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HomeMy WebLinkAboutAgenda - City Council - 12/21/2009 south :m l Charles E. Hafter, City Manager AGENDA SOUTH BURLINGTON CITY COUNCIL CITY HALL CONFERENCE ROOM 575 DORSET STREET SOUTH BURLINGTON, VERMONT REGULAR MEETING 7:00 P.M. MONDAY, December 21, 2009 1) Comments and Questions from the public (not related to the Agenda). 2) Announcements and City Manager's Report. * 3) Continuation of public hearing from December 7, 2009 on proposed amendments to the Land Development Regulations, second reading of same * 4) Review of proposed language for ballot items and proposed charter amendments for March, 2010 ballot; Set public hearing dates for charter change hearings. * 5) Consideration for Loan Agreements with the Vermont Municipal Bond Bank for the Stromwater System improvements- Quarry Ridge $74,000 (AR1-014); Twin Oaks $213,316 (AR1-070); Ridgewood/Indian Creek $198,281 (AR1-071); Winding Brook $90,310.70 (AR1-072); Harbor Heights $104,000 (AR1-073) * 6) Consideration of appointment of city representatives to condominium Executive Board. 7) Discussion of City Manager selection process; Update from Chair Boucher on citizen interest in serving on the selection committee. * 8) Acceptance of resignation of Sandra Lindberg from Board of the Community Library. * 9) Review and approve minutes from special & regular City Council meeting held on Dec. 3 & 7th, 2009. 10) Sign disbursement orders. 11) Adjourn Respectfully Submitted: Charles Haft r, City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Page 1 of 2 Mark Boucher From: Charles Hafter[chaffer@sburl.com] Sent: Mon 12/21/2009 9:27 AM To: Mark Boucher; Bill Cc: Sandy Dooley; Meaghan Emery; James Knapp; Frank Murray; Paul Conner;jadinklage@myfairpoint.net Subject: RE: Airport DRB vote Attachments: Mark: Regarding the communication from DRB member Bill Stuono, Steve Stitzel does not believe that communications from a DRB member to City Council on the reasons for a particular vote violates any legal or ethical provisions. The DRB member is under no obligations to explain his/her vote to the Council, but may do so. Two conditions are that the member should copy the Chair of the DRB so that the chair is aware of the communications. (Other members of the DRB may be copied as well.) And,Councilors should not respond to the e-mail other than to acknowledge that they received it. Hope this answers your questions. Chuck Rafter City Manager At 09:50 AM 12/19/2009, Mark Boucher wrote: Bill, I appreciate your point of view. You don't need to justify any of your votes to the Council. However, I am uncertain whether this is an appropriate dialogue for member of the DRB to be having with the City Council. As a quasi judicial board, the DRB's decisions are subject to appeal directly to the Environmental Court. The City Council should not get involved in individual decisions. Personally, I don't think that the Council should even be involved in an individual's thought process behind these decisions. I am very concerned about maintaining the proper relationship between the DRB and the Council. This relationship is subject to judicial review. From a process standpoint, if you feel there is a hole in the current zoning (I think is what you're explaining below), you should raise this issue with planning &zoning staff. At that point staff will take the concern to the Planning Commission (or directly to the Council) to assess the issue. The Council should discuss communication between DRB members and Council in open session. Perhaps Chuck can have a discussion with Steve Stitzel in advance of Monday's meeting. I have also copied DRB Chair Dinklage and Paul Conner in this email. Bill, with all this said, I could be all wet. But I'd like the City's attorney to tell me that. Lastly, I have spoken with Chuck whose feelings are similar to mine. Regards, Mark L Boucher 20 Knoll Circle South Burlington, VT 05403 From: Bill [ rrailto:wstuonoguvr ,edu] Sent: Fri 12/18/2009 1:19 PM To: Mark Boucher; Sandy Dooley; Meaghan Emery; James Knapp; Frank Murray; Chuck Hafter https://mail2.sburl.com/exchange/mboucher/Inbox/RE:%20Airport%20DRB%20vote-3.E... 12/21/2009 Page 2 of 2 Subject: Airport DRB vote Dear Councilors (and Chuck), Today the Free Press reported on the DRB approval for the Airport parking garage expansion. It mentioned that I was the lone dissenting vote, but did not offer my reasons. I wanted to briefly clarify this to you. Overall, I support the garage expansion. It was my concern that as submitted South Burlington may end up with a half-completed project. The airport testified that they likely will only be seeking funding from the Burlington voters for Phase 1 of this project, with no real timeline for phase 2. They provided no images of how this garage expansion will look with only half of it completed. Ray Belair testified that once a project is approved and a permit issued, there is an unlimited time frame allowed for completion. With financial issues facing Burlington, and airport ridership down, my fear is that only half of this project may be built in the foreseeable future. The DRB received no images of just how this will appear. Procedurally, in my opinion the airport should propose to finance the entire project at this time, or else have applied for approval on only Phase 1. Or, at the very least, provide the City with images of how the garage will look and function with only Phase 1 completed. Thanks. Have good weekend everyone. Bill Stuono No virus found in this incoming message. Checked by AVG -www.avg.corn Version: 9.0.717/Virus Database: 270.14.116/2579- Release Date: 12/21/09 02:36:00 https://mail2.sburl.com/exchange/mboucher/Inbox/RE:%20Airport%20DRB%20vote-3.E... 12/21/2009 001 southburfintlfon , PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Land Development Regulation Public Hearing (continued) DATE: December 21, 2009 City Council meeting At the last meeting, the Council opened its formal public hearing on the draft amendments to the Land Development Regulations. At that meeting, I highlighted one minor correction, regarding the calculation of affordable housing units. The math error has been fixed! Also last meeting, I relayed that our attorneys had requested the hearing be continued so that they could complete their review of a couple of other sections. Those proposed clarifications are included in the enclosed draft and described below. Following the closure of the public hearing, I recommend approval of the full set of amendments, including the clarified items discussed herein. Our attorneys have indicated to me that none of these changes rise to the level of"substantial," (which would require a newly-warned hearing by the City Council). 1. HOMES IN THE SEQ-NATURAL RESOURCE PROTECTION DISTRICT The amendment approved by the Planning Commission would clarify that a property in the SEQ-NRP district that is less than 15 acres in size (and which has not been subdivided since 1992) may have one house built upon it. This has been our interpretation of the regulations since their adoption back in 2006, but the language could be far clearer. It also states that an existing house in the SEQ-NRP may be replaced, either on the same footprint or in a less-intrusive area on the property. This is not at all clear under the current regulations. Our attorneys have requested further clarifications, which include: (1) Providing a more clear reference to the applicable section from the prior section. (2) Matching the word usage for homes on properties of less than 15 acres with the word existing word usage for homes on properties of more than 15 acres. 1 The revised language now reads: 9.12 SEQ-NRP;Supplemental Regulations A. Any lot that lies substantially or entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and any portion of such lot located within the SEQ-NRP sub-district shall not be developed with a residence, or (2) (3) Such lot may be developed with uses other than residences,as listed in Table C-1, subject to the Development Review Board's approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more a single family detached homes,subject to conditional use review. house. (1) Where the lot is less than fifteen(15)acres in contiguous area,the Development Review Board may allow one single family home only if: district and another SEQ sub distric' and: La)the portion of the lot in any other(non-NRP)SEQ sub-district is insufficient to accommodate the construction and use of a single family house in compliance with these Regulations,and (b) the Development Review Board finds that the location of structures,yards,and access drives will the site plan does not compromise the aey conservation objectives values articulated in the Comprehensive Plan,and, (c)no structures,yards,or access drives are within a designated primary natural community or its related buffer. (2) Where the lot is fifteen(15)acres or more in contiguous area,the Development Review Board may allow a subdivision of no more than three lots, pursuant to an approved conservation plan that maximizes resource values(s). Such lots shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall abut one another and shall have no portion within a designated primary natural • community or its related buffer.The dwelling units shall be detached single family houses. Such subdivision plan shall be subject to the Development Review Board's approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. 2 D. An existing single family home on a lot that lies substantially or entirely within a SEQ-NRP sub- district may be removed and replaced,provided that: (1)the footprint of the principal structure remains the same or is reduced,or (2)The Development Review Board,through a conditional use review,finds that the location of structures,yards,and access drives will not compromise the conservation objectives articulated in the Comprehensive Plan,and,that no structures,yards,or access drives are within a designated primary natural community or its related buffer. 2. LOCATION OF PARKING ON A PARCEL The amendment approved by the Planning Commission was made in light of the Supreme Court's decision on JAM Golf last year, which struck certain elements of our old regulations due to a lack of "specific standards." This amendment gives the DRB more specific standards to apply in determining when an exception can be made to the requirement that parking be placed to the side or rear of buildings. Furthermore, it limits the amount of parking that can be placed to the sides of a building where there are multiple buildings on a lot, to implement the City's goal of fostering greater pedestrian activity and having buildings, not parking, be the primary activity along roads. After reviewing the language approved by the Planning Commission, our attorneys have recommended a more clear approach. This approach clearly states, for the DRB and the applicant, that parking is prohibited in front of buildings, except under certain specific circumstances. While the prior draft language carried the same exact intent, our attorneys carefully parsed out the language and discovered that some of the language could be interpreted in multiple ways. Staff has discussed the revised approach with the Planning Commission, and they concur that it carries the same intent and is more defensible. Below is the revised language: Section 2.02 Specific Definitions: Building width.The average length of a building measured along the side most closely parallel to its adjacent public street(s). Section 5.08 Supplemental Standards for All Commercial Districts C. Parking,Access,and Internal Circulation Section 14.06 General Review Standards C. Relationship of Proposed Structures to the Site 3 (2) (a) Parking shall be located to the rear or sides of buildings. (b)The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met.The Board shall approve only the minimum necessary to overcome the conditions below. 1. The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; 2. The parking area will serve a single or two-family home; 3. The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building,to be located adjacent to the public street; 4. The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s);or, 5. The principal use of the lot is for public recreation. 1G1 (c)Where more than one building exists or is proposed on a lot,the total width of al parking areas _prod ` both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b)shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public to the public street. (d)The DRB shall require that the majority of theparking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges,the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. Section 15.02 Authority and Required Review A.Authority (3)In conjunction with PUD review,the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. However,with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five(5)feet from any property boundary. In no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development,or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. In no case shall the DRB permit the location of parking not in compliance with Section 14.06(C)(2). 4 3. MINOR LOT LINE ADJUSTMENTS The purpose of this amendment is to relieve the Development Review Board from having to review small-scale projects such as these. The amendment would give the authority to the city's Zoning Administrator to approve minor adjustments of lot lines, and also allows this person to refer it to the DRB if need be. Our attorneys have recommended one small change, to add a few words to the definition of such an activity. The revised language reads as follows: 2.02 Specific Definitions Subdivision. (C) Division of land such as for minor realignment of property boundary lines of pre-existing lots,for municipal purposes which conform to the Comprehensive Plan (such as road widening,easements,sidewalks, parks, etc.), or enlargement alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision,but is known as a minor lot line adjustment.provided that no new lots than before the adjustment. 15.19 Minor Lot Line Adjustments A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a result of theproposed lot line adjustment.The survey shall be sufficient to clearly indicate the area,metes,bounds,and ties of each of the affected lots.The survey shall include all structures and site improvements and delineate all building/structure setbacks, lot coverage,parking spaces and any other details as may be specified by the Administrative Officer. B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met: (1) No new lots are created through the adjustment; (2) The sale or exchange of parcels of land is between adjacent property owners; (3) The relocation of the lot-line does not result in the creation of a non-conforming lot, structure or use;and (4) The proposed change does not violate any conditions imposed from prior municipal approvals. C. Where,there is uncertainty as to whether an application comprises a minor lot line adjustment,the Administrative Officer may refer the application to the Development Review Board for review as a subdivision of land. 5 11 4,111 5 4 „.44 south . a PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Draft Land Development Regulations Approved by Planning Commission DATE: November 2, 2009 City Council meeting _ r The Planning Commission voted on September 29`11 to approve a series of amendments to the Land Development Regulations and forward them to the City Council for consideration. The amendments consist of a number of disparate items that had been collected over the course of the past year. The vote by the planning commission to approve the amendments was unanimous on all items. Below is a brief description of each of the proposed amendments. The letters correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. I recommend the City Council proceed by holding a Public Hearing to consider the adoption of these amendments. A. Bartlett Bay Stormwater Overlay District Boundary This amendment to the Overlay District Map would adjust the Bartlett Bay Stormwater Overlay District to better reflect the actual hydrology and topography of the area. Last fall, we enacted a series of changes to our Stormwater Management regulations, encouraging Low Impact Development Techniques and requiring greater analysis of current and anticipated water flow. The map amendment would complement these changes. B. Design Review Overlay District Boundaries This amendment to the Overlay District Map would resolve an inconsistency between the underlying "Central" zoning districts and the design review overlays. Over the years, the City has made a series of amendments to the Central District map, but we have not matched those amendments with adjustments to the Design Overlay. The result is that several parcels zoned "Central" are not subject to Design.Review. These map amendments would ensure that all areas zoned "central" would also be subject to design review criteria that were established for each of the central districts. The proposed 1 amendments also include an exemption for all properties less than 15,000 square feet in size, and for municipally operated educational facilities. These exemptions would allow single family home owners, and the School District, to make additions/renovations without being subject to design review. However, if and when redevelopment takes place in the area, new projects would be subject to this review. Homes in the SEQ-Natural Resource Protection `./ This amendment would clarify that a property in the SEQ-NRP district that is less than 15 acres in size (and which has not been subdivided since 1992) may have one hous6 built upon it. This has been our interpretation of the regulations since their adoption back in 2006, but the language could be far clearer. It also states that an existing house in the SEQ-NRP may be replaced, either on the same footprint or in a less-intrusive area on the property. This is not at all clear under the current regulations. 