HomeMy WebLinkAboutAgenda - City Council - 12/20/2010 -47
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VERMONI
AGENDA
SOUTH BURLINGTON CITY COUNCIL
City Hall Conference Room
575 Dorset Street
SOUTH BURLINGTON,VERMONT
Executive Session 6:00pm Monday,Dec. 20, 2010
1. Consider entering executive session to discuss personnel matters, contract negotiations,possible legal
action and possible property acquisition.
Regular Session 7:00 P.M. Monday,Dec. 20, 2010
1. Comments and Questions from the public not related to the Agenda.
2. Announcements and City Manager's Report.
3. Appointment: Bob Rusten,Assistant City Manager, as Assistant City Treasurer.
4. ***South Burlington Retirement Income Plan: Investment Strategy Presentation: Marion Griffin,
VP, Investment Strategy, Prudential.
5. ***Ratification of the tentative agreement with the following unions:
a. SBCH&PWEA(City Hall/Public Works)
b. SBPOA(Police Dept)
c. IAFF (Fire Dept)
6. ***Discussion on the following stormwater topics:
a. Acceptance of Quarry Ridge Irrevocable Offer of Dedication
b. Discussion of Stormwater Special Assessment Districts for March Ballot
c. SIWRF Grant Application for Hayes Avenue Stormwater Improvement Project
d. Continued Discussion of Winding Brook State Stormwater Permit Transfer
e. Update on Draft Changes to City's MS4 Permit
7. ***First reading of Amendments to the Land Development Regulations. (Suggest Public Hearing to
be scheduled January 18, 2011).
8. *** Consideration of the Natural Resource Committee's recommendation regarding the naming of
1100 Dorset Street.
9. ***Affirm decision of July 19, 2010 to approve easement purchase on Goodrich property of$60,000.
10. *** Approve the Errors and Omissions to the Grand List for 2010.
Authorize an application to the Vermont Municipal Bond Bank to re-fund the South Burlington
Retirement Income Plan's unfunded pension obligation. .
12. Approve Employees' Contributions for Overtime to the South Burlington Retirement Income Plan
from Nov. 24 payroll and prospectively from that date.
13. Affirm the City Council's decision in April 2010 to provide former City Manager Hafter with his City
provided laptop and printer upon his retirement.
14. ***Review and approve minutes from the meetings held Nov. 29 &Dec. 6 &13, 2010.
15. Sign disbursement orders.
16. Consider entering executive session to discuss personnel & contract negotiations.
17. Adjourn
Respectfully Submitted:
Sanford I. Miller, City Manager
. T
CLte o f SOGtth guYCLr�GJtov�
R Todd LeBlanc, Assessor
575 Dorset Street
South Burlington
VT 05403
846-4103
December 1, 2010
To: South Burlington City Council
Re: 2010 Grand List Errors & Omissions
Dear Council Members:
It is now the end of 2010 and with it the close of the 2010 Grand List. As is inevitable, there were errors or
omissions in the Grand List (see attached).
State Law allows for the City to make changes in the Grand List due to Errors and Omissions (E& 0) up until
December 30 each year. In finalizing the Grand List for the City of South Burlington I am noticing you of the
list of properties which have needed corrections through the E & 0 process.
It is my recommendation that you approve the changes to the 2010 Grand List under the Errors & Omissions
provision as set forth in title 32 of the Vermont State Statutes.
Title 32, chpt 4261 states that
"When real or personal estate is omitted from the grand list by mistake, or an obvious error is
found, the listers, with the approval of the selectmen, before December 31, may supply such
omissions or correct such errors and make a certificate thereon of the fact."
Errors& Omissions include, but are not limited to, property listings that contain incorrect or missing
information, changes in Current Use values, Veterans Exemptions, and obvious mistakes in values. Values may
rise, stay the same, or decline depending on the error. In some cases the new corrected values may be changes
to taxable status.
Sincerely,
K
R Todd LeBlanc
Assessor
1) List of Homestead Declaration changes.
These entries are results of Homestead Declaration Form HS-122 that were filed with the Tax
Department after the 2010 Grand List was set for billing in July. This also includes any changes
made to previous Homestead declarations received from Tax Department.
(See Attachment 1)
2) List of Homestead& Housesite value changes.
