HomeMy WebLinkAboutAgenda - Planning Commission - 09/13/2022South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.southburlingtonvt.gov
Meeting Tuesday, September 13, 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/85060887630
• Telephone (929) 205 6099; Meeting ID: 850 6088 7630
AGENDA:
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. *Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Announcements and staff report (7:10 pm)
5. *Discuss possible amendment to the Land Development Regulations enabling green business or modifying
auto sales applicable area for Shelburne Road corridor (7:15 pm)
6. Comprehensive Plan: discuss themes for facilitated public discussion and primary objectives from draft
Climate Action Plan (8:00 pm)
7. *Minutes: August 23, 2022 (8:35 pm)
8. Other Business (8:40 pm)
a. Colchester Planning Commission public hearing, Tuesday, September 20 at 7 P.M. at the Colchester
Town Offices, 781 Blakely Rd, for the purpose of considering amendments to the Colchester
Development
9. Adjourn (8:45 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
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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
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12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to
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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: August 23, 2022 Planning Commission meeting
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. *Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Announcements and staff report (7:10 pm)
Staff updates:
• The City Council on September 19th will be holding a public hearing on a proposed ordinance to
regulate space and water heating sources in new buildings.
• The City Council will also be receiving the draft Climate Action Plan on the 19th, approved by the
Climate Action Plan Task Force at their meeting this week.
• An updated site plan approval has been issued for the Holiday Inn Site on Williston Road. The
updated plans add 9 additional homes, for a total of 83, alongside the Holiday Inn renovation and
the Hampton Inn construction.
• Along these same lines and also in the Form Based Code District, staff issued a re-approval of a 131-
dwelling unit building, with commercial space on Garden Street. This project has been approved in
early 2020 but the applicant chose to let that approval lapse. The project is now likely to begin
moving forward this fall.
5. *Discuss possible amendment to the Land Development Regulations enabling green business or modifying
auto sales applicable area for Shelburne Road corridor (7:15 pm)
See attached staff memo and information from Liam Murphy.
6. Comprehensive Plan: discuss themes for facilitated public discussion and primary objectives from draft
Climate Action Plan (8:00 pm)
In July the Commission discussed the possibility of hosting facilitated discussions on various topics for the
Comprehensive Plan. As we move towards planning these, we’d love Commissioners’ thoughts on themes
for these. What subjects, geographies, etc. do you see as ones that are importance to the community?
These may be Commission-hosted, staff-hosted, or committee-hosted.
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In addition, we’d like to draw you attention to some of the key objectives laid our in the draft Climate Action
Plan. Council will be receiving the Plan later this month. The objectives laid out in this Plan, if approved by
Council, are intended to help inform the Comprehensive Plan; here is a link to the most recent version.
7. *Minutes: August 23, 2022 (8:35 pm)
8. Other Business (8:40 pm)
a. Colchester Planning Commission public hearing, Tuesday, September 20 at 7 P.M. at the Colchester
Town Offices, 781 Blakely Rd, for the purpose of considering amendments to the Colchester
Development
9. Adjourn (8:45 pm)
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: Shelburne Road Zoning Options
DATE: September 13, 2022 Planning Commission meeting
Following last month’s initial meeting, staff has further explored the options and alternatives that would,
among others, enable green industry or auto sales in the former Hannaford’s site.
Attorney Liam Murphy was invited to submit additional thoughts on the proposal he shared for an “adaptive
re-use” allowance. This refined concept, which narrows the application of “adaptive re-use” to green
businesses, is attached.
In reviewing the request and reflecting on the Commission’s feedback at the last meeting, staff has two
approaches for the Commission to consider.
