HomeMy WebLinkAboutAgenda - Planning Commission - 03/21/2023South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.southburlingtonvt.gov
Meeting Tuesday, March 21, 2023
City Hall, 180 Market Street, Room 301
7:00 pm
Members of the public may attend in person or digitally via GoToMeeting. Participation Options:
In Person: City Hall, Room 301, 180 Market Street
Interactive Online: https://meet.goto.com/245211349
Phone: 1 571 317 3122; Access Code: 245-211-349
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. *City Plan 2024: Community Services Section Review and Discussion (7:20 pm)
6. *City Plan 2024: Energy Section Review and Discussion (8:05 pm)
7. *LDR Amendments: Discuss and possibly move for public hearing (8:25 pm)
a. LDR 23-01 Solar Requirement – to require installation of a solar photovoltaic system association
with any new buildings required to establish a Solar-Ready Zone as defined by the Vermont
Commercial Energy Standards or Vermont Residential Building Energy Standards
b. LDR 23-02 Minor and Technical Amendments – clarify a contradictory authority for setback
standards in Section 3.06J and correct numbering errors throughout the LDRs.
8. *Minutes: January 24, 2023; January 31, 2023 (8:40 pm)
9. Other Business (8:45 pm)
10. Adjourn (8:55 pm)
Respectfully submitted,
Kelsey Peterson, City Planner
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure
that everyone has a chance to speak and that meetings proceed smoothly.
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”.
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner
SUBJECT: Planning Commission Meeting Memo
DATE: For March 14, 2023 Planning Commission meeting
The agenda and materials for the March 14, 2023 Planning Commission meeting are the same as for the
cancelled February 28, 2023 meeting. Please see explanatory memo, materials, and minutes to be approved,
below.
I have still included the proposed Solar Requirement amendment to the LDRs. This item can be continued to
the next meeting if discussion of the City Plan 2024 sections take the full meeting. Alternatively, the Solar
Requirement can be moved for public hearing relatively quickly and then full discussion occur after the
public hearing. Very little has changed in the substance of the proposed amendment since it was raised in
December 2022.
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner
Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: For February 28, 2023 Planning Commission meeting
1. Welcome, instructions on exiting the building in the event of an emergency
2. Agenda: Additions, deletions or changes in order of agenda items
3. Open to the public for items not related to the agenda
4. Announcements and staff report
5. City Plan 2024: Community Services Section Review and Discussion
We are beginning the process of Planning Commission review of drafts of sections. As a quick note – “City Plan
2024” is the name we’ve given to the update process to be understandable to the general public and to appear
on advertising and materials. It is not necessarily a finalized name for the document we produce at the end of
this process.
To set the foundation again, I have also included the draft 2024 Vision & Goals statements. As you all already
know, these statements form the core of our City policy and drive our decisionmaking in writing the Plan and in
future years of policy decisions under the Plan.
I have included a draft section on Community Facilities and Services. This is the first opportunity for the Planning
Commission to review the policies and vision presented in the section. I began with the relevant sections of the
2016 Comprehensive Plan, stripped out what was outdated, unnecessary, or otherwise unneeded (in my
opinion) to keep in the 2024 plan, then added in information that I’ve received from the relevant departments
and from the public. I have met with the Police Department, Fire Department, and Department of Public Works.
We also held a public meeting on Public Safety, Public Works, & Basic Needs on February 2, 2023.
The section is our first attempt at having the Plan be values driven, both by the Vision & Goals statements and as
outlining community issues and providing values-driven plans for how to address those issues. At this stage, I am
hoping for feedback on the policy statements that are included in the draft. This includes any thoughts on things
that are missing, with the caveat that this is the first section you’re reviewing and what you are looking for may
be included in a future section. Also, the “Objectives” at the top are some of my thoughts, but are placeholders
partially for testing the structure of the section – discussion of the objectives to be included will be a future
discussion. Finally, there are likely sections that will be moved around in the final draft. For example, this section
does not currently include full discussion of our water, sewer, and stormwater systems, but does include some
discussion of DPW and its other roles. We’ll have to figure out after more sections are drafted where some
sections may best fit.
2
To streamline the discussion – this is not the stage when I’m looking for line-by-line edits. There will be time for
that level of review later in the process. Right now, I’d love for the discussion to be at the policy/substance level
– are the statements made accurate and do they convey what the City wants them to convey?
6. *City Plan 2024: Energy Section Review and Discussion (8:00 pm)
Much of what is explained above under 5 is also applicable here. However, the Energy section relies heavily on
the Climate Action Plan process and resulting report. Because the City has committed to the goals of the CAP,
the objectives of the Energy section reflect those goals. This section also endeavors to draw connections
between the CAP goals and other values in this Plan, including equity. This section also benefits from the input
of the Energy Committee and the Community Conversation on Energy.
7. Solar Requirement: Review and Discussion of Legal Review (8:15 pm)
Please see attached memo, language, and report.
8. *Minutes: January 24, 2023; January 31, 2023 (8:40 pm)
9. Other Business (8:45 pm)
10. Adjourn (8:55 pm)
Vision & Goals
Working Draft 2022-10
South Burlington holds the following as our core
values, vision, and goals that will drive our decision
making and work over the life of this Plan and beyond:
Inclusive, Fair, and Just. Create opportunity for all our
residents and visitors.
• Strive to give each person a dignified experience in
our community.
• Be equity-oriented, transparent, and fiscally
responsible in governance, policy development and
implementation, investment, advocacy, and
delivery of services.
• Be affordable, with housing for people of all
incomes, lifestyles, and stages of life.
• Preserve our unique features while investing in
enhancing and adapting our neighborhoods to meet
future needs.
• Be a recognized leader in public education offerings
and outcomes.
• Provide quality public safety, infrastructure, health,
wellness, and recreation services.
• Acknowledge that the City is on the traditional
territory of the N’dakina/Abenaki and Wabanaki
peoples and support members of these nations and
other indigenous nations within our community.
Human-focused. Invest in a high-quality, human-scale
built environment.
• Invest in parks, facilities, and infrastructure to build
community, a sense of place, well-being, and
belonging.
• Focus on a safe, resilient, and efficient
transportation system that prioritizes pedestrian,
bicycle, and transit options ahead of driving.
• Establish a vibrant, diverse, and community-focused
city center with pedestrian-oriented design, mixed
uses, public buildings, public art, and civic spaces.
• Prioritize new development and re-development in
built areas served by transit and public
infrastructure.
• Invest in, and support thoughtful infill into,
neighborhoods so they thrive and evolve to meet
future needs.
Climate Resilient. Emphasize sustainability for long-
term viability of a clean and green City
• Meet or exceed the goals of the Vermont Global
Warming Solutions Act by rapidly reducing
consumption of fossil fuels, significantly increasing
renewable energy production, and promoting
energy efficiency
• Conserve and protect our natural resources, wildlife
habitat and corridors, forests, agricultural lands,
and ecosystems
• Focus City investment on adaptive and resilient
public infrastructure
• Vigorously promote clean air and clean water
• Conserve important historical sites and structures
• Provide recreational space for all residents
Opportunity-Oriented. Be a supportive and engaged
member of the larger regional and statewide
community.
• Provide local and accessible services to our current
residents, employees, and visitors, and plan for
people and nature of the next century and beyond
• Invest in and closely engage with education in our
community
• Promote and support the City’s role as an economic
engine for Vermont by promoting community
businesses and local job creation.
• Support a diverse and resilient economy with
quality jobs, employment centers, small businesses
and entrepreneurship, educational and research
systems, and strong markets for local agricultural,
food, and other products.
• Make decisions that explicitly consider the
implications of today’s decisions on tomorrow’s
South Burlington, Chittenden County, and Vermont
D. Community Facilities and Services
The South Burlington community, like any community, has basic needs that need to be met. Municipal
government facilities and services can provide support for members of the community to meet these
basic needs, but also to encourage development of community social networks and support systems.
The City of South Burlington must continue to strive to provide services that are professional, customer-
oriented, innovative, and in partnership with our surrounding municipalities. These services should
support social connection, resiliency, and neighborhood-level community. They also must be accessible
and equitably provided to all members of our community.
We also must center the climate-mitigation goals in the Climate Action Plan in our municipal decision-
making. We must also ensure that our services, policy, facilities, and equipment limit the impacts of
climate change and increase our community’s climate resilience.
The community faces issues of safety, welfare, and basic needs that the City can address through its
departments, outside partnerships, and with the school district. In this section, the City evaluates how
the City can further its Vision & Goals and help alleviate community issues through provision of
adequate and efficient government services.
OBJECTIVES:
Inclusive, Fair, and Just.
• Provide City Services accessible to all residents and users of the City
• Orient Public Safety services to providing just and equitable first response
• Fully fund the Community Justice Center
Human-focused.
• Promote community through increasing usage of the Library circulation, public space
reservation, and provision of varied and inclusive programming
Climate Resilient.
• Support City fleets (DPW, Police, Fire, Rec & Parks, etc.) toward electrification by 20XX?
• Utilize City facilities, like City Hall and the Library, as warming and cooling centers to relieve
climate-related weather hazards
Opportunity-Oriented.
• Commit to greater staffing and resources for the Fire Department and Police Department to
provide better support for mutual aid to our partner organizations
WHAT ARE OUR COMMUNITY NEEDS?
Public Safety, Community Justice, & Social Services
The City of South Burlington recognizes that the community is stronger when our community
members feel safe and are safe in the community and in their homes. Law enforcement services and
emergency response can strengthen our community by strengthening public safety. We can also
strengthen our public safety by providing more community-level support and justice outside (or in
addition to) traditional court proceedings. Community safety is also bolstered by robust fire protection
planning and permitting, and with rapid fire response. Our fire protection and response will also need to
adapt over time as our summer temperatures and drought conditions change with climate change.
