HomeMy WebLinkAboutAgenda - Planning Commission - 07/12/2022South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.southburlingtonvt.gov
Meeting Tuesday, July 12, 2022
City Hall, 180 Market Street, Auditorium
7:00 pm
Members of the public may attend in person or digitally via Zoom. Participation Options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://us06web.zoom.us/j/86145921631
• Telephone 1 929 205 6099; Meeting ID: 861 4592 1631
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. Election of Officers (Chair, Vice-Chair, Clerk), affirm regular meeting dates & times (7:10 pm)
5. Review and possibly request City committees consider items raised during public feedback on 2021/22
LDR amendments (7:20 pm)
6. Review of staff/DRB experience with updated Environmental Protection Standards; discussion of possible
minor adjustments (7:30 pm)
7. Consider requesting the Economic Development Committee examine future land use goals, objectives,
and regulations associated with the City’s Commercial/Industrial areas (8:05 pm)
8. *Minutes: May 24, 2022 (8:20 pm)
9. Other Business (8:50 pm)
a. *Petition to Vermont Public Utilities Commission by AT&T to modify telecommunications antennas
and equipment at an existing telecommunications facility owned and managed by American Tower
Corporation (“ATC”), on property owned by Gray Media Group d/b/a WCAX TV (“WCAX”), 30 Joy
Drive
b. *Burlington Planning Commission public hearing on proposed amendments to Burlington
Comprehensive Development Ordinance, July 26, 6:45 pm, Burlington City Hall, 149 Church St
c. Preparation for anticipated July 26 Joint Meeting with Council
10. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP, Director of Planning & Zoning
* 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.
2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting /
commenting will have their video on.
3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with
the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask
for public comment.
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 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
SUBJECT: Planning Commission Meeting Memo
DATE: For July 12, 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)
4. Election of Officers (Chair, Vice-Chair, Clerk), affirm regular meeting dates & times (7:10 pm)
Annually the Commission elects its officers and affirms its regulation meeting dates and times (2nd and 4th
Tuesdays, 7 pm, City Hall, except as modified for breaks and holidays).
Staff will run the election for chair. Paul will invite nominations. If there is more than one nominee, then
staff will ask the nominees if they are interested in serving. Staff will then call for a vote. A member may
move (seconded, and then voted upon) for ballots to be done in written form.
5. Review and possibly request City committees consider items raised during public feedback on 2021/22
LDR amendments (7:20 pm)
Among the work items on the Commission’s 2022-23 Work Plan is a “clean up of 2022 LDR amendments.”
Last winter, Commissioners identified some feedback that had been provided to the Commission during the
adoption process and wanted to have these followed up on by the appropriate entities. The list is below.
Staff recommends that the Commission identify whether these are policy or technical items. Policy items
would go to a committee technical matters would be provided to the appropriate department for
consideration. (For example, public works specifications have been removed from the LDR and are instead
are being brought together as a separate standards book led by DPW.
Staff further recommends that for policy items, the Commission determine which committee(s) they would
like to have review the item, a scope of that request, and an approximate timeline for recommendations to
be provided back to you.
• To Bike and Ped Committee = bike and pedestrian street type comments submitted by Donna Leban
and general re-review of the street type standards.
• To Natural Resource Committee = exemption of natural resource restoration projects from certain
standards*, tree ordinance/ large tree considerations, soil restoration/construction
conservation recommendations
*See next item on the agenda for environmental restoration projects.
6. Review of staff/DRB experience with updated Environmental Protection Standards; discussion of possible
minor adjustments (7:30 pm)
2
Since the new Environmental Protection Standards came into effect last winter, staff and the DRB have been
gaining experience with them and seeing trends, case studies, and in some cases new questions. Under the
category of “clean up from 2022 LDR amendments” we wanted to highlight some of these and seek
Commission input on whether you would like to see language for an amendment to address one or more of
these, or whether the intent is in fact being met as you anticipated. We’ll show examples of these at the
meeting.
• Wetlands. The 2022 LDRs included two significant changes to wetlands: expanding buffers from 50’ to
100’ for Class II wetlands (and from 100’ to 200’ in the event of any Class I wetlands); and removing
most allowances for impacts to wetlands or buffers outside the FBC district.
o What we’ve seen: The most common issue we’ve seen come up thus far has been the
implications of the expanded buffers into residential properties – rear yards, and in some cases,
across the homes, and in a handful of cases, the majority of lots created for residential purposes
but which have not yet been built upon. The result has been that we’ve had about a dozen
requests for expansions of decks, accessory structures, or house expansions that have required
(a) much more significant investigation and (b) in many cases either a denial or the offer of a a
challenging route requiring a professional field delineation paid for by the homeowner and a
possible submission to the DRB under the review criteria for impacts to existing lawn or
structures.
o For discussion: Commission direction on expanded wetland buffers into existing residential lots.
This subject wasn’t really discussed during the development of the Regulations.
• Wetlands in City Center. As noted above, there are very few instances where a wetland or buffer can be
impacted: the City Center Form Based Code District is one of them. Within the City Center FBC, all other
aspects of development review are subject to Administrative Review (ie, not the DRB). However,
wetland and wetland buffer impacts do require DRB review.
o What we’ve seen :We have had a few applications where as a result of the existing standard, a
project must go to the DRB only for the wetland review.
o For discussion: would the Commission be interested in seeing language that would allow for
proposed impacts to wetland buffers (or wetlands) to be reviewed administratively alongside
the rest of the site plan application?
• Types of Steep Slopes. The current regulations don’t distinguish between naturally occurring stee slopes
and constructed ones. When an existing site, such as some along Shelburne Road, have human-make
steep slopes on site, redevelopment or infill on that site may be prohibited.
o A handful of instances where constructed steep slopes, whether as a berm or other, may
disallow development
o For discussion: considering distinguishing between naturally-occurring steep slopes and
previously-constructed steep slopes
• Measurement of Steep Slopes. The threshold for a Steep Slope to be regulated is a minimum of 3’ of
drop. These can result in some very small areas that are off-limits to development.
o For discussion: LiDAR data creates very precise mapping of slopes, which is a double-edged
sword. It is accurate, but it includes very small areas. Some communities have used this date to
make their own map – one that captures the larger steep slope areas and removes the smaller
ones manually – and uses that as a basis for regulation. Applicants may also do a field study if
they believe we have erred. Would the Commission be interested in an approach like this?
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• Environmental Restoration Projects: We’re finding that there are ciurcumstances related to natural
resources that the regulations don’t account for in all cases. And so while the River Corridor standards,
for instance, have accommodations to address erosion control, the steep slope standards do not. There
is an allowance for environmental restoration projects in wetland buffers, but not in other cases.
o For discussion: would the Commission be interested in looking at how true environmental
restoration projects could be accommodated?
o ** note: this was provided as feedback also from members of the NRCC last fall and is on the list
above for them to possibly review.
7. *Consider requesting the Economic Development Committee examine future land use goals, objectives,
and regulations associated with the City’s Commercial/Industrial areas (8:10 pm)
In your FY’22, and not FY ‘23 work plan, is an item to work with the Economic Development Committee
to examine the needs of the City’s Commercial-Industrual Areas. As you know, we have several areas
zoned for these uses (Meadlowland, Tech Park, Gregoary Drive, Tilley Drive, Ethan Allen / Commerce
Ave, and Berard Drive, to name some). And the character of these varies dramatically even if the zoning
doesn’t.
Some key questions have arisen in the past few years that would be extremely useful to address both in
the 2024 Comprehensive Plan and updates to the Land Development Regulations. Among them:
• What are the characteristics of these areas that they City is seeking to support;
• What activities and uses that are not permitted in these areas that should be (or, conversely, that
are ONLY permitted in this areas but which should potentially be allowed to exist at smaller scales
elsewhere, such as a brewery)
• In today’s environment, what uses must still be separated from residential uses, and should the City
be “reserving” land for these specific uses even as we consider expanding allowances in some areas?