4)' Location of Parking on a parcel In light of the Supreme Court's decision on JAM Golf last year, which struck certain elements of our old regulations due to a lack of"specific standards", we've been going through the LDRs to identify similar problems. This proposed amendment gives the DRB more specific standards to apply in determining when an exception can be made to the requirement that parking be placed to the side or rear of buildings. Furthermore, it limits the amount of parking that can be placed to the sides of a building where there are multiple buildings on a lot, to implement the City's goal of fostering greater pedestrian activity and having buildings, not parking, be the primary activity along roads. E. Parking Standards for Assisted Living This amendment would create a separate parking standard for "Assisted Living" Facility. The term is clearly and separately defined in the Definitions chapter of the LDRs, but under the parking standards chapter, it is coupled together with "Congregate Housing." The principal difference between these uses is the fact that Assisted Living Facilities receive licensure from the State of Vermont as care facilities. Typically, residents in these types of facilities do not have vehicles of their own. Based upon research from the Institute of Traffic Engineers "Parking Generation" manual, and a survey completed of an Assisted Living Facility in Shelburne, a parking standard of 0.6 parking spaces per dwelling unit of Assisted Living, rather than the 1.2 spaces per unit plus 1 space for every 4 units that is used for Congregate Housing is recommended. The end result of this change will be to ensure that we do not require areas to be created for parking. F. New use: Pet Grooming The amendment would create a new use that recognizes that pet grooming is a separate use from pet day cares and kennels. Pet grooming has no medium or long-term accommodations and no outdoor exercise areas. The use would be permitted where other service-type uses, such as barber shops, are permitted. G. Outdoor Exercise Areas for Animals This amendment would attach standards for the design and operation of outdoor exercise areas for commercial pet day cares and kennels, establishing hours of use for the exercise areas as well as screening requirements. 2 H. Gated driveways and roads This amendment would ensure that no driveways serving more than one dwelling unit, or public/private roads be gated. We have not had much trouble with this in the past, but in the interest of public safety and overall community benefit, this would be a positive pre-emptive step to make sure we do not have issues in the future. I. Outdoor Storage and Display This amendment would clarify the difference between outdoor storage and outdoor display, with accompanying definitions. �X 1 , J. Accessory Structures This amendment would permit accessory structure of up to 25' in height where the structure is located at least 30' from all property lines, he structure has a pitched roof, and the subject property is at least one (1) acre in size. Where the accessory structure is proposed to be taller than the principal structure, it would be subject to conditional use review. It would also allow accessory structures to be heated, an unenforceable prohibition under the current regulations. The purpose of this amendment is to allow for some greater flexibility for property owners in limited circumstances. K. Structures in the Residential 4 District This amendment would clarify that no structure in the R4 district may contain more than 4 dwelling units. At present, there are no limitations on the number of housing units in a structure in this district, only a maximum number of units per acre (4, plus any affordability bonus). I expect we will be looking at the standards for this district as a whole in greater depth in the near future, but this is a minor amendment that is worth pursuing in the short term. L. Exterior Lighting The proposed amendment clarifies that energy efficient lighting is permitted and encouraged. M. Self-Storage in the Commercial-Industrial District This amendment would permit self storage facilities in the CI district, but ONLY as an accessory use and not occupying more than 20% of the gross floor area of the principal use. In addition, the self storage units would need to be accessed via an internal entrance and would only be accessible during business hours with an employee on site. N. Child Care Facilities This amendment would require child care homes serving more than six full-time students to be subject to site plan review. Last fall, when we amended the LDRs with respect to child care homes and facilities, the PC had towards the end of the process decided that it would be preferable to have child care homes be subject to site plan review. The Council adopted the amendments without this change, but asked that the change be re-submitted. 3 O. Minor Lot Line Adjustments This amendment would allow adjustments to parcel boundaries to be approved administratively, so long as there are no new lots created, no non-conformities are created, and prior municipal approvals are not violated. At present, all lot line adjustments must be reviewed by the Development Review Board. P. Additional Technical Corrections • May Not versus Shall Not: Staff has reviewed the LDRs and identified all of the places where the word "may not" is used when it really was intended to be "shall not." For example, "Dead end streets may shall not exceed 200 feet in length." By making these fixes, we "may" avoid unnecessary legal problems in the future. (note: in some cases, the language is part of a `regulating plan' which is recommendation rather than a requirement. However, changing "may not" to "shall not" remains an important clarification. • Outdoor Storage vs. Outside Storage. At present, our regulations refer to both outdoor and outside storage. Staff proposes the LDRs be clarified by only using the term "outdoor storage," which is defined. • Free-Standing Signs. The amendment removes the requirement that free-standing sign locations be shown on site plans. This change is at the request of our attorneys, who have advised us to keep this separate because signs are subject to a completely separate city ordinance. • Affordable Housing: The amendment clarifies unclear language regarding the number of units that need to be affordable where there is an uneven number of units proposed. • Off-Street Parking: The amendment clarifies that the DRB may apply a 25% parking waiver to both public and private parking facilities. • Retaining Walls. The amendment classifies retaining walls as separate from other `accessory structures.' As accessory structures, they could not be placed in the front yard and were limited in number. Retaining walls over 8' in height would require an engineer's evaluation. • Animal hospital /veterinary hospital. This amendment clarifies the terms used in the regulations. 4 AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS SOUTH BURLINGTON CITY COUNCIL, DECEMBER 21, 2009 The South Burlington City Council hereby ordains: Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in 3. Plain and plain underlined is existing and will remain. 4. Descriptive text explaining tables and maps are in ALL CAPS A. BARTLETT BROOK STORMWATER OVERLAY DISTRICT BOUNDARY • Adjust Bartlett Bay Watershed Overlay District boundary to more accurately depict the actual watershed area per the attached map. • See Attached Map B. DESIGN REVIEW OVERLAY DISTRICT BOUNDARIES • Extend Design Overlay District 1 to include Central School property, excluding municipal educational facilities. • Establish Design Overlay District 2 on Mary Street properties that are within the CD district. • Extend Design Overlay District 3 on Market Street east to Hinesburg Road and north to include properties in CD district 2. • Extend Design Overlay District 3 on Dorset Street to include one missing property that is in the Central District. • See Attached Map 11.01 City Center Design Review Overlay District CCDR D. Activities Subject to Design Review. (3) Any construction or alternation of municipal education facilities in Design Review Overlay District 1 shall not be subject to design review. (4) Any construction or alternation of one or two family homes on parcels of 15,000 square feet or less in Design Overlay Districts 2 and 3 shall not be subject to design review. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Land Development Regulations Approved by the City Council 12/21/2009 C. HOMES IN THE SEQ-NATURAL RESOURCE PROTECTION DISTRICT 9.12 SEQ-NRP; Supplemental Regulations A. Any lot that lies substantially or entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and any portion of such lot located within the SEQ-NRP sub-district shall not be developed with a residence, or (2) sidcncc or residences pursuant to a below. (3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the Development Review Board's approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b)Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more a single family detached homes, subject to conditional use review. house. (1) Where the lot is less than fifteen (15) acres in contiguous area, the Development Review Board may allow one single family home only if: _T_he 1 t is sub stantiall tl ' CE/l NRP b d e tL SEQ +--- --- -- �-.����++-+�++J ••�..++++.. .n v+..r� K1J Ll lam.{. lAl1K Cl1lV llll,l JL� alb district, and: (a) the portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate the construction and use of a single family house in compliance with these Regulations, and (b) the Development Review Board finds that the location of structures, yards, and access drives will the site plan does not compromise the any conservation objectives values articulated in the Comprehensive Plan,and, 2 Land Development Regulations Approved by the City Council 12/21/2009 (c) no structures,_yards, or access drives are within a designated primary natural community or its related buffer. D. An existing single family home on a lot that lies substantially or entirely within a SEQ-NRP sub-district may be removed and replaced, provided that: (1) the footprint of the principal structure remains the same or is reduced, or (2) The Development Review Board, through a conditional use review, finds that the location of structures, yards, and access drives will not compromise the conservation objectives articulated in the Comprehensive Plan, and, that no structures, yards, or access drives are within a designated primary natural community or its related buffer. D. LOCATION OF PARKING ON A PARCEL Section 2.02 Specific Definitions: Building width. The average length of a building measured along the side most closely parallel to its adjacent public street(s). Section 5.08 Supplemental Standards for All Commercial Districts C. Parking, Access, and Internal Circulation , Section 14.06 General Review Standards C. Relationship of Proposed Structures to the Site (2) (a) Parking shall be located to the rear or sides of buildings. to the greatest extent practicable. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. 1. The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; 2. The parking area will serve a single or two-family home; 3 Land Development Regulations Approved by the City Council 12/21/2009 3. The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street., 4. The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, 5. The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas proposed in a location on a lot that is both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.O6(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any otherparking areas shall not be considered adjacent to the public to the public street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. Section 15.02 Authority and Required Review A. Authority (3) In conjunction with PUD review, the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary. In no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. In no case shall the DRB permit the location of parking not in compliance with Section 14.06 (C) (2). 4 Land Development Regulations Approved by the City Council 12/21/2009 E. PARKING STANDARDS FOR ASSISTED LIVING Table 13-1 - Parking • Assisted Living: 0.6 per du. F. NEW USE: PET GROOMING 2.02 Specific Definitions Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor exercise facilities. Table 13-1 - Parking • Pet Grooming: 4 per 1,000 GFA Table C-1 Table of Uses • Pet Grooming. P where personal services are permitted. G. OUTDOOR EXERCISE AREAS FOR ANIMALS 13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals A. Specific Standards: (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty- five (65) feet from the residential or residentially-zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. 5 • Land Development Regulations Approved by the City Council 12/21/2009 H. GATES DRIVEWAYS AND ROADS 15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial, collector and local streets through adjoining properties that are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and construction or extension, presently or when later required, of needed utilities and public services such as recreation paths, sewers, water and drainage facilities. Where, in the opinion of the Development Review Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. In no case shall gates of any kind be permitted across public or private roads, or driveways serving more than one dwelling unit. I. OUTDOOR STORAGE AND DISPLAY Section 13.05 Outside Outdoor Storage and Display A. Outdoor Storage General Requirements. Outside Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outside outdoor storage and/or display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. (2) The Development Review Board may require that outside outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially- zoned parcels. (3) Outside display of equipment is prohibited where such equipment is fitted wt}1 a� lift l 1 tl, t tl t l 1 t ,-1 .7 l 1, .---- ---"--, -'-'-, ---- .., � ...�..., r..waw «.a..., a.a..0 vim. a..ia..ru�l.,u uaiu YY 11c1G JLILZI masts, bridges, or canopies. B. Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: 6 Land Development Regulations Approved by the City Council 12/21/2009 (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. (2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets, or other parts that can be elevated and where such parts are displayed in an elevated manner. This does not include boats with masts, bridges, or canopies. J. ACCESSORY STRUCTURES 3.10 Accessory Structures and Uses (10) Accessory structures shall not exceed fifteen (15) feet in height, except that: a. For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, b. For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty (30) feet from all property lines, the structure has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and, c. Accessory structures exceeding the height of the principal structure on the property shall require approval by the Development Review Board as a conditional use, pursuant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly secondary to the principal structure in function and in appearance from the public right-of-way. (11) No accessory structure shall be constructed with a cellar or below-grade story, and no heating shall be installed in any part of such accessory structure unless the accessory structure is a duly approved location of a home occupation, agricultural use, or accessory residential unit. 7 Land Development Regulations Approved by the City Council 12/21/2009 K. STRUCTURES IN THE RESIDENTIAL 4 DISTRICT Section 4.03 Residential 4 District — R4 F. Additional Standards. Mutli-family dwellings shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four (4) dwelling units per structure. L. EXTERIOR LIGHTING Section 13.07 Exterior Lighting A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. M. SELF STORAGE IN THE MIXED INDUSTRIAL-COMMERCIAL DISTRICT Section 13.22 Self Storage in the Mixed Commercial-Industrial (CI) District A. General Requirements. In the Commercial-Industrial District, the Development Review Board may grant site plan approval for a self-storage facility, according to the following regulations. B. Specific Standards: (1) The facility shall be clearly secondary to a permitted principal use in this district (2) The facility shall not occupy more than 20% of the gross floor area of the principal use (3) The facility shall only be accessible through an interior entrance (4) Access to storage units shall only be available during business hours, with an employee on site. 8 Land Development Regulations Approved by the City Council 12/21/2009 N. CHILD CARE FACILITIES 14.03 Uses and Actions Subject to Site Plan Approval *** B. Excluded from site plan review *** 11.Licensed and registered family child care homes. O. MINOR LOT LINE ADJUSTMENTS 2.02 Specific Definitions Subdivision. (C)Division of land such as for minor realignment of property boundary lines of pre- existing lots, for municipal purposes which conform to the Comprehensive Plan (such as road widening, easements, sidewalks, parks, etc.), or enlargement alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line adjustment. provided that no new developable lots result or no lot in existence prior to the adjustment is so enlarged by thc adjustment that it is therefore capable of subdivision into more lots than bcforc thc adjustment. 