Our community has also seen an increasing need, or increasing visibility of the need, for mental
health and other social services. This includes acute mental health crises, non-acute social services
support, connection to other partner programs and services, and support for community members
struggling with meeting their basic needs. These issues may be exacerbated by climate change, with
changing weather events, changing stability in the food system, and changing temperatures over time.
The City should explore new and creative approaches to meeting these increasing needs and possibly
providing additional or different types of support for our community members.
Historically, law enforcement and emergency response has been the primarily responsibility of
the South Burlington Police Department and South Burlington Fire Department. More recently, the
Community Justice Center has been established to meet some of the community justice needs of our
community. In addition, the Police Department and Fire Department have been responding to more and
more calls that involve unmet social service and/or mental health needs. We continue to need to look
for flexible solutions to support public safety in our community and to tap into the resources we have.
Police. The primary role of the Police Department in the City is for law enforcement and emergency
response. The Police Department provides primary law enforcement services (except at Burlington
International Airport, served by the Burlington Police Department), participates in mutual aid and
collaboration with other agencies, and operates community outreach programs. It is a goal of the City to
provide for robust law enforcement and emergency response in our community. However, recruitment
of new police officers and staff has also been difficult in recent years, with changing community
perception of policing in general and as a career option.
The Police Department has the potential to provide community outreach, education, and non-patrol
activities, which can improve public safety and the perception of policing in the community. The Police
Department values community partnerships and collaboration and has a goal of returning to a staffing
level that would allow for more resources to be dedicated to enriching these partnerships, after
reaching a sustainable level of staffing for primary law enforcement.
The Police Department currently has 33 officers, and is funded for 38 officers. The Police Department
also contains its Records Division, which is well resourced but is also heavily used for response to
records requests. The Police Department has been headquartered at 19 Gregory Drive since 2010.
Community Justice Center. The South Burlington Community Justice Center (“CJC”) hosts reparative
panels, provides mediation services, and assists with offender re-entry through Circles of Support and
Accountability. The CJC is currently funded by grants from the State Department of Corrections, which
leaves the program in a tenuous position with financial stability lying outside of South Burlington.
Commitment to inclusivity, fairness, and justice should encourage shifting this funding to be internal to
the City as possible.
Fire and Rescue. The South Burlington Fire Department (“SBFD”) provides primary fire, medical and
specialized rescue response. It serves the civilian buildings at the Burlington International Airport. SBFD
supports and is supported by surrounding communities and the Air National Guard Fire Department as
part of mutual aid agreements. The SBFD is staffed with full-time professional personnel. Two fire
engines and one ambulance are staffed 24 hours per day, with support from additional call-outs.
SBFD operates from two fire stations:
◆ Station #1 is located on Dorset Street. This is the primary fire station for the City.
◆ Station #2 is located on Holmes Road, west of Shelburne Road. This station reduces response
times to the southwestern end of the City, an area with a significant volume of emergency incidents.
The City and the Fire Department continue to strive for a more diverse firefighting and civilian staff,
which will require some renovations to both stations to provide for additional bunkhouse space for non-
male firefighters, additional shower and bathroom space, and overall updates. Physical changes are a
step toward a goal of being a welcoming and supportive department.
Fire safety relies on response, but it begins with planning and protection. The City notes that fire
protection is a basic need of our community. Currently, building inspections, new construction, electrical
inspection, and fire code enforcement are provided by the South Burlington Fire Marshall’s Office and
the State of Vermont Division of Fire Safety, using the Vermont fire safety standards. The SBFD also
annually inspects all businesses that apply for a liquor license and assists residents with safety
equipment and information. As the City population continues to grow, City Center continues to be built
out more densely, and commercial businesses continue to develop commercial areas, we recognize that
the needs for this kind of fire protection will continue to increase.
Emergency Preparedness and Response
Preparation for and response to emergencies is a core government service provided by the City
of South Burlington. The City actively embraces a four-phase strategy of emergency preparedness and
response: mitigation, preparedness, response, and recovery.
Mitigation. Mitigation links emergency management, infrastructure maintenance, and land use
planning. The City approaches mitigation as a multi-faceted issue. True mitigation starts with the
development or redevelopment of land, design of buildings, location of emergency services, and
collaboration with other agencies. It is also affected by climate change and increasing storm frequency
and severity. The City has a current All-Hazards Mitigation Plan (“AHMP”) that identifies potential risks
with likelihood and scale of damage. The AHMP presents actions for the City, its residents, and its
businesses to lessen the risk of future incidents. The AHMP identifies severe winter storms, gas and/or
electric service loss, and flooding as hazards that warrant the greatest attention.
The Department of Planning & Zoning, the Planning Commission, and the Development Review Board
are all involved in writing and enforcing regulations that mitigate risk. The South Burlington Fire and
Rescue Department and Department of Public Works regularly provide input regarding the location and
access of buildings, roadways, and other safety-related issues in local development review through
participation at the Development Review Board.
Preparedness. Emergency preparedness and response in South Burlington are coordinated through the
Fire Department and Police Department. In addition to ongoing training, the City regularly works with
the School District, senior housing groups, and local organizations such as the Red Cross to enhance
public preparedness. South Burlington has also been an active participant in the Chittenden County
Local Emergency Planning Committee, a regional organization responsible for coordinating emergency
preparedness.
The City maintains an Emergency Operations Plan with public emergency alert strategies and
responsibility of various departments. It identifies several potential shelter locations, including schools,
churches, and other large community buildings, approved by the American Red Cross to use in the event
of an emergency. The City also maintains an Emergency Operations Center at the Public Works facility.
Response. The Police Department and Fire Department are primarily responsible for emergency
response in South Burlington, supported by the Department of Public Works, the Vermont Agency of
Transportation, and mutual aid response partners. Emergency dispatch is managed through the Police
Department, and systems are redundant to Burlington.
Recovery. Recoveries from large-scale incidents in the City have generally been related to flooding.
South Burlington has worked diligently, through its Stormwater Division, to address the causes of wide-
scale flooding incidents.
Flood resiliency. Improving flood resilience reduces the community vulnerability to flooding and to
support recovery, especially in the face of climate change. Due to its geography and elevation, South
Burlington doesn’t face the same level of flood risk as many Vermont communities. The City has and
shall continue to work to improve flood resiliency. The City has restricted development within primary
conservation areas, river and stream corridor buffers and setbacks, mapped flood plains, and along Lake
Champlain. The City has Low Impact Development stormwater standards and the state’s first
Stormwater Utility, a watershed approach to surface water and stormwater management, landscaping
requirements and cyclical assessments of tree canopy, smart growth approaches including a designated
New Town Center, coordination with neighboring communities, and active participation in the regional
All Hazards Mitigation Plan.
Municipal Governance
The role of municipal government in South Burlington is broad and supports both the basic needs of the
community and the quality of life and work in the City. The City government is committed to providing
services to the community professionally, equitably, and customer-focused, while maintaining an
efficient government that spends our tax dollars effectively. This leads to community faith in the City
government, more participation in City governance processes, and hopefully for a greater sense of
community and civic pride. We recognize that the City has a way to go in appropriately interacting with
and communicating with members of different groups in our community and we will continue to strive
for better outreach and participation for all community members.
The City of South Burlington has established a government that provides core municipal services
including running elections, maintaining land and vital records, tax assessment and collection, City
employee management and benefits, legal support, and financial accounting and budgeting. The City
recognizes both the need to provide core government services as required by State statute, but also the
value that having professional staffing in all of these areas has for the vitality and future of South
Burlington. We are committed to staffing and developing our capacity as a City to have robust municipal
departments in all of these areas. We are committed to providing adequate and appropriate
compensation and benefits, a welcoming work environment and culture, and support to retain quality
employees.
City Hall. Municipal government is headquartered at the new City Hall building at 180 Market Street,
which opened in 2021. This includes City Clerk, City Manager, City Attorney, Community Development,
IT, HR, Planning & Zoning, Recreation & Parks, and Tax & Assessor. There is no current need for
upgrading this facility.
City Clerk. The City’s Clerk’s Office is located in City Hall at 180 Market Street. The Clerk’s Office
manages City elections, maintains land records, and provides vital records services. Changes in
technology and access to online records have changed the number of in-person visitors, but members of
the public use the Clerk’s Office for notary public services, vital records services, and for general City
information. South Burlington’s ongoing population growth continues to require additional resources
around elections and with day-to-day service.
Public Works and Maintenance
The South Burlington community relies on well-maintained roads and transportation routes
through the City for community movement and community safety. We value providing for these basic
needs of community members and to continue to support our municipal services that meet these needs.
Maintenance of our transportation network (including roads and paths), our water distribution system,
stormwater system, sewer collection system, and our park systems provides safe transportation, safe
drinking water and sewer services, and safe recreation opportunities to members of our community.
Currently, all of these services are provided by DPW. The Department of Public Works (“DPW”)
maintains City streets (including signs, lighting, and traffic signals), parks and shared use paths,
stormwater systems, two sewer treatment plants and associated collection systems, water distribution
systems, water storage tanks, and 32 wastewater pump stations. It maintains City and school district
vehicles. DPW operates from a City facility and garage at 104 Landfill Road, constructed in 2001, which
also leases space to the South Burlington School District.
DPW needs are planned through both the DPW annual budget and the Capital Improvement
Program. DPW has also noted that fees (including water and wastewater allocation fees) should mirror
the costs of maintenance, improvement, and expansion of the water and wastewater facilities and
infrastructure. DPW is currently undertaking a rate study to right-size fees with planned and necessary
costs.