• What other regulatory modifications could be considered that would be consistent with the City’s
Comprehensive Plan, Climate Action targets, and Environmental Protection Standards?
For Commission consideration: would the Commission be interested in making a request to the
Economic Development Committee to explore these subjects? If so, staff would prepare a formal draft
request memorandum for your consideration and approval at your next regular meeting. That would
include a scope, a general timeline, and perhaps questions that the Commission has identified in
addition to the above.
8. *Minutes: May 24, 2022 (8:30 pm)
See enclosed minutes
9. Other Business (8:35 pm)
a. *Petition to Vermont Public Utilities Commission by AT&T to modify telecommunications antennas
and equipment at an existing telecommunications facility owned and managed by American Tower
Corporation (“ATC”), on property owned by Gray Media Group d/b/a WCAX TV (“WCAX”), 30 Joy
Drive
4
See enclosed petition documents. The Commission may elect to provide a letter of input to the
State’s Public Utilities Commission (PUC) or request the Council to do so. Note that as a project
before the PUC, the City does not have regulatory authority for review.
b. *Burlington Planning Commission public hearing on proposed amendments to Burlington
Comprehensive Development Ordinance, July 26, 6:45 pm, Burlington City Hall, 149 Church St
See enclosed proposed amendments.
c. Preparation for anticipated July 26 Joint Meeting with Council
This item is an opportunity for Commissioners to identify any prep materials or discussion prior to
the Joint Meeting. The Commission discussed this subject at its May 24th meeting and that will be
staff’s launching point for the joint meeting.
10. Adjourn (9:00 pm)
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
24 MAY 2022
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The South Burlington Planning Commission held a regular meeting on Tuesday, 24 May 2022, at 7:00
p.m., in the Auditorium, City Hall, 180 Market Street, and via Go to Meeting remote technology.
MEMBERS PRESENT: M. Ostby, Acting Chair; T. Riehle, M. Mittag, D. Macdonald, P. Engels, A. Chalnick
ALSO PRESENT: K. Peterson, City Planner; R. Dahlstrom
1. Instructions on exiting the building in case of an emergency:
Ms. Ostby provided instructions on exiting the building in case of an emergency.
Ms. Ostby then asked for a moment of silence for the victims of an elementary school shooting in Texas
earlier in the day.
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:
Mr. Dahlstrom said the new LDRs have adversely affected how he can use his property. He said he
hadn’t known that private property could be restricted by a city. He owns a 44-acre parcel which has
one home (his) on it. Prior to the new LDRs, 45% of the property was restricted. Now 95% is restricted.
He had thought the LDRs applied to developers, not to people like him. He noted that there is an airport
in the middle of the property.
Mr. Dahlstrom said the City Council passed the LDRs 3-2, even though they knew there would be
adverse effects for individual property owners. He said he does not want to develop his property; he
just wants to build one house for his son and family. He added that he doesn’t want to subdivide the
land as that would cost him close to $40,000. When he spoke to Mr. Conner, he was told he would build
a “tiny house” next to his home. He doesn’t want that. He then went to the City Council which said he
had to go to the Planning Commission. He felt the intentions were good, but that there were mistakes
made. He just wants to fix errors that affect people like him. His son has a builder lined up for the home
(the son is now serving with the National Guard in Germany).
Mr. Dahlstrom said he felt the regulations are made for developers, not for people like him. Ms. Ostby
asked if he is going to build in the 5% that is not NRP. Mr. Dahlstrom said that 5% is a stream/pond,
which is not zoned NRP.
Ms. Peterson suggested Mr. Dahlstrom make his request in writing to the Planning Department.
4. Planning Commissioner announcements and staff report:
2
Mr. Riehle noted a Wall Street Journal report regarding a company that is buying homes and using them
for rentals. They have already bought 300 homes which they are renting out. Ms. Peterson noted the
City Council has not taken up that issue yet, but it could come to the Planning Commission and could be
addressed in the Comprehensive Plan.
Ms. Ostby said she attended a graduation party for a UVM graduate who has been hired by Beta and is
staying in Vermont.
Ms. Peterson said there is nothing to add to the written report.
5. Transfer of Development Rights – Review and discussion of updated TDR Section draft and
related references in other sections:
Ms. Peterson noted that Article 19 was created as a new article because TDRs are no longer housed only
in the SEQ. The Article 19 draft is all new language. There are some changes to the April draft.
There are 2 options for public engagement: a regular public hearing or more engagement ahead of time.
Mr. Mittag suggested sticking with past procedures. Ms. Peterson said the question is whether you will
make substantial changes based on feedback (e.g., if developers say something won’t work). Ms. Ostby
said it isn’t out of the norm to do preliminary outreach, which she favors. There may be other strategic
ideas, and they should hear those, then look at the draft.
Ms. Peterson suggested a public hearing later in July. The date can always be moved out, if needed.
Mr. Mittag suggested changing the words “agricultural uses” to “agricultural lands.” In the purpose
statement, he suggested the language “…and to direct development to priority areas for development in
the city.” Ms. Peterson said she and Mr. Conner had discussed language and had landed on what is
presented. She added that it is important to recognize that TDRs do both: conserve and develop. Mr.
Macdonald was OK leaving the development part in there. Mr. Mittag said it sounds like “business as
usual.”
Mr. Mittag also suggested changing the 6 units per structure in the SEQ to 4 units. Mr. Macdonald said
the Commission had landed on those numbers to get some dense development in those areas. Ms.
Peterson noted that language is already in the approved LDRs.
Mr. Mittag said the Commission hasn’t done anything regarding the Interim Zoning Open Space Report.
He felt that parcels identified as “priorities” in that report shouldn’t be for receiving areas. Ms. Peterson
said there is a legal/defensible issue with having selected 25 parcels. She said there are other ways to
capture some of these parcels instead of picking out an arbitrary list of 25.
Mr. Chalnick asked whether there are receiving parcels in the draft that don’t need TDRs. Ms. Peterson
said there are very few. There are an indeterminate number that can be redeveloped. If that
happened, the TND would apply. Mr. Chalnick suggested that in a TND to build beyond the zoned
density, the developer would have to purchase TDRs. Mr. Macdonald said density in the TND is not a
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number; it is by building types. Mr. Chalnick suggested changing the LDRs in to make the TDRs required.
Ms. Peterson reminded members that developers get the added density now because they are
complying with a stricter set of regulations. Mr. Macdonald said they are already meeting a higher
standard, and he didn’t thing they should be asked for more.
Ms. Ostby said she would like to have clarification on where TDRs can be used in the SEQ. Ms. Peterson
said that can be provided.
Ms. Ostby said she was concerned that the challenges from developers don’t pertain to density but to
additional floors and to the fees. She suggested allowing purchase of TDRs to apply to additional floors.
Mr. Chalnick felt that was a good idea, if it is legal.
Ms. Peterson said height has been allowed for in various districts. There are regulations in some areas.
On Shelburne Road, there is a “stepping down” clause. Height also is dependent on what is on the
adjacent property. Allowing additional height would upset some of that. She also stressed that adding
additional metrics to the TDR program complicates the process for staff and for the DRB. Ms. Peterson
also noted that the LDRs don’t regulate “bulk,” and that would add another variable.
Ms. Peterson said staff looked at measurements on Shelburne Road. You can’t get additional height on
the east side because of the proximity to existing neighborhoods. There is also a view issue on the west
dies. She also noted that on Shelburne Road, buildings have not been built to the allowable height.
With regard to fees, Ms. Ostby suggested possibly recommending to the City Council that purchase of
TDRs can be offset. Ms. Peterson said she would relay that thought to the City Manager.