15.19 Minor Lot Line Adjustments A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a result of the proposed lot line adjustment. The survey shall be sufficient to clearly indicate the area, metes, bounds, and ties of each of the affected lots. The survey shall include all structures and site improvements and delineate all building/structure setbacks, lot coverage, parking spaces and any other details as may be specified by the Administrative Officer. B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met: (1) No new lots are created through the adjustment; 9 Land Development Regulations Approved by the City Council 12/21/2009 (2) The sale or exchange of parcels of land is between adjacent property owners; (3) The relocation of the lot-line does not result in the creation of a non- conforming lot, structure or use; and (4) The proposed change does not violate any conditions imposed from prior municipal approvals. C. Where, there is uncertainty as to whether an application comprises a minor lot line adjustment, the Administrative Officer may refer the application to the Development Review Board for review as a subdivision of land. P. ADDITIONAL TECHNICAL CORRECTIONS 2.02 Specific Definitions Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall be located on the same lot. An accessory use may shall not be accessory to another accessory use. Animals/pets (each definition below is distinct): Animal shelter. A place where animals are provided with short-term shelter typically operated by a humane society or other non-profit organization. Such establishment may have either or both of an educational component or a residence, occupied by a household with at least one person employed full or part time in a caretaking capacity for the facility, as an accessory use or additional principal permitted use on the site. May or may not include associated outdoor exercise facilities. Commercial kennel. A lot, premises, use, or structure intended and used for the breeding, training, sale, and overnight boarding of well dogs, cats, or other small domestic animals belonging to a person or persons other than the owner of the lot, but not including a veterinary hospital clinic. May or may not include associated outdoor exercise facilities. Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their home by the business owner during normal business hours, with no overnight boarding, training, sale, or breeding of pets. May or may not include associated outdoor exercise facilities. 10 Land Development Regulations Approved by the City Council 12/21/2009 Private kennel. An accessory structure used for the outdoor accommodation of small domestic animals and not operated on a commercial basis. Veterinary hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care for a certain period of time. May or may not include associated outdoor exercise facilities. Animal hospital. A place where animals arc given medical care and the boarding of animals is limited to short term care for a certain period of time. Scc Also known as a veterinary hospital. Such hospitals may be associated with animal boarding facilities, animal breeding facilities, and/or laboratories. ; of primarily for the overnight boarding or grooming of well animals; not permitting outdoor cages, pens, or runs for the Commercial kcnncl/pct day care. A place where dogs or domesticated animals arc boarded, groomed, bred, trained or sold. Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses and loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but may shall not include bus maintenance facilities. Bus terminals may also include hubs where three or more routes converge and allow the transfer of passengers between routes. Outdoor display. An outdoor arrangement of products for sale, together with accompanying display structure, typically not in a fixed position and capable of . rearrangement, and typically with products brought indoors when the business is closed. 3.08 Temporary Structures and Uses D. Temporary Outside Outdoor Storage. Temporary outside outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outside outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. 3.09 Multiple Structures and Uses B. Multiple Uses in a Structure and Umbrella Approval. 11 Land Development Regulations Approved by the City Council 12/21/2009 (1) The Development Review Board may approve two or more separate uses, one or more of which is a conditional use in the underlying zoning district, in a principal building or structure as a conditional use if it determines that: (b) Such uses can suitably share common facilities, such as parking and outside outdoor storage areas, within the requirements of these regulations for any lot. Section 3.11 Non-Conforming Uses and Non-Complying Structures and Lots D. Alterations to Non-Complying Structures. (3) In the CD1, CD2, CD3, and CD4 zones, the aggregate cost of such alteration shall not exceed thirty-five percent (35%) of the current assessed value of the structure being altered. Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, a non-complying building or structure may shall not be altered by increasing the height or increasing the footprint, or otherwise increasing the square footage of the building or structure. The Development Review Board may approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of the current assessed value of the structure being altered and/or which involves an increase in the height or the footprint, or otherwise an increase in the square footage of the building or structure, provided all of the following criteria are met: 8.03 Prohibited Uses - All Districts (7) outside Outdoor storage in connection with any permitted use, except dumpsters which must be reviewed for adequate screening during the development approval process. (10) Commercial kennels, and veterinary animal hospitals, and pet day care 9.08 SEQ-NRT and SEQ-NR Sub-Districts; Specific Standards A. Street, block and lot pattern. (2) Interconnection of Streets (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets nifty shall not exceed 200 feet in length. 9.09 SEQ-VR Sub-District; Specific Standards A. Street, Block and Lot Pattern (2) Interconnection of Streets 12 Land Development Regulations Approved by the City Council 12/21/2009 (b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may shall not exceed 200 feet in length. 9.10 SEQ-VC Sub-District; Specific Regulations A. Street, block and lot pattern. (2) Interconnection of Streets (b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets may shall not exceed 200 feet in length. 10.03 Scenic View Protection Overlay District I. Alteration and Expansion. (1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the requirements of this Section 10.03 may shall not: (a) be expanded or altered in any way which increases its degree or extent of non-compliance, except in strict conformance with the requirements set forth in this Section 10.03(J) herein. Section 13.01 Off Street Parking and Loading N. Exemptions, Waivers, and Modifications of Requirements (2) Waivers. Where the Development Review Board determines that a proposed land use or structure is adequately served by existing or proposed pulalie parking facilities, the Development Review Board may waive the off-street parking space requirements stipulated in Tables 13-1 through 13-6, by no more than twenty-five percent (25%). Table 13-1 - Parking o Animal shelter, commercial kennel, veterinary hospital or deg pet day care 1 per employee plus 0.5 per 1,000 SF GFA • Animal shelter 1 per employee plus 0.5 per 1,000 SF GFA 13.08 Specific Requirements for Nighttime Illumination of Governmental Flags. A. The City encourages those who fly the Flag of the United States to observe the custom prescribed in the United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are to be flown at night and are to be illuminated, the regulations in this Section apply. (2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags may shall not be flown on a pole with an illuminated governmental 13 Land Development Regulations Approved by the City Council 12/21/2009 flag. No more than three (3) governmental flags may be flown on the same pole. Section 13.14 Affordable Housing (Below Market Rate Housing) C. Density Increase (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rate units shall be at least half fifty percent (50%) and no more of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review. Section 13.24 Retaining Walls A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall. B. Specific Requirements. All retaining walls shall be subject to the following requirements: (1) All retaining walls shall require a zoning permit from the Administrative Officer. (2) A retaining wall shall be erected within the boundaries of the applicant's property and shall be set back at least five (5) feet from all property boundaries. (3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining walls near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the right-of-way lines at points which are thirty (30) feet distant from the intersection of the right-of-way lines and measured along such lines. (4) A retaining wall over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by a certified engineer that the retaining wall is structurally sound to serve its intended purpose. (5) Retaining walls shall be maintained in a safe and substantial condition. 14 Land Development Regulations Approved by the City Council 12/21/2009 14.05 Application, Review, and Approval Procedure D. Application for Site Plan. Development data: (b) One set of preliminary plans, elevations, floor plans, and sections of proposed structures showing the proposed location, use, design and height of all structures, roads, parking areas, access points, sidewalks and other walkways, loading docks, outside outdoor storage areas, sewage disposal areas, landscaping, screening, site grading, and recreation areas if required. Plans shall also show any proposed division of buildings into units of separate occupancy and location of drives and access thereto. (l) The general location of any free standing signs. Adopted this day of , 2009 City Clerk Mark Boucher, Chair Sandra Dooley,Vice Chair James Knapp, Clerk Meaghan Emery, Councilor Francis Murray, Councilor 15 1 Bartlett Brook Watershed Overlay (Existing and Revised) _r----:_•-- ,...„,, 4 __ __ , ,_. Ili .1 I I 11Wsbfri. • se IlIilt II .....,. z,,,,,„,„„, •„LAt!.t-,kielI,f ie,..t,4= n. .. --..Ji--- ,1i t11111lleff liEdi`I' r sanmmaarke111 41 141101 __.,.. STONEHEDGE D,' . WA ,Ici fit mr,:„,: :„ .J. ..,,,,. H., , ,_. - B C ,,,.... t_ 7 .i D ORCHA-v - mu! -:_ :, - ...;, ii ::, :7,-:,-,.. liiiiitti-:'' ‘-'-_---:: ' :- :, , :::,=,r. ,',-..:. lii MIMI IOW NII 1,,,,04....,,,,,,,..„......,,,,,„,„ a ._, _: .............„,,................,„,...,,,,„ , „,,,,, ,,,„, ..„,., ,tons,-,,. •,- — '- •'•G:',,,, ■ n r. s .,i ' a e 1, ._ - . co' '''7.11:41111itribigWialaita Ell'''''''' OL ..+ �, -, ail '` ® ,� +� . , ?«..r., ■5 to ' .. 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Burlington, VT 05403 December 7, 2009 Mr. Charles Hafter, City Manager City of South Burlington 575 Dorset St. South Burlington, VT 05403 Dear Mr. Hafter: I wish to resign from the Board of the South Burlington Library, effective immediately. My resignation does not indicate a lack of support for the Community Library, the Library Director, or the current leadership of the Board. I have accepted the Presidency of another organization and need to focus my efforts on that for the remainder of my term. I am confident that there will be some new enthusiastic people who will be able to serve the Board well. Sincerely, Sandra Lindberg cc: Louise Murphy CITY COUNCIL BUDGET WORK SESSION 3 DECEMBER 2009 The South Burlington City Council held a budget w ork session on Thursday, 3 December 2009, at 6:30 p.m., in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: C. Hafter, City Manager; D. Gravelin, Assistant City Manager; D. Kinville, City Clerk; P. Conner, Director of Planning&Zoning; Chief T. Whipple, Police Department; L. Murphy, Community Library; T. Hubbard, Recreation Department Director; S. Crosby, Water Quality Department Head; M. Young 1. Planning& Zoning Department: Mr. Conner said his budget is very similar to last year's. To keep the budget low, they reduced the printing budget and are"going more digital." There will be fewer printed copies of the Comprehensive Plans and Zoning Regulations. People will be able to get these on-line. At present, those who want a printed copy pay$25.00, which does not cover the cost. Mr. Boucher noted there have been questions about inspections of apartments for livability issues. He asked Mr. Conner whether he felt the city should look conceptually at increasing fees to cover a building inspector role. Mr. Conner replied that"building codes"would require a whole new set of regulations. It could be pursued, but it would necessitate a separate staff person. Mr. Hafter noted that homeowners are given information on what they should know/do, information they should have, etc. Mr. Knapp said if the city were to do this, it would have to be a big enough effort to work well. Mr. Hafter said the State is considering doing this but would be pushing it onto the communities. Additional "side-effects"would include increased housing costs and a tremendous liability on the part of the city. Mr. Knapp added that if the city signs off on a building or an apartment and something then goes wrong, the city becomes a defendant. Mr. Conner said he knows there has been some talk in the Council about city building needs. He indicated his willingness to participate in that discussion within the existing budget. 2. Recreation Department: Mr. Hubbard gave members an updated program analysis. He noted that the budget includes a slight cutback for Red Rocks Park and the removal of lifeguards from that location. He said the most people that were in the water on the nicest days were 12. With regard to the summer playground program, this year a fee was charged for the first time, and this went fairly well. Mr. Hubbard didn't think the number of participants warranted having 2 programs at different locations in the city. For next year, he is CITY COUNCIL BUDGET WORK SESSION 3 DECEMBER 2009 PAGE 2 recommending one program at Central School. This would reduce the staff by half The budget includes 2 capital item requests: roof repairs at the JC Park"warming hut" and storage building, and replacement of rec path signs at Dorset Park and Farrell Park. There is a grant from Lake Champlain Byways which has done all the mockups for the signage. It will cost$2000 to do the signs. Mr. Hafter noted that both of these capital requests are in the proposed budget. 