoor-
outdoor common area, and private balcony/porch.
The amendment would allow a Park or Civic Space that is located within 500 feet to count towards
50% of the minimum requirement if that distance is a safe, walkable connection.
4
The amendment would also create allowances related to minimum Civic Space associated with
major subdivisions. The minimum Civic Space requirement is proposed to be allowed to be off-site,
with 500 feet (safe & walkable) where the parcel to be subdivided is 6 areas in size or less.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. 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.
The proposed amendments are identified in multiple places in the 2016 Comprehensive Plan.
Specific Goals and Objectives furthered by these amendments:
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed-used transit corridors, and compact residential
neighborhoods.
Objective 14. Seek a livable balance between public, commercial, and civic activity and private tranquility
and promote the health, peace, and well-being of residents in their daily lives.
Objective 15. For all new development, public and private, consider accessibility for users of differing ages
and physical abilities
Objective 16. Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and
accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas,
forests and productive farmland and primary agricultural soils.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
Strategy 68. Redefine open space in new developments such that usable, quality open space shall be
required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable
agricultural lands.
Ongoing Action 11. Continue to build and reinforce diverse, walkable neighborhoods that offer a good
quality of life by designing and locating new and renovated housing in a context-sensitive manner.
5
Safe, immediate access to outdoor spaces – private or shared – supports affordability by assuring that all
residents are able to access the outdoors without having to own a car or use other forms of transportation.
Further, the establishment of site amenities does not require a reduction in density. Additionally, most
new housing in the past decade or more has included such amenities.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site,
and of Relationship of Structures and Site and to Adjoining Area.
Brief Description of the Proposed Amendment
The proposed amendments would provide direction to applicants and the Development Review
Board on applying these standards. This includes direction in consideration of Street Frontage,
Building Placement and Orientation, Contract of Scale, Pedestrian Orientation, Pattern & Rhythm,
Architectural Features, and Privacy.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. 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.
The proposed amendments provide greater clarity to applicants and the DRB on application of
the existing standards in the Regulations. The proposed amendments do not directly impact the
availability of safe and affordable housing. However, the amendments will foster more context-
sensitive design in new development, which in turn supports walkability and, indirectly, overall
safety of environments through greater pedestrian use.
Specific Goals and Objectives furthered by these amendments:
6
Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by
designing and locating new and renovated housing in a context-sensitive manner that will facilitate
development of a high-density, City Center, mixed used transit corridors, and compact residential
neighborhoods.
Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by
designing and locating new and renovated development in a context-sensitive manner.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of
City policies, plans, projects, and regulations.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendments do not affect any specific proposals for planned community facilities.
D. LDR-22-04 Minor and technical amendments to include:
• Adjust Master Plan applicability for single-user lots
• Definitions updates and corrections
Brief Description of the Proposed Amendment
The amendments listed above represent minor adjustments to the regulations that promote
consistency in approach, policy, and organization within the Land Development Regulations.
Findings Concerning the Proposed Amendments
The proposed amendments have been reviewed by the Planning Commission in the context of the
text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February
1, 2016. 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.
The Comprehensive Plan supports consistency and streamlining of regulations.
Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye
toward ways to eliminate outdated or duplicative requirements and to further streamline the process of
7
obtaining needed permits with a specific focus on improving predictability of the process. Move as much of
the permitting process online as is viable to improve customer access and service.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The Planning Commission finds the proposed amendment to be compatible with the proposed
future land uses and densities of the Comprehensive Plan.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
The Planning Commission finds the proposed amendment will not have any impact on planned
community facilities.
Tasks Project Description Status Next Steps?
Master Plan / Subdivision /
Planned Unit
Developments Part A [TND,
Conservation PUD]
Development of new Master Plan, Subdivision, PUD
standards - including TND and Conservation PUD,
and associated stds: street types, civic space types,
building types (for TND), site plan, uses, etc.COMPLETE
Environmental Protection
Standards
Adopt / revise standards for Habitat Blocks, Habitat
Connectors, steep slopes, wetlands, river corridors,
floodplains COMPLETE
Other amendments in
Draft to Council
List of amendments outside Master
Plan/Subdivision/PUD and Environmental
Protection Stds COMPLETE
Incentivize
Development/Redevelopm
ent in Built Areas
Adopt General PUD; Update TDR Program; process
streamlining; zoning changes
General PUD to
public hearing - 3/22
Examination
of TDR
program
Update City-Wide Official
Map
Update the official map from 2004. Smaller project -
align with Comprehensive Plan, medium project -
bike-ped committee recommendations, larger
project - streets & public spaces citywide. Includes
review of East-West Roads
Update to I-89 Bridge
area to public hearing
- 4/12.
Review 2016
Comp Plan
and
alignment
with Official
Map
Scenic Views
Establish scenic view protection overlays, including
a methodology, analysis of priorities, and standards
for foreground, middle ground, and background
Establish
initial
strategy
Climate Action Plan Preparation of City's first Climate Action Plan
Task Force
established and
commenced
Climate Action
Transportation
Implementation Plan
Preparation of Transportation Implementation
Climate Action Plan
Airport Parkway area
zoning amendment
Possible re-zoning of area east of Airport Parkway
near Kirby Road Ext to an Airport use
Task Force
established and
commenced
Priority Parcels for
Conservation
Open Space Interim Zoning Committee
Recommended parcels for consideration to
Council. Council is following up
2024 Comprehensive Plan
Update of Comprehensive Plan as required by State
Law Begin discussion - 3/8
Establish
schedule
and public
engagement
strategy
Comprehensive Plan
progress check-in
Review status on achieving objectives and
implementing strategies from 2016 Comp Plan
Reach out to
relevant
committees/
departments
for analysis
Industrial Zoning
Comprehensive look of space for future industrial-
only areas Task to EDCCompleting LDRs Large Projects/Tasks
Replace Transportation
Overlay District with
Transportation Demand
Management (TDM)
Replace the existing traffic overlay district that sets
a cap on rush-hour vehicle trips along major
roadways with new tools to encourage multi-modal
investment and changes in travel modes.
Consultant draft
(2021), policy report
(2014)
Staff -
Review
consultant
draft and
update
FBC area amendments
Update FBC based on experience, feedback, and
initial work of 2019 FBC committee
Full review of UVM
Properties
Consider possible amendments to the I/A zoning
district and right-sizing zoning
Parks Master Plan
Identify Function of existing parks and needs for
future parks.
Staff - Reach
out to
committee
and
department
Solar Requirement on new
buildings
Second half of the recommendation for
commercial buildings to include a minimum solar
Staff -
Review
minimum
solar options
Meet with DRB
Annual meetings with DRB; Council priority to link
committees and staff together.