Ms. Peterson questioned whether to share the TDR document with other committees. Ms. Ostby
wanted to wait to find where TDRs are allowed in the SEQ and also to get an answer to the relationship
to TNDs. Ms. Peterson said that will push the public hearing to August.
Mr. Riehle asked how many usable TDRs there are. Ms. Peterson said about 1400. Mr. Chalnick said it is
hard for supply and demand to connect.
Ms. Peterson suggested reversing the order of the next 2 items. Members were OK with this.
6. 2004 Comprehensive Plan – Approach, Outreach, and Tentative Schedule:
Ms. Peterson said a schedule for the Comprehensive Plan and outreach has been provided. It includes
opportunities for non-traditional audiences to engage in the process. The hope is to get public input and
funnel it through committees to the Planning Commission. Ms. Peterson directed attention to the
outreach plan which includes: social media, The Other Paper, Recreation Department events,
community events, on-line poll, listening sessions.
4
Mr. Mittag said what is missing is a visioning session, professionally facilitated. The last time, they
ended up with charts all over the room which staff consolidated into a usable document. He added
there is nothing better than live participation.
Mr. Riehle suggested doing events in various neighborhoods. Mr. Engels said that worked well with the
Airport Task Force, and people in the Chamberlin neighborhood really responded. Ms. Peterson said the
hope is to engage with as many people as possible with a very broad open-ended question. Mr.
Macdonald said the challenge is how to reach people who don’t participate in community events.
Ms. Peterson said that because of all the city is trying to do, the hope is to have participation of Planning
Commission members at events. Mr. Chalnick cautioned against scheduling anything during normal
working hours. Mr. Riehle suggested possible meetings with seniors during working hours.
Mr. Engels moved to approve the proposed approach to the Comprehensive Plan as presented. Mr.
Macdonald seconded. Motion passed 6-0.
5. Continue Discussion of Vision and Goal Statements for 2024 Comprehensive Plan:
Mr. Engels said he did not like the goals that have been stated as they don’t have a “ring” to them. He
preferred “Sustainability,” “Resilience,” and “Equity.”
Ms. Peterson showed the goals of the current Comprehensive Plan. Ms. Ostby noted most of those
goals haven’t been reached, though there has been improvement. Ms. Peterson stressed that this will
be a joint effort between the Commission and the City Council. She acknowledged that some of the
goals are vague, but she stressed that these are the foundational statements for specific goals in the rest
of the Plan. There will be more metrics to the strategies and objectives.
Ms. Ostby said it seems like the Climate Action Task Force will drive so much, and that will be the
foundation, including equity and inclusion. Ms. Peterson said that will be incorporated throughout the
document. This is the statement of the core values of the city.
Mr. Chalnick felt the goals could be much tighter, especially in the “Green and Clean” section.
Mr. Mittag felt the core value should be related to climate change. The goal should be to meet the city’s
climate goals and prepare for climate change.
Mr. Riehle said the categories are still relevant today.
Ms. Ostby questioned what “affordable” and “community strong” mean today. “Affordable” seems so
unreachable. She felt “inclusive” was a better word…something like “a diverse community that has a
home for everybody.” She noted that there are people not accepting jobs because they can’t find an
affordable place to live in South Burlington, and companies are closing because they can’t find
employees.
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Ms. Peterson stressed that the 4 goals are interconnected, not 4 individual goals.
Mr. Macdonald said it would be good to put these goals out the community. Ms. Petersons said there
will be a short on-line poll to do that. It is already being worked on.
Mr. Chalnick suggested adding to “Green and Clean” the words “Climate Change Focus.”
Ms. Ostby asked where there is a planning directive in the goals. Ms. Peterson said this is not just a
development policy. It is a policy for the city, for everything. The 4 core values touch all other elements
of the plan. She stressed that this page will never be a stand-alone document.
Mr. Mittag said he would leave out references to automobiles.
Mr. Macdonald asked when the Commission will see the public feedback. Ms. Peterson said the hope is
before the joint meeting with the City Council.
Mr. Riehle said they need to be emphatic about providing parks which could help address the disparity
between people in the Southeast Quadrant and elsewhere in the city.
Mr. Mittag recalled that Ms. Ostby suggested that Commission members should go around the whole
city at least once a quarter. He seconded that idea.
7. Meeting Minutes of 10 May 2022
Members agreed to defer action on the Minutes in order to get the exact wording of a motion.
8. Other Business:
Mr. Mittag noted that there is a question of people being able to build or extend decks on their homes
because of expanded buffers. Ms. Peterson said that will be a good topic for discussion.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:30 p.m.
___________________________________
Clerk
STATE OF VERMONT
PUBLIC UTILITY COMMISSION
Case No. 22-____-PET
Petition of New Cingular Wireless PCS, LLC
d/b/a AT&T pursuant to 30 V.S.A. § 248a
requesting a Certificate of Public Good for a de
minimis modification to a wireless
telecommunications facility in South
Burlington, Vermont
PETITION
By this Petition, New Cingular Wireless PCS, LLC d/b/a AT&T (“ATT”), represents as follows:
1. AT&T holds a Certificate of Public Good to provide wireless services within Vermont
pursuant to multiple cellular, PCS Broadband, Band 14 and other licenses granted by the
Federal Communications Commission.
2. Pursuant to its licenses, AT&T is undertaking to improve and enhance its wireless network
in the state to provide enhanced capabilities, coverage and capacity employing AT&T’s
Long Term Evolution (“LTE”) technologies.
3. By this Petition submitted to the PUC via §I(a) of the ePUC Procedures for Electronic
Filing (“ePUC Pr.”),1 AT&T proposes to modify telecommunications antennas and
equipment at an existing telecommunications facility located at 30 Joy Drive, South
Burlington, Vermont (the “Facility”).
4. The certification of compliance, affidavit and exhibits included with this Petition
demonstrate that AT&T’s proposed Project qualifies as a de minimis modification under 30
V.S.A. § 248a(b)(2) and the PUC’s Procedures Order, thereby allowing the PUC to issue a
certificate of public good in accordance with the procedures established by 30 V.S.A. §
248a(k).
5. This proceeding is subject to the general authority and limitations of the federal Spectrum
Act, 47 U.S.C. §1455(a)(1) and 47 C.F.R. §1.6100(b) (Wireless Facilities Modifications)
(eff. 01/14/2019), as it involves the PUC’s review of an “eligible facilities request” (i.e.,
collocation of new transmission equipment, and/or removal / replacement of existing
transmission equipment) on an “eligible support structure” (i.e., tower and/or base station
in existence at the time the application is filed). Consequently, in addition to the 60-day
review timeframe set forth in 30 V.S.A. §248a(f), the application is also subject to a 60-day
1 Although styled as a “petition” to conform with ePUC Pr., Petitioner respectfully requests that this filing be
treated by the Public Utility Commission clerk as an application for and/or notice of intent of a de minimis
modification pursuant to 30 V.S.A. §248a(a) and (k).
New Cingular Wireless PCS, LLC d/b/a AT&T: 248a De Minimis Petition
South Burlington,VT: 30 Joy Drive
Case No. 22-____-PET
June 28, 2022
Page 2 of 2
review timeframe pursuant to 47 C.F.R. § 1.6100(c)(2). AT&T hereby preserves its rights
under the Spectrum Act and the corresponding FCC regulations, in addition to Section
248a(f), to the extent necessary to proceed with the Project.
AT&T accordingly requests that the PUC issue a certificate of public good for the Project in
accordance with the procedures established by 30 V.S.A. 248a(k).
In support of this Petition, AT&T has included the following items with this filing:
ITEMS SUBMITTED FOR PUBLIC UTILITY COMMISSION REVIEW
PURSUANT TO ePUC PR
Doc. # File Name
1. Petition
2. Certification of Compliance
3. Proposed Order and CPG
4. Certificate of Service
5. Affidavit of David Ford
ATT-DF-1 Resume of David Ford
ATT-DF-2 Site Plan
ATT-DF-3 Equipment Specifications
ATT-DF-4 Structural Analysis Report
ATT-DF-5 Existing Permits
ATT-DF-6 Letter of Authorization
Dated at Burlington, Vermont this 28th day of June, 2022.