3. Community Library: Ms. Murphy noted that the one increase in personnel costs is due to a reclassification of an employee to a higher classification(a$4000 jump). Mr. Hafter noted that the job classification audit done in the city showed only 2 positions that were out of line salary- wise. There is a capital budget request to replace 5 computers. Mr. Hafter asked the School to share in that cost since the computers are used by students and the School District agreed. Ms. Murphy said there is a supplemental request(not in the proposed budget)to make the Children's Librarian a full-time position. This would enable the person to provide services to pre-teen and teens. The present Children's Librarian is leaving this year, and she is at the top of the pay scale. With a new, less experienced person, they could get 6 additional hours per week for the same money as the present person. Mr. Hafter encouraged adding the 6 hours for a new hire but did not support making it a full time position this year. Ms. Dooley asked whether impact fees could be used to fund the building of a new Library. Mr. Hafter said they would have to change the designation of what those funds can be used for,but it can be done. 4. City Clerk: Ms. Kinville said the major budget increase is due to there being more elections this year. There is a capital request for $400.00 for a new table in the lobby to be used for people who vote early. Ms. Kinville noted there are now fewer property tax appeals but more abatement requests. CITY COUNCIL BUDGET WORK SESSION 3 DECEMBER 2009 PAGE 3 5. Police Department: Chief Whipple said there is an increase in the overtime budget since they always spend more than budgeted. Overtime generally runs about 10%of permanent salaries. This is the same as in Burlington and Williston. Clothing supplies are down a bit as they have switched to a less costly outfit. A question arose as to whether Public Works can handle all the snow removal needs at 19 Gregory Drive and still keep streets plowed. To address this, money was added to the budget to cover snow plowing by the person who does this for Bob Miller(the same person also does landscaping). Chief Whipple noted that there is no money in the proposed budget for police accreditation. The cost would be $8,100. The Chief felt it was a good priced"insurance policy." There are 700 standards to meet for accreditation and the process forces the department to be accountable and not let things slide. He felt it is a valuable process and has added it as a"supplemental request." The Chief noted that cars are actually$1000 cheaper this year. There was a brief discussion of patrol of the rec path. Chief Whipple said they have had almost no complaints even though there is no regular police patrol. There is occasional motorcycle patrol during the summer. 6. Water Quality Department: Mr. Crosby reported that the Airport Parkway Treatment Plant is now under construction for the proposed upgrades. A major issue will be staying in compliance during the construction. Mr. Crosbie said he was told that the major responsibility for this is with the contractor. He felt the upgrade would not result in significant budget changes until the 2011-12 budget. At the Bartlett Bay plant, replacement equipment is costing twice the original price. Mr. Crosby distributed photos of Bartlett Bay equipment. There is a need for a new computer in the Department,but this can wait until the Airport Parkway system is put in so both locations can have the same equipment. Mr. Crosby said that maintenance of pump stations is the department's biggest challenge. He will be doing a detailed plan this year. He showed photos of both the Twin Oaks and CITY CUNCIL BUDGET WORK SESSION 3 DECEMBER 2009 PAGE 4 Lane Press pump stations which will be totally replaced this year($130,000 is in the budget for this). Both are 30-40 years old. 7. Bonded Debt: Mr. Hafter reviewed the amount to come from taxes and the amount from the Rooms & Meals tax. Mr. Boucher cited the need to work toward a capital maintenance plan. S. Other Entities: Mr. Halter said he had budgeted a 2% increase,but that is subject to change when exact information is available. 9. Revenues: Mr. Hafter noted that Airport payment in lieu of taxes is up. Ms. Emery said she would like to see an accounting of what the Airport is actually paying for the houses they buy. 10. Supplemental Requests: Mr. Hafter noted a request to put back money for road paving. In addition to this there are requests totaling$55,000. Mr. Murray said he supports what staff has proposed without supplemental. Mr. Hafter said he would like to add the CCTV"clickable agendas"since its omission was a city error. Both Ms. Dooley and Ms. Emery felt the Library has been "shortchanged"over the years. Mr. Knapp felt the Firefighters should have the hoses they requested, and he asked that the $7500 be put in the budget. He recommended adding all the requests except the $130,000 for roads. Mr. Boucher said he had hoped for no tax increase except for the Police Station the voters approved. Mr. Hafter noted the supplemental would increase the tax rate by 2/10 of a cent. Ms. Emery agreed with Mr. Knapp that they shouldn't be "pinching pennies." Mr. Boucher noted that health insurance amounts to 26+% of the budget and the pension plan 22%. He felt this is not sustainable. Mr. Hafter felt he could find the$5,000 and$7500 in the budget. He argued for the CITY COUNCIL BUDGET WORK SESSION 3 DECEMBER 2009 PAGE 5 money for roads. Mr. Boucher suggested going to the voters for that. Other members agreed. Mr. Knapp felt they should look at the Library in a more comprehensive way. Mr. Hafter said he didn't feel this was the time to add any personnel. Members agreed to let the Police Accreditation lapse and to go to the voters for money for roads. As there was no further business to come before the Council, the meeting was adjourned at 9:55 p.m. Clerk CITY COUNCIL 7 DECEMBER 2009 The South Burlington City Council held a regular meeting on Monday, 7 December 2009, at 7:00 p.m.,in the Conference Room, City Hall, 575 Dorset St. Members Present: M. Boucher, Chair; S. Dooley, M. Emery, J. Knapp, F. Murray Also Present: C. Halter, City Manager; D. Gravelin, Assistant City Manager; P. Conner, Director of Planning&Zoning; B. Stuono, K. Donahue, M. Young, B. Gilbert, Lt. Col. A. T. Rice, Col. D. E. Fick, VTANG 1. Comments & Questions from the Audience, not related to Agenda Items: Mr. Donahue referred to a plan before the Development Review Board(DRB) to put 90 units in a development near Spear St. via TDRs. He said he originally thought TDRs were great and would be used to build up the core portion of the city. He didn't think the city would be"saving one area by ruining another." He asked how TDRs can be repealed. Mr. Boucher read a letter written by the City Manager to Mr. Friedholm addressing the same issue. It explained the rules under which the DRB operates. Mr. Boucher stressed that the City Council cannot discuss any development issues with the DRB. Citizens can communicate to the Planning Commission about issues without regard to any specific development. Mr. Donahue also raised an issue with the interconnecting of neighborhoods. Mr. Conner noted that both the Comprehensive Plan and the Zoning Regulations call for that inter- connection. He also explained that TDRs are to be used only in the Southeast Quadrant. Mr. Hafter said TDRs weren't applied to the City Center because zoning density there was already very high. Mr. Murray explained that even if in the future TDRs were to be repealed, the current application would be heard under the rules that exist today. Mr. Stuono asked what would happen if the City Council opposed a DRB decision. Mr. Hafter said the City would hire an attorney for the DRB, and the City Attorney would defend the city's position. 2.Announcements & City Manager's Report: Ms. Emery asked that there be a"tweak"in the budget for the Recreation Department summer playground program. She suggested a weekly fee which would allow a family to pay$5 for a week instead of having to pay$30 for the whole summer. She also suggested possibly having a discounted full summer fee. CITY COUNCIL 7 DECEMBER 2009 PAGE 2 Ms. Emery also noted that the CCTV holiday party will be on Thursday, 17 December. Ms. Dooley advised that a group of people had spent some time with Tom Hubbard at Red Rocks Park. They noticed areas in need of some maintenance. She noted that the more the park is used, the more problems there will be. Mr. Hubbard will be pursuing some funding options. Mr. Murray asked for an update on the City Manager search. Mr. Hafter advised that the ad appeared today. VLCT will start reviewing applications on 11 January. Mr. Boucher noted there are 3 requests from people to be on the search committee. Mr. Boucher said the other search is for a Public Works Director. That committee has narrowed applicants down to 3 or 4 from the 8 who were interviewed. Mr. Halter will continue the process of selection from there. Mr. Hafter: Noted the following upcoming meetings: CWD Board, 8 December, noon; Preconstruction meeting for Airport Parkway Treatment Plant, 9 December; Tilley Dr. Bike Path, 9 December; VLCT 10 December, 10:30 a.m.; 10 December, Exit 12B "creative financing,"2 p.m.; 17 December, County budget pre-hearing 3. Consideration of Items Related to Purchase of 19 Gregory Drive: A. Consideration of Approval of Declaration for 19 Gregory Drive,A Condominium B. Consideration of Approval of Fit-Up Agreement C. Consideration of$7,200,000 Bond Anticipation Note for the purchase and renovation of 19 Gregory Drive: Mr. Hailer said there are still a few issues to work through, and the attorneys are talking with each other. He asked for a special meeting to finalize the agreements. Members agreed to meet on 14 December, 5 p.m. for this purpose. Mr. Halter noted that in the Condominium document"unit 1" should read "unit 2" throughout. In addition, on p. 8 of 35, unit 1 shall have exclusive use of 60 parking spaces, and unit 2 shall have exclusive use of 93 parking spaces. Ms. Emery moved that the Council hold a special meeting on Monday, 14 December 2009, at 5 p.m. to consider items related to the purchase of 19 Gregory Drive. Mr. Knapp seconded. Motion passed unanimously. CITY COUNCIL 7 DECEMBER 2009 PAGE 3 4. 158 FW's Security Improvements-Relocation of National Guard Avenue: Lt. Col. Rice said the aim is to back the road away from fuel tanks. He noted that the City Manager feels there should be some improvements made to the intersection of Airport Parkway. The problem is the project is funded through Sen. Leahy, and is only eligible for expenditures within the project area. Mr. Murray noted that if the Guard were any other developer, they would be required to make those improvements. He suggested the Guard explain this to Sen. Leahy's office and request the funds. Col Fisk said that as a daily driver of that road, he would love to see it improved. He said their project does not add any capacity to that area and traffic flow will be the same. Mr. Murray stressed that the city is looking to the Guard to help get the road improved. Mr. Boucher added it is one of the most dangerous intersections in the State. Col. Fisk asked if the city could provide a preferred plan for the intersection that they would present that to Sen. Leahy. Lt. Col. Rice then explained what they plan to do with the road and showed which section of the road will be relocated. Mr. Boucher stated that the City intends to accept the new road provided it is built to city standards. Mr. Hailer will provide a letter to that effect. Mr. Knapp moved that the City Manager issue a letter of intent for the city to maintain the newly constructed relocation of National Guard Avenue if it is constructed in accordance with City standards. Ms. Emery seconded. Motion passed unanimously. 5. Public Hearing on Proposed Amendments to Land Development Regulations; Request to Continue Hearing to Next Meeting: Mr. Murray moved to open the public hearing. Mr. Knapp seconded. Motion passed unanimously. Mr. Conner said the Planning Commission held a public hearing on 29 September and voted unanimously on what is before the Council. There is, however, a request from the City Attorney to continue this to a future date to "tweak" some things. Mr. Conner noted there was some public feedback regarding the formula by which density bonuses are calculated. It should read"divided by 2"not"divided by half." CITY COUNCIL 7 DECEMBER 2009 PAGE 4 Mr. Murray moved to continue the Public Hearing on Proposed Amendments to Land Development Regulations until 21 December 2009. Ms. Dooley seconded. Motion passed unanimously. 6.Discussion of draft ballot item permitting use of existing open space levy for stewardship expenses: Mr. Halter read the proposed item and said it was the result of the LANDS presentation on November 16, 2009. Mr. Conner noted that the Natural Resources Committee is very supportive of the ballot item. Members agreed to put it on the March ballot. Mr. Halter will get final wording from the City Attorney. 7. Consideration for Capital Equipment Refunding Notes for the Department of Public Works: Mr. Halter noted the notes are at 2.4%. Mr. Murray moved to approve the Capital Equipment Refunding Notes and accompanying documents for the Department of Public Works as presented. Ms. Emery seconded. Motion passed unanimously. 8. Review and Approve Minutes of 16 November and 23 November 2009: In the Minutes of 16 November, Ms. Emery noted that with the regard to Greyhound relocating its terminal to the Airport, she wants to hear all the facts before saying"no." Ms. Emery moved to approve the Minutes of 16 November as amended. Mr. Knapp seconded. Motion passed 4-0 with Mr. Murray abstaining. Ms. Emery moved to approve the Minutes of 23 November as written. Mr. Murray seconded. Motion passed unanimously. 9. Sign Disbursement Orders: Disbursement Orders were signed. 10. Executive Session: Ms. Emery moved the Council meet in Executive Session to discuss contract negotiations and to CITY COUNCIL 7 DECEMBER 2009 PAGE 5 resume regular session to approve contracts and/or adjourn. Mr. Knapp seconded. Motion passed unanimously. 11. Regular Session: The Council returned to regular session. Mr. Knapp moved the approval of a labor contract with the Water Pollution Control Association for a two-year period starting July 1, 2009. Ms. Emery seconded. The motion passed unanimously. Mr. Knapp moved the approval of a labor contract with the Public Works and City Hall Employee Association for a two-year period starting July 1, 2009. Ms. Dooley seconded. The motion passed unanimously. Mr. Knapp moved that the City Manager salary be set by contract at$115,000 annually for the period starting July 1, 2009. Ms. Emery seconded. The motion passed unanimously. Mr. Knapp moved adjournment. Mr. Murray seconded. The motion passed unanimously. The meeting adjourned at 9:45pm. Clerk 4, southbudington Charles E. Hafter, City Manager December 18, 2009 Chair and City Council South Burlington, VT 05403 Re: Review of proposed language for ballot items and proposed charter amendments for March, 2010 ballot; Set public hearing dates for charter change hearings To All Members: Attached are drafts of the proposed language for the ballot questions for the March ballot. The language has been prepared by the City attorney. The proposed questions are: • Annual budget approval • Use of Conservation Tax Levy • Use of Funds for Road Improvements • Charter change on budget approval process • Charter change on Australian ballot requirements I have included a timeline for approval of charter changes. The Council should set the hearing dates for the two hearings tonight, although the language can be fmalized at the next meeting, if necessary. I would prefer alternative dates from those recommended by Steve Stitzel and will contact him to determine our flexibility prior to Monday night. Sincerely, (kt6 - Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburi.corn Proposed March, 2010 City of South Burlington Ballot Questions: APPROVAL OF CITY BUDGET Shall the City adopt the City Council's proposed budget for FY 2010-2011 totaling $22,151,098 of which it is estimated$ $9,802,828 will be raised by local property taxes? MODIFICATION OF USE OF ANNUAL CONSERVATION TAX LEVY Shall the voters authorize expenditure, on an annual basis, of not more than five percent (5%) of the annual tax levy for the Conservation Fund)approved by the voters at the Annual City Meeting on May 16, 2000;to pay for maintenance of and conservation activities on City-owned open space in South Burlington? UL CF FUNDS for ROAD IMPROVEMENTS Shall the voters fund a portion of the cost of repaving and repairing City streets in FY 2011 with $130,000 of City Rooms and Meals Tax revenues and $80,000 of fees ?r ,;N,'/collected from persons p_erfonnivag private work within the limits of City streets? 4. Charter question of budget process: See attached language from Attorney 5. Charter question on floor votes: See attached language from Attorney • Proposed Charter Amendments : § 503. Special city and school district meetings Special city meetings, and special school district meetings, shall be called in the manner provided by the laws of the state, and, except as provided below, the voting on all questions shall be by the Australian ballot system. The council or board of school directors may, if action on a s ,iecific matter may not be delayed for consolidation with. an Australian ballot vote on other matters because of_ un:anticioated circumstances, conduct the vote on the floor of a meeting of City voters if a vote in such manner is authorized under ,general law. § 13-110. Annual city report The annual city and school district reports shall be made available and noticed to the legal voters of the city and school district, ,' -- l Lt not later atwenty' . 20h days -urior to the. annual city and school terith net § 13-1302 . Preparation and submission (a) The city manager and superintendent of schools shall prepare the budgets for the city and school district, respectively, and submit same to the council and board of school directors at such time as required by said boards ; The budgets shall' contain: (b) The council and the board of school directors shall cause copies of the proposed budgets to be delivered to each member of the steering committee forthwith after the final preparation of said budgets, but not less than -6& 45 days;prior to the date of the annual city and school district. meeting; The steering committee may hold a meeting for the review of such budgets, giving notice of the meeting as required in Section. 