1. Option 1: Adaptive Re-Use
This option would allow for a building/site meeting certain criteria to host uses that would otherwise not be
allowed in the zoning district. The most common use of an adaptive re-use zoning tool is for buildings that
do not otherwise “fit” within their surroundings and no longer house their original intent. They are often
historic buildings, and the general theme associated with them is that the buildings are not well suited to be
re-used in a manner consistent with the zoning. Examples often include former industrial, warehouse, or
places of worship that are in neighborhood areas; they are out scaled for their surroundings and would be
well-suited to a special zoning allowance for additional uses, higher density, etc.
Staff would recommend that if the Commission wishes to pursue this option, it should consider what
characteristics of a site make it eligible for this supplemental zoning allowance. Attorney Murphy proposed
that it be applicable to buildings in the C1-R15 district that have been vacant for at least 18 months. Staff
would recommend that the Commission consider other criteria that further distinguish the site. Options
could include a minimum building footprint, age of the building, and a minimum distance from an arterial
road such as Shelburne Road or the Urban Design Overlay District.
Related and importantly, the Commission would also need to consider the zoning districts that would allow
this new use “by right” as a permitted use, if any. A challenge of creating a new use category in zoning is that
any activity that falls within that definition is then subject to where such a use is permitted. An unintended
consequence of creating a new “green” use category is that it would be prohibited wherever not explicitly
permitted. Staff would recommend the Commission consider “like” zoning districts and also consider that
the tenants could range widely in this use category.
If ultimately the Commission elects NOT to use this tool for this present request, the tool could still be
explored in the future for other “adaptive re-use circumstances” around the City.
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Option 2: Zoning District Boundary Re-alignment
This is a concept that was discussed briefly during the PUD work: re-delineating the boundaries of certain
zoning districts. As discussed at the last meeting, there are three districts along Shelburne Road:
• C1-R15 (Northern portion of Shelburne Road, Farrell Street, Joy Drive, Fayette Dr), in Red
• C1-Auto (Center portion of Shelburne Road, including the auto dealerships north of Holmes Road) In
Blue outline
• Commercial 2 (Southern half of Shelburne Road), in Purple
C1-Auto and Commercial 2 both presently allow for auto sales, while C1-R15 does not. The allowance for
auto sales is effectively the only distinction between C1-R15 and C1-Auto. Below are maps showing a
possible re-arrangement. [existing auto dealerships are shown with a yellow tag]
Map 1: Current Zoning & Auto dealers
Map 2: Possible Zoning & Auto dealers
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A zoning district boundary change could capture the areas the City is interesting in allowing auto sales,
further removed from Shelburne Road, while removing areas that presently allow auto sales where they do
not exist. In the example above, the 42-acre C1-Auto District would be reconfigured to add 7 acres to the C2
district, create a new 40-acre C1-Auto District, and reconfigure / slightly reduce the size of the C1-R15
district by 5 acres.
If this Commission elected to pursue this option, staff would also recommend allowing “Municipal Facilities”
in the Commercial 2 district. That use is not presently allowed in C2; the mapped change above would place
the Holmes Road Fire Station into the revised C2 district. Lot coverages and setbacks are the same for the
districts. Residential density is lower in the C2 district, but at present the only affected uses would be the
fire station and an auto dealership.
Staff looks forward to the discussion on Tuesday.
REVISED ADAPTIVE REUSE OPTION; Liam Murphy, Esq. 8/12/22
ADD TO Article 2 DEFINITIONS
Sale, service or distribution of alternative energy or sustainable transportation services or
products or services: A business enterprise engaged in the sale, distribution servicing and repair
of alternative energy products such as solar, wind, geothermal, electric vehicles and other similar
products or services exclusively related to such products.
“Electric Vehicle (“EV”)”: A motor vehicle with an electric motor as its exclusive means of
propulsion and does not include any propulsion from a conventional combustion engine.
ADD TO 14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
M. Adaptive Reuse: The allowance of “the sale, service or distribution of alternative energy or
sustainable transportation services or products or services” which uses are not otherwise
permitted or conditionally permitted in an underlying district.