These entries are results of Homestead Declaration Form HS-122 that were filed with the Tax
Department after the 2010 Grand List was set for billing in July. These entries resulted in a
change in Homestead, and/or Housesite values due to business and/or rental use.
(See Attachment 2)
3) List of corrected ownership information.
These entries are results of errors in the Grand List due to missed transfers and/or inaccurate
Property Transfer Tax Returns.
(See Attachment 3)
4) List of property that is now non-taxable due to change in ownership.
Small parcel was bought by Faith Methodist Church which is not a taxable entity.
(See Attachment 3&4)
5) List of Current Use Changes.
List of property that is in the Current Use Program and that has been changed due to the program
information being received from the State after the 2010 Grand List was set for billing. The
Current Use program is severely under staffed which results in delays.
(See Attachment 5)
J
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 3
01:58 pm HS-122 On/Off Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
1408-00061. 10587 AGUILA RENE & ELSA On now, Off last year
1190-00031. 10166 AMBLO CHARLES E JR & JOLANTA T On now, Off last year
1260-00050. 10210 ARMSTRONG BRIAN T On now, Off last year
1338-00058. 10287 BAECHLE TIMOTHY & LYNNE On now, Off last year
1560-00123. 10306 BAKER W SPENCER & NANCY L On now, Off last year
1200-00026. 10340 BARNEY GILBERT L & PAULINE T On now, Off last year
0670-00370.312 17147 BASKE JANIS R On now, Off last year
0700-000A5. 13583 BILODEAU MICHAEL On now, Off last year
1660-000J3. 10679 BOUCHER SUSAN M On now, Off last year
1330-00030. 11355 BOYER DANIEL & MICHELLE On now, Off last year
1787-00002. 10735 BRADY PATRICK & ELLIE On now, Off last year
1010-00029. 12617 BROWNELL LAUREN On now, Off last year
1640-01835. 11001 CALKINS PATRICIA C TRUST On now, Off last year
1225-00016. 11029 CANNING JAMES C & JOAN F LIFE ESTATE On now, Off last year
1060-00039. 11047 CARLSON CARL A & CAROL R On now, Off last year
1660-000J8. 11056 CARNEY T PETER & JANE S On now, Off last year
0260-00046. 11104 CASSIDY MICHAEL R On now, Off last year
0005-00022. 11112 CATALANO DONALD M On now, Off last year
0170-00015. 11142 CHAMBERLAND NANCY S On now, Off last year
0480-00034. 11202 CHASE CHRISTOPHER R & SANDRA BRUNNER On now, Off last year
0678-00021. 12896 COEL MARK & DEBRA On now, Off last year
1640-01971. 15948 COSTANTINO FRANK On now, Off last year
0970-00100.015 11524 CRONIN SHARON L & JOSEPH P On now, Off last year
0670-00370.306 17141 DALTON DEBORAH On now, Off last year
0510-00018. 13305 DERIDDER HOLLY On now, Off last year
0600-00019. 11770 DINER EVA M LIFE ESTATE On now, Off last year
0545-00027. 11779 DIRMAIER JOHN F & BARBARA S On now, Off last year
1800-00105. 11862 DUBOIS ERNEST G On now, Off last year
0700-000S2. 11867 DUBOIS LAWRENCE P On now, Off last year
1800-319-3. 11949 ECHO CURTIS R JR & CAROL W On now, Off last year
1670-00066. 11978 ELLIOTT OLIVE M On now, Off last year
1330-00032. 11962 ELS DAVID E & SUSAN M On now, Off last year
1800-00211. 11993 EMERY ELWIN E & INGEBORG On now, Off last year
0020-00121. 11482 ESPINOLA DONNA & CELESTINO & JEFFREY On now, Off last year
0695-00514. 14505 FARRELL WILLIAM H III On now, Off last year
1667-00101. 16902 FAUCHER MARC R & MARGARET A On now, Off last year
0490-00136. 12121 FILION DENNIS J & JONNIE M On now, Off last year
0575-00017. 12158 FISK DOROTHY N & WILLIAM 0 On now, Off last year
0490-00104. 12168 FITZGERALD JULIE M On now, Off last year
0670-00410.117 17525 FURIS MADALINA On now, Off last year
1750-00200. 12303 GAGE DAVID F & KATHY J On now, Off last year
0925-00036. 12317 (ATLANT JANICE, TRUSTEE On now, Off last year
0810-00138. 13253 GAMACHE KIMBERLY A On now, Off last year