Community Quality of Life
Living in South Burlington is greater than the sum of a person’s basic needs. A robust,
welcoming, inclusive, and strong community is built on the foundation of strong community facilities
and resources. The City of South Burlington is committed to supporting community development and
community building amongst residents through support of our community facilities.
Library. The City’s community library is located in City Hall at 180 Market Street. The Library is a
community hub for information, entertainment and social connection – in FY 2022, over 75,000 people
visited the library (this number may be underestimated for large group programs), with 10,027
cardholders. The library provides community programming for all ages and stages of life, interest
groups, media access, and technology access and education. Formal library programs served 8,068
attendees, up 24% from the prior year. The new Library contains rooms for meetings, performances,
quiet reading space, collaborative learning areas, audio recording, telehealth, teen space, baby/toddler
play space, and a community auditorium. The Library is open six days a week and has 18 staffpeople,
including 9 full-time employees. There are over 70,000 items in the collection and in FY 2022 the Library
circulated over 158,000 items. It will remain a primary goal of the library to promote a love of reading.
The Library is a community asset on many levels. It provides equitable access to printed materials,
technology resources, and media. It also serves as open meeting space and rest space available for
members of the public during open hours. It is a welcoming and available space for learning,
collaboration, and growth for community members. It is an ongoing goal of the Library to become a
more equitable and inclusive community resource. This will continue to include outreach to people of all
ages, people living in different neighborhoods, New Americans, people with disabilities, and other varied
groups. The Library, alongside the Senior Center and the rest of the City Hall building, may be able to be
utilized in the future as a warming or cooling center as we face more varied and extreme weather
events due to climate change.
Senior Center. In pursuit of being more inclusive, fair, and just, the City continues to seek ways to
engage with underserved populations in our community. One underserved population in South
Burlington has historically been our senior population. City Hall, completed in 2021, includes the Kevin
Dorn Senior Center, which provides space and programming geared toward our seniors. The Senior
Center, alongside the Library and the rest of the City Hall building, may be able to be utilized in the
future as a warming or cooling center as we face more varied and extreme weather events due to
climate change.
Community Open Space. The City of South Burlington values open space, conservation, and recreational
access for all members of the community. Our need for open space will continue to increase with
increasing housing densities in our development areas and to provide some mitigation of the effects of
climate change. Having an publicly accessible open space within walking distance (approximately ¼ mile)
from residential development is a goal of the City for both human-scale focus and climate-resilience
needs.
In the pursuit of varied, accessible, and community-building open space, the City pursues several
avenues for conservation and public access to land, including outright City ownership, partnering in
conservation easement projects, and entering into public-private partnerships, as appropriate. The City
owns several properties utilized for one or more of these public purposes, ranging from small
neighborhood park spaces to large open spaces that are regional attractions. Please see XXX for tables
of the current South Burlington community open space assets.
Development and maintenance of usable, accessible, and practical open space areas is a critical piece of
the City’s climate resilience, human-focused, and inclusive, fair, & just vision statements. Having green
space is a key element for improved quality of life and being able to access green space without
traveling by vehicle is critical for development of climate-resilient neighborhoods.
The City of South Burlington’s Recreation & Parks Department runs programming on several of the City-
owned properties. For more details of the Recreation & Parks programming, please see the Recreational
Resources section.
Education
The City of South Burlington values high-quality, just and equitable education for all children in
the community. Our schools, especially the elementary schools, provide community gathering
opportunities for the different areas of our city and build community amongst school-age families. The
South Burlington School District actively plans for its future with a current Strategic Plan. The strong
tradition of close cooperation and communication between the School Board and the various municipal
boards and commissions should be maintained.
Primary and Secondary Schools. The South Burlington School District (“SBSD”) currently operates five
schools that serve approximately 2,500 students in grades K-12: Rick Marcotte Central School, Orchard
School, Gertrude Chamberlin School, Frederick H. Tuttle Middle School, and the South Burlington High
School. Unlike many districts in Vermont, South Burlington has almost steady or increasing school
populations. The SBSD hired McKibben Demographic Research, LLC, to produce a report, the South
Burlington School District Demographic Study – November 2022 (the “Demographic Report”) projecting
school populations into the future. The Demographic Report states that in-migration in the 25-34 age
group and the 0-9 age group into South Burlington, among other factors, leads to a projection of a
school population of 2893 district-wide by 2032-33. The Demographic Report also projects that by 2032-
33, the population will have increased at all three school levels: PK-5, 6-8 and 9-12.
The school population may also shift location, with the continuing growth of the City Center area,
additional housing in the Shelburne Road corridor, and the completion of already-permitted housing in
the Southeast. The Demographic Report projects that population will grow in the areas served by all
three elementary schools, with larger growth in the areas currently served by Central and Orchards
Schools than the Chamberlin School. However, construction of additional housing in different areas of
the city may change that projection into the future.
SBSD is also facing changes in utilization of school spaces, needed facilities, and opportunities for
alternative uses. Currently, the South Burlington School District is considering plans for updating and
upgrading school facilities, including the South Burlington High School, Frederick H. Tuttle Middle
School, and the three elementary schools. Many school facilities are aging and have varying levels of
flexibility in changing uses of spaces and full utilization of the schools.
University of Vermont. The University of Vermont owns 571 acres of land in South Burlington, which is
part of its South Campus area. The South Campus is currently utilized primarily for instruction and
research focused on bioresearch, agricultural, horticultural and natural areas management. UVM has
recently updated its Campus Master Plan for 2022-32, including the designation of land bank areas in
South Burlington, looking forward to growth and reservation of lands for future needs. UVM also owns
several areas of open space or agricultural space, including Centennial Woods Natural Area and East
Woods Natural Area, that provide benefits to South Burlington and the region. The City will continue to
work with UVM on both the City and the University’s long-term planning goals.
Childcare. Childcare is an underserved need in South Burlington, Chittenden County, and Vermont as a
whole. Thousands of children require daycare or after school care in the region and the number of
available spots is limited. Private licensed child care scenters, registered family child care homes,
licensed family child care homes, licensed after-school programs, and licensed preschool programs
provide care of children of varying ages. The provision of safe, local, and accessible childcare and pre-
school is a vital element in attracting families to South Burlington. The City endeavors to ensure that
high-quality, affordable, and equitable childcare is available within its borders, as a possible partner with
private and non-profit childcare providers.
ADDITIONAL RESOURCES & EXISTING PLANS
• UVM Campus Plan 2022-2032
• South Burlington School District Demographic Report (2022)
• Feasibility Study for Residential Solid Waste Collection Contracts (2020)
• Chittenden Country Regional Dispatch: Feasibility Study (1016), Public Safety Authority (2018-
2023)
• Chittenden County All Hazards Multi-Jurisdictional Mitigation Plan (and South Burlington Annex)
2022
• South Burlington Emergency Operations Plan
• School + Community Master Planning Task Force Report (2015)
• South Burlington Open Space Report (2014)
FUTURE PLAN NEEDS
• Fire Department Strategic Plan
A. Energy
South Burlington’s climate – and global climate – has changed due to Greenhouse Gas (GHG) emissions.
Dependence on fossil fuels is responsible for almost all South Burlington’s emissions. Known effects
have been documented and more are predicted in the future.
South Burlington has an opportunity to reduce its climate pollution from building heating and
transportation by transitioning to carbon-free energy sources, such as electricity from Green Mountain
Power’s 100% carbon-free mix, and by making it easier to walk, bike, or take transit through changes in
development patterns and transportation infrastructure. It also has an opportunity to increase
renewable energy generation in South Burlington to support the shift to electrified heating and
transportation.
In 2021, the City Council formed a Climate Action Plan Task Force (CAPTF) to work in concert with staff
and selected consultants to produce a Climate Action Plan for the City of South Burlington. The CAPTF
identified high impact actions to significantly reduce South Burlington’s share of Vermont’s GHG
emissions (in line with the Paris International Treaty on Climate Change and Vermont’s Global Warming
Solutions Act).
In 2022, the City Council adopted its first-ever Climate Action Plan (CAP), laying out a strategy to meet
these climate goals and the goals of Vermont Act 174, Enhanced Energy Plans. The 2022 CAP’s targets
are incorporated as objectives of this Comprehensive Plan, and the CAP itself is interwoven throughout
this Plan.
OBJECTIVES
• Weatherize 600 existing homes annually to reduce emissions by 5%
• Electrify 8% of existing commercial/industrial square footage annually to reduce emissions by
17%, 360 existing housing units annually, and construct carbon-free new homes and businesses
• Replace 75% of gas vehicles with all electric vehicles (EVs) and plug-in hybrid vehicles to reduce
emissions by 42%
• Reduce vehicle miles traveled by 2.5% annually to reduce emissions by 19%
• Plan for compact high-density (greater than 12.5 dwelling units per acres) new housing
development to reduce emissions by 4%
• Increase new renewable energy generation to between 30,794 to 55,549 Megawatt hours
(MWh) by 2030 and 63,297 to 121,060 MWh by 2050.
• Municipal Operations follow green practices to meet or exceed our proportional share of
citywide greenhouse gas emissions targets and provide community demonstration projects
• Meet or exceed South Burlington’s renewable energy generation targets identified through Act
174 or its successors.
INVENTORY, ANALYSIS, & CHALLENGES
To meet the City’s climate goals, the community needs to reduce emissions by 60% by 2030 and by 95%
by 2050. The overwhelming majority of emissions attributable to South Burlington come from two
sectors: Transportation/Land Use (65%) and Buildings / Thermal (34%, split between residential and
commercial). Other contributors, including small engines, solid waste, agriculture, and the offsetting
effects of natural resources also present complementary opportunities. Meeting the overall reduction
goals will require significant investment, education, and regulatory changes in both our transportation
and buildings.