1102 subchapter 10 . , ] r>- arid. the 3�tith Lurling-Dn u 1 - it;7.rict, No less than 45 35 days prior to the annual city and school district. meeting, the steering committee may submit to the council and the board of school directors its report and recommendations concerning the proposed budgets. (c) 141 !:tuncZ -1 fix .7.7..hkr. T.Iittreand s✓i ce-f--c ll.'l --n 1 • -ci y d ; trict meet-in q, , The council shall warn then review the city budget �> u IL for submission to the voters not less ..than30 days before the annual city meeting 7 4hri`�:11 o1- r u Chatig=2"; and in the same manner the board of school directors shall warn review its budget for submission to the voters/ § 13-1303. City and school district annual meeting warning and budget The proposed, budgets of the city and school district shall be dt ,a:tsuLe made available to the legal voters of the city and school district at least, 10 20 days before the annual city and school district meeting ,:F11;2.-11ic l,o-siiiig ,the bu geLe Not more than forty (40) nor less than thirty ;30; days t.rior to LILITe warnings for the annual city and school district meeting, notice shall be published in a newspaper having general circulation within the city informing voters of the date of a oOblic'hearing' on the budgets and availability of the warnings for the annual city and school district meetings, the oro-t;osed city and school district` budgets and the city and school district annual resorts T :arthual meetings and the r J 11 cX t f r. the ci i ,1 ei is.l S _h'i .at alzt:ll 7 x .. i.��v >�c - to ,J, i .� : The council and the board of school directors shall hold a public hearing on their rescective 'budgets not more than 10 days before the anrival city: and; school district meetings , 2 NOTICE OF PUBLIC HEARINGS ON PROPOSED CITY CHARTER AMENDMENTS CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby gives notice that public hearings will be held on January 2010 and February , 2010, both hearings to begin at 7 : 00 PM and to be held at the South Burlington City Hall at. 575 Dorset Street to consider proposed amendments to the charter for the City of South Burlington. PROPOSED CITY CHARTER AMENDMENTS Shall the voters amend the following sections of the City Charter:. § 503. Special city and school district meetings § 13-110. Annual city report § 13-1302 . Preparation and submission [of budgets] § 13-1303. City and school, district annual meeting warning and budget The complete text of the proposed amendments is available for review on the City' s Web Site, www. sburl .com, and at the City Offices 'at 575 Dorset Street during normal business hours . Dated at South. Burlington, Vermont this day of 2009 CITY OF SOUTH 'BURLINGTON Charles E. Hatter, City Manager Received and posted this day of , 2009 , Dorina Kinville, City Clerk .1 In Page 1 of 1 From: Steven Stitzel <SStitzel@firmspf.com> To: Charles Halter <chafter@sburl.com> Subject: Charter Adoption Schedule Below is a schedule of"no later than" dates for action on the City Charter amendments. December 29th Latest day to post public hearing notice for hearing on January 29th January 19th-29th Post Warningfor Annual CityMeeting January29th Latest day to hold first public hearing February 9th Potential day for second public hearing February 10th Latest day to modify charter changes March 2nd Annual City Meeting Steven F. Stitzel, Esq. Stitzel, Page& Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Telephone: (802) 660-2555 Fax: (802) 660-2552 www.firmspf.com This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at 802-660-2555 or the above address and delete this message and all attachments from your storage files. Thank you. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.717 /Virus Database: 270.14.113/2573 - Release Date: 12/18/09 02:35:00 Printed for Charles Hafter<chafter@sburl.com> 12/18/2009 41400. 111.0"- southburtington December 4, 2009 Charles E. Hatter, City Manager Chair and City Council South Burlington,VT 05403 Re: Consideration of charter amendment proposals from City Charter Committee To All Members: The City Charter Committee met to consider two amendments to the City Charter. Due to unavoidable absences, and committee vacancies, only Bill Cimonetti was able to attend. We discussed two amendments to the City Charter to address issues which have recently arisen. First is the need to redefine the budget approval process to work more effectively with a March vote,rather than a May vote. The approval process also should be more effective in encouraging public participation than the current process which was based on the approval mechanisms prior to the charter amendment to require a public vote on the budgets. By requiring certain warned legal meetings too early,the budget approval process concludes before citizens are even thinking about public budgets. The attached charter amendment complies with state law and puts South Burlington in line with other municipalities throughout the state. The school administration has reviewed this proposal and agrees. A second amendment addresses the requirement to have an Australian ballot on every question that comes before the voters. As you are aware,the timing of the federal stimulus money forced the City to hold two votes (one by voice and one by Australian ballot reconfirming the voice vote)to obtain the funding. Not were efficient. The attached amendment addresses this issue. Please discuss. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Charter Change Proposal Budget Preparation and Approval Timeline The current charter budget approval timeline is based on old charter language that envisions a May ballot date and did not require a public vote if spending limitations were met. Thus, the key avenue for public input was the budget public hearing which was set at an early date to allow amendments based on public input as the budget was not voted upon. With the change in the charter to allow public vote,the current budget timeline language results in a process that starts too early to encourage public participation. The requirement for a public vote also allows us to realign the charter to match general state requirement. Current Proposed Budgets to steering committee 60 prior to vote 45 days prior to vote Optional SC meeting and warning 30 days prior 30 days prior Budget mailed to residents 10 days prior to PH 10 days prior to PH 50 days prior to vote 20 days prior to vote Public Hearing 40 days prior to vote 10 days prior to vote The schedule would be more in line with the needs for a March vote: Budget to SC 45 days before vote Warning approved by Boards 30 days before vote Budget mailed to homes 20 days prior to vote Public Hearing 10 days prior to vote Newspaper publication 10 days prior to vote Design Review Overlay District Amendments / 4,, ,,,,, � r I // �� �l CAI STON Ro 70 0 Added _--- - fAreaAddd Area 70 ( i 7, UMall Property /1 .. Added o � `Area t4t, I. Added Area \ \ YST \ / f I SIMPSON CT 1 co mcn o ts;z 2 Ip c o -4 SUNSET AV °, Added LEGEND Area -+ m I BASE ZONING DISTRICTS I -4 -I LILAC LN 1 I I CENTRAL DISTRICT 1 ;,,;;„ (p _.. CENTRAL DISTRICT 2 1 < I CENTRAL DISTRICT 3 1- CENTRAL DISTRICT 4 4. .-�-s -- 1 CURRENT DESIGN OVERLAYS Y� " DESIGN DISTRICT 1 VA DESIGN DISTRICT 2 _L - N nT.. DESIGN DISTRICT 3 POTENTIAL ADDITIONS TO DESIGN OVERLAY DISTRICT W /�\ E I I DESIGN DISTRICT 1 r� DESIGN DISTRICT 2 S 4 Ile% DESIGN DISTRICT 3 0 250 500 1,000 1,500 2,000 .. Feettihbt.t '' 'on 1 i t'INlNC S 2dell Nil south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Land Development Regulation Public Hearing (continued) DATE: December 21, 2009 City Council meeting At the last meeting, the Council opened its formal public hearing on the draft amendments to the Land Development Regulations. At that meeting, I highlighted one minor correction, regarding the calculation of affordable housing units. The math error has been fixed! Also last meeting, I relayed that our attorneys had requested the hearing be continued so that they could complete their review of a couple of other sections. Those proposed clarifications are included in the enclosed draft and described below. Following the closure of the public hearing, I recommend approval of the full set of amendments, including the clarified items discussed herein. Our attorneys have indicated to me that none of these changes rise to the level of"substantial," (which would require a newly-warned hearing by the City Council). 1. HOMES IN THE SEQ-NATURAL RESOURCE PROTECTION DISTRICT The amendment approved by the Planning Commission would clarify that a property in the SEQ-NRP district that is less than 15 acres in size (and which has not been subdivided since 1992) may have one house built upon it. This has been our interpretation of the regulations since their adoption back in 2006, but the language could be far clearer. It also states that an existing house in the SEQ-NRP may be replaced, either on the same footprint or in a less-intrusive area on the property. This is not at all clear under the current regulations. Our attorneys have requested further clarifications, which include: (1) Providing a more clear reference to the applicable section from the prior section. (2) Matching the word usage for homes on properties of less than 15 acres with the word existing word usage for homes on properties of more than 15 acres. 1 The revised language now reads: 9.12 SEQ-NRP;Supplemental Regulations A. Any lot that lies substantially or entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and any portion of such lot located within the SEQ-NRP sub-district shall not be developed with a residence, or (2) encc or residences pursuant to a conservation plan approvcd by 13-1 Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the Development Review Board's approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more e single family detached homes,subject to conditional use review.house. (1) Where the lot is less than fifteen(15)acres in contiguous area,the Development Review Board may allow one single family home only if: The lot is substantially within a SEQ NRP sub district and another SEQ sub district,and: Lai the portion of the lot in any other(non-NRP)SEQ sub-district is insufficient to accommodate the construction and use of a single family house in compliance with these Regulations,and lb] the Development Review Board finds that the location of structures,yards,and access drives will the site plan does not compromise the any conservation objectives values articulated in the Comprehensive Plan, and, (c)no structures,yards,or access drives are within a designated primary natural community or its related buffer. (2) Where the lot is fifteen(15)acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three lots, pursuant to an approved conservation plan that maximizes resource values(s). Such lots shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall abut one another and shall have no portion within a designated primary natural community or its related buffer.The dwelling units shall be detached single family houses. Such subdivision plan shall be subject to the Development Review Board's approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. 2 D. An existing single family home on a lot that lies substantially or entirely within a SEQ-NRP sub- district may be removed and replaced,provided that: (1)the footprint of the principal structure remains the same or is reduced,or (2)The Development Review Board,through a conditional use review,finds that the location of structures,yards,and access drives will not compromise the conservation objectives articulated in the Comprehensive Plan,and,that no structures,yards,or access drives are within a designated primary natural community or its related buffer. 2. LOCATION OF PARKING ON A PARCEL The amendment approved by the Planning Commission was made in light of the Supreme Court's decision on JAM Golf last year, which struck certain elements of our old regulations due to a lack of"specific standards." This amendment gives the DRB more specific standards to apply in determining when an exception can be made to the requirement that parking be placed to the side or rear of buildings. Furthermore, it limits the amount of parking that can be placed to the sides of a building where there are multiple buildings on a lot, to implement the City's goal of fostering greater pedestrian activity and having buildings, not parking, be the primary activity along roads. After reviewing the language approved by the Planning Commission, our attorneys have recommended a more clear approach. This approach clearly states, for the DRB and the applicant, that parking is prohibited in front of buildings, except under certain specific circumstances. While the prior draft language carried the same exact intent, our attorneys carefully parsed out the language and discovered that some of the language could be interpreted in multiple ways. Staff has discussed the revised approach with the Planning Commission, and they concur that it carries the same intent and is more defensible. Below is the revised language: Section 2.02 Specific Definitions: Building width.The average length of a building measured along the side most closely parallel to its adjacent public street(s). Section 5.08 Supplemental Standards for All Commercial Districts C. Parking,Access,and Internal Circulation Section 14.06 General Review Standards C. Relationship of Proposed Structures to the Site 3 (2) (a)Parking shall be located to the rear or sides of buildings.to the greatest extent practicable. (b)The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met.The Board shall approve only the minimum necessary to overcome the conditions below. 1. The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; 2. The parking area will serve a single or two-family home; 3. The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building,to be located adjacent to the public street; 4. The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s);or, 5. The principal use of the lot is for public recreation. (c)Where more than one building exists or is proposed on a lot,the total width of all parking areas proposed in a location on a lot that is both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.06(C)(2)(b)shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public to the public street. (d)The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s)and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges,the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. Section 15.02 Authority and Required Review A.Authority (3) In conjunction with PUD review,the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. However,with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five(5)feet from any property boundary. In no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. In no case shall the DRB permit the location of parking not in compliance with Section 14.06(C)(2). 4 3. MINOR LOT LINE ADJUSTMENTS The purpose of this amendment is to relieve the Development Review Board from having to review small-scale projects such as these. The amendment would give the authority to the city's Zoning Administrator to approve minor adjustments of lot lines, and also allows this person to refer it to the DRB if need be. Our attorneys have recommended one small change, to add a few words to the definition of such an activity. The revised language reads as follows: 2.02 Specific Definitions Subdivision. (C) Division of land such as for minor realignment of property boundary lines of pre-existing lots,for municipal purposes which conform to the Comprehensive Plan (such as road widening, easements, sidewalks, parks, etc.), or enlargement alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision,but is known as a minor lot line adjustment.provided that no new therefore capable of subdivision into more lo+s t afl before the adjustment. 