The allowance of such additional uses is permitted in order to encourage the adaptive
redevelopment of existing vacant commercial establishments and sites and promoting climate
friendly businesses. Such allowance promotes and exemplifies principles of sustainable
development, while also encouraging alternative energy uses, while also ensuring the
maintenance of the general character of the location of the building or site. Adaptive reuse
recognizes that retention and rehabilitation of existing buildings reduces the consumption of
building materials, resources, energy and water needed for new construction. Through adaptive
reuse unoccupied buildings and sites can become suitable for many different types of compatible
climate friendly uses.
The adaptive reuse of existing buildings or existing developed sites are allowed as a “Conditional
Use” in the Commercial Districts, the Industrial and Airport Districts provided:
(a) such use is located in an existing building or on an existing developed site; and
(b) the building or site has been vacant for at least 18 months prior to the application for
adaptive reuse; and
(c) any structural alterations, modifications, additions, and renovations do not include
demolition of more than 20% of the volume of existing principal structures; and
(d) any alterations or modifications of the impervious surfaces of existing site shall not result
in an increase of impervious surfaces by more than 10%; and
(e) The use is for the sale, service or distribution of alternative energy or sustainable
transportation services or products; and
(f) the use obtains Site Plan approval.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
23 AUGUST 2022
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The South Burlington Planning Commission held a regular meeting on Tuesday, 23 August 2022, at 7:00
p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology.
MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Ostby, D. Macdonald, P. Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; L. Murphy;
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:
Mr. Murphy followed up on his request from the previous meeting and asked that it be on the
Commission’s agenda as a zoning amendment as soon as possible.
4. Planning Commissioner announcements and staff report:
Mr. Riehle noted that a town in Indiana has 102 roundabouts and only one traffic light.
Ms. Ostby reported that on NPR there was an item regarding financial value of natural resources. She
also noted that the White House is creating a “natural capital account.”
Mr. Conner: advised that last week the Council had a first reading of an ordinance to require that 85%
of principal heating systems be from a renewable source. Backup systems can be gas. There will be a
public hearing on 23 September. He also noted that the Climate Action Task Force has presented this to
the Council as a priority.
Artie Gillies, UVM graduate, has joined the Planning Department. Kelsey will be
returning in September. This will bring the department back to where it was 2 months ago.
The anticipation is that the Tesla request will be on the next agenda.
Mr. Engels asked what “retrofitting” is. Mr. Conner said it is a tool that many communities use to allow
for “adaptive reuse” so that a building could have an activity that might otherwise not be allowed. This
is the concept that Mr. Murphy is presenting.
Mr. Riehle asked whether the Commission would grant a “fast track” to a citizen who came with a
request. Mr. Conner said the schedule is up to the Commission. He stressed that a zoning change
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consideration must always look at the wider context, not just one property. Ms. Louisos noted that the
Commission does have a written policy regarding requests.
5. Discussion of each Planning Commission member’s vision for the City:
Mr. Riehle: Likes the vision in the existing Comprehensive Plan with the addition of bus ridership,
having the city known for something unique, people clearly realizing they are in South Burlington, more
creative housing types, an overabundance of trees, respecting the qualities of existing neighborhoods, a
city public pool, and an increase in housing city-wide.
Mr. Engels: Not a happy vision: Cider Mill becoming a tenement with clotheslines between houses,
a continuing wave of people needing housing, no Airport because planes will be too expensive and
destructive to the environment, rainfall below average creating a water problem.
Ms. Ostby: A focus on “dignity” with everyone getting a good night’s sleep, moving without a car.
She noted Los Angeles has a 9-point plan “Design for Dignity” one goal of which is to promote
architecture, creativity, safety, and the ability to age in place. People should want to live in the houses
that are being built…not hearing motorcycles racing on Shelburne Road at 4 a.m.
Mr. MacDonald: Climate change and housing are the biggest issues. He would like to see the city
be a leader in infill housing. He felt there will be some development in green areas which he hoped
would be very "smart.” Parks should be very important. Public transit should be such that people will
want to use it. He didn’t want South Burlington to become an exclusive place to live. He wanted his
children to be able to afford a home.