Source: South Burlington Climate Action Pan, 2022
Transportation Sector
Reduction in emissions generated by transportation includes both the miles travelled (VMT) and the
electrification of vehicles. South Burlington’s location dictates that it will continue to be a transportation
hub in Vermont at the intersections of major roadways and as home of the region’s primary airport. The
City is working, both internally and with regional partners, to reduce VMT and reduce single-occupancy
commuter traffic.
To reduce overall vehicle miles travelled in our community, especially at the scale targeted in the CAP,
the City will need to reorient its transportation network from passenger cars to walking, biking, and
using public transportation. The physical design of the transportation network itself will also need to be
shifted. As discussed in the Transportation Chapter, much of South Burlington’s existing network is
designed first for cars, and second (where available) for people on foot, on bicycle, or using transit. The
growing popularity of e-bikes presents an opportunity to meet the City’s targets and also exposes some
of these infrastructure gaps. Examples of these gaps include four-lane roads with limited crossings, wide
vehicle lanes, narrow greenbelts, a disconnected recreation path and sidewalk network, limited
pedestrian lighting, and intersections that are designed with wide turn radii and/or slip lanes. The City
has taken important steps to begin this retrofit in recent years, including adopting updated cross-
sections for new roadway construction, passing a Penny-for-Paths ballot initiative to improve
connections, establishing a dedicated path maintenance fund in the City budget, increasing funding for
lane striping, and investing in staffing to pursue capital projects throughout the City.
The City also needs to prioritize a land use pattern that provides homes, services, employment, parks,
and other destinations within short distances of one another. The development of pedestrian and
bicycle paths, greenways and other trails, changes in regulations that enable commercial services near
or within neighborhoods, and investment in neighborhood-scale parks and facilities provide climate-
resilient ways of building community.
The City’s sustained commitment to creating a compact, multi-use, pedestrian-focused City Center is a
strong example of the future of transportation and sustainable-transportation-driven land use. Public
and private investments have begun to transform this core area by developing multi-family housing and
pedestrian/human-scale commercial use. The pairing of higher density residential living and human-
oriented commercial space, alongside municipal services at City Hall, creates a community hub that will
over time become much less auto-dependent and community-focused. See the Land Use chapter for
analysis and specific policies for advancing the City Center vision further, as well as land use goals
throughout the City.
In addition to land use and infrastructure changes, personal vehicles must be changed over to electric.
South Burlington faces complex challenges in promoting and expanding access to electric vehicles due to
our housing mix and housing affordability. Access to overnight charging is required for a personal
electric vehicle to be practical. Over 50% of homes in South Burlington are in multi-family housing and
nearly 40% of households rent their homes. In both cases, it is far less likely that a resident will have
direct access to EV charging and control over the installation of EV charging than a resident of a single-
family, owner-occupied home. For EV access to be equitable, South Burlington must take steps to
encourage, promote, or require EV charging at multi-family buildings and for renters.
See the Transportation Chapter for analyses and specific policies for transforming the transportation
network to meet these objectives.
Buildings and Thermal
Reduction in emissions generated by buildings involves both changes to new construction and updates
or retrofits for existing buildings.
For new buildings, the City took an initial step in 2021 and 2022 by establishing regulatory standards for
the orientation of streets and buildings for solar gain and requiring that new buildings meet the State’s
Stretch Energy Codes. In November 2022, the City adopted an ordinance that requires carbon-free /
renewable fuel sourcing for primary heating system and hot water systems in all new buildings. This
action will limit increases in carbon emissions from the buildings sector while complementary action on
existing buildings are intended to reduce existing annual carbon emissions in order to meet the targets
identified in the Plan.
For existing buildings, the CAP includes targets for both weatherization (including insulation, air sealing,
efficient windows and doors, etc.) and for electrification of a building’s primary heating system.
Weatherization of 600 homes per year will result in 4,200 homes (or more) being weatherized in 7 years,
which is nearly 45% of South Burlington’s existing housing stock. Electrification of 360 existing homes
per year will result in more than half of the homes being electrified within 15 years.
Weatherization, electrification of existing homes, and construction of new homes with electric-based
heating systems can have significant costs for homeowners. The City and its partners will need to
support homeowners in making these changes in order to assure an equitable, and successful,
implementation.
Local utilities (Vermont Gas Systems and Green Mountain Power) and the state-level Efficiency Vermont
have programs and resources to help customers reduce their monthly electric bills, including
information about rebates and tax incentives available for energy-saving purchases. These programs are
available for both income-eligible households and for all households, depending on the program.
Regionally, Champlain Valley Office of Economic Opportunity also provides support for weatherization
and heating assistance. In order to meet local and state Climate targets, however, the implementation
of these programs will need to be increased significantly requiring financial support, staffing, and
outreach.
The Climate Action Plan further identifies that a combination of incentives and regulatory tools will be
necessary to meet Climate targets. These approaches are detailed as High Impact and Supporting
Actions within the Climate Action Plan. Neither approach on its own will likely achieve the magnitude of
conversion and electrification enumerated in the CAP. Private-public partnerships will also have to play a
significant role in meeting the CAP goals. An example of this kind of partnership is being implemented in
the Chamberlin Neighborhood. There, a program funded by the Federal Aviation Authority to mitigate
Airport noise through sound insulation of nearby homes and gathering places is being paired with
investments from Vermont Gas Systems and other partners to achieve thermal insulation and extend
the annual reach of the program.
Energy Use by City Government. The City’s primary energy use consists of electricity, natural gas and
motor fuel. The Climate Action Plan identified that in 2019, the Department of Public Works emitted
65% of the City government's total GHG emissions, 74% of which goes to direct operations of the
wastewater treatment plants. The Police Department emitted 17% of the total City government GHG
emissions, and the Fire Department emitted 12%.
The CAP laid out a broad approach for City Operations to meet our share of the citywide targets. This is
being further developed through an Implementation Plan in 2023 and is being integrated into the City’s
Operations Budget and Capital Improvement Plan. Over time, the City plans to replace gas-powered and
fossil-fuel powered vehicles, small engines, and building systems with more efficient and/or electrified
options. The City has significant numbers of fleet vehicles that can be replaced with EVs over time,
building heating and cooling that can be made more efficient and/or electrified, and smaller facilities
and equipment that can be replaced with electric options. As these facilities, vehicles, and equipment
need to be renovated or replaced, the City will need to budget for electrified replacements as they come
up.
Energy Production. This Plan is intended to double as an Enhanced Energy Plan under Vermont Act 174;
as part of that, and as part of the City’s overall goal of reducing greenhouse gas emissions, this Plan
provides pathways to meet identified targets established by the Regional Planning Commission for
renewable Energy production in the City.
Demand for electricity is growing and electric system reliability will continue to be improved as we move
forward with the goals of the Climate Action Plan, and as our neighboring municipalities pursue their
own climate change mitigation plans. Two transmission line projects have upgraded the infrastructure
serving Chittenden County located South Burlington: the Northwest Reliability Project included
upgrading high voltage transmission lines and updating a number of substations; the East Avenue Loop
and supporting projects installed a 34.5 kilovolt (kV) sub-transmission line was installed from the McNeil
generating plant to the VELCO substation at East Avenue and replaced two 115 kV transmission lines
with single line. Additional upgrades to the electrical grid will be necessary in the coming years and
decades.
Increasing solar energy generation is an opportunity for South Burlington to generate more clean energy
locally. Generation of power close to where it is used reduces loss during transmission and stresses the
regional power grid less. South Burlington has taken significant steps forward in recent decades, but we
must do more to meet our climate goals. In 2011, the largest solar array in Vermont (at the time)
opened in the City, with an estimated output nearing two megawatts annually, followed by several
other large solar facilities, medium facilities, and numerous small installations. As of 2022, renewable
energy generation in South Burlington was 22,544 MWh. Solar-ready rooftops are now required on
certain new buildings. To meet the goals in the CAP, the amount of renewable energy generation will
need to increase by 300% to 600% by 2050 (63,297 to 121,060 MWh). Significant investment,
incentivization, and regulation that promotes solar energy generation will be needed to meet those
goals.
Small-scale wind energy in South Burlington is limited by the high density of development and
unfavorable climatic conditions.
This Plan recognizes that land in South Burlington is valuable, important and faces multiple demands:
natural resource conservation, housing, employment, services, education, transportation, agriculture,
parks, and renewable energy production. As in the Climate Action Plan, this Plan prioritizes the co-
location of renewable energy production with other uses. The City needs to focus on rooftop solar,
solar-over-parking, and creative opportunities such a solar over landfill, integrated with transportation
systems, and integrated with agriculture.
There are no conventional power plants located in South Burlington.
Outreach and Implementation
Community members, stakeholders, and City staff emphasized the challenges of implementing large
scale physical and behavioral changes throughout the development of the Climate Action Plan and
during the Community Conversation on Energy & Climate for this Plan. For households, expertise,
investment, and follow-through on weatherizing and electrifying have historically been significant
obstacles. Community feedback pointed to a suite of tools – including regulations and enforcement,
incentives, and neighbor-to-neighbor education and motivation – as keys to success. At the community
scale, active community participation in decision-making will be critical. This includes decisions on all
topics, including how to invest in vehicle charging systems, how to transform land use, and how to
update our transportation to acknowledge the necessity of cars for some trips and users while
prioritizing walking, biking, and transit in infrastructure enhancements.
Importantly, this work must be implemented in an equitable manner. Pursuing equity will involve
listening to the needs of the community, designing programs to facilitate transportation and home
improvements for all users, and accounting for the uneven costs of climate change.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: LDR-23-01 (Solar PV) and LDR-23-02 (Minor & Technical Amendments)
DATE: February 28, 2023 Planning Commission meeting
Enclosed please find two sets of draft amendments to the Land Development Regulations and draft
accompanying Report for the Commission’s consideration and possible action.
