HomeMy WebLinkAboutAgenda - City Council - 12/07/2020AGENDA
SOUTH BURLINGTON CITY COUNCIL
IMPORTANT:
This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and members
of the public are invited to participate either by interactive online meeting or by telephone. There will be
no physical site at which to attend the meeting.
Participation Options:
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SouthBurlingtonVT/city-
council-2020-12-07
By Telephone (audio only): (571) 317-3122, Access Code: 349-233-269
MEMBERS OF THE PUBLIC WHO PARTICIPATE BY THE INTERACTIVE ONLINE MEETING TOOL ARE ASKED TO MUTE YOUR MICROPHONES WHEN NOT SPEAKING AND TURN OFF YOUR CAMERAS. IF YOU WISH TO SPEAK TO THE COUNCIL ON A PARTICULAR AGENDA ITEM, TURN YOUR CAMERA ON TO BE RECOGNIZED AT THAT TIME.
Regular Session 6:00 P.M. Monday, December 7, 2020
1.Agenda Review: Additions, deletions or changes in order of agenda items. (6:00 – 6:01 PM)
2.Possible Executive Session to discuss matters related to personnel. (6:01 – 6:30 PM)
3.Comments and questions from the public not related to the agenda. (6:30 – 6:40 PM)
4.Announcements and City Manager’s Report. (6:40 – 6:50 PM)
5.Consent Agenda: (6:50 – 6:52 PM)
a)***Approve disbursementsb)***Approve Revised Agreement to Reconstruct Stonehedge Drainage Swale
6.Consider and possibly appoint a new member to the Library Board of Trustees (candidate
has already been interviewed for the position by the Council) Kevin Dorn, City Manager (6:52
– 7:00 PM)
7.Update from Snyder/Braverman/City Center LLC on City Center development (7:00 – 7:30PM)
8.***Public hearing on proposed Land Development Regulation amendments, Jessica Louisos,Planning Commission Chair and Paul Conner, Director of Planning & Zoning: WARNED FOR
7:30 PM (7:30 pm – 7:40 PM)
•LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in theUrban Design Overlay District via installation of an on-site civic space
•LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in theUrban Design Overlay District via use of Transferable Development Rights fromdesignated Sending Areas
•LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the CityCenter Form Based Code District
•LDR-20-18A: Eliminate requirement for submission of paper copies of applications underthe Land Development Regulations
•Possible action to adopt proposed Land Development Regulations amendments #LDR-17-13A, LDR-17-13B, LDR-19-06, and LDR-20-18A (7:40 pm – 7:41 pm)
9.Presentation on proposed updates to Land Development Regulations to include Habitat
Blocks, Habitat Connectors, and other amendments to Environmental Protection Standards –Jessica Louisos, Planning Commission Chair (7:40 – 8:10 PM)
10.Update on preparation of a Climate Action Plan, Paul Conner, Director of Planning & Zoning(8:10 – 8:20 PM)
11.***Preliminary Budget discussion on operations budget for new Library – Jennifer Murray,Patrick Leduc, Ted Lenski (8:20 – 8:35 PM)
12.***Overview of Capital Improvement Plan for Fiscal Year 2022 – Tom Hubbard, Deputy CityManager (8:35 – 9:15 PM)
13.***Identify & discuss items for Legislators for upcoming session – Kevin Dorn, City Manager(9:15 – 9:30 PM)
14.Approve posting for City Manager position and procedure for soliciting and evaluatingapplications. (9:30 – 9:45 PM)
15.Reports from Councilors on Committee assignments (9:45 – 9:55 PM)
16.***Convene as the South Burlington Liquor Control Commission to consider the followingApplication: (9:55 – 10:00 PM)
Red Barn Market & Deli Second Class License
17.Other business (10:00 – 10:05 PM)
18. Adjourn (10:05 PM)
Respectfully Submitted:
Kevin Dorn
Kevin Dorn, City Manager
*** Attachments Included
South Burlington Water Dept. Accounts Payable Check Register Date: 12/08/20
Date Check No. Paid To Memo Amount Paid
12/8/2020 4163 Continental Utility Solutions, Inc.250.00
Date Voucher Number Reference Voucher Total Amount Paid
11/3/2020 VI-15215 U27529 250.00 250.00
12/8/2020 4164 E.J. Prescott, Inc.342.51
Date Voucher Number Reference Voucher Total Amount Paid
11/16/2020 VI-15220 5798396 29.61 29.6111/17/2020 VI-15221 5799104 312.90 312.90
12/8/2020 4165 FirstLight Fiber 20.70
Date Voucher Number Reference Voucher Total Amount Paid11/15/2020 VI-15222 8202223 20.70 20.70
12/8/2020 4166 Sanexen Water Inc 152,000.00
Date Voucher Number Reference Voucher Total Amount Paid10/30/2020 VI-15223 452000235 152,000.00 152,000.00
12/8/2020 4167 Ti-Sales Inc.945.49
Date Voucher Number Reference Voucher Total Amount Paid
11/17/2020 VI-15217 INV0124813 476.61 476.6111/12/2020 VI-15218 INV0124673 468.88 468.88
12/8/2020 4168 Champlain Water District 45,430.19
Date Voucher Number Reference Voucher Total Amount Paid
11/30/2020 VI-15227 SBWD-368 45,430.19 45,430.19
12/8/2020 4169 Champlain Water District 106,501.82
Date Voucher Number Reference Voucher Total Amount Paid
11/30/2020 VI-15225 NOVEMBER 106,369.54 106,369.5411/30/2020 VI-15226 SBWD-361 132.28 132.28
12/8/2020 4170 E.J. Prescott, Inc.65.38
Date Voucher Number Reference Voucher Total Amount Paid11/23/2020 VI-15224 5802081 65.38 65.38
Printed: December 02, 2020 Page 1 of 2
South Burlington Water Dept. Accounts Payable Check Register Date: 12/08/20
Date Check No. Paid To Memo Amount Paid
Total Amount Paid:305,556.09
SOUTH BURLINGTON CITY COUNCIL
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Printed: December 02, 2020 Page 2 of 2
Memo
To: South Burlington City Council
From: Tom DiPietro, Deputy Director of Public Works
CC: Kevin Dorn, City Manager
Justin Rabidoux Director of Public Works
Date: December 1, 2020
Re: Revised Agreement to Reconstruct Stonehedge Drainage Swale
The South Burlington Stormwater Services Division previously worked with the Homeowners
Associations (HOAs) in Stonehedge to address issues associated with an expired State of Vermont
stormwater permit. As part of those efforts we installed 3 new bio-retention areas, a new stormwater
detention pond, and made improvements to the drainage infrastructure in the neighborhood. We are
currently working with the HOAs to move this expired State stormwater permit under the City’s MS4
permit so that property owners will have valid State permit coverage.
Despite previous efforts, one significant drainage issue remains in the neighborhood. When the
neighborhood was originally constructed a drainage swale was installed between the K and L clusters.
Since that time the swale has filled in with sediment and invasive wetland vegetation has grown in this
area. The root mat for the invasive plants has grown so vigorously that it now impedes the flow of water
out of the neighborhood. This has resulted in flooding and safety (ice related) issues for residents in the
L cluster. Rectifying this issue was not part of the State stormwater permit related work that was
previously undertaken. However, the City and the HOAs continue to work together to resolve this issue.
In August of 2019, the City and the HOAs entered into an agreement that described how the swale
work would move forward. Since that time, and after continued discussion with the State wetlands
division, it was determined that the total project cost would be more than previously anticipated.