15.19 Minor Lot Line Adjustments A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a result of the proposed lot line adjustment.The survey shall be sufficient to clearly indicate the area,metes, bounds,and ties of each of the affected lots.The survey shall include all structures and site improvements and delineate all building/structure setbacks, lot coverage,parking spaces and any other details as may be specified by the Administrative Officer. B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met: (1) No new lots are created through the adjustment; (2) The sale or exchange of parcels of land is between adjacent property owners; (3) The relocation of the lot-line does not result in the creation of a non-conforming lot, structure or use;and (4) The proposed change does not violate any conditions imposed from prior municipal approvals. C. Where,there is uncertainty as to whether an application comprises a minor lot line adjustment,the Administrative Officer may refer the application to the Development Review Board for review as a subdivision of land. 5 -40 S PLANNINGOuth & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Draft Land Development Regulations Approved by Planning Commission DATE: November 2, 2009 City Council meeting The Planning Commission voted on September 29`h to approve a series of amendments to the Land Development Regulations and forward them to the City Council for consideration. The amendments consist of a number of disparate items that had been collected over the course of the past year. The vote by the planning commission to approve the amendments was unanimous on all items. Below is a brief description of each of the proposed amendments. The letters correspond to each of the items in the enclosed draft amendment. Attached as well is a brief summary report describing the relationship between the proposed amendments and the City's Comprehensive Plan, as required by State law. I recommend the City Council proceed by holding a Public Hearing to consider the adoption of these amendments. A. Bartlett Bay Stormwater Overlay District Boundary This amendment to the Overlay District Map would adjust the Bartlett Bay Stormwater Overlay District to better reflect the actual hydrology and topography of the area. Last fall, we enacted a series of changes to our Stormwater Management regulations, encouraging Low Impact Development Techniques and requiring greater analysis of current and anticipated water flow. The map amendment would complement these changes. B. Design Review Overlay District Boundaries This amendment to the Overlay District Map would resolve an inconsistency between the underlying "Central" zoning districts and the design review overlays. Over the years, the City has made a series of amendments to the Central District map, but we have not matched those amendments with adjustments to the Design Overlay. The result is that several parcels zoned "Central" are not subject to Design Review. These map amendments would ensure that all areas zoned "central" would also be subject to design review criteria that were established for each of the central districts. The proposed 1 amendments also include an exemption for all properties less than 15,000 square feet in size, and for municipally operated educational facilities. These exemptions would allow single family home owners, and the School District, to make additions/renovations without being subject to design review. However, if and when redevelopment takes place in the area, new projects would be subject to this review. C. Homes in the SEQ-Natural Resource Protection This amendment would clarify that a property in the SEQ-NRP district that is less than 15 acres in size (and which has not been subdivided since 1992) may have one house built upon it. This has been our interpretation of the regulations since their adoption back in 2006, but the language could be far clearer. It also states that an existing house in the SEQ-NRP may be replaced, either on the same footprint or in a less-intrusive area on the property. This is not at all clear under the current regulations. D. Location of Parking on a parcel In light of the Supreme Court's decision on JAM Golf last year, which struck certain elements of our old regulations due to a lack of"specific standards", we've been going through the LDRs to identify similar problems. This proposed amendment gives the DRB more specific standards to apply in determining when an exception can be made to the requirement that parking be placed to the side or rear of buildings. Furthermore, it limits the amount of parking that can be placed to the sides of a building where there are multiple buildings on a lot, to implement the City's goal of fostering greater pedestrian activity and having buildings, not parking, be the primary activity along roads. E. Parking Standards for Assisted Living This amendment would create a separate parking standard for "Assisted Living" Facility. The term is clearly and separately defined in the Definitions chapter of the LDRs, but under the parking standards chapter, it is coupled together with "Congregate Housing." The principal difference between these uses is the fact that Assisted Living Facilities receive licensure from the State of Vermont as care facilities. Typically, residents in these types of facilities do not have vehicles of their own. Based upon research from the Institute of Traffic Engineers "Parking Generation" manual, and a survey completed of an Assisted Living Facility in Shelburne, a parking standard of 0.6 parking spaces per dwelling unit of Assisted Living, rather than the 1.2 spaces per unit plus 1 space for every 4 units that is used for Congregate Housing is recommended. The end result of this change will be to ensure that we do not require areas to be created for parking. F. New use: Pet Grooming The amendment would create a new use that recognizes that pet grooming is a separate use from pet day cares and kennels. Pet grooming has no medium or long-term accommodations and no outdoor exercise areas. The use would be permitted where other service-type uses, such as barber shops, are permitted. G. Outdoor Exercise Areas for Animals This amendment would attach standards for the design and operation of outdoor exercise areas for commercial pet day cares and kennels, establishing hours of use for the exercise areas as well as screening requirements. 2 H. Gated driveways and roads This amendment would ensure that no driveways serving more than one dwelling unit, or public/private roads be gated. We have not had much trouble with this in the past, but in the interest of public safety and overall community benefit, this would be a positive pre-emptive step to make sure we do not have issues in the future. I. Outdoor Storage and Display This amendment would clarify the difference between outdoor storage and outdoor display, with accompanying definitions. J. Accessory Structures This amendment would permit accessory structure of up to 25' in height where the structure is located at least 30' from all property lines, he structure has a pitched roof, and the subject property is at least one (1) acre in size. Where the accessory structure is proposed to be taller than the principal structure, it would be subject to conditional use review. It would also allow accessory structures to be heated, an unenforceable prohibition under the current regulations. The purpose of this amendment is to allow for some greater flexibility for property owners in limited circumstances. K. Structures in the Residential 4 District This amendment would clarify that no structure in the R4 district may contain more than 4 dwelling units. At present, there are no limitations on the number of housing units in a structure in this district, only a maximum number of units per acre (4, plus any affordability bonus). I expect we will be looking at the standards for this district as a whole in greater depth in the near future, but this is a minor amendment that is worth pursuing in the short term. L. Exterior Lighting The proposed amendment clarifies that energy efficient lighting is permitted and encouraged. M. Self-Storage in the Commercial-Industrial District This amendment would permit self storage facilities in the CI district, but ONLY as an accessory use and not occupying more than 20% of the gross floor area of the principal use. In addition, the self storage units would need to be accessed via an internal entrance and would only be accessible during business hours with an employee on site. N. Child Care Facilities This amendment would require child care homes serving more than six full-time students to be subject to site plan review. Last fall, when we amended the LDRs with respect to child care homes and facilities, the PC had towards the end of the process decided that it would be preferable to have child care homes be subject to site plan review. The Council adopted the amendments without this change, but asked that the change be re-submitted. 3 O. Minor Lot Line Adjustments This amendment would allow adjustments to parcel boundaries to be approved administratively, so long as there are no new lots created, no non-conformities are created, and prior municipal approvals are not violated. At present, all lot line adjustments must be reviewed by the Development Review Board. P. Additional Technical Corrections • May Not versus Shall Not: Staff has reviewed the LDRs and identified all of the places where the word "may not" is used when it really was intended to be "shall not." For example, "Dead end streets may shall not exceed 200 feet in length." By making these fixes, we "may" avoid unnecessary legal problems in the future. (note: in some cases, the language is part of a `regulating plan' which is recommendation rather than a requirement. However, changing "may not" to "shall not" remains an important clarification. • Outdoor Storage vs. Outside Storage. At present, our regulations refer to both outdoor and outside storage. Staff proposes the LDRs be clarified by only using the term "outdoor storage," which is defined. • Free-Standing Signs. The amendment removes the requirement that free-standing sign locations be shown on site plans. This change is at the request of our attorneys, who have advised us to keep this separate because signs are subject to a completely separate city ordinance. • Affordable Housing: The amendment clarifies unclear language regarding the number of units that need to be affordable where there is an uneven number of units proposed. • Off-Street Parking: The amendment clarifies that the DRB may apply a 25% parking waiver to both public and private parking facilities. • Retaining Walls. The amendment classifies retaining walls as separate from other `accessory structures.' As accessory structures, they could not be placed in the front yard and were limited in number. Retaining walls over 8' in height would require an engineer's evaluation. • Animal hospital/veterinary hospital. This amendment clarifies the terms used in the regulations. 4 AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS SOUTH BURLINGTON CITY COUNCIL, DECEMBER 21, 2009 The South Burlington City Council hereby ordains: Key to the Amendments 1. Proposed new text is shown in Bold Underline 2. Proposed deletions are sown in 3. Plain and plain underlined is existing and will remain. 4. Descriptive text explaining tables and maps are in ALL CAPS A. BARTLETT BROOK STORMWATER OVERLAY DISTRICT BOUNDARY • Adjust Bartlett Bay Watershed Overlay District boundary to more accurately depict the actual watershed area per the attached map. • See Attached Map B. DESIGN REVIEW OVERLAY DISTRICT BOUNDARIES • Extend Design Overlay District 1 to include Central School property, excluding municipal educational facilities. • Establish Design Overlay District 2 on Mary Street properties that are within the CD district. • Extend Design Overlay District 3 on Market Street east to Hinesburg Road and north to include properties in CD district 2. • Extend Design Overlay District 3 on Dorset Street to include one missing property that is in the Central District. • See Attached Map 11.01 City Center Design Review Overlay District CCDR D. Activities Subject to Design Review. (3) Any construction or alternation of municipal education facilities in Design Review Overlay District 1 shall not be subject to design review. (4) Any construction or alternation of one or two family homes on parcels of 15,000 square feet or less in Design Overlay Districts 2 and 3 shall not be subject to design review. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Land Development Regulations Approved by the City Council 12/21/2009 C. HOMES IN THE SEQ-NATURAL RESOURCE PROTECTION DISTRICT 9.12 SEQ-NRP; Supplemental Regulations A. Any lot that lies substantially or entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and any portion of such lot located within the SEQ-NRP sub-district shall not be developed with a residence, or (2) Such lot may be developed with a residence or rcsidcnccs pursuant to a conservation plan approved by the Development Review Board. Sec 9.12(B) below. (3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the Development Review Board's approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b)Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more a single family detached homes, subject to conditional use review. house. (1) Where the lot is less than fifteen (15) acres in contiguous area, the Development Review Board may allow one single family home only if: The lot is substantially within a SEQ NRP sub district and another SEQ sub district, and: (a) the portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate the construction and use of a single family house in compliance with these Regulations, and (b) the Development Review Board finds that the location of structures, yards, and access drives will the site plan does not compromise the any conservation objectives values articulated in the Comprehensive Plan, and, 2 Land Development Regulations Approved by the City Council 12/21/2009 (c) no structures, yards, or access drives are within a designated primary natural community or its related buffer. D. An existing single family home on a lot that lies substantially or entirely within a SEQ-NRP sub-district may be removed and replaced, provided that: (1) the footprint of the principal structure remains the same or is reduced, or (2) The Development Review Board, through a conditional use review, finds that the location of structures, yards, and access drives will not compromise the conservation objectives articulated in the Comprehensive Plan, and, that no structures, yards, or access drives are within a designated primary natural community or its related buffer. D. LOCATION OF PARKING ON A PARCEL Section 2.02 Specific Definitions: Building width. The average length of a building measured along the side most closely parallel to its adjacent public street(s). Section 5.08 Supplemental Standards for All Commercial Districts C. Parking, Access, and Internal Circulation (2) Parking shall be placed to the side or rear of the structures. if possible, Section 14.06 General Review Standards C. Relationship of Proposed Structures to the Site (2) (a) Parking shall be located to the rear or sides of buildings. to the greatest extent practicable. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. 1. The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; 2. The parking area will serve a single or two-family home; 3 Land Development Regulations Approved by the City Council 12/21/2009 3. The lot has unique site conditions such as a utility easement or unstable soils that allow for parking, but not a building, to be located adjacent to the public street; 4. The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); or, 5. The principal use of the lot is for public recreation. (c) Where more than one building exists or is proposed on a lot, the total width of all parking areas proposed in a location on a lot that is both to the side of a building and between the front lot line and the building line of the building on the lot that is closest to the public street shall not exceed one-half of the total building width of all buildings on the lot that are located adjacent to the public street. Buildings separated from the front lot line by parking approved pursuant to 14.O6(C)(2)(b) shall be considered adjacent to the public street. Buildings separated from the front lot line by any other parking areas shall not be considered adjacent to the public L tkagpsiplic street. (d) The DRB shall require that the majority of the parking on through lots and corner lots be located between the building(s) and the side yards or between the building and the front yard adjacent to the public street with the highest average daily volume of traffic. Where the rear yard of a lot abuts an Interstate or its interchanges, the majority of parking shall be located between the building and the side yards or between the building and the yard that is adjacent to the Interstate. Section 15.02 Authority and Required Review A. Authority (3) In conjunction with PUD review, the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary. In no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. In no case shall the DRB permit the location of parking not in compliance with Section 14.06 (C) (2). 