LDR-23-01 Solar PV
The Commission at its November 22, 2022 meeting directed staff to prepare an amendment for the
Commission’s consideration based on the initial draft language discussed at that meeting. The amendment
would require the installation of Solar PV on new buildings required to have “Solar-Ready Roofs” are
required by the Vermont Commercial Building Energy Standards (CBES) and Residential Building Energy
Standards (RBES).
The enclosed has been reviewed by the Deputy City Attorney. The majority of the language is retained from
the November draft, with some wording changes, modifications to be clear that the City is not requiring
Solar PV be net-metered through a public utility, and clarifying applicability.
Discussion considerations for the Commission:
1. At the November 22, 2022 meeting there was discussion of which buildings this would apply to. RBES
and CBES standards apply to all new buildings. The current CBES references a Solar-Ready Zone as an
Appendix; South Burlington’s Regulations adopted February 2022 require that Appendix be met.
The proposed requirement for Solar PV installation would be applicable at the time of receipt of Zoning
Permit application. Therefore, any new buildings for which a zoning permit is submitted following the
effective date of this provision would be required to meet the standard (except those qualifying for a
stated exemption either in the text or in the definitions of a Solar-Ready Zone).
• Staff recommends the Commission confirm its intent that the standard apply to all new
buildings except those specifically exempted.
• The Regulations, further, may set an effective date for some or all of the standards that is not
coincident with the adoption of the Amendment. The Commission may discuss this and/or
gather feedback at a public hearing and consider this at that time.
2. The RBES and CBES require the establishment of a Solar-Ready Zone except under certain specific
circumstances. Those circumstances generally consist of two categories: (a) where the building / siting /
surrounding conditions make solar PV not viable, and (b) where the building has installed an on-site
renewable energy system or has reserved space for a ground-mounted solar system.
2
The phrasing of the required “reserved” space for a ground-mounted solar would, as drafted, exempt an
installation of Solar PV under the draft LDR. Further, the current LDR would not set a requirement for
the amount of “on-site renewable energy” generated by a system that is not a Solar PV installed on a
Solar-Ready Zone.
• Staff invites the Commission to discuss this allowances and provide direction as to whether
these are acceptable or whether the applicant would need to install a system (ground-mounted
or other) that produces an “equivalent” amount of energy as a Solar PV would, and to consider
that if no Solar-Ready Zone is established another metric for determining equivalency may be
necessary.
LDR-23-02 Minor and Technical Amendments
City staff identified a contradictory cross-reference in Section 3.06J and have proposed a minor clarification.
Elsewhere we identified a number of minor section numbering corrections to be made.
Possible Commission Actions:
The Commission is invited to discuss the draft amendments and either provide staff with direction to make
changes, or to warn a public hearing on the amendments as presented (or modified at the meeting).
Possible motion: “I move to hold a public hearing on amendments #LDR-23-01, Solar PV standards,
and LDR-22-02, Minor and Technical Amendments, on _______, 2023, at 7 pm and to approve the
accompanying Planning Commission Report.”
If the Commission decides to warn the public hearing, staff would recommend March 28, 2023 at 7 pm.
LDR-23-01
For Planning Commission Review
February 28, 2023
LDR-23-01: Required installation of solar photovoltaic system for new buildings
3.19 On-Site Solar Photovoltaic Systems
A. Purpose. It is the purpose of this section to implement renewable energy objectives of the City’s
Comprehensive Plan and Climate Action Plan by providing for the installation of on-site solar photovoltaic,
or other renewable energy generation, on new buildings in concert with Solar Ready Zone definitions
established by the Vermont Residential Building Energy Standards and Vermont Commercial Building
Energy standards.
B. Applicability and Standard. This section shall apply to the receipt of a zoning permit for the
construction and subsequent alteration of any building that, beginning April ___, 2023, is required by
these regulations, the RBES and/or the CBES, as amended from time to time, to establish a “solar-ready
zone”. For any such building required to establish a solar-ready zone, there shall be installed a solar
photovoltaic (“Solar PV”) system designed to maximize the Solar PV potential of the solar-ready zone,
provided that
(1) The requirement set forth herein shall be reduced to the extent:
(a) The interconnection with the relevant utility cannot accommodate (i.e., due to limited
plant capacity) a Solar PV system designed to maximize the Solar PV potential of the solar-ready
zone, or
(b) The Solar PV system is anticipated to generate in its first year of operation more kilowatt
hours (kWh) than the “Expected Building Usage.”
(i) The kWh that a Solar PV system is anticipated to generate shall be estimated based
on the building site conditions by applying the “PVWatts Calculator” published by the National
Renewable Energy Laboratory, or an equivalent or successor calculator.
(ii) The “Expected Building Usage” shall be an estimate of the number of kWhs the
building is expected to consume during its first full year of typical operation, based on building
type and uses, building technology, devices and appliances in the Northeastern U.S. (such as
the “Baseline Energy Calculator” tool of the Office of Energy Efficiency and Renewable Energy,
U.S. Department of Energy).
(2) The requirement set forth herein shall be eliminated if the Solar PV system design that
maximizes the Solar PV potential of the solar-ready zone is anticipated to generate less than 3000
kWh of electricity in the first year of the building’s operation as calculated above.
(3) It is not the intent of this section to require that a Solar PV system interconnect with an
electric utility or to require installation of a net metering system.
C. The application for a zoning permit shall include, as applicable, written confirmation from the
relevant utility that it cannot accommodate the Solar PV system designed to maximize the Solar PV
potential of the solar-ready zone, and the following certifications of qualified professionals:
(1) The proposed Solar PV system is designed to maximize the Solar PV potential of the solar-
ready zone,
(2) The anticipated kWh generation of the Solar PV system, and
(3) The Expected Building Usage.
LDR-23-02
For Planning Commission Discussion
March, 2023
1
LDR-23-02 Technical and Minor Amendments
ARTICLE 3
3.06 Existing and Planned Rights-of-Way; Setbacks; and Buffers
…
J. Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28,
1974. The following exceptions to setbacks and lot coverages shall be permitted for lots or dwelling units
that meet the following criteria: the lot or dwelling unit was in existence prior to February 28, 1974, and
the existing or proposed principal use on the lot is a single-family dwelling or a two-family dwelling.
(1) Side and Rear Setbacks. A structure may encroach into the required side or rear setback up to a
distance equal to 50% of the side or rear setback requirement of the district. In no event, however, shall
a structure have a side setback of less than five (5) feet except as provided for in unless approved by the
Development Review Board in accordance with subsection (3) below.
(2) Front Setbacks. A structure may encroach into a required front setback up to the average
distance to the building line of the principal structures on adjacent lots on the same street frontage. In
no event, however, shall a structure have a front setback of less than five (5) feet. unless approved by the
Development Review Board in accordance with subsection (3) below..
(3) Additional Encroachment Subject to DRB Approval. Encroachment of a structure into a
required setback beyond the limitations set forth in (1) and (2) above may be approved by the
Development Review Board subject to the provisions of Article 14, Conditional Uses, but in no event shall
a structure be less than three (3) feet from a side or rear property line or less than five (5) feet from a
front property line. No such additional encroachment shall be approved unless the Development Review
Board finds that the proposed encroachment will not have an undue adverse effect on:
(a) views of adjoining and/or nearby properties or principal buildings located thereon;
(b) access to sunlight of adjoining and/or nearby properties;
(c) adequate on-site parking; and
(d) safety of adjoining and/or nearby property.
L. Side Setbacks for Attached Dwelling Units. Side setbacks do not apply to lot lines co-existent with
shared /party walls between attached dwelling units.
3.09 Multiple Structures and Uses
…
G. Attached Dwelling Units. Side setbacks do not apply to shared /party walls between attached
dwelling units.
LDR-23-02
For Planning Commission Discussion
March, 2023
2
3.10 Accessory Structures and Uses
…
E D. Accessory Uses in the IC and IO districts. In the IC-Mixed Industrial Commercial and IO-Industrial
Open Space districts, those uses designated ‘P-ACC’ in Table C-2, Table of Uses shall be subject to the
following standards and limitations:
ARTICLE 4
4.01 Residential 1 District - R1
…
D F. Planned Unit Development.
For the purposes of assigning applicability of Planned Unit Development Types pursuant to Article
15.C, the Residential-1 Zoning District is further classified in the following sub-districts, as depicted on
the Official Zoning Map:
• Residential 1- Planned Residential Development
• Residential 1- Lakeshore
• Residential 1 - Lakeview
E D. Additional Standards. Except as specifically authorized by Planned Unit Development Type under
Article 15.C, multi-family dwelling units shall be limited to a maximum of four (4) dwelling units per
structure.
ARTICLE 8
…
8.08 Open Space Requirements
…
E. Civic Space / Site Amenity Location
…
(2) Large Development Area Civic Space Option
…
(b) Requirements: At the time of site plan application for any building proposed to make use of an Civic
Space under this sub-section, or, at the applicant’s discretion, as a separate miscellaneous application,
the following shall be submitted:
(vi) (i) Effect: Approval of a Large Property Civic Space Option shall afford the applicant the following, in
addition to the options available in Table 8-1:Designated civic space within the Area Affected may be used
to provide the qualifying open space required by these regulations for any buildings within the Area
Affected that are located within ¼ mile walking distance of the designated civic space within the Area
Affected. Distance shall be measured from the nearest corner of the building to the entrance to the civic
space via the pedestrian connection; and,
(vii) (ii) Any designated civic space within the Area Affected shall be eligible to account for up to 50% of
the total qualifying civic space/site amenity required for a building within the Area Affected.