Attached to this memo is a new agreement that revises and updates the conditions in the previous
agreement. This agreement has been prepared and approved by the City’s legal counsel. I recommend
that City Council vote to approve this agreement. Once approved, we will move forward with the work
necessary to improve drainage and resolve the existing safety and quality of life issues caused by
insufficient drainage in this area.
If you have any questions, please contact me at (802) 658 – 7961 x6108 or tdipietro@sburl.com.
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AMENDMENDED DRAINAGE SYSTEM IMPROVEMENT AGREEMENT
AMENDED AGREEMENT by and between the Stonehedge South Area
Association, Inc., a Vermont nonprofit corporation with its principal place of
business in City of South Burlington, County of Chittenden and State of Vermont,
hereinafter referred to as the “Association,” and the City of South Burlington, a
Vermont municipality in the County of Chittenden and State of Vermont,
hereinafter referred to as the “City”.
W I T N E S S E T H:
WHEREAS, the Association is an organization whose membership includes
the owners of one hundred and nine (109) condominium units in the Stonehedge
condominiums, which is subject to a to an Agreement and Declarations of
Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated December 29, 1978, and recorded in Volume 150, Page 63 of the
City of South Burlington Land Records; an Agreement and Declarations of
Covenants, Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated September 24, 1979, and recorded in Volume 154, Page 313 of
the City of South Burlington Land Records; and a Declarations of Covenants,
Easements, Charges and Liens of Glenwood Corp. and Stonehedge Area
Association, dated February 19, 1982, and recorded in Volume 176, Page 562 of the
City of South Burlington Land Records, and as amended, (the “Condominium”); and
WHEREAS, the Condominium, or portions thereof, is shown as “Phase I” on
plans entitled, “Stonehedge Final Plot Plan - Phase I,” dated August 25, 1978, and
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recorded at Volume 153, Page 3 (Map Slide 115) of the City of South Burlington
Land Records; and “Phase II, Stonehedge, South Burlington, Site Plan,” prepared
by the Office of Terrence J. Boyle, recorded on June 5, 1979, and recorded at Book
153, Page 35 (Map Slide 121) of the City of South Burlington Land Records; and
WHEREAS, the Association and its members desire to have the City assume
responsibility for constructing certain drainage improvements within the
Condominium, which primarily consists of improving an existing drainage swale
and other activities related thereto (the “Drainage Improvements”). Said Drainage
Improvements are separate from previous stormwater improvements constructed by
the City to improve stormwater drainage within the Condominium and are not part
of the special assessment district applicable to the Condominium; and
WHEREAS, the City is willing to assume responsibility for constructing the
Drainage Improvements, provided it receives adequate funding from the Association
to cover a portion of the costs for such work, and subject to certain terms and
conditions; and
WHEREAS, the Association and the City of South Burlington entered into a
Drainage System Improvement Agreement on August 6, 2019 (“Original
Agreement”) and because total project costs far exceeded expectations, the parties
mutually require the amendment of certain provisions of the Original Agreement.
NOW THEREFORE, in consideration of these mutual promises and other
good and valuable consideration, the receipt of which are hereby acknowledged, the
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Association, acting by and through its Board of Directors and duly authorized
representative, and the City, acting through its City Council, covenant and agree as
follows:
1.The Association hereby:
A.Authorizes the City to enter into a contract with an engineering
firm to design the project and submit appropriate permit applications, which
contract shall not exceed Twenty Thousand Dollars ($20,000), unless otherwise
mutually agreed upon by the City and the Association in writing; and
B.Agrees to submit a wetlands permit application to the Vermont
Agency of Natural Resources with the City as a co-permittee, which permit
application and related impact fees shall not exceed One Hundred Sixty Thousand
Dollars ($160,000), unless otherwise mutually agreed upon by the City and
Association in writing; and
C.Authorizes the City to enter into a contract with a construction
contractor selected in accordance with the City’s purchasing policy to perform the
work required to construct the Drainage Improvements in an amount not to exceed
Twenty-Five Thousand Dollars ($25,000), unless otherwise mutually agreed upon
by the City and Association in writing, subject to Section 2(B), below, (the
“Construction Contract”) and authorizes the City to take any and all actions which
it, in the reasonable exercise of its discretion, deems necessary and appropriate to
oversee the diligent performance of the Construction Contract. The City will not
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commence construction under the Construction Contract unless the Association
approves the design in advance pursuant to Section 2(A), below; and
D.Agrees that it will indemnify and hold the City harmless for
Fifty Percent (50%) of all costs incurred by the City in its performance of its
obligations under this Agreement and the Construction Contract, which costs shall
be limited to the costs to design the project and prepare appropriate permit
applications for the same, costs to obtain permits for the project, including permit
and impact fees required by the permit, and costs related to the Construction
Contract and the costs to perform the work required to construct the Drainage
Improvements. The Association’s foregoing payment obligation shall be in effect
regardless of whether the Construction Contract is fully performed or is terminated
prior to final completion, including, without limitation, interest costs.
E.Grants the City and the Contractor for the Construction
Contract such rights of access to property owned by the Association and its
members as is reasonably necessary to construct the Drainage Improvements.
2.The City hereby agrees that it will:
A.Review with the Association’s president or duly authorized
agent and obtain approval of the final design of the Drainage Improvements prior to
commencement of construction; and
B.On or before June 1, 2022, enter into a contract with a
contractor to perform the work required to construct the Drainage Improvements,
provided that it receives a construction proposal that does not exceed the authorized
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limit of Twenty-Five Thousand Dollars ($25,000) and is, in the reasonable exercise
of its discretion, acceptable to the City; provided, however, that if the lowest
acceptable construction proposal (in the City’s sole discretion) exceeds said
authorized limit, the City may proceed and enter into the Construction Contract
upon written notice to the Association; and
C.Not issue to the Contractor a Notice to Proceed with
construction of the Drainage Improvements prior to January 1, 2020; and
D.Take any and all actions which the City, in the reasonable
exercise of its discretion, deems necessary and appropriate to oversee the diligent
performance of the Construction Contract; and
E.Pay all sums due under the Construction Contract; and
F.Consult with the Association’s president or duly authorized
agent before agreeing to an individual change order to the Construction Contract
that involves an increase in the contract price of Ten Thousand Dollars ($10,000) or
more; and
G.Promptly terminate the Construction Contract in accordance
with its terms upon receipt of a written request of the Association, which request
will be deemed to acknowledge the Association’s payment obligation under Section
1(D) above; and
H.Review with the Association any work prior to completion and
upon expiration of the one-year warranty period following final completion of the
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Construction Contract and correction or replacement of any deficient work and
materials.
3.The City shall have the right to terminate the Construction Contract
if:
A.The Association objects to any contract change order which the
City considers necessary for the proper completion of the Drainage Improvements;
or
B.The City determines, in its sole discretion, that termination is
necessary for the best interests of the City. Prior to such termination, the City shall
provide the Association five (5) business days to accept an assignment of the
Construction Contract under which the Association assumes all of the City’s
obligations and responsibilities under the Construction Contract.
The City’s termination of the Construction Contract on either basis set forth above
shall not relieve the Association of its payment obligations under Section 1(D)
above.
4.Upon completion or earlier termination of the Construction Contract,
the City shall issue an invoice to the Association, and the Association shall pay to
the City fifty percent (50%) of the amount owed within ninety (90) days. The
remaining fifty percent (50%) of the amount owed shall be paid to the City within
one hundred eighty (180) days. Any amount unpaid at the end of one hundred
eighty (180) days shall be subject to interest at the statutory judgment rate. If the
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City is required to initiate collection proceedings to obtain full payment, it shall be
entitled to recover interests, its court costs and reasonable attorneys’ fees.