DOWNS RACHLIN MARTIN PLLC
Attorneys for New Cingular Wireless PCS, LLC d/b/a AT&T
By: _____________________________________
Jessica L. Griswold, Esq.
199 Main Street, P.O. Box 190
Burlington, VT 05402-0190
Telephone: (802) 863-2375
Email: JGriswold@drm.com
21360660.2
STATE OF VERMONT
PUBLIC UTILITY COMMISSION
Case No. 22-____-PET
Petition of New Cingular Wireless PCS, LLC
d/b/a AT&T pursuant to 30 V.S.A. § 248a
requesting a Certificate of Public Good for a de
minimis modification to a wireless
telecommunications facility in South
Burlington, Vermont
AFFIDAVIT OF DAVID FORD
I, David Ford, hereby state the testimony and supporting exhibits submitted by me were prepared
by me or under my direct supervision. I further certify that I am able to testify as to the validity
of the information contained in my testimony and exhibits. I declare that the above statement is
true and accurate to the best of my knowledge and belief. I understand that if the above statement
is false, I may be subject to sanctions by the Commission pursuant to 30 V.S.A. § 30.
1. I am employed by Centerline Communications LLC (“Centerline”), a company contracted
by New Cingular Wireless PCS, LLC d/b/a AT&T (“AT&T”) to assist with the provision of
FCC-licensed wireless services within Vermont and New England. My title is Site
Acquisition Manager at Centerline, where I am responsible for managing site selection,
zoning and environmental permitting processes, design and architectural/engineering
services, and construction required for the development and installation of AT&T LTE
projects. My resume is attached as Exhibit ATT-DF-1.
2. AT&T is proposing to modify telecommunications antennas and equipment at an existing
telecommunications facility owned and managed by American Tower Corporation
(“ATC”), on property owned by Gray Media Group d/b/a WCAX TV (“WCAX”), located
at 30 Joy Drive, South Burlington, Vermont (the “Property” or “Site”).
3. The existing facility consists of a 110’ monopole tower (the “Tower”) and associated
equipment, multiple outdoor equipment shelters, a cluster of transformers and emergency
backup generators, and various other equipment and appurtenances, all located adjacent
to the existing WCAX digital televisions station at the Site (the “Facility”).
4. AT&T currently has twelve (12) panel antennas installed on the Tower at a centerline
height of 96’ above ground level (“AGL”), with fifteen (15) remote radio head units
(“RRUs”) and three (3) surge arrestors installed behind the panel antennas. AT&T also
has a 10’ x 20’ equipment shelter located south of the Tower (the “AT&T Shelter”),
together with antenna operating equipment and various other equipment and
appurtenances, all located within or surrounding the AT&T Shelter at the Site
(collectively, the “AT&T Facility”).
Affidavit of David Ford
Case No. 22-____-PET
June 28, 2022
Page 2 of 5
5. AT&T intends to make the following changes at the Facility (collectively referred to
below as the “Project”), as detailed on the attached Site Plan, identified as Exhibit ATT-
DF-2:
a. Remove the twelve (12) existing panel antennas, including three (3) measuring
approximately 75.5” x 10.3”, two (2) measuring approximately 96” x 11.8”, two
(2) measuring approximately 96” x 21”, two (2) measuring approximately 92.4” x
14.8”, one (1) measuring approximately 72.3” x 14.4”, one (1) measuring
approximately 73” x 21”, and one (1) measuring approximately 72” x 14.8”;
b. Install nine (9) new antennas, including three (3) measuring approximately 96” x
11.7”, three (3) measuring approximately 96” x 21”, and three (3) dual stacked
antennas, each of which consist of a top component measuring approximately
31.1” x 16.1” and a bottom component measuring approximately 30.4” x 15.9”,
all to be mounted on the Tower at a centerline height of 96’ AGL (and with the
Equipment Specifications for the new antennas being included as Exhibit ATT-
DF-3);
c. Remove three (3) RRUs, each measuring approximately 19.7” x 17”;
d. Install three (3) new RRUs, each measuring approximately 18.1” x 13.4”,
e. Replace one (1) existing surge arrestor measuring approximately 9.7” x 23.5”
with a new surge arrestor of the same dimensions; and
f. Add and/or adjust cabling within existing conduits and make other minor
adjustments necessary to complete the Project.
6. Attached as Exhibit ATT-DF-4 is a Structural Analysis Report demonstrating that the
Tower is structurally capable of accommodating AT&T’s antennas and equipment.
7. The Project qualifies as a “de minimis modification,” pursuant to the definition set forth
in 30 V.S.A. § 248a(b)(2), for the reasons set forth below:
a. The Project consists of the addition and / or replacement of telecommunications
equipment, antennas, and ancillary improvements primarily intended to serve a
telecommunications facility.
b. Excluding equipment, antennas, and ancillary improvements, the Project does not
involve increasing the height or width of the existing Tower or expanding the size of
the Facility.
c. As shown on Drawing No. A-2 of the Site Plan, no existing or new antenna or
equipment will extend vertically above the Tower. See Site Plan at A-2 (Exhibit
ATT-DF-2). The maximum distance any existing or new antenna or equipment
Affidavit of David Ford
Case No. 22-____-PET
June 28, 2022
Page 3 of 5
extends horizontally from the Tower is approximately 9’ 1”. Id. at C-1. Thus, the
“addition, modification, or replacement of an antenna or any other equipment on [the]
facility or support structure does not extend vertically more than 10 feet above the
facility or support structure and does not extend horizontally more than 10 feet from
the facility or support structure.” 30 V.S.A. § 248a(b)(2)(C).
d. The Project will not increase the surface area of the faces of the antennas and
equipment on the Tower. The faces of the existing antennas and equipment at the
Facility have an aggregate surface area of approximately 111.89 square feet. See Site
Plan at C-1 (Exhibit ATT-DF-2). Upon completion of the Project, the aggregate
surface area of the faces of the panel antennas, RRUs, and the surge arrestors will
equal approximately 102.56 square feet. Id. Therefore, the aggregate surface area of
the faces of the antennas and equipment at the Facility will not increase by more than
75 square feet as a result of the Project.
e. The Project will not result in any additional impervious surface at the site because all
operating equipment and appurtenances will be installed inside the existing
equipment building. Thus, the Project does not increase the amount of impervious
surface at the site by more than 300 square feet.
8. The Project will promote the general good of the state, consistent with 30 V.S.A.
§ 202c(b), insofar as the Project will expand and improve its wireless service coverage in
South Burlington and the surrounding area. AT&T is undertaking to improve and
enhance its wireless network in the state to provide capabilities for use of devices
employing AT&T’s Long Term Evolution (“LTE”) technologies. LTE is a high-
performance air interface for cellular mobile communications, designed to increase the
capacity and speed of telephone service and internet access through use of wireless
devices. The Project also supports AT&T’s deployment of FirstNet, the nationwide,
interoperable network for first responders featuring uninterrupted data / voice access
during emergencies.
9. Thus, the Project will contribute to the following State goals:
a. “support the universal availability of appropriate infrastructure … for transmitting
voice and high-speed data” (Section 202c(b)(2));
b. “provide for high quality and reliable telecommunications services for Vermont
businesses and residents” (Section 202c(b)(4));
c. “provide the benefits of future advances in telecommunications technologies to
Vermont residents and businesses” (Section 202c(b)(5)); and
d. “support the application of telecommunications technology to maintain and improve
… the economic development of the state” (Section 202c(b)(7)).