Ms. Louisos: An increased quality of life, more resilient to drought, more bike and walking space,
with fewer cars going through the city. Sufficient parks and connections between neighborhoods.
Protection of natural areas and farms.
Mr. Riehle saw the possibility of more farms to replace Midwest farms where they are unable to feed
their cattle, etc. He also want to see equal access to services.
Ms. Ostby said they will have to decide if R-1 zoning is appropriate anymore.
Mr. Conner noted that planners use a 20-year planning horizon because it can be conceived of.
However, it is also possible to look 50 years into the future, especially in areas where things are now
changing. He added that the Comprehensive Plan is the place to look for change in the city regarding
future regulations. It should set the vision first.
Ms. Ostby questioned the possibility of streets with “multiple zoning” so that if an industry moves out, it
would not necessarily have to be a similar use coming in.
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Mr. Conner said that in Form Based Code, all uses are permitted unless specifically prohibited. If a
project can meet the standard (e.g., frontage, height, etc.), it can be built. Ms. Ostby asked how that
could be looked at in other areas of the city, possibly with a set of prohibitive uses that would kick in.
Ms. Ostby also noted that she is seeing more e-bikes, and she was concerned with safety on non-bike
path streets. She felt that part of the vision should be in ensure that all roads have room for e-bikes all
year.
Mr. Macdonald said he foresaw the city having more “climate refugees,” and he questioned how the city
will handle that and where. Mr. Riehle said people are already coming from Texas and California. He
felt South Burlington can’t handle it all but should do its part. Ms. Louisos added that jobs will be
important. She didn’t want to see big sprawling industrial things.
6. Commissioner idea session for Comprehensive Plan and City goals:
Mr. Conner suggested having all the major goals on one page, briefer and more “punchy.” He noted
that one goal of the CCRPC plan is that 85% of new development occur on 15% of the land area. Mr.
Riehle felt that makes sense. Mr. Conner noted that since 2015, 87% of growth has occurred in areas
designated for growth.
Ms. Ostby noted that Route 7 in South Burlington empties onto the Interstate, but as soon as it crosses
into Burlington, there are houses with trees, etc. He noted that South Burlington is trying to encourage
housing there but she didn’t know if it was being done well anywhere. She hoped the Comprehensive
Plan could help make that artery a place where people can live with dignity. Mr. Engels acknowledged
there are serious problems on Shelburne Road. There is too much traffic and no place for it to go. Ms.
Ostby felt a goal should be to make that corridor better.
Mr. Macdonald said the same is true for Williston Road. He felt there is an opportunity to get more
housing there.
Mr. Riehle felt there should be more trees on all roads coming into the city.
Ms. Ostby suggested a brainstorming session with architects: if there were no regulations, how would
you make these roads a place you would want to live in for the rest of your life?
Mr. Engels said streetscapes should slow traffic down.
Mr. Conner said staff’s intent is to take what they have heard from the Commission and from the
community and do a “first cut.” The question they will consider is how to make this more about people
than about land. He noted that in the future, the majority of people in South Burlington will not be
living in single family homes. The question will be how to reach the underserved part of the population.
7. Discuss Comprehensive Plan outreach plan:
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Mr. Engels suggested holding a public hearing first and then developing a plan based on what they hear
from the public. He felt this approach worked well with the Task Force on the Airport rezoning request.
He said the Commission needs to start recognizing neighborhoods and listening to people talk about
their neighborhoods. He wanted to see the 2016 Chamberlin Neighborhood Plan along with what other
neighborhoods want.
Ms. Ostby suggested that each members be responsible for a few of the city’s 40 neighborhoods. There
should also be a "go to" person in each neighborhood.
Mr. Macdonald asked how they would frame a discussion. Mr. Conner said people should be given
something to start with.