5.Prior to the City’s issuance of a Notice to Proceed to the Contractor
under the Construction Contract, the Association may terminate the Construction
Contract and this Agreement by providing written notice by First Class mail to the
City. Termination shall be effective no earlier than ten (10) calendar days following
date of mailing of the notice by First Class mail to the City. Such termination shall
not relieve the Association of its obligations pursuant to Section 1(D) with regard to
payment of Fifty Percent (50%) of all costs incurred by the City up to the date of
termination and Fifty Percent (50%) of those costs incurred by the City after the
date of termination which are necessary for the City to conclude activities pursued
under the Construction Contract and this Agreement in accordance with
contractual, legal or other obligations.
6.If the Construction Contract is terminated prior to final completion,
this Agreement shall automatically terminate. Within thirty (30) days of such
termination, City shall submit an invoice to the Association for all amounts payable
by the Association pursuant to Section 1(D) above. Unless otherwise agreed
between the parties, the Association shall pay the full amount owed within sixty
(60)days. Any amount unpaid at the end of sixty (60) days shall be subject to
interest at the statutory judgment rate. If the City is required to initiate collection
proceedings to obtain full payment, it shall be entitled to recover interest, its court
costs and reasonable attorneys’ fees.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: Kevin Dorn, City Manager; City Council
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Public Hearing and Possible Action on Proposed LDR Amendments: LDR-17-13A, LDR-
17-13B, LDR-19-06, LDR-20-18A
DATE: December 7, 2020 City Council Meeting
Enclosed please find a series of amendments to the Land Development Regulations. These amendments were
approved 7-0 by the Planning Commission following their public hearing on November 10, and received by
the City Council on November 16th. No public comments were received as part of the Planning Commission
public hearing and none have been provided to staff as of the writing of this memo for the Council hearing.
There are four amendments enclosed:
a.LDR-17-13A: Allow for increase in maximum building and lot coverage on properties with land in the
Urban Design Overlay District via installation of an on-site civic space
b.LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via use of Transferable Development Rights from designated Sending Areas
c.LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center Form
Based Code District
d.LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
Per the Council’s request, a short summary of the changes has been prepared at the top of each individual
amendment. In addition, staff has included a map showing the boundary of the “Urban Design Overlay
District” which is referenced in the first two amendments.
Actions:
1.Open Public Hearing
2.Jessica Louisos, chair of the Planning Commission will provide an overview of the amendments
3.Receive any public comments and/or Council questions
4.Close the public hearing
Following closure of the public hearing, Council may vote to adopt the draft Regulations.
Proposed motion: “I move to adopt the following amendments to the Land Development Regulations, as
presented: LDR-17-13A, LDR-17-13B, LDR-19-06, and LDR-20-18A.”
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Monday, December 7, 2020 at 7:30 pm
PLEASE TAKE NOTICE that the City Council will hold a public hearing on December 7 at 7:30 PM to consider
amendments to the Land Development Regulations. The amendments affect all parts of the City unless
otherwise specified below. The hearing will be held via remotely via GoToMeeting. Participation options:
A.Interactive Online Meeting (audio & video): https://www.gotomeet.me/SouthBurlingtonVT/city-
council-2020-12-07
B.By Telephone (audio only): (571) 317-3122, Access Code: 349-233-269
The purpose of the hearing is to consider the following:
1.LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via installation of an on-site civic space
2.LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban Design
Overlay District via use of Transferable Development Rights from designated Sending Areas
3.LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center Form
Based Code District
4.LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
Specific Sections to be Amended:
2.02 Definitions
8.08 Open Space Requirements
8.09 Uses Allowed and Changes of Use
9.05 Transfer of Development Rights
10.06 Urban Design Overlay District
Appendix F. Open Space Types
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 2nd Floor, 575 Dorset Street, and on the city website at www.sbvt.gov.
Helen Riehle, City COuncil Chair
October 22, 2020
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
Approved by Planning Commission 2020-11-10
LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via installation of an on-site civic space
LDR-17-13B Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via use of Transferable Development Rights from designated Sending
Areas
Amendment Summary [not for inclusion in the bylaw]:
This amendment allows for an increase in the maximum lot coverage [buildings, driveways,
parking areas, walkways, etc.] of up to ten (10) percentage points for any parcel with land in the
City’s Urban Design Overlay Zoning District. In other words, a parcel with a maximum lot
coverage of 70% would be allowed to increase the coverage to 80%.
The Urban Design Overlay District covers all land in South Burlington within 150’ of Shelburne
Road/Street, and land within 150’ of Williston Road from just east of Victory Drive to just east of
Kennedy Drive.
To be eligible for this increase, a property owner has two options:
●Design and install an on-site, high quality civic space equal to 30% of the amount of the
additional lot coverage for use by employees, residents, patrons, and/or the public [LDR-17-
13A]. The eligible civic space types are found in Appendix F and are part of a related
amendment, LDR-19-06.
●Purchase Transferable Development Rights from land designated for conservation in the City’s
Land Development Regulations. For each increment of 10,000 s.f. of lot additional coverage
above the base maximum, an applicant would need to conserve 0.83 acres of land [LDR-17-13B]
2.02 Definitions
…
Transferrable Development Rights. The development potential of a parcel of land assigned by these
regulations and measured in dwelling units per gross acre, which may be severed from a parcel, the
sending parcel, and which may be transferred to and used on another parcel, the receiving parcel. To the
extent that the development potential of a sending parcel is used on a receiving parcel, rights or interests
in the parcel created by a legal instrument in perpetuity, conserving the sending parcel and limiting the
possible uses of the sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized
recreation shall be granted to the City, a State agency or a Qualified Organization, as defined in 10 V.S.A.
section 6301a, as amended from time to time.
10.06 Urban Design Overlay District (UDO)
A.Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple
design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the
City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive
Plan. The Urban Design Overlay District aids in fulfilling the City’s vision for the Southwest quadrant, which
is to enable infill and conversion development, encourage pedestrian movement, serve local and regional
shopping and employment needs, and make use of existing public transportation. The City intends for the
applicable areas to provide safe and inviting access to adjacent neighborhoods.
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
Approved by Planning Commission 2020-11-10
…
E.Allowance for Increase Lot Coverage via supplemental On-Site Open/Civic Space or Transferable
Development Rights. For parcels with land underlying the Urban Design Overlay District, the maximum
lot coverage may be increased by up to ten (10) percentage points using one of the two methods described
below. Such allowance shall apply only to the subject lot with land underlying the Urban Design Overlay
District and not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit
Development for the subject lot.
Example: For a lot in a zoning district where the maximum lot coverage as identified in Appendix
C is 70%, the maximum lot coverage for said lot may be increased to 80%.
(1)On-Site Open/Civic Space Option. The applicant shall demonstrate compliance with each of
the following standards as part of any proposal to increase lot coverage under this subsection:
(a)For each additional increment of lot coverage, an area on the site equal to thirty (30)
percent of said increment shall be designated on the site plan for the subject parcel as one or
more Snippets/Parklets and/or Pocket/Mini-Parks as enumerated in Appendix F;
(b)The selected Open/Civic Space type(s) must comply with all requirements and guidelines
for the applicable type in Appendix F;
(c)All elements of the applicable Open/Civic Space type shall be constructed prior to the
issuance of a certificate of occupancy;
(d)Where elements of such Open/Civic Space type are pre-existing, they may be used to
qualify under this section; and,
(e)Impervious areas within an approved Open/Civic Space shall not be considered lot
coverage for the purposes of these Regulations.
(2)Transfer of Development Rights Option. The applicant shall demonstrate compliance with
each of the following standards as part of any proposal to increase lot coverage under this subsection:
(a)Provision of Options to acquire all necessary TDRs from a designated Sending Area as part
of any application to the Development Review Board or Administrative Officer in accordance with
Article 9 of these Regulations.