Intentionally work with
large property owners on
their plans
Would have staff and the PC engage proactively
with large property owners prior to any project
plans
Staff -
inventory
large
properties
Change name to Land Use
Regulations
Legal review of
options/process
Staff - follow-
up with legal
Projects that Arise through
the year
Reserving time for other projects that fall within
the PC's area of responsibility
Support other committees
to accomplish City Council
Priorities
Provide direction, scoping, etc. to other
committees on their City Council priorities to
enable use by Commission and focus of work
Address specific public
comments on draft LDRs
Refer review of street types to Bike/Ped
Committtee and consideration of exempting
restoration projects, tree ordinance, and soil
conservation to Natural Resources Committee;
update LDRs with adjustments in response to
public comments; exempt parcel from Master Plan
requirement if subdividing only for conservation
Task to
committees;
identify
small
changesMedium Projects/TasksSmall Projects/Tasks Etc.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner and Paul Conner, Director of Planning & Zoning
SUBJECT: Transfer of Development Rights Policy Initial Discussion
DATE: March 22, 2022 Planning Commission meeting
At this meeting, the Commission is invited to discuss and provide guidance on updates to the Transfer of
Development Rights program.
A brief historical summary:
• One of the Report commissioned by the City Council as part of Interim Zoning was an assessment and
recommendations on the City’s Transferable Development Rights. The Final Report of the TDR IZ
committee is here:
https://cms6.revize.com/revize/southburlington/Planning/Project%20Docs/TDR%20IZ%20Analysis%20Report%20F
inal%20with%20supplemental.pdf
• In January and February of 2020, the Planning Commission reviewed the final Report and, following
discussion, voted 6-0 to approve a series of recommendations on the Commission’s work as a path
forward on items 1-6 therein. See below, and also linked here:
http://sbvt-records.info/WebLink/DocView.aspx?id=89120&dbid=0&repo=SBurl
• In the set of amendments that were adopted by City Council in February 2022, several changes affecting
TDRs took place:
o Hazards as defined were removed from the calculation of “sending” TDRs
o Some land zoned SEQ-NR were changed to become SEQ-NRP, resulting in affected land changing
from being “receiving areas for TDRs” to becoming additional “sending areas for TDRs”
o Restructuring of zoning on parcels under 4 acres in size within receiving areas capped maximum
density at 1.8 units per acre (with the use of TDRs/Inclusionary Zoning, for development above 1.2
units per acre), below prior maximums.
o Within the SEQ, TDRs may be used to achieve densities above the “base density” in Conservation
PUDs and, where allowed, TNDs. The triggering requirements are the same as under the prior
zoning, but maximum allowed will be determined based on the PUD type.
• In December 2021, the Commission provided guidance on the next priority geographic areas to focus on
for infill/redevelopment. The Commission’s direction was to first look to mixed residential/commercial
areas, including the Shelburne Road corridor, parts of Williston Road, and parts of Kennedy Drive (in
particular near the intersection of Hinesburg Road). The focus of that meeting was on outcomes, not
tools.
• In Jan/Fed 2022, the Commission created the “General PUD” tool, as well as established minimum
requirements for Site Amenities associated with all new site plans in the City.
2
With the above as backdrop, staff has outlined the following set of policy questions to guide the Planning
Commission’s discussion of the goals and needs of the TDR program. They are organized around the
Commission’s February 2020 guidance. Please consider these questions and discuss. The policy decisions
made by the Commission will guide the Staff in editing and updating the TDR program language itself.
1. Expand the applicable Geography of the Transfer of Development Rights Program outside the SEQ.
2. Expand the TDR Marketplace to establish Receiving Areas outside the SEQ in areas targeted for
greater intensity development.
a. Determine areas where TDRs can positively affect the marketplace in receiving areas
b. Consider how TDR density bonuses could be set for where appropriate or possible - number of
bonus dwelling units per acres and/or amount of coverage residential zones, and/or
additional coverage and/or building bulk in commercial/industrial zones.
c. Consider bonuses for dwelling unit or non-residential building size, height, etc.
For Commission discussion: The Commission expressed strong interest in supporting additional
residential density along Shelburne Road, parts of Williston Roads, and parts of Kennedy Drive in
December. This can be accomplished with or without the use of TDRs.
A. Does the Commission wish to use TDRs as a tool to allow for additional residential density in these
mixed-use areas?
• The Commission could incentivize their use in this mixed use areas by allowing a TDR to count
for more than one dwelling unit. (eg, one TDR gets you 2 or 3 dwelling units) What are
Commissioners’ thoughts on this?
• TDRs can be used, today, to achieve additional lot coverage (but not building coverage) within
the Urban Design Overlay District. Are Commissioners comfortable with these tools being able
to be paired, or should it be just one or the other allowed on a given site?
• Finally, IF residential density is to be able to be increased, are there other related policies that
the Commission would want to have considered as part of this allowance at this time?
B. The Commission previously indicated that while there are other possible geographic areas where
TDRs could be used (such as industrial areas, or existing residential neighborhoods), those should be
addressed at a later time. Is that the continued perspective of the Commission?
3. Consider establishing additional optional Sending Area and/or Parcels from throughout the City,
including:
a. Parcels identified by the Open Space IZ committee as priority for conservation. At this point
doing this would not conserve those parcels and/or areas but would give the owners a choice
to conserve by selling TDRs, an option they do not have at present. This would not change the
zoning for these parcels/areas.
b. Areas designated as Level 1 Resources (Habitat Blocks & Steep Slopes 15-20%)
For Commission discussion: The Commission elected, in the round of amendments adopted in February
2022, to use other tools to provide value to land placed within the Level 1 resources (ie, Conservation
PUDs). Paraphrasing, Commissioners also alluded to a priority of assuring that current TDR sending areas
have markets for receipt before establishing any new sending areas. Are Commissioners in concurrence
with this approach?
3
4. Consider basing the number of TDRs on a particular parcel (the area used to calculate the number
of TDRs) on acreage that excludes natural resources designated as hazard areas.
Staff note: this change took place in the amendments adopted February 2022.
5. In making determinations, strive to establish a balance between capacity for TDR usage and the
supply in order to create a fair and well-functioning TDR market.
a. Estimate projected supply of sending areas land and TDRs available
b. Estimate the potential market demand of proposed receiving areas
c. Consider modifications to the TDR formula in receiving and/or sending zones
6. Collaborate with City Committees including the Affordable Housing Committee to find ways to
service housing & conservation goals through tools available.
For Commission discussion: #5 and #6 are Commission-endorsed approaches to the decision-making
above. Do Commissioners have anything to add as the TDR work is undertaken?
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
8 MARCH 2022
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 8 March 2022, at 7:00
p.m., in the Auditorium, City Hall, 180 Market Street, and via Go to Meeting remote technology.
MEMBERS PRESENT: T. Riehle, M. Ostby, Acting Chair, M. Mittag, P. Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planner; D. Peters, N.