0670-00410.119 17527 GAUTHIER NORMAN & MARY On now, Off last year
0295-00034. 12399 GIARD-CHASE ANN On now, Off last year
0100-00051. 12430 GILMARTIN GREGORY M & JUDITH D On now, Off last year
0820-00011. 12439 GIRARD DANIEL E & DENISE D On now, Off last year
1223-00115. 10663 GRIFFITH SANDRA On now, Off last year
0695-00315. 12673 HALL C ROBINSON TRUST On now, Off last year
0945-00069. 10812 HALLAS MATTHEW LAURENCE On now, Off last year
1140-00006. 13769 HARDY PATRICIA ANN On now, Off last year
0
12/01/2010 So Burlington 2010 Billed Grand List Page 2 of 3
01:58 pm HS-122 On/Off Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
0255-02303. 11121 HITT CONSTANCE E On now, Off last year
0255-01402. 12429 JENNINGS DAVID K & MARY E On now, Off last year
0110-00005. 16054 KANELOS MICHAEL R & KELLY J On now, Off last year
0295-00006. 13401 KUENTZEL WALTER & VALERIE On now, Off last year
0800-00051. 13477 LAMBERT LYNWOOD L On now, Off last year
0895-00140. 17266 LAWES DEAN M & JOANNE B TRUST On now, Off last year
1330-00010. 13749 LIDOFSKY STEVEN On now, Off last year
0297-00132. 13785 LLEWELLYN LANCE A On now, Off last year
0970-00100.025 13796 LONERGAN MARTHA K On now, Off last year
0420-00021. 14048 MAYETTE WILLIAM J & JANET G On now, Off last year
0810-00174. 15615 MCINTIRE AMANDA MARIE On now, Off last year
1360-00008. 14222 MCLAUGLIN KATHLEEN M On now, Off last year
1195-00030. 14282 MERRICK BENTLEY & SUSAN On now, Off last year
1338-00057. 14789 MILLER CHARLES R & WILLETTS TARA K On now, Off last year
1740-00047. 14463 MOSHER CHRISTINE E On now, Off last year
1338-00050. 16573 NAHAR RAHUL & APARNA On now, Off last year
0945-00295. 14597 NIKOLAEV ALEXANDER & TAMARA On now, Off last year
0140-00004. 14606 NORDELL RACHEL L & PETER G On now, Off last year
0580-00018. 11026 O'BRIEN KATHLEEN & PATRICK On now, Off last year
1390-00060. 10034 ORVIS RYAN S On now, Off last year
1390-00056. 13244 PELLEGRINI SCOTT & LUCY On now, Off last year
0677-00025. 16824 PILLSBURY GEORGE & CELINE TRUST On now, Off last year
1260-00051. 15249 RENDALL DONALD J JR & SANDRA S On now, Off last year
0230-00013. 12299 RICHARDSON KARL On now, Off last year
1790-00012. 15284 RICKARD PATRICIA L, TRUST On now, Off last year
1640-00495. 15290 RIEHLE PARKER M & DEIDRE S On now, Off last year
0400-00016. 14843 RINDER ROSA GARCIA On now, Off last year
0297-00181. 11789 SACHDEVA DEVINDER & NITTI On now, Off last year
0985-00046. 15618 SAPPO JOHN On now, Off last year
1185-00011. 10414 SAUNDERS DANIEL & PATRICIA G On now, Off last year
1660-000A2. 15546 SAWYER THOMAS C & JULIE M On now, Off last year
1420-00124.028 10297 SENIOR RANDY & SHAUN On now, Off last year
1760-00018. 15640 SHATTUCK FORD W & KATHLEEN W On now, Off last year
0130-00080. 13075 SIROTKIN MICHAEL D On now, Off last year
0150-00302. 16141 SKOPLJAK MIRSAD On now, Off last year
0130-00069. 15904 STARR MICHELLE M On now, Off last year
0670-00410.303 17549 STEVENS DANA On now, Off last year
1510-00012. 15934 STEWART DONALD R & GEORGIA D On now, Off last year
0620-00017. 15567 STINE GREGORY C & SHARON M On now, Off last year
0923-00071. 10135 STOCKS WILLIAM On now, Off last year
0500-00031. 13354 STODDERT SANDRA S LIFE ESTATE On now, Off last year
1032-00069. 15979 STUART NONI On now, Off last year
0840-00015. 17218 TA DUC On now, Off last year
1390-09-11. 16031 TAFT DAVID R On now, Off last year
0860-00290. 15531 TRIEBEL LANCE E On now, Off last year
0330-00110. 16219 TURNER MICHAEL GORDON On now, Off last year
0160-00082. 16385 WALKER DOUGLAS L & DAWN P On now, Off last year
0810-00083. 16389 WALKER SALLY K & DAVID H CO-TRUSTEES Off now, On last year
0610-00072. 16416 WANG QINGBIN On now, Off last year
1740-00068. 16428 WARD RONALD P On now, Off last year
1640-01855. 15643 WESTERGARD MARK S On now, Off last year