(b)Recording of required documentation demonstrating completed transfer(s) of all
necessary TDR, in a form acceptable to the City Attorney, shall be required prior to issuance of any
zoning permit enabling use of increased lot coverage.
(c)Only the minimum quantity of Transferrable Development Rights necessary to satisfy the
requirements of the site plan or Planned Unit Development application may be transferred to the
receiving parcel. If the minimum quantity of TDRs results in more available lot coverage on the
receiving parcel than is required for the site plan or PUD application, that shall be noted in the
decision and may be used in a subsequent application with no additional TDR transfer.
(3)Combined Applications. In no case shall the options listed above be used in combination or
in addition to one another.
TRANSFER OF DEVELOPMENT RIGHT – ARTICLE 9
9.05 Transfer of Development Rights; Sending & Receiving Areas and Residential Density
The planned maximum residential build-out in the SEQ District has long been limited to approximately
3,800 dwelling units, plus an allowance for affordable housing density bonuses. In order to maintain this
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
Approved by Planning Commission 2020-11-10
limitation on the overall development of the SEQ District and to encourage both well-planned residential
development in clusters and the preservation or protection of open space, natural resources, scenic views
and agricultural uses, the Transfer of Development Rights is hereby authorized within the SEQ District. To
allow for the redistribution of development to areas priority development areas outside the SEQ District,
the Transfer of Development Rights to land within the Urban Design Overlay District is also authorized as
enumerated in this Section.
A.Sending and Receiving Areas. TDRs are transferred and severed from lands within designated
sending areas and transferred to and used on lands within designated receiving areas.
(1)Sending Areas. Lands within the following areas are designated as Sending Areas:
(a)Lands within the SEQ-NRP and SEQ-NRT sub-districts.
(2)Receiving Areas. Lands within the following areas are designated as Receiving Areas:
(a)Lands within the SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts;
(b)Parcels with land underlying the Urban Design Overlay District.
(1)Lands within the SEQ-NR, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts are designated as
receiving areas.
(2)Lands within the SEQ-NRP sub-district are designated as sending areas.
(3)Lands within the SEQ-NRT sub-district area designated both as sending areas and receiving
areas.
B.Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ
District is provided an Assigned Density based on the maximum residential build-out of the SEQ District.
The maximum assigned density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross
acre.
(1)SEQ-VC: Lots in the SEQ-VC sub-district that were in existence as of the effective date of this
Article and that are two acres or less in size shall be allowed an assigned residential density of four (4)
dwelling units to the acre.
C.Allowable Density for Development that does not Include a Transfer of Development Rights: If
a PUD does not use Transferrable Development Rights, the number of dwelling units that may be
developed, or the number of single family house lots that may be created, in the PUD shall not exceed an
average density and a maximum number of units per structure as follows:
(1)In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2)In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling
units to the acre and four (4) dwelling units per structure.
(3)In the SEQ-VC Subdistrict:
(a)For lots that were in existence as of the effective date of this Article and that are two acres
or less in size: four (4) dwelling units per acre
(b)For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units
per structure.
D.Allowable Residential Density for Development that Includes a Transfer of Development Rights
LDR-17-13 A & B
Lot coverage in Urban Design Overlay District
Approved by Planning Commission 2020-11-10
(1)If a PUD in the Southeast Quadrant Zoning District uses Transferrable Development Rights, the
number of dwelling units that may be located on, or the number of single-family house lots that may
be created within, a contiguous development parcel subject to a single PUD or Master Plan approval
shall be increased to a maximum average density as follows:
(a)In the SEQ-NRT and SEQ-NR sub-districts: Four (4) dwelling units to the acre and four (4)
dwelling units per structure.
(b)In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and
four (4) dwelling units per structure.
(c)In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6)
dwelling units per structure.
Such average densities may be achieved only as part of a Planned Unit Development application.
Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater
number of dwelling units than those permitted in these Regulations, such approved number of units
in a structure shall remain in effect.
(2)If a site plan or PUD outside the Southeast Quadrant Zoning District uses Transferrable
Development Rights, the maximum development density that may be located on a development
parcel subject to a site plan or PUD approval shall be increased as follows:
(a)In the Urban Design Overlay District, lot coverage indicated in Section 10.06 of these
Regulations.
E.Development Rights Necessary to Obtain Density Increase
(1)To obtain the increased density allowable in a receiving area in the SEQ District, transferrable
development rights must be acquired from 0.83 acres of land in a sending area for each additional dwelling
unit (excluding accessory dwelling units) approved for development on the receiving parcel beyond the
maximum average density that would be allowable on the receiving parcel if the PUD did not use
transferrable development rights.
(2)To obtain the increased density allowable in a receiving area outside of the SEQ District, transferrable
development rights must be acquired as set forth on Table 9-0.
Table 9-0: Density Rights Required to Obtain Lot Coverage Increase
Additional Lot Coverage Approved for Receiving Parcel
beyond the Maximum Lot Coverage Allowed on the
Receiving Parcel is Site Plan or PUD did not use TDRs
TDRs required from land in sending areas
Up to 10,000 SF 0.83 acres
10,001 SF – 20,000 SF 1.67 acres
20,001 SF – 30,000 SF 2.50 acres
Each additional increment of 10,000 SF 0.83 acres
Appendix F: SEE LDR AMENDMENT #LDR-19-06
BurlingtonInternational Airport
NOT A VPZ
HINESBURGRD. - NORTH
DORSETPARK
SPEAR ST. -OVERLOOK PARK
DORSETPARKSPEAR ST. -OVERLOOK PARK
SPEAR ST. -OVERLOOK PARK DORSET PARK
SPEAR ST.- RIDGE DORSETPARKDORSETPARK
HINESBURGRD. - SOUTH
Overlay Districts- Map 1 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_1_20180810.mxd
South Burlington, Vermont
Urban Design Overlay
Primary Node
Secondary Node
Form Based Code Gateway Area
Gateway Area
Flood Plain Overlay District
Zone A - 100-year Flood Plain
Scenic View Protection Overlay District
Dorset Park
Hinesburg Road - North
Hinesburg Road - South
Spear Street - Overlook Park
Spear Street - Ridge
Map Features
Roads
Tax Parcel Boundaries
Urban Design Overlay District
LDR-19-06 Open Space Types
Draft Approved by Planning Commission 2020-11-10
LDR-19-06 Modify Table of Open Space Types (Appendix F) and Applicability in the City
Center Form Based Code District
Amendment Summary [not for inclusion in the bylaw]:
This amendment makes changes to the Open/Civic Space Types table and consolidates text of
where these Types apply in the City.
Since its initial adoption in 2016, the City Center “Form Based Code” zoning district has required
new development to include a high-quality space for employees, patrons, tenants, and/or the
public to gather in the design of their site (or a nearby site). The minimum size is based on the
size of the building and/or number of homes, and includes a number of different “types” of
eligible spaces, each with their own design characteristics, from rooftop decks, to small parks, to
community gardens.
This amendment creates two new types: a “snippet/parklet” and “private yard space.” The
snippet/parklet is a very small, high quality space tucked to the side of a building. In the first few
years of applying the Form Based Code, it was found that there were not enough options for
application to design creative, for small spaces. “Private yard space” has been included from the
beginning but had no definition.
This amendment also makes a number of small adjustments to various other “types”, and
consolidates the text from Article 8 (City Center Form Based Code) into the table for ease of use.