Affidavit of David Ford
Case No. 22-____-PET
June 28, 2022
Page 4 of 5
10. To the best of my knowledge, after due diligence, the Project is subject to certificates of
public good issued by the PUC authorizing de minimis modifications to the Facility in
Docket Nos. 7974 and 8649, and Case No. 21-5274-PET, on January 18, 2013, December
2, 2015, and March 24, 2022, respectively, and authorizing limited size and scope
modifications in Case No. 18-1499-PET on July 13, 2018 (collectively, the “Prior
CPGs”). The Project is also subject to Zoning Permit No. ZP-00-1, issued to Verizon
Wireless by the City of South Burlington on May 30, 2000. The Project is consistent with
the conditions set forth in the Prior CPGs and other permits and approvals, each of which
are attached as Exhibit ATT-DF-5.
11. AT&T has obtained a Letter of Authorization consenting to the proposed Project and
authorizing AT&T to proceed with the Section 248a approval process. A copy of this
letter is attached as Exhibit ATT-DF-6.
[Signature block on following page.]
Affidavit of David Ford
Case No. 22-____-PET
June 28, 2022
Page 5 of 5
_______________________________
Name: David Ford
Title: Senior Site Acquisition Specialist
Centerline Communications LLC
95 Ryan Drive, Suite 1
Raynham, MA 02767
508-821-6509
dford@clinellc.com
Date: June 28, 2022
[In accordance with PUC Revised Emergency Rule 2.500, effective October 7, 2021, this
affidavit has not been notarized.
SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONFA CODE: 10133316PACE ID: MRCTB060679, MRCTB060706, MRCTB060446,MRCTB060679PROJECT: 5G NR RADIO || 5G NR 1SR CBAND, 2022 UPGRADEPROJECTSITE· · · · · · · · · · · · · · · · · · · · · SHEET NO.DESCRIPTIONREV.72 HOURS PRIORUNDERGROUND SERVICE ALERTWWW.DIGSAFE.COMOE
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SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701OE
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ELP.HAMMSITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701HANDICAP REQUIREMENTSFACILITY IS UNMANNED & NOT FOR HUMAN HABITATION.HANDICAPPED ACCESS REQUIREMENTS NOT REQUIRED.ZONING INFORMATIONLEGEND:SITE PLANGENERAL NOTES:&NOTE:
COMPOUND PLANEQUIPMENT PLANOE
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SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701OE
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ELP.HAMMFINAL ANTENNA SCHEDULENOTE:PROPOSED C-BAND ANTENNAMOUNTING DETAIL (ALL SECTOR)PROPOSED LTE ANTENNAMOUNTING DETAIL (ALL SECTOR)PROPOSED LTE ANTENNAMOUNTING DETAIL (ALL SECTOR)PROPOSED RRUS DETAIL
SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701OE
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ELP.HAMMPROPOSED MOUNT (SITEPRO1 #VFA14-H10-2120) DETAILBACK TO BACK RRU MOUNT DETAILMONOPOLE MOUNTING DETAILDC SURGE SUPPRESSOR DETAIL
SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701OE
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ELP.HAMMGROUND WIRE TO GROUND BAR CONNECTION DETAILTYPICAL GROUND BAR CONNECTION DETAILGROUNDING RISER DIAGRAMGROUND BAR - DETAIL (AS REQUIRED)
SITE NUMBER: VT6462SITE NAME: RCC - WCAX SO BURLINGTONAT&T45 BEECHWOOD DRIVETEL: (978) 557-5553NORTH ANDOVER, MA 01845FAX: (978) 336-5586550 COCHITUATE ROADFRAMINGHAM, MA 01701RF PLUMBING DIAGRAMNOTE:NOTE:
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: South Burlington Planning Director
Colchester Planning Director
Winooski Planning & Zoning Manager
Chittenden County Regional Planning Director
VT Department of Housing and Community Development
FROM: Charles Dillard, AICP, Principal Planner, City of Burlington
DATE: June 30, 2022
RE: Burlington Comprehensive Development Ordinance Amendments
Enclosed, please find proposed amendments to the City of Burlington Comprehensive
Development Ordinance:
• ZA-22-08: Short Term Rentals
• ZA-22-09: Public Art
The Planning Commission will hold a public hearing on the proposed amendments on
Tuesday, July 26, at 6:45 pm via a virtual meeting in the Sharon Bushor Conference Room,
Room 102, City Hall, 149 Church Street, Burlington, VT, and on the platform Zoom.
Please ensure this communication is forwarded to the chairs of your respective Planning
Commissions. Submit any communications for the Planning Commission’s consideration at
the hearing to me by close of business on Monday, July 25.
Thank you.
CC: Andy Montroll, Burlington Planning Commission Chair
Meagan Tuttle, AICP, Director, City Planning
Scott Gustin, AICP, Zoning Division Manager, Department of Permitting & Inspections
Kimberlee Sturtevant, Assistant City Attorney
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
www.burlingtonvt.gov/pz
Phone: (802) 865-7144
Andy Montroll, Chair
Bruce Baker, Vice Chair
Yves Bradley
Alex Friend
Michael Gaughan
Emily Lee
BURLINGTON PLANNING COMMISSION PUBLIC HEARING NOTICE
Burlington Comprehensive Development Ordinance Amendment
ZA-22-08: Short Term Rentals
ZA-22-09: Public Art
Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington
Planning Commission to hear comments on the following proposed amendments to the City of
Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place during
the Planning Commission meeting on Tuesday, July 26, 2022, with the hearing starting at Time
Certain 6:45pm. You may access the hearing/meeting as follows:
To join virtually from a Computer, please click this URL to join, and enter the Webinar ID if
prompted:
Link: https://us02web.zoom.us/j/82754488061 Webinar ID: 856 2657 5088
To join virtually by phone, dial this number and enter the Webinar ID when prompted:
Number: +1 312 626 6799 Webinar ID: 827 5448 8061
To join the meeting in person:
Sharon Bushor Room, Room 102, City Hall, 149 Church Street, Burlington, VT 05401
Pursuant to the requirements of 24 V.S.A. §4444(b):
Statement of purpose:
The purpose of the proposed amendments are as follows:
• ZA-22-08: To accompany already adopted Chapter 18 amendments in establishing, defining
and regulating Short term rental (STR) as a new use.
• ZA-22-09: To define public art in the Comprehensive Development Ordinance and establish
language exempting public art from standards requiring a zoning permit for its installation.
Geographic areas affected:
These amendments apply to the following areas of the city:
• ZA-22-08: All areas and zoning districts within the city.
• ZA-22-09: All areas and zoning districts within the city.
List of section headings affected:
The proposed amendments modify the following sections of the Burlington Comprehensive
Development Ordinance:
• ZA-22-08: Modifies Sec. 3.1.2-C; Sec. 8.1.8; 13.1.2; Sec. 14.3.4-H; and Appendix A – Use Table
• ZA-22-09: Modifies Sec. 3.1.2-C; and Sec 13.1.2
The full text of the Burlington Comprehensive Development Ordinance is available online at
www.burlingtonvt.gov/DPI/CDO. The proposed amendment can be reviewed in hard copy posted
on the first floor of City Hall, 149 Church Street, Burlington or online at
https://www.burlingtonvt.gov/DPI/CDO/Amendments
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: Burlington Planning Commission
FROM: Meagan Tuttle, AICP, Director
DATE: June 28, 2022
RE: Proposed CDO Amendment ZA-20-08: Short Term Rentals
This amendment has been under development since the 2019 Housing Summit and the subsequent
Council Resolution in October 2019, which directed a Joint Committee to create a regulatory
framework for short-term rentals that created tiers and disincentivizes the most impactful uses.
Formerly recommended by the Commission as ZA-20-05, the proposed CDO amendments expired in
April when the accompanying changes to Ch. 18- Minimum Housing were vetoed by the Mayor earlier
this year.