Hyman
1. Instructions on exiting the building in case of an emergency:
Ms. Ostby provided instructions for emergency exit.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Mr. Mittag advised that the Climate Action Committee will meet on March 10th. Ms. Ostby said she
heard that at the State level there is enhancement to the current use program. People don’t have to
forest or harvest their land, just take care of it.
Mr. Conner: The City has hired Tom DiPietro as the new Public Works Director. He is the top
stormwater person in the State
UMall is under new ownership with some very dynamic people who are excited to
something great there. They are the same people who own Staples Plaza (not the land). They are
looking at 24/7 mixed uses.
The City Council has let the mask mandate expire. Masks are still “encouraged” at City-
owned buildings.
5. Commissioners’ Reports from Committees:
Mr. Engels: The Airport Rezoning Task Force has asked the consultant to provided 3 scenarios: a
“no” response, a “do nothing,” response, and a “what can be done” response. The City’s legal staff is
being asked to look into the “taking” issue. Ms. Peterson advised that she is working with the Deputy
City Attorney on this.
2
6. Official Map: Review proposed updates to Citywide Official Map and possible action to
approved Planning Commission Report and warn public hearing on proposed amendments:
a. OM-22-01: Add bike/pedestrian connections between planned I-89 bike/pedestrian
bridge and Dorset Street, Williston Road, and Quarry Hill Road
Mr. Mittag moved to warn for a 12 April 2022 public hearing amendment to the Official Map OM:22-01
to add bike/ped connections between planned I-89 bike-ped bridge and Dorset Street, Williston Road
and Quarry Hill Road. Mr. Riehle seconded. Motion passed 4-0.
7. Discussion of possible use of ARPA funds:
Mr. Conner explained that the city received about $4,500,000, some of which has already been
allocated. Committees have been asked to provide any specific interests for use of those funds. He
asked members if they had any thoughts on this.
Mr. Riehle suggested lighting on Kennedy Drive and a place to plant trees. He suggested 3 “buckets”
with 1/3 for housing, 1/3 for parks, and 1/3 allocated for the future.
Ms. Peterson suggested members consider who/what they are targeting to support with these one-time
funds.
Mr. Engels suggested something completely new such as an anti-poverty program so no one is hungry
and everyone has a place to live.
Ms. Ostby suggested looking at the aging infrastructure in the city in conjunction with the schools. She
also suggested something the community could use in its “off hours.”
Mr. Mittag suggested more school buses so fewer kids are driving to school.
Mr. Mittag said that money wouldn’t go very far, and the city probably couldn’t spend it by 2026.
Mr. Engels said it would be nice if they could say no money for studies or consultants.
Mr. Hyman suggested concentrating on incentivizing/promoting the new City Center, helping to
revitalize UMall, and demolishing the parking lot and Sears. He suggested it could be zoned as
residential with beautiful apartments.
Ms. Ostby suggested something that would promote job creation.
Mr. Conner suggested something like a commercial kitchen where home-based kitchens could grow
incrementally.
3
It was noted that the City of Burlington is providing a one-time property tax credit to those who meet
certain qualifications.
Mr. Riehle moved to suggest a 3-bucket plan for ARPA funds with 1/3 for housing, 1/3 for open
space/parks, and 1/3 for a future undetermined use. Mr. Mittag seconded. Motion passed 4-0.
6. Begin 2024 Comprehensive Plan process: discussion of areas of focus and update:
Ms. Peterson asked what areas they might emphasize or de-emphasize.
Mr. Mittag said they are out of sync and should have done the Comp Plan first, then the LDRs. He felt it
would be hard to get in sync now.
Ms. Peterson said the Comp Plan can direct changes to the LDRs in the future. She suggested setting
priorities and a structure in place during May and June, then using July ’22 through July ’23 for
information gathering, tasking committees, writing drafts/getting feedback, and public outreach
(including workshops). She noted the new plan has to be adopted by February, 2024, so the City Council
should adopt it by the end of 2023. This means the Planning Commission should have a draft by August,
2023.
Mr. Engels felt the plan should be more definitive and authoritative. Mr. Mittag said it is “inspirational”
for the community, but he didn’t feel it had served the community well enough.
He felt the core of it should focus on climate mitigation and land use changes to support that as well as
focusing on safety/health of the community.
Mr. Riehle suggested they address other things on their plate (e.g., TDRs) first. Ms. Peterson said they
are very high on the list for the next few months.
Mr. Riehle said they should make it clear that with regard to the Regional Planning Commission, South
Burlington is making its own decisions.
Mr. Engels questioned whether Williston Rd. should be a priority since it provides a route for people to
drive through South Burlington.
Ms. Peterson noted that the Comprehensive Plan is also used by those who are funding grants to
determine what the city’s priorities are. She emphasized that policy statements should be made clearly.
Mr. Riehle cited how difficult it is to get speed limits lowered. Mr. Conner said the state will move the
needle a little if the community is clear.
Ms. Ostby cited the need to provide “teeth” for the Chamberlin neighborhood, so that people will want
to remain there and call it their “forever home.”
4
Mr. Mittag cited what immigrants have done to revitalize Burlington’s north end. Mr. Conner noted that
equity will be a key piece of the plan.
8. Consider Street Name Requests for the O’Brien Eastview Neighborhood:
Mr. Conner suggested switching Mabel Way for Barn Way and shortening Potash Brook Way to Potash
Way.
Mr. Mittag moved to accept the applicant’s proposal with staff’s recommendations. Mr. Riehle
seconded. Motion passed 4-0.
9. Minutes of 11 January and 25 January 2022:
Mr. Mittag moved to approve the Minutes of 11 and 25 January 2022 as presented. Mr. Engels
seconded. Motion passed 4-0
10. Other Business:
Notice of Shelburne Selectboard on Interim Zoning Amendment
Mr. Conner noted that Shelburne is considering an Interim Zoning to limit the height of buildings in their
Form Based Code area to 2 stories.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 8:44 p.m.
___________________________________
Clerk
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
23 FEBRUARY 2022
1
The South Burlington Planning Commission held a regular meeting on Wednesday, 23 February
2022, at 7:00 p.m., in the Auditorium, City Hall, 180 Market Street, and via Go to Meeting
remote technology.
MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Ostby, M. Mittag, P. Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planner; J.
Bellavance,
1. Instructions on exiting the building in case of an emergency:
Ms. Louisos provided instructions on emergency exit from the building.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Ms. Louisos advised that Mr. Gagnon will be leaving the Commission due to his work/travel
schedule. Ms. Ostby said it would help is the Commission discussed what he brought to the
table and to ask the Council to consider that. Mr. Conner noted that the City Manager will be
putting together a structure for that across the board. She also noted that reappointment s will
happen a bit earlier this year.