Finally, this amendment connects two of the open/civic space types (snippet/parklet and
pocket/mini park) to an allowance for increased lot coverage in the Urban Design Overlay
District [see LDR-17-13A]
2.02 Definitions
Open space. Land maintained in essentially an undisturbed, natural state for purposes of resource
conservation, and/or maintaining forest cover; or that is enhanced and managed for outdoor recreation
and civic use, working lands, or local food production. Open space must be of a quality and size that
supports its intended function or use. Open space specifically excludes streets, parking areas, driveways
and other areas accessible to motor vehicles.
Open space, common. Land within or related to a development, not individually owned or dedicated
for public use, which is designed and intended for the common use or enjoyment of the residents or
employees of the development, and may include such complementary structures and improvements
as are necessary and appropriate.
Open space, public. Open space owned in fee or by the City, a public agency, land trust, or non-profit
organization and maintained for the use and enjoyment of the general public, health, safety, and
LDR-19-06 Open Space Types
Draft Approved by Planning Commission 2020-11-10
welfare of the general public, habitat preservation, agriculture or urban agriculture, or preservation
of other public goods such as landscape or scenic vista preservation.
Open Space, or Open/Civic Space, Qualifying. Open Space that meets all of the requirements of
Tables 8-1 (Open Space Requirements), 8-2 (Qualifying Open Space) and the requirements of
Appendix F, Open/Civic Space.
Open Space, Qualifiable. Open Space that meets the requirements of Tables 8-1 (Open Space
Requirements) and 8-2 (Qualifying Open Space), and the following elements of Appendix F, Open/Civic
Space: Type allowed in the applicable Transect Zone, Description & Service Intent, Size, and Location &
Access.
8.08 Open Space Requirements
…
C.Qualifying Civic/Open/Civic Space. Qualifying Civic/Open/Civic Space is defined per the palette
of options included in Appendix FTable 8-2, and specifically excludes areas also intended for motor
vehicular use, such as parking areas, driveways, travel lanes, etc.
Table 8-2. Qualifying Open Space
Transect Zone Allowable Open Space (see Appendix F for standards)
T5 Pocket/Mini Park
Plaza/Square
Outdoor café/restaurant seating (not within the public right-of-way)
Sun Terrace (as restricted in Appendix F)
Courtyard
Pedestrian Pass
Indoor Park / Atrium
T4 All Open Space listed as allowable in T5 and;
Playgrounds
Green (residential and campus style development only)
Community gardens
Rain Gardens (as restricted in Appendix F)
Wooded area (as restricted in Appendix F)
Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in
Appendix F)
T3/T3+ Pocket/Mini Park
Courtyard
Green- residential with more than 7 units only
Private yard space (respecting common space requirement indicated in Table 8-1)
LDR-19-06 Open Space Types
Draft Approved by Planning Commission 2020-11-10
Playground
Community gardens
Wooded area (as restricted in Appendix F)
…
E.Open Space Location
(1)Locating Open Space Off-Site
(a)Qualifying open space may be located off-site, or on a parcel other than the one where
the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open
space must be located within City Center FBC District boundaries and must meet the standards
articulated herein. Designated off-site open space must qualify under the palette of options
listed in Table 8-2Appendix F.
…
G.Landscaping Requirements
…
(2)Within the City Center FBC District, the minimum landscaping budget may be applied to non-
bulb perennial vegetation, or other amenities, as detailed in Table 8-23 and Appendix F, as part of a
cohesive landscaping plan for the site that provides adequate planting of trees and shrubs appropriate
to the site.
…
Table 8-23. Landscaping Options
…
8.09 Uses Allowed and Changes of Use.
A.General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in
Table 8-34, Table of Uses, these Land Development Regulations, other applicable City ordinances and
regulations and by state statute or applicable state regulation. In Table 8-34 below (Transect Zone Table
of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that
Transect Zone pursuant to these Land Development Regulations.
B.Nonconforming structures. Table 8-34, Transect Zone Table of Uses, indicates uses that are
prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building
Envelope Standards. See also Section 8.11 for nonconformities.
Table 8-34. Transect Zone Table of Uses
…
APPENDIX F: CIVIC/OPEN/CIVIC SPACE TYPES
SEE ATTACHED TABLE
APPENDIX FDraft Approved by Planning Commission 2020‐11‐10Civic/Open Space RequirementsF‐1Plaza/Square Green Pocket/Mini Park Playground Outdoor Café/ Restaurant SeatingSun Terrace Indoor Park/Atrium Courtyard Wooded AreaCommunity Shared Garden SpaceApplicabilityAll FBC DistrictsT3, T3+, T4All FBC Districts, Parcels with land in Urban Design Overlay DistrictAll FBC DistrictsAll FBC Districts (must be associated with a restaurant)Buildings having 3 or more stories in T4 and T5 T4, T5All FBC DistrictsOnsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E.All FBC districts.Description & Service IntentPrimarily hard-surface space. Intended to serve public, allowing people to congregate, sit, walk, or access adjacent businesses. Placement, design, and intended use should consider relationship to ajdajcent land uses.Informal and centralized public, civic space or common/shared private space for residential use or campus-style development.Small open area. May be tucked adjacent to or between buildings, or adjacent to roadway. on a separate lot or portion of a lot. Intended to primarily serve public or residents within 1/4 mile radius.Programmed space and/or structure that serves the active recreational needs of children in the immediate vicinity.An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drinkAccessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Naturally occurring area with predominance of canopy trees with enhancement and public access.Land set aside and maintained for production of food to be used primarily for participating gardeners. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-style Development: 0.5-3 acres.2,000-10,25,000 sq. ft.Total pPlay area shall be a minimum of 1,500 2400 square feet. Play space should include a buffer area around any play structures. Minimum 100 sq. ft. 500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space.Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall projected onto the floor plane. 5,000-20,000 sq. ft. 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space.Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's market.For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of-way via direct walkway; Access from several locations encouraged.Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Accessible from Public Right-of-Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable. Highly visible, directly adjacent to public right of way. See additional public realm standards below.Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three sides (outer) or four sides (inner)Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site.May not be located in any class wetland or wetland buffer. Shall have proper drainage.Seating*, Tables, Etc. Minimum one One seating space for each 500 sq.ft. of plaza area,. with a Mminimum of 10 seatings spaces. Seating is encouraged to be of a variety of types and socially oriented. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up.One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds fixed play equipment, or public picnic tables. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space.One seating space for every 50 sq.ft. of terrace area. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 seating spaces 3.Light enhancement expected. Must include improvements, including cleared paths and benches.None required. Landscaping, Design-Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature. Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Canopy trees should provide substantial shade. Turf and landscape plantings. to Should promote shade over at least 25% a portion of the area.Appropriate ground material- rubber or woodchips. Plantings for articulation of space to complement active play ingredients encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. Shade shall be provided in consultation with the Recreation DirectorFor optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space.Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery.Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Commercial Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permittedPermitted but nNot counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals.Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1.30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted. Not permitted. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind. No requirementsSunlight to most of the occupied area from mid-morning to mid-afternoon. Mix of sun and shade.Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing.Sunlight to sitting areas for most of day.No requirements Full sunlight. Other Shall include minimum components:3 low child-sized swings; 1 toddler sized swing; 2 slides; one or more play houses. Shall include added amenities specifically intended for play by toddlers and young children, to the satisfaction of the Administrative Officer in consultation with the Director of Recreation and Parks. Creativity in design strongly encouraged. Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. Notes:Seating dimensions:*Required dimensions for one seating space or one seat are as follows:Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seatMaterialsAll products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application.South Burlington Land Development Regulations
APPENDIX FDraft Approved by Planning Commission 2020‐11‐10Civic/Open Space RequirementsF‐2ApplicabilityDescription & Service IntentSize Location & Access Seating*, Tables, Etc. Landscaping, Design-Commercial Services, Food Sunlight and Wind Other Notes:Seating dimensions:MaterialsRain GardenSnippet/ ParkletPedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment AreaPrivate Yard SpaceAll FBC districtsAll FBC districts; Parcels with land within the Urban Design Overlay DistrictT4, T5All FBC districtsOnsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E.T-3 and T3+ A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas.Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers.Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Private yard space associated with a residential unit.Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space.600-4,000 sq. ft.8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space.As directed by minimum requirements. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system.Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Directly adjacent to and accessible to at least one entry of the associated dwelling unit. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is are required and can be counted as part of the required open space. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type.One seating space for each 150 sq.ft.Seating is encouraged, but there shall be no minimum requirement.If functional for sitting and viewing, seating can be ledges, benches, and/or stairs.No requirements. Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 530 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouragedLID techniques; no fencing permitted.No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. Not permitted.Permitted40% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted. Not permitted. Not permitted. Appropriate to the plant species selection. No requirementsSunlight to most of the occupied area at lunchtime. Shelter from wind. No requirements. Appropriate to the plant species selection. Exterior to building. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements.Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. South Burlington Land Development Regulations
LDR-20-18A
Technical Amendment - Submission Requirements
Approved by Planning Commission 2020-11-10
LDR-20-18A: Eliminate requirement for submission of paper copies of applications
under the Land Development Regulations
Amendment Summary [not for inclusion in the Bylaw]:
This amendment eliminates the requirement to submit paper copies of any type of application
under these Regulations. Applications are only required to be submitted in a digital form.