Modified changes to the CDO and Ch. 18 amendments were subsequently reintroduced by the
Council. At the June 27 meeting, Council adopted the Ch. 18 portion of this overall framework as well
as an amendment to Ch. 21 regarding the local tax rate for STRs. At the same time, Council referred
the enclosed CDO amendments to the Commission to hold a public hearing, make technical
corrections, and provide any recommendations per the process outlined in 24 VSA 4441 (g).
Therefore, the Commission is recommended to approve the enclosed Municipal Bylaw Amendment
Report and warn the amendment for public hearing. Some technical corrections to the use table for
Article 14 are anticipated to follow the public hearing, before referring to City Council for hearing and
adoption.
Proposed Amendment
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement
The proposed amendment defines short-term rentals (STRs), allows STRs where residential
uses are permitted, and exempts STRs from requiring a zoning permit. The amendment also
streamlines various lodging types into a single lodging definition and makes associated
changes to the use tables and off-street parking requirements. This amendment is a
complement to the broader regulatory framework for STRs within Ch. 18: Minimum Housing
Standards in the Burlington Code of Ordinances.
Proposed Amendments
The following changes to the Burlington Comprehensive Development Ordinance are proposed:
1. Amend Article 13 Definitions to define “short term rental”, modify “lodging” definitions,
and eliminate “bed and breakfast” definition
Define short term rental as a type of dwelling unit and refer to standards in Ch.18. The STR
definition largely reflects the state’s definition of an STR with regard to length of rental and
refers to the Vermont rooms and meals tax. Additionally, the definitions of Hotel/Motel
and Hostel are streamlined to a general “Lodging” definition, and “Bed and Breakfast” is
removed to reduce redundancy and inconsistencies in how various traditional lodging
uses are permitted.
2. Add STRs as a “special residential use” to Appendix A- Use Table and in Article 14-
Downtown Code
This will establish that short term rentals are the use of a dwelling unit, allowed anywhere
that residential uses are allowed, and will refer to Ch. 18 for specific standards.
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Compatibility with Proposed Future Land Use & Density
The proposed changes largely amount to technical corrections to ensure that the zoning
ordinance refers to applicable standards for STRs in Ch. 18- Minimum Housing standards. The
standards included in Ch. 18 were adopted to protect existing housing from unlimited conversion
to STR use by establishing narrow parameters for allowing short-term rentals. It also reduces
inconsistencies among various lodging types presently allowed within the city.
Impact on Safe & Affordable Housing
The proposal will have no impact on the intensity or density of future land use. Short term rentals
will be allowed wherever residential uses are allowed. However, Ch. 18 limits to being in a host’s
own primary residence, within an owner-occupied building, within Seasonal Homes that are not
suitable for long-term housing purposes, or within non-owner occupied properties that host an
affordable housing unit. This limits range of housing units within the city that are able to be
converted from long-term housing for STR purposes. Additionally, Ch. 21 establishes that local
taxes collected on STRs contribute to the City’s Housing Trust Fund, which is used to create and
preserve permanently affordable housing.
Planned Community Facilities
This amendment has no impact on any planned community facilities.
Process Overview
The following chart summarizes the current stage in the zoning amendment process, and identifies
any recommended actions:
Planning Commission Process
Draft Amendment
referred by:
City Council
Presentation &
discussion:
6/28/22
Approve for
Public Hearing
6/28/22
Public Hearing &
Technical
Corrections
7/26/22
Approve &
forward to
Council
City Council Process
First Read &
Referral to
Ordinance Cmte
4/11/22
Ordinance
Committee
discussion &
recommendation
5/31/22
Council 2nd
Read
6/27/22
Public Hearing
Approval &
Adoption
Rejected
CITY OF BURLINGTON
ORDINANCE ___________
Sponsor: Councilor Carpenter,
Ordinance Committee, City Council Public Hearing Dates: ___________
In the Year Two Thousand Twenty-Two _____________________________ First reading: _________________ Referred to: ___________________
An Ordinance in Relation to Rules suspended and placed in all
stages of passage: ______________ Second reading: ________________ Action: ______________________ Date: ________________________
Signed by Mayor: ______________
Published: ____________________
Effective: _____________________
It is hereby Ordained by the City Council of the City of Burlington as follows:
COMPREHENSIVE DEVELOPMENT ORDINANCE –
Short Term Rentals
ZA #22-08
That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington be 1
and hereby is amended by amending Sections 3.1.2, Zoning Permit Required, 8.1.8, Minimum Off-Street Parking 2
Requirements, 13.1.2, Definitions, Article 14, PlanBTV Downtown Code, and Appendix A-Use Table—All Zoning 3
Districts, thereof to read as follows: 4
5
Sec. 3.1.2 Zoning Permit Required. 6
Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development may 7
be commenced within the city without a zoning permit issued by the administrative officer including but not limited to 8
the following types of exterior and interior work: 9
(a) Exterior Work: 10
As written. 11
12
(b) Interior Work: 13
As written. 14
15
(c) Exemptions: The following shall be exempt from the requirements of this Ordinance and shall not be required 16
to obtain a zoning permit: 17
1. - 18. As written. 18
19. Short term rental. 19
20
(d) Determination of Non-Applicability: 21
As written. 22
23
Sec. 8.1.8 Minimum Off-Street Parking Requirements. 24
A minimum number of off-street parking spaces for all uses and structures shall be provided in accordance with 25
Table 8.1.8-1 below. 26
(a) Where a use is not listed, the minimum parking requirements shall be determined by the administrative officer 27
based upon a determination that the use is substantially equivalent in use, nature, and impact to a listed use. 28
(b) When the calculation yields a fractional number of required spaces, the number of spaces shall be rounded to 29
the nearest whole number. 30
Page 2
An Ordinance in Relation to COMPREHENSIVE DEVELOPMENT ORDINANCE –
Short Term Rentals
ZA #22-08
(c) The minimum off-street parking requirement for a development with inclusionary housing units provided on 31
site shall be reduced by the percentage of inclusionary units required by Article 9. 32
(Example: A 100-unit residential development with a requirement of 15% inclusionary units shall provide 33
minimum off-street parking based on 85 dwelling units.) 34
35
Table 8.1.8-1 Minimum Off-Street Parking Requirements
Neighborhood
District
Shared Use
District
Multimodal
Mixed-Use
District
RESIDENTIAL USES1. Per Dwelling Unit
except as noted
*** ***
RESIDENTIAL USES – SPECIAL Per Dwelling Unit
except as noted
*** *** *** ***
Bed and Breakfast (per room, in addition to single-
family residence) 1 0.75 0
*** *** *** ***
NON-RESIDENTIAL USES Per 1,000 square feet of
gross floor area (gfa) except as noted
*** *** *** ***
Hostel (per two (2) beds) 0.5 0.5 0
Hotel/Motel (per room) 1 0.75 0
*** *** *** ***
36
Sec. 13.1.2 Definitions. 37
For the purpose of this ordinance certain terms and words are herein defined as follows: 38
Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or 39
defined otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 40
and 13-1 of the Code of Ordinances, as amended, incorporating the currently adopted edition of the American 41
Insurance Association's "National Building Code" and the National Fire Protection Association's "National Fire 42
Code" shall prevail. 43
Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and 44
shall take precedence without limitation over any duplicative or conflicting definitions of this Article. 45
*** 46
Bed and Breakfast: An owner-occupied residence, or portion thereof, in which short-term lodging rooms are rented and 47
where only a morning meal is provided on-premises to guests. 48
*** 49
Hostel: A place where travelers may stay for a limited duration, as recognized by the International Hostel Association. 50
Page 3
An Ordinance in Relation to COMPREHENSIVE DEVELOPMENT ORDINANCE –
Short Term Rentals
ZA #22-08
Hotel, Inn or Motel Lodging: An establishment providing for a fee three or more temporary guest rooms and 51
customary lodging services (such as onsite staffing at all hours, lobby space, and room service), and subject to the 52
Vermont rooms and meals tax. Lodging may, or may not, be owner occupied. Lodging does not include historic inns 53
or short term rentals (except when per-building short term rental limits noted in Chapter 18: Minimum Housing 54
Standards of the Burlington Code of Ordinances are exceeded). 55
*** 56
Short term rental (STR): A dwelling unit that is rented in whole or in part (i.e. renting bedrooms within a unit) to 57
guests for less than thirty (30) consecutive days and for more than 14 days during any rolling 12-month period is 58
subject to the Vermont rooms and meals tax, pursuant to Chapter 18: Minimum Housing Standards of the Burlington 59
Code of Ordinances. 60
*** 61
62
63
Article 14-PlanBTV Downtown Code--*See attached excerpt for proposed changes. 64
65
Appendix A—Use Table—All Zoning Districts—*See proposed changes on attached table. 66
67
68
** Material stricken out deleted. 69
*** Material underlined added. 70
71
tm/KS: Ordinances 2022/Zoning Amendment – ZA 22-08, Short Term Rentals 72
CDO Secs. 3.1.2, 8.1.8, 13.1.2, Art. 14 and Appendix A-Use Table—All Zoning Districts 73
6/27/22 74 75
76
Appendix A-Use Table – All Zoning Districts
Proposed Amendment ZA-22-08
Urban
Reserve
Recreation, Conservation & Open
Space Institutional Residential Downtown
Mixed Usei Neighborhood Mixed Use Enterprise
USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
RESIDENTIAL SPECIAL
USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
Bed and Breakfast4,6 N N N N CU CU Y Y N Y Y Y Y N N
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
Short Term Rental33 N N N N Y Y Y Y N Y Y Y Y N N
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH DW-PT16 NMU NAC NAC-
RC NAC-CR E-AE E-LM
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
Hostel N N N N Y N N CU N Y Y Y Y N N
Hotel, Motel Lodging N N N N CU N N N (See Sec.