LDR-23-02
For Planning Commission Discussion
March, 2023
3
ARTICLE 9
…
9.05 [reserved]
9.06 [reserved]
9.07 [reserved]
9.08 SEQ-NRN Sub-Districts; Specific Standards
9.09 [reserved]
ARTICLE 12
…
12.08 Floodplain Overlay District (FP)
…
G. Floodplain Review Standards. Development in the Floodplain Overlay District shall be reviewed
to ensure that it complies with the following standards:
…
(3) Development in the Floodplain Overlay District. All development in the Floodplain Overlay District
shall comply with the following standards:
…
(g) Structures.
i. Residential Structures
(I) a) Residential structures to be substantially improved in Floodplain Overlay District Zones A, A1-30, AE,
and AH shall be located such that the lowest floor is at least two (2) feet above base flood elevation; this
must be documented, in the proposed and as-built condition, with a FEMA Elevation Certificate.
(II) b) Residential structures to be substantially improved in Floodplain Overlay District 0.2% Zones B1 &
B2, and new structures in Floodplain Overlay District Zone 0.2% B1, shall be located such that the lowest
floor is at least two (2) feet above the average grade level on-site; this must be documented, in the
proposed and as-built condition, with a FEMA Elevation Certificate. Average grade level means the average
of the natural or exiting topography at center of all exterior walls of a building or structure to be placed
on site.
ii. Non-residential Structures. Non-residential structures to be substantially improved, and new non-
residential structures in the Floodplain Overlay District 0.2% Zone B1, shall meet the following standards:
(I) a) Meet the standards in Section 12.08(G)(3)(g)(i) Residential Structures; or,
(II) b) Have the lowest floor, including basement, together with attendant utility and sanitary facilities be
designed so that two (2) feet above the base flood elevation (for structures in Zones A, A1-30, AE, and AH),
or two (2) feet above the average grade level on-site (for structures in Zones 0.2% B1 and B2), the structure
is watertight with walls substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A permit
for flood proofing shall not be issued until a licensed professional engineer or architect has reviewed the
structural design, specifications and plans, and has certified that the design and proposed methods of
construction are in accordance with accepted standards of practice for meeting the provisions of this
subsection. An occupancy permit for the structure shall not be issued until an "as-built" plan has been
LDR-23-02
For Planning Commission Discussion
March, 2023
4
submitted and a licensed professional engineer or architect has certified that the structure has been
constructed in accordance with accepted standards of practice for meeting the provisions of this
subsection.
ARTICLE 13
…
13.04 Landscaping, Screening, and Street Trees
…
B. Landscaping of Parking Areas.
…
(6) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed
over surface parking areas, the requirements of this section shall be modified as follows:
(a) The requirements for interior landscaping and planting islands shall not apply to any area covered by
solar panels or their support structures, and;
(b) (ii) The requirements for perimeter trees shall not apply where such trees would interfere with the
installation or function of the panels; instead, alternate means of providing screening and reducing glare
from parking area perimeters, including hedges, fencing, or art installations shall be provided.
ARTICLE 14
14.05 Application Review Procedure
…
J. Bonding Requirements. The owner or developer shall provide a performance bond, escrow
account, or letter of credit in accordance with Sections 15.15 and 15.16 17.15 of these Regulations.
ARTICLE 15.A
15.A.01 Purpose and Authority
15.A.02 Applicability
15.A.03 Minor Lot Line Adjustments and Mergers
15.A.04 Classification
15.A.05 Sketch Plan Review (All Subdivisions)
15.A.06 Preliminary Subdivision Review (Major Subdivisions)
15.A.07 Final Subdivision Review (All Subdivisions)
15.A.08 Plat Recording Requirements (All Subdivisions)
15.A.09 Subdivision Amendments
15.A.10 Subdivision Standards
15.A.11 General Standards
15.A.12 Resource Protection Standards
15.A.13 Subdivision Design Process
15.A.14 Street Network
15.A.15 Sidewalks, Bike Lanes, and Recreation Paths
LDR-23-02
For Planning Commission Discussion
March, 2023
5
15.A.16 Blocks and Lots
15.A.17 Mix of Housing Types
15.A.18 Infrastructure, Utilities and Services
15.A.19 Required Improvements
15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit
…
15.A.07 Final Subdivision Review (All Subdivisions)
…
F. Decision. Within forty-five (45) days after the close of the public hearing, the DRB must issue its
written findings of fact and decision to approve, approve with modifications, or disapprove the final
subdivision plat, supporting plans and documents. Failure to act within this 45-day period shall constitute
approval under 24 V.S.A. § 4464(b), as deemed by the court and certified by the City Clerk. The final
decision, including findings, must be sent by certified mail to the applicant. Copies of the decision must
also be mailed to all parties who participated in the public hearing process.
(1) Any conditions of final subdivision approval for performance bonding or other sureties, phasing,
construction or inspection schedules, or the timing of required improvements under Section 15.15
17.15, must be specified in the written DRB decision, or in a separate Development Agreement
approved by the City Council, as referenced in or attached to the DRB decision.
…
15.A.19 Required Improvements
…
E. Proper Installation of Public Facilities and Improvements. Prior to the release of any bond,
escrow account, or letter of credit pursuant to Section 15.A.19 17.15, the subdivider or developer must
submit to the City Engineer as-built construction drawings, certified by a licensed engineer. The City
Engineer shall then inspect the required public facilities and improvements. In the event deficiencies are
found and are not remedied by the subdivider or developer, the Administrative Officer shall notify the
holder of the surety and take all necessary steps to preserve the City's rights under any performance bond,
escrow account, or letter of credit.
ARTICLE 15.C
…
15.C.07 General PUD
…
G. General PUD Dimensional Standards.
(1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional
standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced,
or waived by the DRB under (2) below.
(a) The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to
modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application
LDR-23-02
For Planning Commission Discussion
March, 2023
6
requirements using 14.05(G F), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay
District requirements using 10.02(I)(2), (J), and/or (K).
(b) The DRB has authority to allow alternative compliance under 15.C.04(C)(3).
(c) Height restrictions may be modified, reduced, or waived as allowed in underlying zoning
districts identified in 3.07(D)(2) by the DRB under (2) below, except as noted in 15.C.07(C)(2)(b)
above. The standards of review in 3.07(D)(2) shall apply.
(d) The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3).
(2) In response to the existing or planned Development Context in the Planning Area, the DRB
may modify, reduce, or waive one or more applicable dimensional standards as necessary to:
(a) Accommodate reductions in the available area associated with infill or redevelopment,
that result in insufficient acreage to meet applicable dimensional standards; or
(b) Allow for more creative and efficient subdivision and site layout and design that advances
the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan,
particularly in response to existing site limitations that cannot be eliminated; or
(c) Ensure that the pattern and form of proposed development is compatible with existing
or planned Development Context in the Planning Area determined under 15.C.07(F) and to
Transition Zone standards in 15.C.04(E); or
(d) Allow for greater energy efficiency, use of alternative energy, green building design, or
otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated
August 7, 2017.
(3) Context shall be determined by the existing or planned Development Context in the Planning
Area under Section 15.C.07(F) and (G).
H. Development Density.
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to
General PUDs.
(2) Development density within a General PUD is determined by maximum development density
in the underlying zoning district, except as follows.
(a) Density can be re-allocated within the PUD area within single zoning districts;
(b) Additional density may be achieved through either or both Inclusionary Zoning and
application of Transferrable Development Rights where specifically authorized by and as
regulated by Section 18.01 or Article 19.
I. General PUD Design Standards
(1) Design Standards, Generally. The design for a General PUD shall comply with existing Site
Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from
applicable regulations that respond to and incorporate the development context within the Planning
Area and under the specific circumstances listed in Section 15C.09(G)(4) 15.C.07(G).
(2) Streets. Streets within a General PUD must be compatible with and connect to existing and
planned public street, sidewalk, and path networks in the Planning Area.
LDR-23-02
For Planning Commission Discussion
March, 2023
7
(a) Street and block pattern requirements of the Subdivision regulations shall apply unless
waived by the DRB under Section 15C.09(G)(4).
(3) Parking. Parking design and building location requirements applicable in all underlying zones
and districts apply to General PUDs, including all requirements in Section 14.06(A)(2).
(4) Buildings. Buildings and associated building lots within a General PUD must be compatible
with the development context in the Planning Area as described under Section 15.C.07(F) and (G).
(5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with
the existing or planned development context. General PUDs must comply with applicable Civic Space
and/or Site Amenity requirements in Subdivision (Section 15.A.16(B C)(4)) and Site Plan (Section
14.06(4)).
(a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic
space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three
(3) or more lots, not including the resulting lots that only contain civic space(s).
(b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section
15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination
of Civic Spaces, Site Amenities, or a combination, applied across the PUD area.
(6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of
two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as
described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under
Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of
bedrooms per unit.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing ______, 2023, 7:00 PM
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on ___________, 2023 at 7:00 pm,
in person and via electronic platform, to consider the following amendments to the South Burlington
Land Development Regulations:
A. LDR-23-01: Required installation of solar photovoltaic system for new buildings
B. LDR-23-02: Minor and Technical Amendments
Brief Description and Findings Concerning the Proposed Amendment
The proposed amendments have been considered by the Planning Commission for their consistency with
the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1,
2016. For each of the amendments, the Commission has addressed the following as enumerated under
24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
A. LDR-23-01: Required installation of solar photovoltaic system for new buildings
Brief explanation of the proposed amendment:
The proposed amendment would require installation of a solar photovoltaic system (Solar PV)
associated with any new building required to establish a Solar-Ready Zone as defined by the Vermont
Commercial Building Energy Standards or Vermont Residential Building Energy Standards.