Mr. Conner noted that the city will be migrating tech-wise to Office 65. The first step will be to
move the South Burlington email addresses. Members will be contacted to be sure this works
for them.
Mr. Engels noted that the Airport Rezoning Task Force held 2 hours of public testimony. People
in general do not support a zoning change. Mr. Engels also noted there is a group in the City of
Burlington associated with their City Council who have a “no Airport expansion” organization.
The outcome of that will depend on the Burlington election.
2
Ms. Ostby asked about the protocol for Commission members weighing in on issues. Ms.
Louisos said it is best if members indicate they are speaking as individuals, not as Commission
members.
5. Review of Draft Amendments to the LDRs related to a General Private Space/Site
Amenity requirements, and design standards in Site Plans:
Ms. Louisos said the hope is to warn this for public hearing at the end of tonight’s discussion.
Mr. Mittag asked about orient a building for maximum solar exposure. Ms. Louisos said there
are other areas where there is discussion about encouraging solar. Mr. Mittag said there is no
point in using “encourage” because it will be ignored. It should say required.
Mr. Conner said in that instance, he didn’t see an issue. There is also a concern with orienting
buildings to site amenities, but the concern is not to have buildings be haphazard without a
purpose.
Ms. Ostby read from the Comprehensive Plan regarding heavy landscaping facing the street on
Kennedy Drive. She felt that should be honored. Mr. Conner said there may not be many
neighborhoods involved. He did note that the O’Brien neighborhood did keep to some of that
requirement. Ms. Ostby said she was thinking of the corner of Hinesburg Road/Kennedy Dr.
Ms. Ostby also referred to pedestrian orientation and asked if there can be differentiation
between when it’s on a major arterial and when it’s on a smaller road. Ms. Louisos suggested
adding “safety” to “connections and walkability.”
Regarding civic space/park, Mr. Riehle said he thought a quarter of a mile distance may be a
long way for the elderly or others with special needs.
Ms. Ostby said she was concerned with a 50% credit if people have to cross a major road to get
to a civic space/park. She felt there has to be a safe way to get there.
Mr. Conner suggested saying 500 feet and not requiring crossing a 4-lane road. Members
agreed to that language.
Ms. Peterson reminded members there is still a need of on-site open/civic space.
Ms. Ostby asked whether civic space would be for residents only or open to anyone going by.
Mr. Conner said it depends on the use. Mr. Mittag said if it is private property, they can
exclude the public if they choose.
3
Ms. Ostby said she was pleased with the private balconies. Mr. Conner said they added two
amenities: private balconies and an “indoor/public space.”
Mr. Mittag questioned the requirement of no less than 100 sq. ft. of open space per unit for any
number of units. Ms. Peterson said that comes from the Form Based Code. Ms. Louisos felt
they should keep it because it is consistent with Form Based Code. Mr. Mittag felt that was a
mistake but could live with it. Members agreed to keep it.
Under “authority limitations,” Mr. Mittag asked about the use of Inclusionary and TDRs for
additional density. Mr. Conner said that can be added. Ms. Louisos asked whether this should
be “planned density.” Mr. Conner said that might be too subtle. Mr. Mittag suggested adding
the word “maximum” density. The following language was suggested: “…incorporate a density
that supports a walkable, mixed use development in a manner that is compatible with the
surrounding neighborhood.”
Mr. Mittag said that the last “bullet” should be #1. Other members agreed. Members agreed
that compatibility with the Comp Plan should be #1 and Affordable Housing #2.
Ms. Ostby referred to the “housing mix” and recommended that if it is a large apartment
building, there should be a requirement for varying numbers of bedrooms. Mr. Conner said
that may be hard to reconcile with Inclusionary bedroom requirements. Ms. Louisos suggested
not being to prescriptive. Mr. Conner suggested including this dialog with the Affordable
Housing Committee.
Ms. Peterson noted there are parts of the city that have different types of housing needs. She
cited the student population as an example. Mr. Conner said it is very tricky to be tracking all of
this. The more that is required, the harder it gets to be sure it is done right.
Mr. Mittag said they are trying to be more flexible with the General PUD and suggested leaving
it as is for now.
Ms. Dooley said this is more complicated that she thought. She asked if there is room for
student housing close to UVM and whether the city has a priority for student housing. She is
still uncomfortable with buildings that have only studios and one bedroom units.
Ms. Bellavance supported a joint learning session with the Affordable Housing Committee as
big issues would benefit from shared learning.
Mr. Engels asked how high people can building in the city. M r. Conner said on Shelburne Road
it is 5 stories. Most of Form Based Code is also 5 stories but 6 in the area near City Hall. He
4
noted that the next jump would probably be to 8 because of the need for steel. Ms. Ostby said
the community would want to weigh in on that.
Ms. Ostby asked whether there are allowable uses they should add flexibility to. Mr. Conner
said there are a few topic areas such as cultural centers, food producers, cannabis sales.
Regarding the NC-R7, Mr. Mittag felt they shouldn’t fiddle around with that. They made a
decision the landowners don’t like, but leave it that way and come back to it in the next round
of amendments. Mr. Conner said this is a somewhat unique situation for when the Commission
does elect to discuss, and staff feels there is some merit to thinking about it. It is a transition
area, but there is a question as to how you encourage development to be closer to the
Interstate. He suggested the possibility of something on both the east and west side of the
road. The property owner is very interested in seeing a transition in this area. Members
agreed not to address it in this round of amendments.
Regarding solar orientation, Mr. Conner showed the proposed language from other PUDs and
said that can be copied here. Members were OK with adding that language.
Ms. Louisos questioned what to do about Kennedy Drive landscaping. Mr. Conner suggested
:consistent orientation to the street and consistent setbacks. He also suggested saying a larger
setback on Kennedy drive and maintaining existing trees. Ms. Peterson said Kennedy Drive
does have a 100-foot right-of-way and requirement for a 50-foot setback. Mr. Conner felt that
covers the issue.
Members then reviewed the changes/additions from this meeting. Mr. Conn er noted they also
have to make a definition change where there are 2 definitions of “inclusionary units.” The old
one will be deleted. Member were OK with that.
6. Consider possible action to Public Hearing on proposed amendments to the Land
Development Regulations and approve accompanying Planning Commission Report:
Mr. Mittag moved to approve the report and warn a public hearing on regulations as modified
for 22 March 2022. Mr. Riehle seconded. Motion passed 5-0.
7. Meeting Minutes of 8 February 2022:
Ms. Louisos moved to approve the Minutes of 8 February 2022 as written. Mr. Mittag
seconded. Motion passed 5-0.
8. Other Business:
5
Mr. Conner advised that last night the City Council had a dialog around how they would like to
see the ARPA money spent. Some of it will go for Affordable Housing. They would welcome
input on other suggestions.
Ms. Ostby suggested a fund for owner-occupied condos.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:13 p.m.