4.4.1 (d) 1) N Y N Y N N
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
1. Residential uses are not permitted except only as an accessory use to an agricultural use.
2. Duplexes may be constructed on lots which meet the minimum lot size specified in Table 4.4.5-1.
3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited.
4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the
RL district. Reserved.
5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB.
6. Must be owner-occupied.
7. Must be located on a major street.
8. Small daycare centers and small preschools in the RCO zones shall only be allowed as part of small museums and shall constitute less than 50% of the
gross floor area of the museum.
9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit.
10. Exterior storage and display not permitted.
11. All repairs must be contained within an enclosed structure.
12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit.
13. Permitted hours of operation 5:30 a.m. to 11:00 p.m.
14. Such uses not to exceed ten thousand (10,000) square feet per establishment.
15. Excludes storage of uncured hides, explosives, and oil and gas products.
16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District.
17. Allowed only as an accessory use.
18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center.
19. [Reserved].
20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defi ned by the secretary of
agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810
are exempt from regulation under local zoning.
21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District.
22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts.
23. Allowed only on properties with frontage on Pine Street.
24. Such uses shall not exceed 4,000 square feet in size.
Legend:
Y Permitted Use in this district
CU Conditional Use in this district
N Use not permitted in this district
Abbreviation Zoning District
RCO – A RCO - Agriculture
RCO – RG RCO – Recreation/Greenspace
RCO – C RCO - Conservation
I Institutional
RL/W Residential Low Density, Waterfront Residential Low Density
RM/W Residential Medium Density, Waterfront Residential Medium Density
RH Residential High Density
DW-PT Downtown Waterfront-Public Trust
NMU Neighborhood Mixed Use
NAC Neighborhood Activity Center
NAC-RC NAC – Riverside Corridor
NAC-CR NAC – Cambrian Rise
E-AE Enterprise – Agricultural Processing and Energy
E-LM Enterprise – Light Manufacturing
Appendix A-Use Table – All Zoning Districts
Proposed Amendment ZA-22-08
25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010.
26. The mixed uses shall be limited to those that are either permitted, conditional, or pre -existing nonconforming in the zoning district.
27. This use is permitted or conditionally permitted on lots south of Home Avenue only when one or more Industrial or Art Production use(s) exists on the lot, and when the combined gross floor area of all uses with this footnote does not exceed 49& of the
Gross floor Area on the lot.
28. Grocery Stores up to but not to exceed 35,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise -Light Manufacturing District between Flynn and Home Avenue.
29. Must be fully enclosed within a building.
30. New single detached dwellings are not permitted. However, a pre-existing single detached dwelling may be reverted to a single family use regardless of its present use if the building was or iginally designed and constructed for that purpose.
31. See special use standards of Sec. 5.4.13, Emergency Shelters.
32. Performing Arts Centers in the ELM zone shall be limited to properties with frontage on Pine Street up to 5,000 square feet i n size, and to properties with frontage on Industrial Parkway up to 15,000 square feet in size. Performing Art s Centers may
contain accessory space for preparation and serving food and beverages, including alcohol, provided this accessory space comp rises less than 50% of the entire establishment.
33. Short term rentals are permitted by right, subject to per building limitations and rental registration requirements pursuant to Chapter 18: Minimum Housing Standards of the City Code of Ordinances.
_____________________________________
i For permitted and conditional uses within the Downtown and Waterfront Form Districts, refer to Article 14.
14ARTICLEARTICLEARTICLEARTICLESpecific to Form Districts 14ARTICLE
14|25
14.3
Art. 14 - planBTV Downtown Code - 11/08/19
14.3.4-H- Use Type FD6
Uses not specifically listed in a use table, and that are not similar in
nature and impact to a use that is listed, are not permitted.
RESIDENTIAL - GENERAL
Attached Dwellings P
Single Detached Dwellings (only pre-existing
Buildings originally designed and constructed for
such purpose)
P
RESIDENTIAL - SPECIAL
Assisted Living P
Boarding House1 P
Community House (Sec.14.6.6.e)P
Convalescent /Nursing Home P
Short Term Rental- Partial Unit (Sec.5.4.14)P
Short Term Rental- Whole Unit (Sec.5.4.14)P
SHORT-TERM ACCOMMODATIONS
Bed and Breakfast1 P
Historic Inn (Sec.14.6.6.c)P
Hotel P
Lodging P
Shelter P
RETAIL - GENERAL
ATM P
Auto/Boat/RV Sales/Rentals3 P
Convenience Store P
Fuel Service Station2 (Sec.14.6.6.d)CU
General Merchandise/Retail P
RETAIL - OUTDOOR
Open Air Markets P
Key
Permitted Use P
Conditional Use CU
END NOTES
1Must be owner-occupied.
2 Automobile sales not permitted as an Accessory Use
3 Exterior storage and display not permitted.
14.3.4-H- Use Type FD6
OFFICE & SERVICE
Animal Grooming P
Auto/Boat/RV Service3 (Sec.14.6.6.d)P
Beauty Salon/Barber Shop/Spa P
Car Wash P
Crisis Counseling Center (Sec. 14.6.6.g)P
Office – General P
Office – Medical P
Office – Technical P
Dry Cleaning Service P
Funeral Home P
Health Club/Studio P
Laundromat P
Mental Health Crisis Center P
Tailor Shop P
HOSPITALITY/ ENTERTAINMENT/ RECREATION
Aquarium P
Art Gallery/Studio P
Bar, Tavern P
Billiards, Bowling & Arcade P
Café P
Cinema P
Club, Membership P
Community Center P
Conference/Convention Center P
Museum P
Performing Arts Center P
Performing Arts Studio P
Recreational Facility - Indoor P
Restaurant P
Restaurant – Take Out P
14ARTICLEARTICLEARTICLEARTICLESpecific to Form Districts 14ARTICLE
14|31
14.3
Art. 14 - planBTV Downtown Code - 11/08/19
14.3.5-H- Use Types FD5
Uses not specifically listed, and that are not similar in nature and
impact to a use that is listed, are not permitted.