12/01/2010 So Burlington 2010 Billed Grand List Page 3 of 3
01:58 pm HS-122 On/Off Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
0615-00101.205 17002 WOLF PAUL On now, Off last year
1420-00124.026 12297 WRIGHT MATTHEW G On now, Off last year
1640-01402. 16733 YOUNG LINDA & DAVID On now, Off last year
1338-00024. 16741 YU JUN & MIAO LIMIN On now, Off last year
Total Records: 106
i4n61,c4,,,,Ji A 2---- e
12!01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:11 pm HS-122 Homestead Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Category Current Homestead Previous Homestead Difference
0945-00147. 15938 BOWMAN JANE 0 227,160 252,400 -25,24(
1800-319-3. 11949 ECHO CURTIS R JR & CAROL W R1 154,900 237,400 -82,50(
0490-00104. 12168 FITZGERALD JULIE M R1 180,400 259,300 -78,90(
1770-5A-5B. 14455 MORTON DAVID W & JANE E R1 210,900 266,500 -55,60(
1240-00078. 11520 PAN BINGHUI R1 294,000 156,900 137,10(
1790-00012. 15284 RICKARD PATRICIA L, TRUST R1 242,500 396,600 -154,101
0573-00023. 15772 SMITH JAMES P & JUDITH A LIFE ESTATE R1 227,200 197,500 29,70(
1032-00069. 15979 STUART NONI 0 256,452 298,200 -41,741
1390-09-11. 16031 TAFT DAVID R R1 182,000 272,700 -90,70(
0610-00072. 16416 WANG QINGBIN R1 344,300 393,400 -49,10(
Total Records: 10 -411,081
12./01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:11 pm HS-122 Housesite Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Category Current Housesite Previous Housesite Difference
0945-00147. 15938 BOWMAN JANE 0 227,160 252,400 -25,24(
1800-319-3. 11949 ECHO CURTIS R JR & CAROL W R1 154,900 237,400 -82,501
0490-00104. 12168 FITZGERALD JULIE M R1 180,400 259,300 -78,901
1770-5A-5B. 14455 MORTON DAVID W & JANE E R1 210,900 266,500 -55,60(
1240-00078. 11520 PAN BINGHUI R1 294,000 156,900 137,101
1790-00012. 15284 RICKARD PATRICIA L, TRUST R1 242,500 396,600 -154,101
0573-00023. 15772 SMITH JAMES P & JUDITH A LIFE ESTATE R1 227,200 197,500 29,70(
1032-00069. 15979 STUART NONI 0 256,452 298,200 -41,74E
1390-09-11. 16031 TAFT DAVID R R1 182,000 272,700 -90,701
0610-00072. 16416 WANG QINGBIN R1 344,300 393,400 -49,101
Total Records: 10 -411,08E
12•;01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:09 pm HS-122 Name Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Name Change
0790-00008. 11676 DELLERANNA J - LIFE ESTATE
Name 1 is DELLERANNA J - LIFE ESTATE was DELLER MICHAEL & LEWES
0570-00911. 17749 FAITH UNITED METHODIST CHURCH OF S BURL
Name 1 is FAITH UNITED METHODIST CHURCH OF S BURL was DUFF WILLIAM S ,O/ c.i/ ,/
Name 2 is was CAULO JOHN C �,(
1660-00081. 14590 NIEDERMEIER RUDOLPH H
Name 1 is NIEDERMEIER RUDOLPH H was FIRMENDER STEPHEN TRUST
Name 2 is FIRMENDER STEPHEN W TRUST was
0850-00045. 17760 SHALNA ALGIMANTAS & NERINGA
Name 1 is SHALNA ALGIMANTAS & NERINGA was MCDOUGAL THADDEUS
Name 2 is was FRATAMICO JAMIE
1660-000G1. 12767 WILLIAMS PATRICIA H
Name 1 is WILLIAMS PATRICIA H was HARVELL PATRICIA H
Total Records: 5
/4//a-4 - 17) OO
' 12101/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:12 pm HS-122 Tax Status Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Tax Status Current Real Previous Real Difference
Curr/Prev
0570-00911. 17749 FAITH UNITED METHODIST CHURCH OF S BURL N/T 0 45,400 -45,40(
Total Records: 1 -45,40(
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
01:58 pm HS-122 Exemption Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Exemption Change
0360-00500. 10320 DOPP SARAH
Land Use Homestead Exemption is 323400 was 0
0360-00495.001 17715 LEDUC MAURICE & MARY LOU
Land Use Homestead Exemption is 138900 was 138800
0360-00300. 17783 WILSON ADAM
Land Use Non-resident Exemption is 304500 was 0
0360-00800. 17757 WILSON ADAM
Land Use Non-resident Exemption is 432700 was 0
Total Records: 4
Memo
To: City Council
From: Tom DiPietro, Stormwater Superintendent