___________________________________
Clerk
www.shelburnevt.org
Town of Shelburne, Vermont
CHARTERED 1763
P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482
Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number
(802) 985-5116 (802) 985-5111 (802) 985-5118 (802) 985-5115 (802) 985-5110 (802) 985-9550
SHELBURNE PLANNING COMMISSION
Pursuant to 24 VSA § 4441, the Shelburne Planning Commission will hold a public hearing at 7:00 P.M. on
Thursday, April 14, 2022 at Shelburne Town Offices to consider amendments to the Zoning Bylaw and
Subdivision Regulations:
Purpose: Proposal implements goals expressed in the Shelburne Comprehensive Plan (2019) to support
Land Use and Economic Development in Shelburne through placemaking: activation of the Town’s outdoor
spaces.
Geographic Area affected: Entire Town.
Articles/Sections of Zoning Ordinance affected:
1980.11 – new section: Conduct of Outdoor Business Activity, “Outdoor public/private space
activation”
Place where text may be examined: The full text is available for review in the Shelburne Planning and
Zoning Office during regular business hours, on the Town website, and via email
<agravitz@shelburnevt.org>.
To participate: This will be a hybrid meeting. To participate via Zoom:
Join PLANNING COMMISSION Zoom Meeting
https://us02web.zoom.us/j/88116839405?pwd=SVRGdlVEN2U5ZkxxVzdsTE1WODRhdz09
Meeting ID: 881 1683 9405
Passcode: rWB9yp
Dial by your location
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www.shelburnevt.org
REPORT OF THE PLANNING COMMISSION
REGARDING PROPOSED ZONING AMENDMENTS
WARNED FOR A PUBLIC HEARING ON April 14, 2022
Pursuant to 24 VSA 4441, the Planning Commission shall prepare a report to accompany proposed zoning amendments
addressing how any proposal:
Conforms with or furthers the goals and policies in the Town Plan, including the availability of safe and
affordable housing;
Is compatible with future land uses and densities of the Town Plan; and
Carries out, as applicable, specific proposals for planned community facilities.
The proposal presented in this package relates to implementing the goals as expressed in the Shelburne Comprehensive
Plan (2019) to support Land Use in Shelburne and Economic Development through placemaking: activation of the
Town’s outdoor spaces.
Land Use in Shelburne p. 8
Goal: Pursue future land use based on the principles of “placemaking.” Placemaking is the process of creating
quality places where people want to live, work, play and learn. Thus,
the explicit aim of the future land use section of this plan is to promote the creation of quality places that
combine:
a) Appropriate physical form (i.e., development occurs at a
human scale and is pedestrian oriented),
b) A mix of land uses and functions, and
c) A mix of social opportunity.
Economic Development in Shelburne p. 52
Encourage town residents and businesses to utilize local service providers (professionals, trades, etc.) in order to
support local businesses efforts.
The proposal presented in this package is the First Recommendation listed in the Town of Shelburne Economic
Development Report (2021) p. 3
Recommendations:
1. Make the current Interim Bylaws for Outdoor Business permanent. Residents highly value local businesses,
and they would like to see more small businesses, especially restaurants. Help your local businesses thrive
by allowing them to advertise with flexible signage, hold outdoor sales events, lower restaurant parking
/table ratios, and allow open dining areas. In essence, don’t require your local businesses to “hide” their
businesses; let people see what they have to offer.
This proposal makes permanent an interim bylaw that was supported and enjoyed by the town for the last two years.
To be reviewed by the Planning Commission as a part of its public hearing on April 14, 2022.
www.shelburnevt.org
Article 1980.11
Conduct of Outdoor Business Activity
“Outdoor public/private space activation”
1. Purpose
The purpose of this bylaw is to protect the general public health and welfare, enhance community vitality, and provide
for orderly physical and economic growth of the Town of Shelburne, by allowing commercial establishments to conduct
business outdoors, and in more flexible manner.
2. Applicability
Subject to zoning permit, this bylaw applies to all restaurants, retail, and service establishments throughout the Town of
Shelburne.
3. Specific Provisions
A. Restaurants may create areas for outdoor dining in front, side, or rear yard areas that do not conflict with
adjoining land uses, public sidewalks, or other required parking spaces or traveled ways. Reasonable provision
shall be made for separation between dining areas and areas reserved for motor vehicle travel. Dining areas
shall not interfere with pedestrian travel or emergency vehicle access. No additional parking shall be required
for outdoor seating beyond what is or has been required for regular, year-round indoor dining.
B. Outdoor seating is exempt from the setback requirements of the underlying zoning districts and may use the
public sidewalks, but shall not interfere with pedestrian travel by maintaining a 5-foot wide continuous pathway;
and shall not reduce the number of on-site required parking spaces for the restaurant by more than 50%. At no
time shall outdoor seating or food trucks interfere with pedestrian or emergency access.
C. Outdoor Provision of Services:
Any service establishment may provide their service outdoors. Outdoor provision of services shall be permitted
to use the public sidewalks but shall not interfere with pedestrian travel by maintaining a 5-foot wide
continuous pathway and shall adhere to the setback requirements of the underlying zoning district; and shall not
reduce the number of on-site parking spaces for the specific business by more than 50%. At no time shall the
provision of services interfere with emergency access.
D. Outdoor Displays of Merchandise:
Any business holding a valid permit to operate a retail store or restaurant may erect a display of goods offered
for sale, or a display which is designed to promote the sale of goods, including produce, products, goods,
equipment, prepared food or commodities, outside a building without meeting the area restrictions provided in
the Shelburne Zoning Regulations. Outdoor displays of merchandise shall not interfere with pedestrian travel by
maintaining a 5-foot wide continuous pathway and shall not reduce the number of on-site parking spaces by
more than 50%. At no time shall outdoor displays interfere with emergency access.
E. Temporary Tents for Outdoor Seating, Displays of Merchandise or Provision of Services: Temporary tents may
be erected on site, as long as it does not interfere with required parking or pedestrian or emergency access.
Tents shall not be located closer than five feet to the side and/or rear property lines.
www.shelburnevt.org
In no case shall any combination of these provisions interfere with emergency services or reduce the number of
parking spaces currently in existence by more than 50%.
All other provisions of the Shelburne Zoning Regulations shall remain in effect.
4. Enforcement of these Bylaws shall be as provided for in Title 24 of State Statute and the Shelburne Zoning
Regulations.
5. In accordance with 24 V.S.A., Section 4464(c), administrative review of applications is hereby required Department of
Planning and Zoning staff may review and approve such permit applications.