4 Land Development Regulations Approved by the City Council 12/21/2009 E. PARKING STANDARDS FOR ASSISTED LIVING Table 13-1 - Parking • Assisted Living: 0.6 per du. F. NEW USE: PET GROOMING 2.02 Specific Definitions Pet grooming. Any establishment where domestic pets are bathed, clipped, combed, or otherwise cleaned for the purpose of enhancing their aesthetic value or health, but not including any outdoor exercise facilities. Table 13-1 - Parking • Pet Grooming: 4 per 1,000 GFA Table C-1 Table of Uses • Pet Grooming. P where personal services are permitted. G. OUTDOOR EXERCISE AREAS FOR ANIMALS 13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day cares, and veterinary hospitals A. Specific Standards: (1) All outdoor exercise areas shall be fully enclosed and screened on all sides. (2) Animals shall not be permitted in outdoor exercise areas between 9:00 pm and 7:00 am. (3) Where a planned outdoor exercise facility is adjacent to or within fifty (50) feet of the boundary of a residential district or existing residential use, the required side or rear setback for the outdoor exercise facilities shall be sixty- five (65) feet from the residential or residentially-zoned property. A strip not less than fifteen (15) feet wide within the sixty-five (65) foot setback shall be landscaped with dense evergreens, fencing, and/or other plantings as a screen. New external light fixtures shall not be permitted within the fifteen (15) foot wide buffer area. 5 Land Development Regulations Approved by the City Council 12/21/2009 H. GATES DRIVEWAYS AND ROADS 15.12 Standards for Roadways, Parking and Circulation in PUDs and Subdivisions A. Street Layout. The arrangement of streets in the subdivision shall provide for the continuation of arterial, collector and local streets of adjoining subdivisions and for proper projection of arterial, collector and local streets through adjoining properties that are not yet subdivided, in order to make possible necessary fire protection, movement of traffic and construction or extension, presently or when later required, of needed utilities and public services such as recreation paths, sewers, water and drainage facilities. Where, in the opinion of the Development Review Board, topographic or other conditions make such continuance undesirable or impracticable, the above conditions may be modified. In no case shall gates of any kind be permitted across public or private roads, or driveways serving more than one dwelling unit. I. OUTDOOR STORAGE AND DISPLAY Section 13.05 Outside Outdoor Storage and Display A. Outdoor Storage General Requirements. Outside Outdoor storage of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: (1) Any outside outdoor storage and/or display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application. (2) The Development Review Board may require that outside outdoor storage areas in connection with commercial or industrial uses be enclosed and/or screened where the storage area may comprise an attractive nuisance, where the proposed use of the storage areas present opportunities for theft, or where the Board finds that said storage areas are in view of residentially- zoned parcels. (3) Outside display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets, or other p t ' d -' h h parts arc displayed in an elevated manner. This does not include boats with masts, bridges, or canopies. B. Outdoor Display. Outdoor display of goods, materials, vehicles for other than daily use, and equipment shall be subject to the following provisions: 6 Land Development Regulations Approved by the City Council 12/21/2009 (1) Any outdoor display shall be appurtenant to the primary use of the property and shall be allowed only in nonresidential districts and upon approval of the DRB in conjunction with a site plan, conditional use and/or PUD application that clearly indicates the location of any outdoor display areas. (2) Outdoor display of equipment is prohibited where such equipment is fitted with arms, lifts, buckets, or other parts that can be elevated and where such parts are displayed in an elevated manner. This does not include boats with masts, bridges, or canopies. I. ACCESSORY STRUCTURES 3.10 Accessory Structures and Uses (10) Accessory structures shall not exceed fifteen (15) feet in height, except that: a. For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, b. For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty (30) feet from all property lines, the structure has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and, c. Accessory structures exceeding the height of the principal structure on the property shall require approval by the Development Review Board as a conditional use, pursuant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly secondary to the principal structure in function and in appearance from the public right-of-way. (11) No accessory structure shall be constructed with a cellar or below-grade story, and cation of a homc occupation, agricultural usc, or accessory residential unit. 7 Land Development Regulations Approved by the City Council 12/21/2009 K. STRUCTURES IN THE RESIDENTIAL 4 DISTRICT Section 4.03 Residential 4 District — R4 F. Additional Standards. Mutli-family dwellings shall be subject to site plan review, as per Article 14, and shall be limited to a maximum of four (4) dwelling units per structure. L. EXTERIOR LIGHTING Section 13.07 Exterior Lighting A. General Requirements. All exterior lighting for all uses in all districts except for one-family and two-family uses shall be of such a type and location and shall have such shielding as will direct the light downward and will prevent the source of light from being visible from any adjacent residential property or street. Light fixtures that are generally acceptable are illustrated in Appendix D. "Source of light" shall be deemed to include any transparent or translucent lighting that is an integral part of the lighting fixture(s). Site illumination for uncovered areas shall be evenly distributed. Where feasible, energy efficient lighting is encouraged. M. SELF STORAGE IN THE MIXED INDUSTRIAL-COMMERCIAL DISTRICT Section 13.22 Self Storage in the Mixed Commercial-Industrial (CI) District A. General Requirements. In the Commercial-Industrial District, the Development Review Board may grant site plan approval for a self-storage facility, according to the following regulations. B. Specific Standards: (1) The facility shall be clearly secondary to a permitted principal use in this district (2) The facility shall not occupy more than 20% of the gross floor area of the principal use (3) The facility shall only be accessible through an interior entrance (4) Access to storage units shall only be available during business hours, with an employee on site. 8 Land Development Regulations Approved by the City Council 12/21/2009 N. CHILD CARE FACILITIES 14.03 Uses and Actions Subject to Site Plan Approval *** B. Excluded from site plan review *** 11.Licensed and rcgistcrcd family child care homes. O. MINOR LOT LINE ADJUSTMENTS 2.02 Specific Definitions Subdivision. (C)Division of land such as for minor realignment of property boundary lines of pre- existing lots, for municipal purposes which conform to the Comprehensive Plan (such as road widening, easements, sidewalks, parks, etc.), or enlargement alteration of existing lots as specifically permitted under these Land Development Regulations, shall not be deemed a subdivision, but is known as a minor lot line adjustment. provided that no new developable lots result or no lot in existence prior to the adjustment is so enlarged by the adjustment that it is therefore capable of subdivision into more lots than before the adjustment. 15.19 Minor Lot Line Adjustments A. Any application for a minor lot line adjustment shall be accompanied by a plat prepared by a Vermont licensed land surveyor and indicating all lots that are proposed to be modified as a result of the proposed lot line adjustment. The survey shall be sufficient to clearly indicate the area, metes, bounds, and ties of each of the affected lots. The survey shall include all structures and site improvements and delineate all building/structure setbacks, lot coverage, parking spaces and any other details as may be specified by the Administrative Officer. B. The Administrative Officer shall approve an application for a minor lot line adjustment, provided that the following criteria are met: (1) No new lots are created through the adjustment; 9 Land Development Regulations Approved by the City Council 12/21/2009 (2) The sale or exchange of parcels of land is between adjacent property owners; (3) The relocation of the lot-line does not result in the creation of a non- conforming lot, structure or use; and (4) The proposed change does not violate any conditions imposed from prior municipal approvals. C. Where, there is uncertainty as to whether an application comprises a minor lot line adjustment, the Administrative Officer may refer the application to the Development Review Board for review as a subdivision of land. P. ADDITIONAL TECHNICAL CORRECTIONS 2.02 Specific Definitions Accessory use. A use of land or property or a building, or a portion thereof, whose area, extent, or purpose is incidental and subordinate to the principal use of the building or land. The accessory use shall be located on the same lot. An accessory use may shall not be accessory to another accessory use. Animals/pets (each definition below is distinct): Animal shelter. A place where animals are provided with short-term shelter typically operated by a humane society or other non-profit organization. Such establishment may have either or both of an educational component or a residence, occupied by a household with at least one person employed full or part time in a caretaking capacity for the facility, as an accessory use or additional principal permitted use on the site. May or may not include associated outdoor exercise facilities. Commercial kennel. A lot, premises, use, or structure intended and used for the breeding, training, sale, and overnight boarding of well dogs, cats, or other small domestic animals belonging to a person or persons other than the owner of the lot, but not including a veterinary hospital clinic. May or may not include associated outdoor exercise facilities. Pet day care. A commercial service provided to pet owners whereby pets are cared for outside of their home by the business owner during normal business hours, with no overnight boarding, training, sale, or breeding of pets. May or may not include associated outdoor exercise facilities. 10 Land Development Regulations Approved by the City Council 12/21/2.009 Private kennel. An accessory structure used for the outdoor accommodation of small domestic animals and not operated on a commercial basis. Veterinary hospital. A place where animals are given medical care and the boarding of animals is limited to short-term care for a certain period of time. May or may not include associated outdoor exercise facilities. animals is limited to short term care for a certain period of time. Sec Also known as a veterinary hospital. Such hospitals may be associated with animal boarding facilities, animal breeding facilities, and/or laboratories. treatment of animal physical disorders; not primarily-for the overnight boarding or confinement of animals; and not used for the training of animals. boarded, groomed, brcd, trained or sold. Bus terminal. Any premises for the short term parking (i.e., fewer than 12 hours) of motor-driven buses and loading and unloading of passengers. Bus terminals may include ticket purchase facilities, but utay shall not include bus maintenance facilities. Bus terminals may also include hubs where three or more routes converge and allow the transfer of passengers between routes. Outdoor display. An outdoor arrangement of products for sale, together with accompanying display structure, typically not in a fixed position and capable of rearrangement, and typically with products brought indoors when the business is closed. 3.08 Temporary Structures and Uses D. Temporary Outside Outdoor Storage. Temporary outside outdoor storage used in conjunction with the principal use or uses on that property shall be permitted for a period up to one month during a calendar year. Permits for temporary outside outdoor storage shall be issued by the Administrative Officer in accordance with the provisions of this section. 3.09 Multiple Structures and Uses B. Multiple Uses in a Structure and Umbrella Approval. 11 Land Development Regulations Approved by the City Council 12/21/2009 (1) The Development Review Board may approve two or more separate uses, one or more of which is a conditional use in the underlying zoning district, in a principal building or structure as a conditional use if it determines that: (b) Such uses can suitably share common facilities, such as parking and outside outdoor storage areas, within the requirements of these regulations for any lot. Section 3.11 Non-Conforming Uses and Non-Complying Structures and Lots D. Alterations to Non-Complying Structures. (3) In the CD1, CD2, CD3, and CD4 zones, the aggregate cost of such alteration shall not exceed thirty-five percent (35%) of the current assessed value of the structure being altered. Notwithstanding the foregoing, within the CD1, CD2, CD3 and CD4 zones, a non-complying building or structure may shall not be altered by increasing the height or increasing the footprint, or otherwise increasing the square footage of the building or structure. The Development Review Board may approve an alteration that results in an aggregate cost that exceeds thirty-five percent (35%) of the current assessed value of the structure being altered and/or which involves an increase in the height or the footprint, or otherwise an increase in the square footage of the building or structure, provided all of the following criteria are met: 8.03 Prohibited Uses - All Districts (7) outside Outdoor storage in connection with any permitted use, except dumpsters which must be reviewed for adequate screening during the development approval process. (10) Commercial kennels, and veterinary animal hospitals, and pet day care 9.08 SEQ-NRT and SEQ-NR Sub-Districts; Specific Standards A. Street, block and lot pattern. (2) Interconnection of Streets (b) Dead end streets (e.g. culs de sac) are strongly discouraged. Dead end streets may shall not exceed 200 feet in length. 9.09 SEQ-VR Sub-District; Specific Standards A. Street, Block and Lot Pattern (2) Interconnection of Streets 12 Land Development Regulations Approved by the City Council 12/21/2009 (b) Dead end streets (e.g. culs de sac) are discouraged. Dead end streets may shall not exceed 200 feet in length. 9.10 SEQ-VC Sub-District; Specific Regulations A. Street, block and lot pattern. (2) Interconnection of Streets (b) Dead end streets (e.g. cul de sacs) are discouraged. Dead end streets may shall not exceed 200 feet in length. 10.03 Scenic View Protection Overlay District I. Alteration and Expansion. (1) Notwithstanding the provisions of these Regulations, any structure which fails to comply with the requirements of this Section 10.03 may shall not: (a) be expanded or altered in any way which increases its degree or extent of non-compliance, except in strict conformance with the requirements set forth in this Section 10.03(J) herein. Section 13.01 Off Street Parking and Loading N. Exemptions, Waivers, and Modifications of Requirements (2) Waivers. Where the Development Review Board determines that a proposed land use or structure is adequately served by existing or proposed pie parking facilities, the Development Review Board may waive the off-street parking space requirements stipulated in Tables 13-1 through 13-6, by no more than twenty-five percent (25%). Table 13-1 - Parking o Animal shelter, commercial kennel, veterinary hospital or dog pet day care 1 per employee plus 0.5 per 1,000 SF GFA • Animal shcltcr 1 per cmploycc plus 0.5 per 1,000 SF GFA 13.08 Specific Requirements for Nighttime Illumination of Governmental Flags. A. The City encourages those who fly the Flag of the United States to observe the custom prescribed in the United States Flag Code of displaying the flag from sunrise to sunset. However, if governmental flags are to be flown at night and are to be illuminated, the regulations in this Section apply. (2) Flag Type. Only governmental flags may be illuminated. Nongovernmental flags may shall not be flown on a pole with an illuminated governmental 13 Land Development Regulations Approved by the City Council 12/21/2009 flag. No more than three (3) governmental flags may be flown on the same pole. Section 13.14 Affordable Housing (Below Market Rate Housing) C. Density Increase (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rate units shall be at least half fifty percent (50%) and no more of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 15, Planned Unit Development and Article 14, Site Plan and Conditional Use Review. Section 13.24 Retaining Walls A. General Requirements. In this section, a retaining wall shall be distinct from a fence or wall. B. Specific Requirements. All retaining walls shall be subject to the following requirements: (1) All retaining walls shall require a zoning permit from the Administrative Officer. (2) A retaining wall shall be erected within the boundaries of the applicant's property and shall be set back at least five (5) feet from all property boundaries. (3) No part of any retaining wall shall be placed in such manner as to visually obstruct vehicular or pedestrian traffic. If determined necessary by the Administrative Officer, the placement of retaining walls near the corner of a property at the intersection of two roads shall provide for a clear vision area defined as a triangular area formed by the right-of-way lines at points which are thirty (30) feet distant from the intersection of the right-of-way lines and measured along such lines. (4) A retaining wall over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review, and shall include a demonstration by a certified engineer that the retaining wall is structurally sound to serve its intended purpose. (5) Retaining walls shall be maintained in a safe and substantial condition. 