CC: Justin Rabidoux, Sandy Miller
Date: 12/17/2010
Re: Stormwater Topics on December 20, 2010 City Council Agenda
There are six stormwater topics on the City Council agenda for December 20, 2010. Five of them are
the same items that were on the Council agenda for the December 6, 2010 meeting and information on
these topics can be found in that same meeting packet.
For the sixth item we have prepared some information related to how the stormwater utility operates.
This includes a brief discussion of the stormwater utility fee structure, stormwater fund management,
and implementation of stormwater improvement projects. This information will be presented to Council
on 12/20/10, but a brief synopsis is provided below.
The stormwater utility operates in the same was as other utilities that you are familiar with. Those
includes electric, sewer and water utilities. In these cases, fees are collected based on
consumption/use and billed accordingly to customers. In the case of the stormwater utility, fees are
calculated based on the amount of impervious area on a property. The amount of impervious area is
directly correlated to the amount of stormwater runoff generated by a property and this serves as the
basis for the fee. Single family homes pay a flat rate ($4.50/month) and commercial and industrial
properties pay based on impervious area measurements collected through satellite imagery.
The stormwater utility is an "enterprise fund". Revenue collected by the stormwater utility through user
fees cannot be mixed with general fund dollars. In addition, general fund dollars collected through
property taxes should not be used for stormwater utility operations. Stormwater utility expenses are
revisited on an annual basis and the stormwater billing rate should be adjusted as necessary to meet
these expenses.
One of the important tasks that the stormwater utility is charged with is construction of stormwater
improvement projects. In order to construct these projects, the stormwater utility will often work with
interested land owners. Typically, land owners desire to improve their stormwater treatment systems
because of new regulatory requirements that the State of Vermont is likely to impose on properties
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located within stormwater impaired watersheds. Private property owners have additional incentive to
undertake projects because Federal and State grant funding is available to the Stormwater Utility for
design and construction of these projects. This same funding is not available to private property
owners. By partnering with the Stormwater Utility the private property owners are able to reduce their
project costs.
When stormwater improvement projects are undertaken the project cost is divided between the
Stormwater Utility and private property owners based on the percentage of impervious area that each
owns under the project. For example, if a project will cost $100,000 to construct and 25% of the
impervious area is publicly owned then the Stormwater Utility share of the project will be$25,000. The
remainder of the project cost ($75,000)will be paid by private property owners. If the Utility is able to
obtain a grant to offset these costs then the grant dollars are subtracted from the total project cost and
the remaining costs are split between the stormwater utility and private property owners using the same
formula. For example, if the Utility obtains a $75,000 grant to pay for the $100,000 project discussed
above, the remaining project costs are $25,000. Since 25% of the impervious area is publicly owned,
the Stormwater Utility share of the project would be reduced to 25% of the balance, or $6,250. The
private property owners contribution to the project would be reduced to$18,750, (75% of the remaining
costs).