All application materials provided to the Development Review Board are now posted online. In
addition, the City now has a digital repository in place where all issued permits, decisions, and
associated application materials are posted online. Finally, any member of the public seeking
copies of an application has multiple options to view them at a terminal at City Hall, emailed, or
sent to a copy store.
Appendix E:
Submittal requirement:
Completed application form; one (1) full-sized, one (1) reduced [11" x 17"], and one (1) digital copy of plans; and
a list of the owners or record of abutting property owners
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing November 10, 2020
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Tuesday, November 10, 2020 at
7:00 pm, via GoToMeeting electronic platform, to consider the following amendments to the South
Burlington Land Development Regulations:
A.LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via installation of an on-site civic space
B.LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via use of Transferable Development Rights from designated Sending
Areas
C.LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center
Form Based Code District
D.LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the
Land Development Regulations
Accessing the Hearing:
This will be a fully electronic meeting, consistent with recently passed legislation. There will be no
physical site at which to attend the meetings. The City is presently using GoToMeeting as our service.
Members of the public are welcome to call in by telephone, join by interactive internet service (with
video conferencing and screen sharing capability), or both.
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SBCity/pc-2020-11-10
Telephone (audio only): (872) 240-3212; Access Code: 928-311-013
2
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
(1)Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2)Is compatible with the proposed future land uses and densities of the municipal plan.
(3)Carries out, as applicable, any specific proposals for any planned community facilities.”
A.LDR-17-13A: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via installation of an on-site civic space
Brief explanation of the proposed bylaw
The amendment would allow for an increase in allowable lot coverage of up to ten (10)
percentage points for any parcel with land in the Urban Design Overlay District with the
provision of an on-site Civic Space equal to thirty (30) percent of the area being added as
impervious surface.
(1)Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendment would allow for additional lot coverage in areas designated in the
Comprehensive Plan as priority areas for development and re-development. The
amendment would have limited effect on the availability of safe and affordable housing
other than to provide additional development flexibility, generally, within the Urban
Design Overlay District; if any applicant did make of the provision for affordable housing, a
minimum amount of civic space would be installed to serve users of the property
(2)Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment is consistent with the Comprehensive Plan’s objectives to support
development re-development along the Shelburne and Williston Road corridors and to do
so in a manner than supports pedestrian-scale design and amenities.
(3)Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
3
B.LDR-17-13B: Allow for increase in maximum lot coverage on properties with land in the Urban
Design Overlay District via use of Transferable Development Rights from designated Sending Areas
Brief explanation of the proposed bylaw
The amendment would allow for an increase in allowable lot coverage of up to ten (10)
percentage points for any parcel with land in the Urban Design Overlay District with the use of
Transferable Development Rights. The amendment would designate properties with land in the
Urban Design Overlay District as a Receiving Area and allow existing Sending Areas to direct
TDRs to these locations.
(1)Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendment would allow for additional lot coverage in areas designated in the
Comprehensive Plan as priority areas for development and re-development. The
amendment would have limited effect on the availability of safe and affordable housing
other than to provide additional development flexibility, generally, within the Urban
Design Overlay District.
(2)Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment is consistent with the Comprehensive Plan’s objectives to support
development re-development along the Shelburne and Williston Road corridors.
Furthermore, it is consistent with the objective to support conservation of land within
areas designed as “very low intensity, principally conservation” in the Comprehensive Plan
by expanding the market for use of Transferable Development Rights
(3)Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
C.LDR-19-06: Modify Table of Open Space Types (Appendix F) and Applicability in the City Center
Form Based Code District
The proposal would amend Chapter 8 (City Center Form Based Code District) and the related
Appendix F to provide for additional qualifying open space types, amend some minor details and
clarify expectations of approved types, and provide for greater organization of the text related
to applicability.
(1)Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendments would not have a direct impact on the availability of safe and affordable
housing. The amendments do continue to further several goals and policies within the
2016 Comprehensive Plan, including objective 33 related to the provision of varied
recreational areas and facilities and objective 35 relating to a targeted open space to
population service standard.
(2)Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
4
(3)Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
The requirements for qualifying open spaces are largely intended to be private spaces and
not community-funded, though there could be the potential for large projects with
related large open spaces to provide for identified or planned public parks or related
community facilities.
D.LDR-20-18A: Eliminate requirement for submission of paper copies of applications under the Land
Development Regulations
Brief explanation of the proposed bylaw
The proposed amendment would eliminate requirements for submittal of paper copies of
applications to the Development Review Board and Administrative Officer. Digital versions of all
documents will continue to be required. They can be provided via digital means to any
interested person and can also be sent to a local printer for reduced or full-sized copies upon
request. When the City’s offices are open to the public, applications can also be made available
for review in person on a public computer
(1)Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing
The amendments will reduce paper waste, furthering the City’s objectives for energy
efficiency.
(2)Is compatible with the proposed future land uses and densities of the municipal plan.
The amendment has no impact on proposed future land uses or densities.
(3)Carries out, as applicable, any specific proposals for any planned community facilities.”
The amendment does not impact specific proposals for any planned community facilities.