Mr. Riehle was concerned that other neighborhoods aren’t as engaged as the Chamberlin
neighborhood.
Ms. Ostby said Commission members should not take their own neighborhoods.
Mr. Engels cited the importance of publicizing this in the newspapers.
Mr. Conner noted the importance of people like firefighters, police, library workers who have a lot of
regular outreach and suggested the Commission speak with them. He added that the city’s Newsletter
reaches about half of the city’s residents.
Ms. Ostby suggested next steps include looking at Front Porch Forum to make sure that everyone is
covered and to initiate contact while the weather is still warm. She suggested the possibility of a
meeting in the park.
It was noted that the Champlain Housing Trust is hosting barbeques related to the Climate Action Plan.
Mr. Macdonald said that realistically they will reach people only once. Mr. Conner added that one
contact should relate to the top 4 or 5 goals.
8. Meeting Minutes of 8 August 2022:
Mr. Riehle moved to approve the Minutes of 8 August with one spelling correction. Mr. Engels
seconded. Motion passed 4-0 with Mr. Macdonald abstaining.
9. Other Business:
a. South Burlington BESS 1 LLC Proposed Battery Energy Storage Project 45-Day Notice of
Section 248 Petition to be filed with Vermont Public Utilities Commission, Community
Drive:
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Mr. Conner showed an overhead with the location of the project on Community Drive. It would not be
visible from the road at all. Ms. Ostby cited the importance of keeping away from residential areas
where people are in the homes for many hours a day as there can be health issues.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:35 p.m.
___________________________________, Clerk
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Proposed Amendments to the Development Regulations
Notice of Public Hearing
Colchester Planning Commission
Tuesday, September 20, 2022
7:00 PM
TO: Chair of Planning Commission
Milton
Burlington
Essex Town
Essex Junction
Winooski
Westford
South Hero
South Burlington
Charles Baker, Executive Director, CCRPC
VT Department of Community Development
FROM: Cathyann LaRose, AICP, Director of Planning & Zoning
DATE: August 19, 2022
RE: Notice of Supplement 44 to the Colchester Development Regulations
Pursuant to Title 24 VSA, Chapter 117, the Colchester Planning Commission will hold a
public hearing on Tuesday, September 20 at 7 P.M. at the Colchester Town Offices, 781
Blakely Rd, for the purpose of considering amendments to the Colchester Development
Regulations.
2
Overview of Amendments
The proposed amendments are as follows:
a. Create new residential zoning districts Lakeshore 3 (LS3) and Lakeshore 4 (LS4).
[Chapters 3.06 and 3.07, Table A-1, Table A-2];
b. Reorganization of statutory references to Municipal Plan, Permitted Uses and
Conditional uses to reduce redundancy [Chapter 1.07 and throughout];
c. Updates to process for zone change requests to align with PC policy adopted
February 2022 [2.03D]
d. Clarifications and minor substantive adjustments related to dimensional standards
of accessory structures, including height and placement. [2.09 and Table A-2];
e. Minor changes to language related to accessory dwelling units: change from use of
“apartment” and “residential unit” to be consistent with statute; clarity with respect
to obtaining a wastewater permit prior to issuance of a zoning permit [2.09B and
definitions, 12.02];
f. Clarify how heights of fences are measured [2.10B]
g. Changes to status of non-conforming use status to provide for limited extension
[2.12];
h. Explicitly connect wastewater requirements of Chapter 4 of the Code of Ordinances
to the Development Regulations [2.15]
i. Update reference to Building Code subsection to reflect changes in Chapter 4 of the
Code of Ordinances [2.17];
j. Clarify that the Severance Corners Form Based District is the General Development