The Utility collects project funding from private property owners in one of two ways. Either a project
agreement is written wherein the private property owners agree to pay the utility their share of the
project costs at the end of construction, or the City establishes a Special Assessment District to collect
the funds over a set number of years. If a Special Assessment District is created it only impacts those
specific properties that are part of the project, no properties outside the district would be assessed, nor
are general fund tax monies used. These properties will be charged for their share of the project plus
interest over a set number of years. These fees will appear on the quarterly utility bills that they already
receive. This is in addition to the stormwater fee that these properties already pay.
I look forward to further discussing the above with you on Monday evening.
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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: December 20, 2010 City Council meeting
The Planning Commission voted on November 30t 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 numbers 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. Staff recommends the City Council proceed by holding a Public Hearing to consider
the adoption of these amendments.
Summary of Amendments to the Land Development Regulations
1. Limited auto sales associated with garages and auto repair businesses:
This amendment would allow for limited auto sales to exist as a part of auto repair
businesses, allowing up to five (5) vehicles for sale on site at any given time, located in a
designated area depicted on an approved site plan. At present garages may not sell vehicles
unless they happen to be located in a zoning district that allows auto dealerships.
2. Adjust standards for fencing, screening, and placement of utility cabinets;
This amendment would eliminate the requirement to both screen and fence utility cabinets;
to have them only be screened with dense vegetation. It would also allow the doors to be
unscreened if not visible from a public road and would allow the cabinets to be located up to
5' from a property line.
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3. Adjust standards for screening of small waste receptacles;
This amendment would clarify that no screening is required for small waste receptacles (ie,
trash&recycling cans, as opposed to dumpsters).
4. Clarify standards for the height of structures in the Rl-Lakeview District, Queen City Park
District, and Lakeshore Neighborhood District
These amendments would simply clarify which standards apply in which zoning districts. In
the past, it was unclear as to which sets of height standards applied in the R1-L and
Lakeshore neighborhood. The city has more strict requirements along Lake Champlain,but
there is some confusing language in the regulations that make it unclear as to which
standards apply in some cases.
This amendment also re-arranges the LDRs to put all height requirements and standards into
a single place in the regulations, and adds heights to the table of dimensions at the back of
the regulations.
S. Fence height in the RI-Lakeview District, Queen City Park District, and Lakeshore
Neighborhood District
This amendment restricts the height of fences in the Queen City Park, Lakeview, and
Lakeshore districts to 4' (no permit required) or to 6' if the fences are no more than 50%
opaque with receipt of a permit. The current regulations allow for fences of up to 8' with a
zoning permit, and allows taller fences with approval of the DRB. The PC received a
petition from nearly 20 residents in the Bartlett Bay neighborhood in support of a fence
height restriction.
6. Revise standards for group homes to be consistent with State Law;
These amendments would remove the requirement for site plan review from Group Homes
serving eight or fewer residents, to be consistent with state law. Under State law, Group
homes serving this number of residents are considered to be single family uses of land, and
are therefore not subject to Site Plan review(so long s they are at least 1,000 feet from one
another). Our amendments are devised to be consistent with state law.
7. Revise standards for accessory dwelling units to be consistent with state law and allow
greater flexibility for resident-owners;
These amendments would remove the requirement for site plan review from accessory
dwelling units and clarify the size of units to be consistent with state law (24 VSA Ch. 117).
They would also allow the owner-occupant to live in either the accessory unit or the
principal unit. On this point, the Planning Commission hosted significant debate. State law
requires that for a property to have an accessory apartment,the principal unit must be owner
occupied. The law also allows, however, for a local regulation to be less restrictive than the
state law, in this case, allowing an owner-occupant to live in the accessory unit. Several
towns and cities around the state have done this previously. The Planning Commission's
intent was to allow for a little additional flexibility for a homeowner to be able to stay on
2
their property and not have to sell their home if they do not need all of the space or cannot
afford to pay mortgage on the principal structure by themselves. A single retired person, for
example,may want to live in a one-bedroom accessory unit, while keeping ownership and
renting out the single family home to a young family on the same property. The Planning
Commission did want to relay to the Council that there was significant debate on this topic,
and that the public was not unanimous in its sentiments on the subject. The Planning
Commission did,however,vote to support this change unanimously.
8. Clarify the number of single family homes permitted on a private right-of-way or road;
This amendment would create internal constancy within the Land Development regulations
to be consistent with amendments passed in recent years.
9. Clarify standards for location of parking on a parcel;
These amendments would further clarify amendments passed in 2009 with respect to corner
lots, odd-shaped buildings, and general description of standards. The intent remains
consistent with the amendments passed in 2009.