14 Land Development Regulations Approved by the City Council 12/21/2009 14.05 Application, Review, and Approval Procedure D. Application for Site Plan. Development data: (b) One set of preliminary plans, elevations, floor plans, and sections of proposed structures showing the proposed location, use, design and height of all structures, roads, parking areas, access points, sidewalks and other walkways, loading docks, outside outdoor storage areas, sewage disposal areas, landscaping, screening, site grading, and recreation areas if required. Plans shall also show any proposed division of buildings into units of separate occupancy and location of drives and access thereto. (1) Adopted this day of , 2009 City Clerk Mark Boucher, Chair Sandra Dooley, Vice Chair James Knapp, Clerk Meaghan Emery, Councilor Francis Murray, Councilor 15 Bartlett Brook Watershed Overlay (Existing and Revised) -.., ,__ ,, - t-,2r4zram-r-.--- kv,. ' i \ . 1 1R� 111i�;J ., y�, ■ il STONEHEDGE i ! 1-.1 i..:j _ al 6147% ,,,-.1 OOr. 111Pliii RCH•- � `1 _ `` CO-.da ;�R s , -4, ';.\--.11:31**.":7:-.14-141 . 1 _ / . WA � ii 4 r=- SCC5TSDALE RD Pnaaclp , X. a IMPERIAL DRp �'.-)i,, - us ut�r + �;� illa ' w Li B ING RD .___ # ■ {i7-{OLME - LDXDR rf<-: r --,_: 1: _ -7` ;i• a ■ il/311111 -I 1 1 C _-1 _— � ? Q NO�yLANp. _ _. ; ! 1 i O , y _ -r we 1 cc s� - 'I , w •Y tv o Et a i r, w i j // t y A L RUN P EPSRNT YYY a'. UP rtEPT N m __I 1 I , ) �- j { t � I ,--3 \i, SORT t -----\ CAL r{ ,i 1 } 1 4 7,-- ;�_, i ,y- 11 - \AV'RD I , ' E I' HARBOR ; - —��. }_.-,�;; ENE IgV-r _I— r STI DR , t AI N 0I. i•s r W \!E ! i, j��,IG ` S \-- L J K. 0 500 1,000 2,000 3,000 4,000 1 Feet southi i'I to PLAMNl9G &ZONIS& Sandra Lindberg 52 Pinnacle Drive So. Burlington, VT 05403 December 7, 2009 Mr. Charles Hafter, City Manager City of South Burlington 575 Dorset St. South Burlington, VT 05403 Dear Mr. Hafter: I wish to resign from the Board of the South Burlington Library, effective immediately. My resignation does not indicate a lack of support for the Community Library, the Library Director, or the current leadership of the Board. I have accepted the Presidency of another organization and need to focus my efforts on that for the remainder of my term. I am confident that there will be some new enthusiastic people who will be able to serve the Board well. Sincerely, J Sandra Lindberg cc: Louise Murphy 641 south : w , hn Charles E. Hatter, City Manager December 18,2009 Chair and City Council South Burlington, VT 05403 Re: Consideration of appointment of city representatives to condominium Executive Board To All Members: Following the approval of the Condominium documents for 19 Gregory Drive at the special council meeting on December 14, 2009, the Council asked me to prepare a recommendation as to the two City appointments to the Condo Executive Board. At this time, I would like to recommend that the City's two members be the Chief of Police and the Assistant City Manager. Sincerely, 02`-j1- ;,94 Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Page 1 of 2 Mark Boucher From: Mark Boucher Sent: Thu 12/10/2009 12:54 PM To: Meaghan Emery; Frank Murray; James Knapp; Sandy Dooley Cc: Chuck Hafter Subject: RE: City Manager Search Committee Attachments: More updates-A library trustee and John Everitt Regards, Mark L Boucher 20 Knoll Circle South Burlington, VT 05403 From: Mark Boucher Sent: Wed 12/9/2009 9:08 PM To: Sandy Dooley; Meaghan Emery; Frank Murray; James Knapp Cc: Chuck Hafter Subject: RE: City Manager Search Committee Here's an update: Regards, Mark L Boucher 20 Knoll Circle South Burlington, VT 05403 From: Mark Boucher Sent: Wed 12/9/2009 8:46 AM To: Sandy Dooley; Meaghan Emery; Frank Murray; James Knapp Cc: Chuck Hafter Subject: City Manager Search Committee To date I have the following requests for participation in the search committee: Citizens: 13 Chris Smith; Michele Kupersmith; 1e..e4, c oK� _ fc.jl -IL S-><P Jaime Heins; Ted Riehle; 3 Cr,45ot\ Joan Boehm; /' Bill Stuono; 3Dt Marcel Beaudin; MJ Reale; Dan O'Rourke; Stephen Dates; and A Library Trustee Department Managers: —'- Doug Brent Donna Kinville https://mail2.sburl.com/exchange/mboucher/Sent%20ltems/RE:%20City%20Manager%2... 12/21/2009 Page 2 of 2 School Administration - John Everitt Thanks, Mark Mark L Boucher 20 Knoll Circle South Burlington, VT 05403 https://mail2.sburl.com/exchange/mboucher/Sent%20ltems/RE:%20City%20Manager%2... 12/21/2009 �s southburtington Charles E. Hafter, City Manager December 18, 2009 Chair and City Council South Burlington, VT 05403 • Re: Review of proposed language for ballot items and proposed charter amendments for March, 2010 ballot; Set public hearing dates for charter change hearings To All Members: Attached are drafts of the proposed language for the ballot questions for the March ballot. The language has been prepared by the City attorney. The proposed questions are: • Annual budget approval • Use of Conservation Tax Levy • Use of Funds for Road Improvements • Charter change on budget approval process • Charter change on Australian ballot requirements I have included a timeline for approval of charter changes. The Council should set the hearing dates for the two hearings tonight, although the language can be finalized at the next meeting,if necessary. I would prefer alternative dates from those recommended by Steve Stitzel and will contact him to determine our flexibility prior to Monday night. Sincerely, (q Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Proposed March, 2010 City of South Burlington Ballot Questions: APPROVAL OF CITY BUDGET Shall the City adopt the City Council's proposed budget for FY 2010-2011 totaling $22,151,098 of which it is estimated $ $9,802,828 will be raised by local property taxes? MODIFICATION OF USE OF ANNUAL CONSERVATION TAX LEVY Shall the voters authorize expenditure, on an annual basis, of not more than five percent (5%) of the annual tax levy for the Conservation Fund approved by the voters at the Annual City Meeting on May 16, 2000 to pay for maintenance of and conservation activities on City-owned open space in South Burlington? u . CI' FUNDS for ROAD IMPROVEMENTS Shall the voters fund a portion of the cost of repaving and repairing City streets in FY 2011 with $130,000 of City Rooms and Meals Tax revenues and $80,000 of fees collected from persons performing private work within the limits of City streets? 4. Charter question of budget process: See attached language from Attorney 5. Charter question on floor votes: See attached language from Attorney Proposed Charter Amendments: 503. Special city and school district meetings Special city meetings, and special school district meetings, shall be: called in the manner provided by the laws of the state, and, except as provided below, the voting on all questions shall be by the Australian ballot system. The council or board of. school directors may, if action on a s-: ecific matter may not be delayed for consolidation with an Australian ballot vote on other matters_ because of unanticioated circumstances, conduct the vote on the floor of a meeting of city voters if a vote in such manner is authorized under general law. § 13-110. Annual city report The annual city and school district reports shall be made available and noticed to the legal voters of the city and school district: _ __t �� .I : � L not later than twent7 .;20) days prior to the annual city and school district meeting March 1 . § 13-1302 . Preparation and submission (a) The city manager and superintendent of schools shall prepare the budgets for the city and: school district, respectively, and. submit same to the council and:. board of school directors at such time as required by said boards . The budgets shall contain: (b) The council and the board of school directors shall cause copies of the proposed budgets to be delivered to each member of the steering committee forthwith after the final preparation of said budgets, but not less than GO 45 days prior to the date of the annual city, and school district meeting. The steering committee may hold a meeting for the review of such budgets, giving notice; of the meeting as required in Section 1102 subchapter 10. an.:a the 5c ut i Lur ling ..;an c .Jl i,;tri ,'; No less than 45 35 days prior to the annual city and school district meeting, the. steering committee may submit to the council and the board of school directors its report and: recommendations concerning the proposed budgets. (c) The tix, the time and i� T1 1`1 L- II3.( r.: 119,4,x'j•ng on the bhdlet6 tci the of t y o the ch l �z, all., shallive .notice 'of tie hea,Ll ag at 1e.a3t 1_0 days • =0 I"t' mnjire than , i/ 1 J�"� ho .,T atc. of the annual city..Nn,i t5c, 1 . iu"tri �; mt!, inq, , The council shall warn then ieview the city budget for submission to the voters not less than 30 days before the annual_ city meeting - y ,i cI aojj, and in the same manner the board of school directors shall warn review its budget and approve it for submission to the voters, with o1„ w'LCia...�,L..t. u�lariq § 13-1303. City and school district annual meeting warning and budget The proposed budgets of the city and school district shall be .. , stri_,ua c made available to the legal voters of the city and school district at least 10 days before the annual city and school district meeting ; �t, .l.i.c he ,f z cart do the :1u 1 Not more than forty (40) nor less than thirty (30) days ',prior to The warnings for the annual city and school district meeting, notice shall be published in a newspaper having general circulation within the city informing voters, of the date of a public hearing on the budgets and availability of the warnings for the annual city and school district meetings, the ororosed city and school district budgets and the city and school district annual resorts- ,)1. by cl c..--.tr aic Iiicarl`>, at lcaz„,t 10 ,-,-„;a Li ., c C,,'). the 4 d e o ; h(' hnu al rl,eetings and t e Zuf,gets' t,DE the. -city and schc,31 h .:uti,1 j hc� . The council and the board of school directors shall hold a public'hearing on their. ,rescective budgets not more than 10 days before the annual city and school district meeting . NOTICE OF PUBLIC HEARINGS ON PROPOSED CITY CHARTER AMENDMENTS CITY OF SOUTH BURLINGTON The, Council of the City of South Burlington hereby gives notice that public hearings will be held on January , 2010 . and February' , 2010, both hearings to begin at 7 : 00 PM and to be held at the South Burlington City Hall at 575 Dorset Street to consider proposed amendments to the charter for the City of South Burlington. PROPOSED CITY CHARTER AMENDMENTS Shall the voters amend the following sections of the City Charter: § 503. Special city and school district meetings 13-110 . Annual city report § 13-1302 . Preparation and submission [of budgets] § 13-1303. City and school district annual meeting warning and: budget The complete text of the proposed amendments is available for review on the City' s Web Site, www. sburl .com, and at the City Offices at 575 Dorset Street during` normal business hours. Dated at South Burlington, Vermont this day of 2009 CITY OF SOUTH BURLINGTON Charles E. Hatter, City Manager Received and posted this dayof � 2009 , Donna Kinville, City Clerk In Page l of l From: Steven Stitzel <SStitzel@firmspf.com> To: Charles Hafter <chafter@sburl.com> Subject: Charter Adoption Schedule Below is a schedule of"no later than" dates for action on the City Charter amendments. December 29th Latest day to post public hearing notice for hearing on January 29th 40°4— January 19th-29th Post Warningfor Annual CityMeeting January 29th Latest day to hold first public hearing February 9th Potential day for second public hearing February 10th Latest day to modify charter changes March 2nd Annual City Meeting Steven F. Stitzel, Esq. Stitzel, Page & Fletcher, P.C. 171 Battery Street P.O. Box 1507 Burlington, VT 05402-1507 Telephone: (802) 660-2555 Fax: (802) 660-2552 www.firmspf.com This Electronic Mail transmission and any accompanying documents contain information belonging to the sender which are CONFIDENTIAL and legally PRIVILEGED. This information is intended only for the use of the individual or entity to whom this transmission was addressed, as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action taken in reliance on the contents of the information in this transmission is strictly prohibited. If you have received this transmission in error, please reply to the sender at 802-660-2555 or the above address and delete this message and all attachments from your storage files. Thank you. No virus found in this incoming message. Checked by AVG - www.avg.com Version: 9.0.717 /Virus Database: 270.14.113/2573 - Release Date: 12/18/09 02:35:00 Printed for Charles Hafter<chafter@sburl.com> 12/18/2009 4110 %,41110 south urtington December 4, 2009 Charles E. Hafter, City Manager Chair and City Council South Burlington,VT 05403 Re: Consideration of charter amendment proposals from City Charter Committee To All Members: The City Charter Committee met to consider two amendments to the City Charter. Due to unavoidable absences, and committee vacancies, only Bill Cimonetti was able to attend. We discussed two amendments to the City Charter to address issues which have recently arisen. First is the need to redefine the budget approval process to work more effectively with a March vote,rather than a May vote. The approval process also should be more effective in encouraging public participation than the current process which was based on the approval mechanisms prior to the charter amendment to require a public vote on the budgets. By requiring certain warned legal meetings too early,the budget approval process concludes before citizens are even thinking about public budgets. The attached charter amendment complies with state law and puts South Burlington in line with other municipalities throughout the state. The school administration has reviewed this proposal and agrees. A second amendment addresses the requirement to have an Australian ballot on every question that comes before the voters. As you are aware,the timing of the federal stimulus money forced the City to hold two votes (one by voice and one by Australian ballot reconfirming the voice vote)to obtain the funding.Not were efficient. The attached amendment addresses this issue. Please discuss. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Charter Change Proposal Budget Preparation and Approval Timeline The current charter budget approval timeline is based on old charter language that envisions a May ballot date and did not require a public vote if spending limitations were met. Thus, the ley avenue for public input was the budget public hearing which was set at an early date to allow amendments based on public input as the budget was not voted upon. With the change in the charter to allow public vote,the current budget timeline language results in a process that starts too early to encourage public participation. The requirement for a public vote also allows us to realign the charter to match general state requirement. Current Proposed Budgets to steering committee 60 prior to vote 45 days prior to vote Optional SC meeting and warning 30 days prior 30 days prior Budget mailed to residents 10 days prior to PH 10 days prior to PH 50 days prior to vote 20 days prior to vote Public Hearing 40 days prior to vote 10 days prior to vote The schedule would be more in line with the needs for a March vote: Budget to SC 45 days before vote Warning approved by Boards 30 days before vote Budget mailed to homes 20 days prior to vote Public Hearing 10 days prior to vote Newspaper publication 10 days prior to vote southburlington Charles E. Hafter, City Manager December 18,2009 Chair and City Council South Burlington, VT 05403 Re: Consideration of appointment of city representatives to condominium Executive Board To All Members: Following the approval of the Condominium documents for 19 Gregory Drive at the special council meeting on December 14, 2009,the Council asked me to prepare a recommendation as to the two City appointments to the Condo Executive Board. At this time,I would like to recommend that the City's two members be the Chief of Police and the Assistant City Manager. Sincerely, Chuck Hafter City Manager 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com Sandra Lindberg 52 Pinnacle Drive So. Burlington, VT 05403 December 7, 2009 Mr. Charles Hafter, City Manager City of South Burlington 575 Dorset St. South Burlington, VT 05403 Dear Mr. Hafter: I wish to resign from the Board of the South Burlington Library, effective immediately. My resignation does not indicate a lack of support for the Community Library, the Library Director, or the current leadership of the Board. I have accepted the Presidency of another organization and need to focus my efforts on that for the remainder of my term. I am confident that there will be some new enthusiastic people who will be able to serve the Board well. Sincerely, `� Sandra Lindberg / cc: Louise Murphy