Memorandum
To: The City of Burlington Planning Director
The City of South Burlington Planning Director
The Town of Colchester Planning Director
The Chittenden County Regional Planning Commission
The Vermont Department of Housing and Community Development
From: Eric Vorwald, AICP
Planning and Zoning Manager
RE: Report on Proposed Amendments to the City’s Unified Land Use and Development
Regulations including Section 2.4, Section 4.12, Section 5.14, and Article IX
DATE: March 15, 2022
________________________________________
Enclosed with this memo, please find proposed amendments to the City of Winooski’s Unified Land
Use and Development Regulations. The amendments relate specifically to:
• Section 2.4 – Land Use Table
• Section 4.12 – Parking, Loading, and Service Areas
• Section 5.14 – Incentives for Priority Housing
• Article IX – Definitions
The City of Winooski’s Planning Commission will hold a public hearing on Thursday, April 14, 2022
beginning at 6:30pm to take public comments on the proposed amendments. This hearing will be held
by electronic means only using Zoom Webinar. Use https://us06web.zoom.us/j/81245377221 to join
by computer or 646.558.8656 to join by telephone (toll charges may apply). If prompted, the webinar
ID for this meeting is 812 4537 7221. The hearing notice is also included with this memo for reference.
Please ensure this information is provided to the chair of your Planning Commission. Comments
related to these amendments should be submitted in writing to me by the close of business on Monday,
April 11, 2022.
PUBLIC HEARING NOTICE
AMENDMENTS TO THE CITY OF WINOOSKI
UNIFIED LAND USE AND DEVELOPMENT REGULATIONS
In accordance with 24 V.S.A §4441 and §4444, the City of Winooski’s Planning Commission will hold a
public hearing on Thursday, April 14, 2022 beginning at 6:30 p.m. This hearing will be held by
electronic means only using Zoom Webinar. Use https://us06web.zoom.us/j/81245377221 to join by
computer or 646.558.8656 to join by telephone (toll charges may apply). If prompted, the webinar ID
for this meeting is 812 4537 7221.
Amendments to the Unified Land Use and Development Regulations
• Section 2.4 – Land Use Table
• Section 4.12 – Parking, Loading, and Service Areas
• Section 5.14 – Incentives for Priority Housing
• Article IX – Definitions
Statement of Purpose: The purpose of these amendments are as follows:
Section 2.4 – Updates to the use table to permit multi-unit dwellings in the residential zoning
districts under specific circumstances.
Section 4.12 – Amends the minimum parking requirements for non-residential zoning districts.
Section 5.14 – Establishes a new section related to priority housing projects.
Article IX – Adds a new definition for priority housing
Geographic Area Affected: The proposed amendments will apply to the entire City including all zoning
districts.
Section Headings Impacted: The following specific updates are included with these amendments:
Section 2.4 – Includes two footnotes and associated references for two-unit dwellings and
multi-unit dwellings in the Residential A, Residential B, and Residential C Zoning Districts as part
of Planned Unit Developments.
Section 4.12 – Removes the requirement for an additional .5 parking spaces for dwelling units
with three or more bedrooms when developed in a non-residential zoning district.
Planning Commission Public Hearing
ULUDR Amendments
April 14, 2022
Page 2 of 2
Section 5.14 – Adds a new section to Article V to provide incentives for priority housing as
identified by the City of Winooski. This includes developing multi-unit buildings in the residential
zoning districts, reduced parking requirements for specific dwelling units, and density bonuses
for specific dwelling units. This section also provides standards for affordable dwelling units to
be eligible for the incentives.
Article IX – Adds a new definition for priority housing.
The full text of these amendments is available at the Winooski City Hall, 27 West Allen Street, during
normal business hours or by contacting Eric Vorwald, AICP, City of Winooski Planning & Zoning Manager
by calling 802.655.6410 or evorwald@winooskivt.gov.
Memorandum
TO: Planning Commission
FROM: Eric Vorwald, AICP
Planning & Zoning Manager
RE: Report on Proposed Amendments to the City’s Unified Land Use and Development
Regulations including Section 2.4, Section 4.12, Section 5.14, and Article IX
DATE: April 14, 2022
________________________________________
This memo provides information related to proposed amendments to the City of Winooski’s Unified
Land Use and Development Regulations as discussed by the Planning Commission at their regular
meeting on March 10, 2022. These amendments specifically impact the following parts:
• Section 2.4 – Land Use Table
• Section 4.12 – Parking, Loading, and Service Areas
• Section 5.14 – Incentives for Priority Housing
• Article IX – Definitions
Background
Since the last comprehensive update to the City’s Unified Land Use and Development Regulations
(ULUDR) in 2016, the Planning Commission has been reviewing the document and proposing
amendments. The amendments currently under consideration help improve and clarify the
interpretation of the regulations, while also recommending amendments to better align with City
priorities. This latest set of amendments seeks to incorporate incentives for priority housing in the
City. This has been identified as dwelling units that are affordable, and dwelling units that have three
or more bedrooms per unit.
Purpose of Amendments
These amendments are being proposed to provide additional development options in specific
circumstances, and to update and incorporate specific changes related to priority housing. The
changes related to priority housing are being included as incentives and not mandates. Other
amendments are being included to support the new section for priority housing as identify by the City.
Memo to Planning Commission
Proposed ULUDR Amendments
April 14, 2022
Page 2 of 2
Proposed Amendments
Included with this memorandum are the proposed amendments to various sections of the Unified Land
Use and Development Regulations. Proposed additional text is shown in red and underlined. Text that
appears with a strikeout is proposed to be deleted. If specific sections are not included, no changes
are being proposed to those regulations.
Consistency with the Winooski Master Plan
The following information is provided to address the requirements of 24 V.S.A. §4441 regarding
consistency of the proposed amendments to the City of Winooski Master Plan, adopted March 2019.
Specifically, statute requires municipalities to consider three parts when reviewing proposals for new
or amended bylaws. These considerations include:
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 City updated their Master Plan in 2019. The master plan includes multiple components that
discuss the development of safe, affordable housing. The Master Plan also strives to establish
housing options to allow families or family units to grow and expand within the City. The
proposed amendments seek to specifically incentivize both affordable dwelling units and
dwellings with three or more bedrooms; and directly support the goals and policies outlined in
the City’s Master Plan.
2. Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments include incentives for priority housing. These amendments
maintain future land uses and densities as outlined in the City’s Master Plan including the Future
Land Use Map. While the changes would allow for multi-unit dwellings in the residential zoning
districts, the density would only be marginally increased through the establishment of
affordable dwellings and dwellings with three or more bedrooms; both of which are identified
as priority housing in the City.
3. Carries out, as applicable, any specific proposals for any planned community facilities.
No specific proposals for community facilities are planned that would be impacted by the
proposed amendments. Specifically, the proposed amendments are included as incentives.
These amendments will not conflict with any future planned community facilities.
Developments that may be established due to these incentives will support existing community
facilities.