3 (GD3) District [4.03];
k. Updates to Water Protection District to include exemptions permitted under state
statute for stormwater management systems [7.04C];
l. Consider regulations related to electric vehicle charging stations, as remanded from
the Selectboard as part of Supplement 43 [10.01 C (7-9)];
m. Extend expiration period for major subdivisions and clarify rights associated with
24 VSA 4463 for subdivision plats [9.04H]
n. Updates related to bicycle parking, as remanded from the Selectboard as part of
Supplement 43. [10.01K];
o. Updates to commercial vehicle definitions and parking standards, as remanded
from the Selectboard as part of Supplement 43 [10.01M];
p. Updates to Photovoltaic Systems (solar collectors) to be consistent with statute and
Chapter 4 of the Code of Ordinances [10.08];
q. Updates related to non net-metered Photovoltaic systems to provide for increased
height and reduced screening requirements of ground-mounted systems [10.08B3];
r. Updates to fence and setback requirements for Wind-Turbines [10.09];
s. Clarifications related to requirements for water and wastewater permits [11.03B];
t. Extend expiration period for zoning, sign, water, and wastewater permits [11.04
&11.05]]
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u. Amend definition of “Inn” to reduce number of allowed rooms and length of stay
[Chapter 12];
v. Amend definition of “Excavation” to exclude work exempt from or authorized
under State permitting [Chapter 12];
w. Various, non-substantive grammatical and organizational adjustments [text and
Table A-1];
x. Zoning Map; includes changes to R2, creation of LS3 and LS4 districts.
These are a summary of the proposed changes. The existing and proposed regulations can be
found at the Town Offices at 781 Blakely Road and may also be reviewed online at
http://www.colchestervt.gov.
Background: Planning Commission and Public Outreach and Discussion
The Planning Commission held meetings in the public to discuss the individual and collective
pieces of the amendments on the following dates: February 1, April 5, April 8, May 3, May
17, June 21, July 19, and August 2, 2022.
Additional Documents and Resources:
In accordance with 24 V.S.A. §4441, and included herein, the Colchester
Planning Commission has prepared a report regarding the proposed amendments
and adoption of the Town’s Development Regulations.
Minutes for all Colchester Planning Commission meetings, including those
enumerated herein, may be viewed online at https://clerkshq.com/Colchester-vt.
Formal public notice of this hearing is expected to have been published by Seven Days
VT by August 24, 2022; it is also posted for public viewing at the Colchester Town
Offices, the Colchester Post Office, and Colchester’s Burnham Memorial Library.
Public notice is also posted to the town’s website, www.colchestervt.gov
Please address any questions to Cathyann LaRose, Director of Planning and Zoning, at
clarose@colchestervt.gov or by phone at 802-264-5606.
Please address any comments to the Colchester Planning Commission, 781 Blakely
Road, Colchester, VT or by email to Cathyann LaRose at the email or phone listed
above.
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Colchester Planning Commission
Proposed Amendments to the Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing
Tuesday, September 20, 2022, 7:00 PM
Pursuant to Title 24 VSA, Chapter 117, the Colchester Planning Commission will hold a
public hearing on Tuesday, September 20 at 7 P.M. at the Colchester Town Offices, 781
Blakely Rd, for the purpose of considering amendments to the Colchester Development
Regulations.
In accordance with 24 V.S.A. §4441, the Colchester Planning Commission has prepared
the following report regarding the proposed amendments and adoption of the Town’s
Development Regulations.
Overview of Amendments
The proposed amendments are as follows:
a. Create new residential zoning districts Lakeshore 3 (LS3) and Lakeshore 4 (LS4).