2
The Solar PV system must be designed to maximize the Solar PV potential of the solar-ready zone, but is
reduced where the electric utility cannot accommodate a system, or where Solar PV system is expected
to generate more than the expected building usage. Additionally, a system that is designed to maximize
the solar ready zone but has an expected total output of less than 3,000 kWh annually is exempt from
the requirement.
(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 furthers goals and policies enumerated in the 2016 Plan, as listed
below:
Clean and Green Goal: Reduce energy consumption city-wide and increase renewable energy
production where appropriate.
Objective 23. Achieve a reduction of 20% in carbon dioxide-equivalent emissions from 2009
levels by 2020 through an increase in renewable energy production and reductions in energy
use in the following sectors: transportation, commercial/industrial, residential,
municipal/school.
Objective 24. Facilitate and encourage community-based renewable energy production in
locations that do not contradict or interfere with the City’s open space and resource
conservation objectives, specifically as identified in Section 3.2D of this plan.
Strategy 59. Encourage installations of photovoltaic electric and solar hot water heating for
residential and commercial buildings, and the development of medium-scale photovoltaic
electric generating facilities within the City.
Further, in 2022, the City Council adopted the City’s first Climate Action Plan in furtherance of
these same goals, establishing targets for emissions reduction and renewable energy
generation consistent with Vermont Act 174. The Climate Action Plan includes a proposed
action to require qualifying new buildings to be built with solar or other renewable net
metered systems.
Regarding affordability of housing, while there is an installation for Solar PV, those who opt
for net metering programs are paid a premium for the power generated and multiple solar
providers have created financial models that meet different market needs. Very small systems
generating less than 3000 kWh annually are exempt from this requirement.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendment does not affect future land uses or densities as the requirement is
tied to existing solar-ready roof zone standards.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
3
The proposed amendment does not affect any specific proposals for planned community
facilities. The bylaw includes an allowed modification where the public utility finds that it is
not able to accommodate the PV system.
B. LDR-23-02: Minor and Technical Amendments
Brief explanation of the proposed amendment:
The proposed amendment clarify a contradictory authority for setback standards in Section 3.06J and
correct numbering errors throughout the LDR.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The amendments are technical in nature and have no effect on the goals or policies of Plan.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are technical in nature and have no effect on proposed future land uses or
densities of the Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The amendments are technical in nature and have no effect on planned community facilities.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
24 JANUARY 2023
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 24 January 2023, 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. Mittag, A. Chalnick, D. Leban
ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planner;
1. Instructions on exiting the building in case of an emergency:
Ms. Louisos provided instruction on emergency exit from the building.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Mr. Mittag noted concern with House Bill H-68 which is trying to remove barriers to housing. He said it
contains some “bad things” that would undo some of the work on environmental protection and climate
action that South Burlington has done. Mr. Chalnick said the bill provides that in a district served by
water and sewer, 5 units per acre would have to be allowed which would override the city’s
Conservation PUDs. The bill also requires that accessory dwelling units be allowed anywhere except
flood plains, etc. Mr. Mittag said the bill could eliminate the value of TDRs. Ms. Leban said that bill
came out of the Energy Committee, not the Housing Committee.
Mr. Conner said the Commission can provide feedback regarding that bill. He noted that he and the City
Manager are watching this bill. Ms. Louisos said he Commission could discuss it at the next meeting.
Ms. Peterson noted that is 3 weeks from this meeting.
Members then decided to have a special meeting on 31 January at 7:00 p.m. specifically to discuss this
bill.
Mr. Chalnick noted that he has submitted a petition to run for the City Council. If elected, he would
have to leave the Commission.
Mr. Chalnick also advised that he had attended the Transportation Advisory Committee meeting which
was OK for an organizational meeting but a bit unfocused. It was unclear what people thought they
should be focusing on.
2
Ms. Peterson advised that the full schedule for Comprehensive Plan public session has been posted. The
first meeting is on 2 February. She will send a sheet for members to indicate which meetings they plan
to attend.
Mr. Conner provided the following updates:
a. The City Council has adopted a proposed FY24 budget.
b. The Council has given the go-ahead regarding regulating fuel in existing buildings
c. The Council adopted an amendment to the Impact Fee Ordinance to add school impact fees
to pay for modular units at 2 elementary schools to address overcrowding. The Ordinance
will take effect in July at half the rate and on 1/1/24 at the full fee.
Mr. Conner noted that because there are so many public meetings, there will be only one staff person at
Commission meetings.
Mr. Conner also noted that he is working on the solar piece.
5. Public Hearing:
Mr. Mittag moved to reopen the continued public hearing on LDR-22-09. Ms. Louisos seconded.
Motion passed 5-0.
Ms. Louisos noted receipt of an email from Sarah Dopp with a question about the language
regarding the 50-foot minimum.
Mr. Mittag said he hadn’t understood the unintended consequences of the language he had proposed.
Ms. Peterson stressed that if members have language to propose, it should be sent to her or to Ms.
Louisos, not to all members, because of open meeting rules.
Ms. Peterson then showed a diagram regarding the difference between using 50 feet and using the lot
line. She said you don’t get more by applying the lot line concept. She then indicated what happens
when you reduce from 100’ to a 50’ setback. Mr. Chalnick said a simple rule would be to grandfather it
at 50 feet. Ms. Peterson said that is what staff is recommending. It is easy to understand and it solves
the problems for those existing small lots. She then showed that language, and a straw poll of members
showed they were OK with it.
Public comment was then solicited.
Ms. Dopp said it was important to convey that the 100-foot buffer is the standard but that there are
exceptions.
3
Ms. Easton asked what happens with a one-acre lot. Ms. Louisos said the 100-foot buffer applies. Ms.
Easton said people try to be good stewards, but sometimes something comes up and there is a repair
needed that affects only 40 or 50 square feet. She felt the regulations should allow small changes to the
property that are environmentally responsible. She said there has to be a middle ground.
Mr. Mittag then moved to close the public hearing. Mr. Chalnick seconded. Motion passed 5-0.
Mr. Chalnick said he wondered whether the discussion of what kind of encroachments would be
considered was theoretical or specific (e.g. decks, sheds). Ms. Louisos said it was theoretical. Mr.
Chalnick asked if people have asked for anything else. Mr. Conner said there were a few requests for
deck extensions, a pool, and a shad. Someone wanted to attach a patio to a deck.
Mr. Chalnick said he had sympathy for the less impactful things, but he would not want to see
impervious surfaces. He also would not disapprove of a house being built on an undeveloped lot.
Mr. Mittag felt a pool would have a big impact on the buffer. He would also have a problem with a shed
on a slab of concrete. Portable ones would be OK.
Ms. Leban said they also need to start thinking about solar panels and geothermal which can make a
wetland work better. Ms. Louisos acknowledged there are things they haven’t thought of. The big
concern is the 100-foot buffer where it can be. She did not want to make it so complicated they would
be fighting with owners of small homes as to what is in their backyards which could turn people against
the bigger movement.
Mr. Conner noted that there is already a regulation that no more than 30% of lot can be impervious.
Mr. Mittag said that makes him more comfortable.
Mr. Conner then addressed the discussion regarding steep slopes and whether to exempt a very small
piece. Ms. Louisos said she was OK with the 50 feet.
Mr. Mittag then moved to approve the LDR amendment #LDR-22-09 and the Planning Commission
report and submit them to the City Council. Mr. Chalnick seconded. Motion passed 5-0.
6. Presentation of TIF District:
Ms. Blanchard said the city is at a milestone where it can incur debt in the TIF District. She showed a
map of the District and explained the nature of the TIF District as allowed by the State. The City is
allowed to keep 75% of the growth in the District to service the TIF bonds until 2037. The 4 remaining
projects in the District to be voted on at the March election are:
1. The east-west crossing bridge over I-89
2. The Williston Rd. streetscape
3. Garden Street
4. City Center Park II (shared use path and boardwalk over the wetland
4
The total of the 4 projects to be voted on is $15,086,430. Two of the projects are 100% TIF eligible.
Williston Rd. streetscape is 50% and the bridge is 30%. Those not funded at 100% are eligible for federal
funding.
Garden Street: Construction is planned for 2024 and involves improvement of the street between Trader
Joe’s and Healthy Living. There will be a future connection of Garden St. to Midas Drive (which will also
become Garden St.). This will include the straightening out of the connection to White St. Ms.
Blanchard showed a map of what the future reconstructed area will look like and noted the
accommodations for bikes. Mr. Conner noted that the White St. alignment will also create a small
gateway park.
East-West Crossing over I-89: Construction is estimated for 2025. The bridge will run from Staples Plaza
to the CVS edge. This project already has $9,800,000 of federal funding. A plan for approval will be
submitted this summer.
Williston Road Streetscape: Construction will be in 2024 and will include a shared use path. The project
is eligible for federal aid in addition to 50% TIF funding.
City Center Park II: The project includes a lighted shared use path and also a boardwalk. Ms. Blanchard
showed the location. Mr. Conner noted that the wetland crossings have been approved by the Army
Corps of Engineers and by A & R. Construction is planned for 2023-2024. He showed a picture of what
the boardwalk will look like. It will be concrete, so it can be plowed.
Ms. Blanchard then showed the revenue model. She stressed that a “yes” vote in March will not
increase property taxes.
Future City Center development includes the Catamount Run project and the UVM Medical Center
project which together will provide 476 housing units by 2026 in a combination of one and 2-bedroom
units. Both projects will contribute to the Grand List and to the TIF.
Mr. Conner noted all completed development is already contributing revenue to the TIF. He also noted
that the Catamount Run project will have a non-residential first floor which can be office, café, shops,
etc. The Prospect Place project currently being developed will include a first floor childcare facility and a
coffee shop.