SUMMARY OF CAPITAL IMPROVEMENT PROJECTS
CITY OF SOUTH BURLINGTON, VT
DRAFT-FY22
CIP Projects funded with General Fund (Property tax money)
FY21 Approved FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 Total
Highways
Paving 750 750 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 - 8,750
Fleet Replacement 250 250 420 380 350 400 420 450 280 380 480 3,810
Fueling System Replacement - - 210 - - - - - - - - 210
Removal of infected ash trees 100 100 150 150 150 150 - - - - - 700
Garage Expansion 40
Fire & Ambulance
Vehicle Replacement - - 740 - 730 1,350 12 40 40 40 375 3,327
Equipment-Fire & AMB 10 55 52 69 44 76 - 108 60 142 150 756
Communication Tower 216 212 208 205 201 197 194 - - - - 1,217
Vehicles-AMB - - 359 - - 275 - 350 350 - - 1,334
Fire Station Furniture - - - - - - - 500 100 - 600 Police
Police Station Financing Debt Service 66 51 36 20 3 - - - - - - 110
Vehicle Replacement 126 110 152 156 161 166 171 176 181 186 195 1,654
Taser/Handgun Replacement - 45 40 - - - - - 55 - - 140
Security and Building Access Equiptment 65 - - - - - - - - - 80 80
Communications, Computers, Electronics 76 100 214 90 95 125 130 130 135 135 140 1,294 Recreation & Parks -
Overlook Park 35 15 - - - - - - - - - 15
Bleacher Replacement - - 10 - - - - - - - - 10
Szymanski Park Improvement 20 20 - - - 50 - - - - - 70
Farrell Playground Replacement - - - - - - - - - 60 - 60
Red Rocks Facility Replacement - - 500 - - - - - - - - 500
Wheeler House Improvements 120 - - - 100 - - - - - - 100
Irrigation System Upgrades - - 50 - - - - - - - - 50
Recrowning of Athletic Fields at Vet - - 150 150 150 - - - - - - 450
Veteran Memorial Park Upgrades - - - - 25 - - - - - - 25
Vet Memorial Basketball Courts 60 - - - - - - - - - - -
Parks System Master Plan - - 100 - - - - - - - - 100
Fleet Replacement - - 10 - - - - - - - - 10
Dog Park - - - - - - - - - - IT -
IT Hardware 17 17 18 18 18 19 19 19 20 20 20 188
Servers 12 18 12 45 19 47 18 12 45 19 47 282
CM -
Public Art 5 5 22 35 20 20 20 20 20 20 20 202
Indoor Recreation Facility - 300 600 900 1,000 1,300 1,300 1,300 1,300 1,300 9,300
Bonds Payment 193 88 84 81 77 - - - - - - 330
Library -
Bookmobile replacement - - 60 - - - - - - - - 60 City Center -
To City Center Reserved Fund 750 860 860 860 860 860 860 860 860 860 860 8,600
TOTAL 2,910 2,696 5,757 3,858 4,902 5,735 4,144 4,465 4,846 4,262 3,667 44,333
SUMMARY OF CAPITAL IMPROVEMENT PROJECTS
CITY OF SOUTH BURLINGTON, VT
DRAFT-FY22
FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 Total
CIP Projects with Special Funding SourcesHighways
Fueling System Replacement - 40 - - - - - - - - 40 Roads Improvement
Intersection Improvements Airport Parkway-Lime Kiln (Road)- 50 200 200 - - - - - - 450
Williston Road Street Improvements (Road)- - - - - 100 369 4,221 - - 4,690
Spear Street Widening (Road)- - - 315 325 2,596 - - - - 3,236 Police
Police Station Financing Debt Service 470 470 470 470 457 440 423 405 387 369 4,360
Vehicle Replacement 4 3 4 4 4 4 4 4 4 - 35
Building Stewardship Fund 50 50 50 50 50 50 50 50 50 50 500 Recreation & Parks
South Village Soccer Field 145 125 - - - - - - - - 270
Jaycee Park Neighborhood Facility - - 50 500 250 - - - - - 800
Jaycee Park Improvements - - 45 - - - - - - - 45
Baseball Field Dugout Replacement 15 15 15 15 15 - - - - - 75
Veteran Memorial Park Upgrades 190 - - - - - - - - - 190
Dog Park 25 10 - - - - - - - - 35 Open Space Projects
Open Space Debt Payment 125 125 125 125 125 125 - - - - 751
Underwood Property 236 150 17 - - - - - - - 403
Red Rocks Improvements 240 90 40 - - - - - - - 370
Wheeler Homestead & Nature Park Upgrades 100 50 20 - - - - - - - 170 Bike & Peds Improvements
Allen Rd. Shared Use Path (Upper)270 270
Airport Parkway (Phase 1)186 186
Kimball Avenue Shared Use Path (Phase 1)180 - - - - - - - - - 180
Williston Road Crosswalk Locations 150 100 - - - - - - - - 250
S. Dorset Street Shared Use Path 80 350 360 - - - - - - - 790
Hinesburg Road Crosswalk Locations 60 - - - - - - - - - 60
Kennedy Dr/Twin Oaks Crosswalk 40 - - - - - - - - - 40
City Rec Path Wayfinding Project 10 - - - - - - - - - 10
Spear Street Bike/Ped Improvements (Phase 1)- 200 250 200 - - - - - - 650
Queen City Park Road Sidewalk - 50 50 - - - - - - - 100
Kimball Avenue Shared Use Path (Phase 2)- - 60 240 100 - - - - - 400
Hinesburg Rd Bike Facilities - - 50 50 150 250 - - - - 500
Shelburne Rd Crosswalk Imp - - 23 93 - - - - - - 116
Allen Rd. Sidewalks (Lower)- - - 167 140 - - - - - 307
Vale to Spear/Swift Streets Path - - - - 558 - - - - - 558
Airport Parkway (Phase 2)- - - - 100 100 300 300 - - 800
Shelburne Road Ped/Bike Facilities - - - - 58 289 231 - - - 578
Queen City Park Road Shared Use Path - - - - 50 250 - - - - 300
Spear Street/UVM Bike/Ped Infrastructure - - - - - - 150 300 340 - 790
Spear Street Bike/Ped Improvements (Phase 2)- - - - - - 50 100 300 - 450
CM
Indoor Recreation Facility 75 8,400 12,700 - - - - - - - 21,175
Bond Payment - 882 1,401 1,387 1,375 1,361 1,346 1,328 1,311 1,299 11,690
Library
Bookmobile replacement - 50 - - - - - - - - 50
SUMMARY OF CAPITAL IMPROVEMENT PROJECTS
CITY OF SOUTH BURLINGTON, VT
DRAFT-FY22
FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 FY 30 FY 31 Total
Energy Projects
Facility Stewardship 10 10 10 10 10 10 10 10 10 10 100
Fire Station #2 Weatherization - 20 160 - - - - - - - 180
Solar at Airport Parkway WWTP - - - 150 100 - - - - - 250
Thermophilic Digester Natural Gas Reduction - - - - 30 100 - - - - 130
Facilities Review 10 10 10 10 10 10 10 10 10 10 100
City Center
Williston Road Streetscape 142 951 1,051 - - - - - - - 2,144
Garden Street 3,060 1,180 4,952 - - - - - - - 9,192
Pedestrian/Bicycle Access at I-89 Exit 14 600 3,329 8,568 880 - - - - - - 13,377
Urban Park & Festival Streets - 75 299 3,988 - - - - - - 4,362
Parking Garage - 70 100 2,750 3,140 6,315 - - - - 12,375
Stormwater & Wetland Mitigation - 120 1,100 2,420 - - - - - - 3,640
City Center Park 60 120 231 802 - - - - - - 1,213
South Burlington Public Library and City Hall 400 - - - - - - - - - 400
Bond Payment 1,275 1,838 2,908 3,676 4,068 4,079 4,244 4,679 4,624 4,569 35,961
ENTERPRISE CIP PROJECTS
Waste Water (Sewer) Projects
Fleet Replacement 40 70 135 80 - 75 - 80 - - 480
Airport Parkway Outfall 50 650 600 - - - - - - - 1,300
Bartlett Bay Updgrade 400 400 3,200 8,000 6,000 - - - - - 18,000
Hinesburg Rd. PS and Dorset St. FM - - 100 150 1,750 1,700 - - - - 3,700
Lane Press Pump Station & Force Main - - 50 1,500 - - - - - - 1,550
Commerce Ave Force Line Replacement - - 25 250 - - - - - - 275
Gravity Sleeves - - - - - - 500 500 - - 1,000
Pump Station Telemetry 60 60 - - - - - - - - 120
Pump Station Upgrades 200 - 200 - 200 - 200 - 200 - 1,000
Bond Payment 1,272 1,272 1,272 1,272 1,272 1,272 1,272 1,272 1,272 1,272 12,721
Storm Water Projects
Fleet Replacement 119 421 774 150 200 200 200 200 200 - 2,464
Stormwater Projects 4,363 1,857 1,000 1,576 2,047 2,000 2,200 2,000 2,000 - 19,043
Water Projects
High Service 2 By-Pass - - - - 30 200 - - - - 230
AMR & Meter Replacement 90 60 - - - - - - - - 150
Dorset Street East Tank Booster Station - - 353 380 80 120 80 - - - 1,013
National Guard Avenue PRV Vault - - - 20 150 - - - - - 170
U-Mall Flow Control Valve Vault 125 50 - - - - - - - - 175
Spear Meadows Bypass Project - - 20 30 200 - - - - - 250
Bond Payment 138 112 107 102 97 - - - - - 557
TOTAL 15,065 23,885 43,155 32,013 23,141 21,647 11,639 15,459 10,708 7,579 204,291
December 4, 2020
MEMO
TO: South Burlington City Council
FROM: Kevin Dorn, City Manager
RE: Staff recommendations on legislative priorities for 2021
The following are recommendations from staff on issues that we encourage the Council to consider as
priorities for the incoming General Assembly, listed by department.