[Chapters 3.06 and 3.07, Table A-1, Table A-2];
b. Reorganization of statutory references to Municipal Plan, Permitted Uses and
Conditional uses to reduce redundancy [Chapter 1.07 and throughout];
c. Updates to process for zone change requests to align with PC policy adopted
February 2022 [2.03D]
d. Clarifications and minor substantive adjustments related to dimensional standards
of accessory structures, including height and placement. [2.09 and Table A-2];
e. Minor changes to language related to accessory dwelling units: change from use of
“apartment” and “residential unit” to be consistent with statute; clarity with respect
to obtaining a wastewater permit prior to issuance of a zoning permit [2.09B and
definitions, 12.02];
f. Clarify how heights of fences are measured [2.10B]
g. Changes to status of non-conforming use status to provide for limited extension
[2.12];
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h. Explicitly connect wastewater requirements of Chapter 4 of the Code of Ordinances
to the Development Regulations [2.15]
i. Update reference to Building Code subsection to reflect changes in Chapter 4 of the
Code of Ordinances [2.17];
j. Clarify that the Severance Corners Form Based District is the General Development
3 (GD3) District [4.03];
k. Updates to Water Protection District to include exemptions permitted under state
statute for stormwater management systems [7.04C];
l. Consider regulations related to electric vehicle charging stations, as remanded from
the Selectboard as part of Supplement 43 [10.01 C (7-9)];
m. Extend expiration period for major subdivisions and clarify rights associated with
24 VSA 4463 for subdivision plats [9.04H]
n. Updates related to bicycle parking, as remanded from the Selectboard as part of
Supplement 43. [10.01K];
o. Updates to commercial vehicle definitions and parking standards, as remanded
from the Selectboard as part of Supplement 43 [10.01M];
p. Updates to Photovoltaic Systems (solar collectors) to be consistent with statute and
Chapter 4 of the Code of Ordinances [10.08];
q. Updates related to non net-metered Photovoltaic systems to provide for increased
height and reduced screening requirements of ground-mounted systems [10.08B3];
r. Updates to fence and setback requirements for Wind-Turbines [10.09];
s. Clarifications related to requirements for water and wastewater permits [11.03B];
t. Extend expiration period for zoning, sign, water, and wastewater permits [11.04
&11.05]]
u. Amend definition of “Inn” to reduce number of allowed rooms and length of stay
[Chapter 12];
v. Amend definition of “Excavation” to exclude work exempt from or authorized
under State permitting [Chapter 12];
w. Various, non-substantive grammatical and organizational adjustments [text and
Table A-1];
x. Zoning Map; includes changes to R2, creation of LS3 and LS4 districts.
These are a summary of the proposed changes. The existing and proposed regulations can be
found at the Town Offices at 781 Blakely Road and may also be reviewed online at
http://www.colchestervt.gov.
Background: Planning Commission and Public Outreach and Discussion
The Planning Commission held meetings in the public to discuss the individual and collective
pieces of the amendments on the following dates: February 1, April 5, April 8, May 3, May
17, June 21, July 19, and August 2, 2022.
3
The Planning Commission has considered the proposed amendments for the purpose of
fostering the goals and objectives of the adopted 2019 Colchester Town Plan. In doing so, the
Commission has thoughtfully considered the following with respect to the proposed
amendments:
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 amendment includes mostly text and organizational clarifications for
existing processes. Where substantive changes are proposed, they are either neutral to the
availability of affordable housing, or serve to reduce administrative barriers. Change ‘e’ is
included to align the Town’s accessory dwelling unit language, commonly accepted as a
form of affordable housing, with the language in state statute. Extending the expiration
period for some of our permits is expected to provide more flexibility for planned
affordable housing types that rely on grants or outside funding which have sometimes led
to protracted permitting times.
2. Is compatible with the proposed future land uses and densities of the municipal plan:
The adopted 2019 Town Plan specifically outlines a desire to preserve views and make
changes to the area of East Lakeshore Drive (pages 20, 29 (action 5). The most
substantive of proposals in this set of amendments include changes in this geographical
area, all of which are in line with the text and goals of the adopted plan.
Other changes are technical in nature, neutral or intended to support identified future land
uses and densities within the plan. No part of the proposed amendments is contradictory to
the identified policies and actions within the plan.
3. Carries out, as applicable, any specific proposals for any planned community
facilities.
The proposed changes to the regulations will not impact planned community facilities.