RESIDENTIAL - GENERAL
Attached Dwellings P
Single Detached Dwellings (only pre-existing
Buildings originally designed and constructed for
such purpose)
P
RESIDENTIAL - SPECIAL
Assisted Living P
Boarding House1 P
Community House (Sec.14.6.6.e)P
Convalescent /Nursing Home P
Group Home P
Short Term Rental- Partial Unit (Sec.5.4.14)P
Short Term Rental- Whole Unit (Sec.5.4.14)P
SHORT-TERM ACCOMMODATIONS
Bed and Breakfast1 P
Historic Inn (Sec.14.6.6.c)P
Hotel P
Lodging P
Shelter P
RETAIL - GENERAL
ATM P
Automobile and RV Sales and Rental 2 P
Convenience Store P
Fuel Service Station 2 (Sec.14.6.6.d)CU
General Merchandise/Retail P
RETAIL - OUTDOOR
Boat Sales/Rentals P
Garden Supply Store P
Open Air Markets P
Key
Permitted Use P
Conditional Use CU
END NOTES
1Must be owner-occupied.
2 Exterior storage and display not permitted.
14.3.5-H- Use Types FD5
OFFICE & SERVICE
Animal Grooming P
Beauty Salon/Barber Shop/Spa P
Car Wash P
Crisis Counseling Center (Sec. 14.6.6.g)P
Dry Cleaning Service P
Funeral Home P
Health Club/Studio P
Laundromat P
Mental Health Crisis Center P
Office – General P
Office – Medical P
Office – Technical P
Tailor Shop P
Vehicle/Boat Repair/Service 2 P
HOSPITALITY/ ENTERTAINMENT/ RECREATION
Aquarium P
Art Gallery/Studio P
Bar, Tavern P
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
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information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
City of Burlington, VT
149 Church Street, 3rd Floor
Burlington, VT 05401
Phone: (802) 865-7144
www.burlingtonvt.gov/plan
TO: Burlington Planning Commission
FROM: Charles Dillard, AICP, Principal Planner
Mary O’Neil, AICP, Principal Planner
DATE: June 30, 2022
RE: Proposed Zoning Amendment – Public Art
Overview & Background
Public art is an important element of Burlington’s built environment and cultural identity. In fact,
planBTV states that public art, “enhances the overall quality of the built environment,” and that, ”these
creative expressions should continue to be encouraged.” Consistent with the Plan, Burlington’s
longstanding support for and inclusion of public art in the built environment remains strong.
However, following the adoption of the planBTV Downtown Code, the City currently operates with no
standards governing or related to public art.
Prior to the adoption of the Downtown form code, the Comprehensive Development Ordinance
governed public art in the following ways:
• Bonus height provisions were offererd in exchange for qualifying public art installations,
• Permitted public art as an acceptable encroachment in the required waterfront setback
• Provided standards and guidance on public art funding, location and maintenance
Recognizing public art’s valued contribution to Burlington’s built environment and residents, the
Planning CDO proposes a zoning amendment to define public art in the CDO and amend the
ordinance to exempt public art from zoning permit requirements provided six standards relating to
safety, appropriateness, historic resources, urban design, accessibility and compliance with local and
state law. In summary, the proposed amendment would provide needed transparent public art
standards that encourage and facilitate public art.
Proposed Amendment
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement
The purpose of this amendment is to define public art in the Comprehensive Development
Ordinance and establish language exempting public art from standards requiring a zoning
permit for its installation.
Proposed Amendments
The following amendments to the Burlington Comprehensive Development Ordinance are
included in this proposal:
1. Define Public Art
Provides a new definition for public art that recognizes the broad applications and settings for
these installations.
2. Establish public art as exempt from the requirement to obtain a zoning permit
Establishes six standards that must be provided for compliance with the zoning permit
exemption. The six standards are summarized as follows:
• Public Art shall meet applicable building code to protect public health and safety;
• No public art that is insulting, threatening, discriminatory, hateful, violent or
personally insulting shall be installed;
• Public art installed on or near historic resources shall ensure the continued integrity
and preservation of such historic structures;
• Public art shall not cause or increase non-conformity to required urban design
standards;
• Public art shall be accessible and not obstruct any paths, ingress, or egress, and;
• Public art shall conform to local and state ordinances.
***Begin proposed amendments***
Section 13.1.2 Definitions
Public Art: Public art is a general term for forms of community expression. Public Art may be
located in the public domain (rights-of-way), or on private property yet available for community
viewing. Public art may be cast, carved, built, assembled, or painted, and include murals,
sculpture, memorials, integrated architectural or landscape architectural work, painting,
tapestry, mosaics, ceramics, stained glass, community art, digital new media, Earthworks,
assemblage, installation art and performance. Installations may be transient or permanent.
Sec. 3.1.2 Zoning Permit Required
(c) Exemptions
The following shall be exempt from the requirements of this Ordinance and shall not be required
to obtain a zoning permit:
1. 1-18 as written
19. Public art on private property
a. The installation meets applicable building code for wind load, structural stability,
mounting and any anchoring, to protect public health and safety;
b. The specific installation shall not be insulting, threatening based on characteristics
that are protected under antidiscrimination laws, represent hate, violence, or direct
personal insults that are so offensive they are likely to provoke violence;
c. If mounted on a historic structure, shall be installed so as to avoid damage to historic
materials and shall be removable without causing permanent damage or diminish the
integrity of the structure. If mounted to a masonry building, the fasteners shall
penetrate mortar rather than masonry units so as to be repairable.
d. Within the Form Districts, the proposed art may not cause or increase any non-
conformity to required dimensional standard under Section 14.4.13, Urban Design
Standards (including, but not limited to Façade voids, transparency of glazing) nor
under Section 14.3.13 Shopfront (Ground floor façade voids.)
e. Any public art installation shall not obstruct any path of ingress or egress, nor any
identified ADA accessible route.
f. Any public art installation shall comply with all standards and factors set forth in
existing City Bylaws and city and state ordinances.
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Theme: Dynamic Distinctive Inclusive Connected
Land Use: Conserve Sustain Grow
Compatibility with Proposed Future Land Use & Density
Public art is an integral component of many land use types in Burlington, particularly to the
extent that it supports and promotes Burlington’s character as a cultural and arts center. As
stated in planBTV, public art, “enhances the overall quality of the built environment.” Further,
the Plan promotes public art as, “personalizing the city and activating its streets, providing a
sense of community, and offering seeds for contemplation and conversation.” The amendment
promotes public art that is consistent with a wide range of built environment types.
Impact on Safe & Affordable Housing
The proposed amendment has no impact on housing safety and affordability.
Planned Community Facilities
The proposed amendment has an important impact on the continued encouragement and
facilitation of public art, a defining characteristic of the city as established in planBTV. One of
the Plan’s goals is to, “strengthen the city’s role as a cultural and arts center, and supporting
efforts to expand public art and placemaking within the built environment.” Burlington City Arts
also promotes public art at a variety of locations throughout the community. The proposed
amendment provides necessary transparency to the development and installation of public art
on both public and private property.
Process Overview
The following chart summarizes the current stage in the zoning amendment process, and identifies
any recommended actions:
Planning Commission Process
Draft Amendment
prepared by:
Staff, upon request
of PC Ordinance
Committee
Presentation to &
discussion by
Commission
3/3/22 (OC), 4/7/22 (OC),
5/25/2022
Approve for
Public
Hearing
5/25/2022
Public
Hearing
7/26/2022
Approved &
forwarded to
Council
City Council Process
First Read &
Referral to
Ordinance Cmte
Ordinance Cmte
discussion
Ordinance
Cmte
recommend
Second Read
& Public
Hearing
Council
Approval &
Adoption