10. Clarify requirements for the placement of homes in the Southeast Quadrant Natural
Resource Protection Sub-District;
Last fall, the PC approved a series of amendments to this section. They were turned back by
the City Council due to a lack of clarity in defining how proposed development in the SEQ-
NRP must not"compromise any conservation values in the Comprehensive Plan."The
Planning Commission agreed with this assessment and is proposing a two-tiered approach to
the solution.
Step one would be to clarify some confusing language concerning when SEQ-NRP land can
be subdivided and/or developed at all. That is something we can correct relatively easily and
immediately, and which the Planning Commission feels is important to act upon as quickly
as possible.
Step two would be to develop better standards and definitions for"conservation values." We
were successful in a recent grant application to the State of Vermont to get funds to develop
solutions to this exact problem. Staff is preparing a request for proposals on this project,but
the project won't be completed until the late spring at the earliest.
The present amendments would clarify the following items:
(a) A lot that is mostly or entirely within the SEQ-NRP may apply to place 1 house
on the land if the lot is less than 15 acres in size, and up to 3 houses if the lot is at
least 15 acres in size. This has been staff's interpretation, but the language is not
entirely clear.
(b) A lot of 15 acres of more,which allows for up to 3 lots (and homes on those lots)
to be created in the NRP, must have the dwelling units clustered, and may only
be created if the lot does not have sufficient land in a non-NRP zoning district to
build the homes there. This appears to have been the intent of the existing
3
language,but is not well defined. The amendments also clarify what happens to
if only 1 or 2 homes can be built in a non-NRP subdistrict.
11. Adjust standards for types of fencing permitted in the Southeast Quadrant Zoning district;
At present, Planned Unit Developments in the Southeast Quadrant may not have chain link
fencing. This amendment would permit chain link fencing for recreational facilities such as
baseball diamonds,basketball courts, tennis courts, and dog parks, so long as they are plastic
coated in either green or black(to blend with the landscape), and that they meet all other
fencing requirements of the Land Development Regulations. This requirement would then
be extended to all properties,not just PUDs.
12. Clarify the number of proposed housing units triggering Master Plan review in the
Southeast Quadrant;
This amendment would create internal constancy within the Land Development regulations
to be consistent with amendments passed in recent years.
13. Adjust boundaries of the Southeast Quadrant NRP, NR, and VR subdistricts along
Hinesburg road;
This map amendment would adjust the boundaries of the three applicable subdistricts to
allow for a more "curvilinear"development pattern in the area while at the same time
enhancing wetland buffer areas. See the attached map for details. The Planning Commission
examined these adjustemtns carefully and found that there would be no change in the
amount of land in any of the zoning subdistricts.
14. Generally amend definitions and tables associated with proposed amendments;
These amendments would adjust definitions to be consistent with the other proposed
amendments.
15. Licensed, non-residential child care facilities.
This amendment would allow these facilities as a permitted use in the Allen Road, Swift
Street, and Mixed Commercial-Industrial district, Industrial-Open Space Districts. The
Planning Commission has received a handful of requests for this change, to allow new child
care facilities near to employment.
16. Generally revise the Flood Plain Overlay District standards and requirements to be
consistent with Federal Law.
The draft amendments consist of a series of changes to ensure our continued eligibility to be
in the National Flood Insurance Program. These changes include repeating some language
directly from Federal statute, clarifying a few discrepancies between Federal and State law,
and reflecting a handful of recommended practices concerning flood protection. It also
includes the creation of a 500-year floodplain overlay district that limits select uses in
applicable areas.
4
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Draft Amendments to Land Development Regulations
Key to the amendments:
Proposed additions are underlined
Proposed deletions are marked with a strikethreugh
Notations for users are parked in italics
Text in SMALL CAPS are subject headings for ease of use and are no F of the draft ordinance
k \
1 - LIMITED AUTO SALES WITH GARAG . ' '1.''AIR SHOP
2.02 Specific Definitions
Auto sales, limited. A business engaged in the sale of vehic\` at requiring a commercial
drivers license(CDL) to operate, with no e than five(5) -s f.; sale on the premises at
any one time.
Garage, automotive repair. Any building, pr ises in Bch or upon which a business,
servicing, or industry involving the maintena , is ;�_ir, or painting of vehicles is
conducted or rendered. Includes limited auto sale' in confo .nce with these regulations.