Article II – ZONING DISTRICTS | City of Winooski 8
ARTICLE I I - ZONING DISTRICTS
* * * * * * * * * *
SECTION 2.4 - LAND USE TABLE
LAND USE Residential A
R-A1
Residential B
R-B1
Residential C
R-C2
Central
Business
District
C-1
General
Commercial
C-2
Downtown
Core
DC
Gateway
Urban
General &
Storefront3
Gateway
Townhouse
Small
Apartment/
Detached
Residential3
Industrial
I
Public
P
RESIDENTIAL USES
Single Unit Dwelling P P P
See Part 4
of the
Form-
Based Code
See Part 4
of the
Form-
Based Code
Accessory Dwelling
Unit4 P P P
Two Unit Dwelling
(attached) See Note 9 P P CU
Detached Cottage CU CU CU
Multi-Unit Dwelling (3+
units)5 See Note 10 See Note 10 See Note 10 P CU P
Assisted Living &
Residential Care Homes P CU P P P
Bed-and-Breakfast
(B&B) CU CU P CU P P P
Family Child Care Home P P P P P P P P
Group Home6 P/CU P/CU P/CU P/CU P/CU P/CU P/CU P/CU
Home Occupation P P P P P P P P
COMMERCIAL USES
Adult Establishment CU
Alcohol Manufacturing
Facility CU CU CU P P
Animal Care & Boarding P
Bar CU P P
Brew Pub CU CU P P CU
Industry CU P P
Laboratory CU P
Lodging Establishment P CU P P
Office P P P P CU
Personal Service
Establishment P P P P
Retail Sales P P P P CU
Retail Sales,
Neighborhood
Commercial
CU CU P
Recreation &
Entertainment,
Commercial
P CU P P CU
Restaurant P P P P
Restaurant, Café CU CU CU P CU
Restaurant with Drive-
thru P
Vehicle Repair & Sales CU P P
Article II – ZONING DISTRICTS | City of Winooski 9
Notes:
1. Maximum dwelling units per lot in R-A and R-B shall be 2 total dwelling units no matter how it is configured in the allowable use types as listed
above (i.e. Two Unit Dwelling in R-B only, Single Unit Dwelling and Accessory Dwelling, or Single Unit Dwelling and Detached Cottage).
2. Maximum dwelling units per lot in R-C shall be 3 total dwelling units no matter how it is configured (i.e. Two Unit Dwelling and a Detached Cottage,
or Single Unit Dwelling and Accessory Dwelling and Detached Cottage).
3. Some of the FBC permitted uses are subject to specific Development and Performance Standards in Section 804 of the code in Appendix B.
4. One accessory dwelling consistent with Section 5.1 is permitted per lot.
5. Maximum density for Multi-Unit housing in C1 is 60 units/acre.
6. If a group home locates within 1,000’ of another group home it shall be subject to Conditional Use review and approval.
7. One accessory structure not to exceed 100 square feet per lot is exempt under Section 6.13, otherwise all applicable dimensional standards in Section
2.5 shall apply.
8. Supporting Use shall be limited to “uses” such as administrative offices or services t hat relate to the “primary” use of the site/parcel and shall be
operated (solely) by the property owner or owner representative for the purpose of providing services to the site. Supporting Uses may be
incorporated into an existing structure or in a standalone structure provided the dimensional requirements of Section 2.5 are met.
9. Two-unit dwellings are permitted in the R-A Zoning District if proposed as part of a Planned Unit Development consistent with the standards of
Section 5.14 and Section 6.3. Otherwise, two-unit dwellings are not permitted in the R-A Zoning District.
10. Multi-unit dwellings are permitted in the R-A, R-B, and R-C Zoning Districts if proposed as part of a Planned Unit Development consistent with the
standards of Section 5.14 and Section 6.3. Otherwise, multi-unit dwellings are not permitted in these districts.
LAND USE Residential A
R- A1
Residential B
R- B1
Residential C
R- C2
Central
Business
District
C-1
General
Commercial
C-2
Downtown
Core
DC
Gateway
Urban
General &
Storefront3
Gateway
Townhouse
Small
Apartment/
Detached
Residential3
Industrial
I
Public
P
CIVIC & PUBLIC USES
Association, Fraternal
Organization, Social
Club
P CU P P P
Crematorium P P
Cultural Facility P CU P P P
Daycare Facility CU CU CU P P P P P P P
Education Facility CU CU CU P P P P P P P
Funeral Home P P P P
Healthcare Facility P CU P P
Recreation &
Entertainment, Non-
Commercial
P P P P CU P P P CU P
Religious Facility P P P P P P P P P
OTHER
Accessory Structure7 P P P P P P P P P P
Supporting Use8 CU CU CU P P P P CU CU CU
Article IV – GENERAL USE REGULATIONS | City of Winooski 34
ARTICLE I V - GENERAL USE REGULATIONS
* * * * * * * * * *
SECTION 4.12 - PARKING, LOADING A ND SERVICE AREAS
A. Intent. These parking standards are intended to:
1. Enable people to conveniently park and access a variety of commercial, residential, and civic
enterprises in pedestrian friendly environments by encouraging shared parking.
2. Reduce fragmented, uncoordinated, inefficient, reserved single-purpose parking.
3. Avoid adverse parking impacts on neighborhoods adjacent to redevelopment areas.
4. Maximize on-street parking where available.
B. Applicability. These parking requirements shall apply only to uses and buildings newly construct ed,
changed, extended, or restored and shall not apply to those uses and buildings lawfully repaired or
improved where no increase in gross floor area or change of use is made. The regulations in this section
shall apply to all Zoning Districts except the Downtown Core District; and only Section 4.12.C shall apply
to the Gateway Districts.
C. Minimum Reserved Parking Requirements.
1. The quantity of parking spaces to be provided in each development proposal shall be determined
based on the following requirements. When calculating the spaces required, a decimal shall be
rounded up to the nearest whole number.
Uses Base Parking Requirements
Residential in R-A, R-B and R-C districts 2.0 space/dwelling unit, except 1.0 space/accessory unit
Residential – in all other districts
1.0 space/dwelling unit + 0.50 space/3 bedroom or larger
dwelling unit + 1 space for every 4 units (calculated at
increments of 4)
Commercial (retail, restaurant, etc.) 3.0 spaces/1,000 sq. ft. of gross floor area
Hotel/B&B 1.0 space/room
Theater 0.25 spaces/seat
Industrial 3.0 spaces/1,000 sq. ft. of gross floor area
Office 4.0 spaces/1,000 sq. ft. of gross floor area
Article V – SPECIFIC USE STANDARDS | City of Winooski 53
ARTICLE V – SPECIFIC USE STANDARDS
* * * * * * * * * *
SECTION 5.14 –INCENTIVES FOR PRIORITY HOUSING
A. Intent. The intent of these regulations is to provide incentives for the development of dwelling units
that meet specific criteria as identified by the City to provide a mix of housing options for current and
future residents. The standards outlined herein are optional and not required to be included in any
application for land development.