Ms. Leban asked where children from the project will go to school. She has heard people say not to vote
for the TIF because it takes money from the schools. Ms. Blanchard said that is not the case. What
money is taken from the schools is made whole by the State. Growth in City Center has always been
included in the school demographic numbers.
Mr. Engels asked about affordable units. Mr. Conner said that all affordable units were “front-loaded”
substantially above what is required. What is being built now is market value.
5
Ms. Blanchard then showed a model of anticipated TIF income through 2037. She noted that in 2018,
the city received TIF income of $72,639.84. At buildout, it is anticipated that the city will receive
$5,923,110 on an annual basis. Ms. Blanchard then indicated the properties that could still be
developed. Mr. Conner noted that the city has a reserve fund available to fill in any gaps.
Ms. Blanchard then reviewed the public information sessions that will be held prior to the vote.
7. Meeting Minutes of 10 January 2023:
Mr. Mittag moved to approve the Minutes of 10 January 2023 as written. Mr. Chalnick seconded.
Motion passed 5-0.
8. Other Business:
No other business was presented.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:32 p.m.
___________________________________
Clerk
SOUTH BURLINGTON PLANNING COMMISSION
SPECIAL MEETING MINUTES
31 JANUARY 2023
1
The South Burlington Planning Commission held a special meeting on Tuesday, 31 January
2023, at 7:00 p.m., in Room 301, City Hall, 180 Market Street, and via Zoom remote technology.
MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Mittag, P. Engels, A. Chalnick, D. Leban
ALSO PRESENT: P. Conner, Director of Planning and Zoning; L. Kupferman, S. Dooley, M.
Simoneau, V. Bolduc, A. Chalnick, S. Dopp, R. Gonda, D. Seff, L. Bailey, R. Greco, H. Riehle
1. Instructions on exiting the building in case of an emergency:
Mr. Conner provided instruction on emergency exit from the building.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
There were no announcement or staff report.
5. Discuss and possibly provide input on Vermont House Bill H68 and companion bill in
Vermont Senate:
Mr. Chalnick said there are certain provisions of H68 that are impactful to South Burlington. He
added that he didn’t have expertise some of the provisions of the bill. He noted the bill appears
to be moving fast and he questioned what the Commission can do. Since the Council will be
discussing this next week, he suggested discussing what information the Commission can
provide to the Council.
Mr. Mittag suggested that concurrently the Commission could send a letter to the Legislative
Counsel indicating what members don’t understand. He noted there is a lot of good in the bill
but also a lot of issues for South Burlington.
A straw poll of members indicated interest in moving forward.
2
Mr. Mittag said the city needs to be on the testimony list by 16 February. He felt the letter to
the Legislative Counsel should come first. Mr. Conner said the Commission should address a
letter to the city’s Legislators who can then bring it to the Legislative Counsel.
Mr. Conner then enumerated some of the issues that need clarity including the reduction of
required parking spaces from 1.5 to 1, the definition of a “district” that is served by
water/sewer, the inability of municipalities to adopt more stringent energy codes than the
State as of June (which could challenge some of what the Commission has been discussing), the
inability of the DRB to arbitrarily lower density unless the issue is related to a wetland (does this
affect conservation easements and/or habitat blocks?).
Ms. Leban said the bill doesn’t mention fuel choice and she questioned whether that would
affect the city’s fossil fuel regulations or whether the State could prevent South Burlington and
Burlington from having those regulations. Ms. Leban noted that the Governor’s office is totally
opposed to any enforcement of residential codes. She added that if builders would build to the
State’s energy code, that would be a good thing, but they are not doing that. She stressed that
the standard should not be reduced.
Mr. Riehle questioned whether this would prevent creativity by being a “one size fits all.”
Mr. Chalnick suggested having 3 members get together and craft something to get to the
Council by Friday.
Mr. Riehle asked what the issue is with water and sewer. Mr. Conner said the language reads
“district served by water and sewer” and it is not further defined. It could mean the entire
Southeast Quadrant zoning district. Mr. Mittag noted there are towns that are not served by
water and sewer (e.g., Jericho) and they are not addressed by this bill. Ms. Louisos added that
just because South Burlington has water and sewer all over doesn’t mean there should be
development all over the city.
Ms. Leban said one thing that will cause problems for State building inspections is that the bill is
asking them which regulations can be eliminated to reduce the cost of housing. She stressed
that reducing safety for affordable housing shouldn’t even be considered, especially since the
safety codes are national codes.
Ms. Leban said the bill does have a definition of “accessory dwelling unit” that she felt the city
should adopt: 30% of the total habitable floor area of the primary unit or 900 sq. ft. Mr. Conner
said South Burlington already has that standard.
Mr. Conner noted that another part of the bill would reduce the approval for water from both
State and local approvals to only local approval.
3
Ms. Leban noted that on p. 7, Section 13, the bill allows the ability to add an additional floor
above the height limitations. She questioned whether you could add a floor to a 4 or 5 story
building. Mr. Conner said that one tricky area regarding building standards is that each type of
house has its own standards (e.g., town house, cottage). He added that the bill could say if the
standard today is 3 stories, it can be 4.
Public comment was then solicited.
Mr. Gonda: Noted that both VLCT and the Vermont Chamber of Commerce have been trying
to oppose/weaken Act 250, and it is Act 250 that is under attack in this bill. He felt the forces
behind it are the business community.
Mr. Seff urged getting the city’s Legislators to “sign on.” He felt the bill is problematic regarding
the water/sewer issue. He also said that part of the SEQ that is no 1.2 units per acre could not
become 5 per acre, so a 16 house development could become 160. One question is whether
there is enough water, roadway, school space, emergency services, etc., to accommodate that
number. He felt South Burlington has done more than its share for affordable housing, and that
should be conveyed.
Mr. Chalnick questioned whether 5 units per acre would be allowed or would be a minimum.
Mr. Seff said he read it as a minimum. He added that if there is water/sewer in the NRP zone,
you would go from 1 unit per acre to 50.
Ms. Leban said there are so many places in Vermont that don’t have zoning or administrators.
She felt communities that have already done some of this work should be exempted.
Ms. Louisos said one good thing in the bill is that a multi-unit building could have the same
dimensions as a “McMansion.”
Mr. Mittag said development should be directed to where there is an “urban core,” not water
and sewer.
Mr. Seff said the housing crisis is being caused by rented houses, second homes, and people
working for non-Vermont employers. It would be better to deal with those issues. Mr. Mittag
suggested tripling the taxes on houses where the owners don’t live in them for at least 180 days
a year.
Ms. Dopp expressed concern with “going over the deep end to solve a current problem.” She
noted that a few years ago South Burlington was concerned with how the schools were going to
be filled. Now there will be students in trailers. She was also concerned that there was no talk
4
of the character of a neighborhood. She was concerned that neighborhood associations would
lose the ability to regulate the character of their neighborhoods.
Mr. Mittag felt the bill is a usurpation of local control.
Ms. Greco said she hoped the Legislature would consider the unintended consequences that
threaten to undo the wonderful work the Planning Commission and hundreds of volunteers
have done and will destroy natural resource land.
Ms. Leban said something should also be said about protection of architecture so builders don’t
create atrocities in historic areas.
Mr. Conner showed a map of zoning districts and indicated where there are water and sewer
lines. He showed the R-4 areas which are mostly built out (all have water and sewer). He also
indicated R-2 areas where zoning would be 4 per acre with a PUD and 5 acres. He then pointed
out the various R-1 areas, some of which are on septic systems and some on city water/sewer.
The SEQ is a zoning district with sub-districts and explained the various zoning options. Mr.
Chalnick said the proposed bill would change all of that.
Mr. Conner then explained the nature of “new town centers” and “neighborhood development
areas.” He noted that City Center is both a “new town center” and a “neighborhood
development area” which exempts it from Act 250. Currently, a community can have only one
neighborhood development area. He suggested the possibility of allowing more than one. Mr.
Chalnick said it would make sense to say that 5 units per acre applies to a “neighborhood
development area.”
Mr. Chalnick said he wouldn’t want any of South Burlington’s zoning districts to be overridden,
but the alternative wasn’t clear to him.
Ms. Leban felt the bill is aimed at places like Jericho which have 1 unit per 5 acres zoning. She
thought that limiting development to “neighborhood development areas” sounded
exclusionary to her. Mr. Mittag said Jericho may be a target, but it won’t be affected by the bill
because it doesn’t have water or sewer in its town center.
Members then enumerated some of the things that South Burlington has done to achieve
affordable housing: inclusionary zoning (including a bonus on top of that), multiple levels of
affordable housing (requiring 10% of development of more than 12 units to be perpetually
affordable), compact development in exchange for conservation.
Mr. Conner noted that the bill is also addressing towns that previously allowed 5 or 6 units an
acre but today are allowing less. Ms. Leban said Vergennes is an example of that.
5
Ms. Leban stressed that any message sent to the Council should speak to maintaining safety
codes. She suggested the South Burlington safety inspector weigh in on this.
Ms. Riehle suggested mentioning the city’s Comprehensive Plan which speaks to resource
protection and affordable housing and the amount of work done by the city to achieve both of
those goals.
Ms. Louisos suggested requesting that communities with zoning and significant affordable
housing programs be exempted if they meet the intent of the bill.
Ms. Louisos, Mr. Chalnick and Mr. Mittag agreed to put together information for the City
Council.
Mr. Riehle moved to authorize Ms. Louisos, Mr. Chalnick and Mr. Mittag to provide the City
Council with information addressing House Bill H68. Mr. Mittag seconded. Motion passed 6-0.
6. Other Business:
Ms. Louisos noted that two of the Comprehensive Plan sessions do not have a Commission
member indicating he/she will attend to represent the Commission. These are 16 February
(central neighborhoods) and 16 March (southwest neighborhoods).
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:39 p.m.
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Clerk