POLICE
1.The gaps in the current delivery systems of crisis services to citizens (See attached memo from
Chief Burke). While the Community Outreach program has been a huge step forward in
addressing the needs of residents in crisis, there are still those who are falling between the
cracks from the perspective of treatment. Chittenden County needs a 24/7 crisis facility to
address the needs of those falling between the cracks and changes in statute that would allow
these short term de-escalation and treatment efforts to be effective.
2.Use of Force Legislation – new, undefined, legal standard that is set to take effect in July of 2021
–more work needed
3.Prohibited Restraint – current statutory language does not explicitly include a defense for use in
response to deadly force. This should be addressed.
4.Unfunded mandates in the police reform realm; body worn camera technology, use of force
reporting, data collection and reporting enhancements.
PLANNING
1.We’d be interested in keeping track of the remaining part of S.237 that passed the Senate but
didn’t pass the House. The VT Planner Association put out a good position paper on a number of
these.
2.There has been discussion of advancing the statewide rental registry. If the state were to take
this on, it would certainly benefit South Burlington and would allow us to better track things like
Short Term Rentals as well as being able to communicate with landlords on various subject
areas.
3.We have not heard much on what else from the Act 250 Commission is potentially moving
forward. I’d consider this to be mostly tangential to us but keeping an eye out for opportunities
to support exemptions in our developed areas, similar to the Neighborhood Development Areas,
would be welcome.
PUBLIC WORKS
1.Biosolids management, including PFAs and land application. The Department of Environmental
Conservation continues to threaten closing down land application of Class A biosolids. South
Burlington has invested in purification of effluent to qualify as Class A – a very benign waste
product. Blocking land application will lead to increased shipping costs to the Coventry landfill
or another facility and fill those facilities more quickly than need be. The Legislature needs to
intervene and provide assurance that land application can still be used for Class A biosolids.
2.Highway State Aid payments to municipalities – presently we receive ~$225k annually. In the
past when money has been tight this is an area that is threatened financially
3.Restoration of State grant programs – Class 2 Paving & Structures Grant. This grant program was
paused/cancelled this year due to State revenue shortfalls. We had been expecting $350k to
offset the repaving of Dorset Street as well as our Kimball Avenue Culvert Replacement Project.
4.Who qualifies as ‘front line/essential’ employees when it comes to vaccinations (thinking
specifically wastewater here)
5.A lot of relief money has been made available to the private sector and their employees, but
nothing for public front line employees. If/when that discussion occurs Wastewater employees
should be considered as part of this group.
OTHER/MISC.
1.Chittenden County Public Safety Authority – funding for capital needs. The CCPSA is a union
municipal district comprised of the Cities of South Burlington, Winooski and Burlington and the
Towns of Colchester, Milton and Williston. The mission of the CCPSA is to consolidate the
current, individual dispatch services managed by member communities into one, consolidated
dispatch service. Consolidation will lead to more timely and efficient crisis response as well as
create redundancy in the current dispatch model where understaffing at certain times of the
day can lead to delayed response. The threat of Covid-19 in the dispatch workplace creates a
significant vulnerability in response capability of each of the communities. The capital cost of
consolidating dispatch services is projected to be $2.1 million. The technology component of
that total capital cost is $750,000. The CCPSA is asking the State for funding of the technology
component.
2.State ownership and regional governance of Burlington International Airport. State ownership
will bring long term financial stability to the most important airport in Vermont and a regional
governance structure will ensure that the voices of communities affected by the externalities
created by airport operations are heard.
3.Education spending – the recent announcement that education property taxes may increase by
as much as 9% in the coming fiscal year will crowd out taxpayer ability to support municipal
budgets. Holding municipal budgets below inflationary cost increases over years is eroding the
ability of communities like South Burlington to provide critically needed services to residents.
The State must hold the line on education property taxes at zero or at very little growth or
important municipal services will need to be cut or eliminated. This is happening at a time when
enrollment in schools continues to decline. This dynamic is unsustainable.
19 Gregory Drive, South Burlington, Vermont 05403 | 802-846-4111
www.southburlingtonpolice.org
TO: Kevin Dorn, City Manager
FROM: Shawn P. Burke, Chief of Police
DATE: September 18th, 2020
RE: Crisis Incidents – Emergency Examination Process
A growing area of concern for both citizens and police departments involve the increasing rate at which
law enforcement respond to mental health crisis incidents. Crisis incidents encompass a number of
typical police incident types and influence numerous others. Crisis incidents do not always involve a
formal mental health diagnosis but often one is afoot, and many of these incidents are heavily substance
induced. The graphic below illustrates our responses 2016-2019:
The advent of the Community Outreach Team has been tremendously helpful in terms of better serving
those facing crisis situations. What does persist is a population in crisis who do not respond to the
community-based resources available. We often see these citizens spin dangerously out of control to
the point where we seek an Emergency Examination as defined in Title 18 of Vermont Statue.
We have recently met with the University of Vermont Medical Center team to better understand the
emergency examination process and its inherent deficiencies. Through this meeting and a subsequent
meeting with the Vermont Department of Mental Health we have identified a few areas of concern as it
relates to the emergency examination process:
19 Gregory Drive, South Burlington, Vermont 05403 | 802-846-4111
www.southburlingtonpolice.org
•Vermont’s interpretation of the DSM-51 does not include substance abuse disorder as a major
mental illness. As stated above many instances involve cooccurring mental health and
substance abuse disorder challenges.
•The emergency examination process requires two evaluations; the second evaluation can in no
way be informed by the first and always occurs after the patient has been stabilized in the
emergency department.
•The State of Vermont does not have a physical space for those suffering with issues that are
related to a traumatic brain injury or a developmental disorder who have eroded to a point
where they present a danger to themselves or others.
Vermont strongly supports the notation of caring for our neighbors in the community, rightfully so.
Unfortunately, there are times when people suffering in crisis are simply too dangerous to function in
the community. A situation both created and compounded in ways related to the lack of resources
available.
There is gap that lies between insufficient community-based resources and the need to hospitalize a
person. In this gap live incidents where people harm themselves, harm or threaten the safety of others,
and demand police response which all too often end in a use of force. I have included a recent
application for Emergency Examination filed in September by SBPD Officer Emily Graham, this document
illustrates the current inadequacies in a fulsome way. This is but one example of many.
During the exploration of this process our goal was to influence the Department of Mental Health to
examine and resource the gap. Our efforts with DMH were fruitless. We need to influence this issue on
a local level to better serve our community.
1 American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.).
Washington, DC: Author.