B. Applicability. These incentives will apply to any dwelling units as identified under Section 5.14.D
regardless of the zoning district.
C. Definitions. For the purposes of this section, the following terms shall apply:
1. Affordable Housing – Affordable Housing shall mean housing that is owned or rented by
inhabitants whose gross annual household income is not more than 100% of the HUD Area
Median Family Income (HAMFI) for the Burlington-South Burlington Metropolitan Statistical Area
(MSA) as defined by the U.S. Department of Housing and Urban Development and the total cost
of the housing, including principal, interest, taxes, insurance, and condominium association fees,
if owned housing; or the total cost of housing, including rent, utilities, and condominium
association fees, if rental housing, is not more than 30% of the gross annual income.
2. HUD Area Median Family Income (HAMFI)1 – HAMFI is the median family income calculated by
HUD for each jurisdiction, in order to determine Fair Market Rents (FMRs) and income limits for
HUD programs. HAMFI will not necessarily be the same as other calculations of median incomes
(such as a simple Census number), due to a series of adjustments that are made.2
D. Qualifications. To qualify for the incentives identified herein, dwelling units shall meet all the applicable
standards listed below for Affordable Housing, Bedroom Count, or both.
1. Affordable Housing. Where housing affordability is included as part of the identified incentive,
the affordable dwelling units meet the following requirements:
a. Dwelling units shall be perpetually affordable to identified households as identified in
Section 5.14.D.1 for a minimum of 20 years regardless if they are offered for sale or rent.
b. The applicant shall contract with a housing authority, housing trust or other affordable
housing provider managing dwelling units in Chittenden County to ensure income
eligibility is maintained for tenants of the qualifying units.
c. The applicant or owner of the project shall annually submit to the City verification of
affordability and income qualification for the units. This provision shall be waived if the
management of the qualifying units, including leasing, is contracted to, or supervised
by, a provider as identified under Section 5.14.D.1.b.
d. If the owner of a proposed project is an affordable housing provider as outlined in
Section 5.14.D.1.b, the requirements of Section 5.14.D.1.c shall be waived provided
ownership in the project is maintained for the duration of affordability as described in
Section 5.14.D.1.a.
1 HAMFI definition taken from https://www.huduser.gov/portal/datasets/cp/CHAS/bg_chas.html
2 Methodology on HAMFI adjustments at https://www.huduser.gov/portal/datasets/il/il18/Medians-Methodology-FY18r.pdf
Article V – SPECIFIC USE STANDARDS | City of Winooski 54
e. Documentation indicating compliance with Section 5.14.D.1.c shall be submitted to the
City with the application for development. This shall include but not be limited to:
i. A list of units including the number of bedrooms and the rents to be charged per
unit or unit type and corresponding median income levels associated with the
unit size or type.; or expected mortgage payment with any condominium
association fees, and utilities.
ii. The name, address, and primary contact of the housing authority, housing trust,
or affordable housing provider as outlined in Section 5.14.D.1.b if different from
the applicant or owner of the project.
iii. Draft documents, to be recorded in the City’s Land Records, designating the
dwellings as affordable for the duration identified in Section 5.14.D.1.a.
iii. Other information as necessary to ensure the standards of Section 5.14.D.1. have
been met.
2. Bedroom Count. Where bedroom count is included as part of the identified incentive, the
dwelling units shall have a minimum of three bedrooms per unit.
a. The applicant shall provide architectural plans prepared by a qualified design
professional or similar entity in a clearly legible format.
b. Submissions shall include a level of detail sufficient to ensure the existence of no less
than three bedrooms of a size consistent with the minimum housing standards as
outlined in Chapter 9 of the City’s Municipal Code or other applicable regulations are
included in each unit.
3. Applicants are encouraged, but not required, to utilize both the affordability and bedroom count
components of these incentives.
E. Calculation of Housing Affordability. For the purposes of determining affordability, the following shall
apply:
1. Household size will be established using the formula set by the U.S. Department of Housing and
Urban Development based on the number of bedrooms in a dwelling unit.
2. The household size determined by the number of bedrooms and the actual household size do
not need to be the same.
F. Incentives. The following incentives may be utilized for projects that propose qualifying dwelling units
as described in Section 5.14.D.
1. Planned Unit Developments. Planned Unit Developments, as outlined in Section 6.3, are eligible
for the following incentives.
a. Projects proposed in the Residential A (R-A), Residential B (R-B), or Residential C (R-C)
Zoning Districts that include dwelling units with three or more bedrooms per unit or
affordable units as outlined in Section 5.14.D may configure these dwellings in multi-unit
buildings based on the following.
i. Projects in the R-A or R-B Zoning Districts may configure buildings with up to
four units per building.
ii. Projects in the R-C Zoning District may configure buildings with up to six units
per building.
b. A minimum of 50% of the dwelling units included in any individual building shall meet at
least one of the qualifications as outlined in Section 5.14.D.
Article V – SPECIFIC USE STANDARDS | City of Winooski 55
c. All other standards and requirements for Planned Unit Developments, as outlined in
Section 6.3 shall still apply.
2. Minimum Parking. Qualifying dwelling units in the Gateway, Central Business District, General
Commercial, or Downtown Core Zoning Districts that meet both of the standards included in
Section 5.14.D shall be eligible for exemptions or reductions to the minimum parking standards
outlined in Section 4.12 as follows:
a. Up to 20%, but no more than four qualifying dwelling units included in a development
will be exempt from the minimum parking standards of Section 4.12.
b. Qualifying dwelling units shall not be excluded from having access to parking on-site.
3. Density. Qualifying dwelling units in the Residential A, Residential B, or Residential C Zoning
Districts that are proposed as part of a Planned Unit Development that meet both of the
standards included in Section 5.14.D may be eligible for additional density as follows:
a. Projects located in the Residential A Zoning District shall be eligible for .5 additional
dwelling units per lot included in the project.
b. Projects located in the Residential B Zoning District shall be eligible for .75 additional
dwelling unit per lot located in the project.
c. Projects located in the Residential C Zoning District shall be eligible for 1.0 additional
dwelling unit per lot located in the project.
d. Units included under this provision will be rounded up to the nearest whole unit.
e. Dimensional Standards outlined in Section 2.5 shall still apply.
* * * * * * * * * *
Article IX – DEFINITIONS | City of Winooski 88
ARTICLE IX – DEFINITIONS
Priority Housing: For the purposes of these regulations, priority housing shall mean dwelling units that have
been identified by the City of Winooski that are desired for development due to their size, bedroom count,
configuration, or similar elements. The desired housing may change from time-to-time based on the policies
and priorities of the City Council which may necessitate amendments to these regulations.