Repair shop. A business enterprise= gaged in the sere' ing and repair of motor vehicles,
including auto body repair or auto detailing, include°`the sale and installation of motor-vehicle
e parts and accessories. Incl limited autole -conformance with these regulations.
13.26 Li ted A t to Sales
(A) :General Requirem ts: An auto repair business may be granted approval from the
Development Rev Board to display up to five(5) automobiles at one time for sale to
the public, in acco `" ce with the following requirements:
(B) Specific Requirements:
(1) The site plan shall indicate the location of all parking spaces of vehicles for sale,
not to exceed five(5)total; and,
(2) No vehicles for sale may be parked in any other location on the property.
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
2 —UTILITY CABINETS
13.18 Utility Cabinets and Similar Structures
B. Specific Standards for Utility Cabinets and Similar Structures.
(3) There shall be-suitable e n. t� roteet the bl' d sufficient landscaping
�iii� w lsivcvv�
with evergreens of sufficient height and density to screen ctively the facility
from surrounding property. Landscaping may allow for f any doors so
long as the door-side of the units are not visible fro existing or planned
public street.
(7) The Development Review Board may requ ks or a ,H ther conditions
in order to prevent any hazard to the pub ' r nuisance ounding
property. Utility cabinets shall be loc a min um of five(5) all
existini or .lanned .ublic roads or `=hts-of--way.
requirements for the zone in which hey are located. However,the''Development
o a th ed n tl ck- deter..... at_on that _7_
A
3 - SCREENING OF SMA WASTE 4f CEPTACLES
14.07 Specific Review'Stit idard
C. Dis a o « ^. ;;rstes. Alfau sters and other facilities to handle solid waste, including
complia• ith an` cycling or r uirements, shall be accessible, secure and properly
scree with opaque fend to ens'' at trash and debris do not escape the enclosure(s).
Sm acles (ie, non'' ` pste yle) shall not be required to be fenced or screened.
1iY �
4-HEIGHT O rSTRUCTURES
3.07 Height of Structures
A. General Provisions. Except-as otherwise pro ided er^stiiele Section 4.08, Queen
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
R gulatien*Structures in all districts shall comply with the height standards presented below in
this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of
Structures.
B. Pre-Construction Grade. For the purpose of regulating height under this section, pre-
construction grade shall be defined as the grade existing on property on the date of an application
under the South Burlington Land Development Regulations for any development approval
(variance, conditional use approval, zoning permit, site plan approval), -.ss another grade has
been established as the pre-construction grade pursuant to Section 3.12 ° _r •tion of Existing
Grade below. Where land receives subdivision approval from the Dev opmen Review Board,
the grade shown on the approved subdivision plat shall constitute . ° e-construction grade,
unless modified in accordance with Section 3.12, Alteration of istin = e below.
C. Residential Structures. For any single-family orresidential re,there shall
be no more than three stories exposed on any side. Fo -story vertical extens .
dormers) may be allowed provided a)they do not e the height of the roof pe nd b)the
total width of the extensions does not exceed fifty,percent 50%) 'e horizont istance of the
roof line. Vertical extensions that exceed fifty percent (50°' = f the horizontal distance(i.e., step
dormers) are limited to a maximum height of five(5) feet.
D. Maximum Height. Except as allowed bete, in this sects requirements of Table C-
2, Dimensional Standards, shall apply
E. Waiver of Height ,W uireme
THE FOLL O c O VED FROM SECTION 4.08- QUEEN
CITY ,ARK-DJ
RKD C
�1)Queen City Park Distri akeview District, and LN-Lakeshore Neighborhood
strict.
' • ,
City Park Dietr•cts shall be „b;ect to the f ll„ d + ♦'
,� a,,*.x,�xv vJ v� w � v ivaiv`v`vui�"�
(1) the aximum height for all-structures alkali be ne xere than twenty five(25) feet
above the average pre construction grade adjoining such structure. See Article 3,
Section 3.07(B) for dcfmition of preconstruction grade.
(2 a) The maximum height of a structure may be increased to thirty-five(35) feet if
approved by the Development Review Board subject to the provisions of Article
3
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
14, Conditional Use Review. In addition,the Development Review Board shall
determine that the proposed increase in height will not affect adversely:
(a i) Views of adjoining and/or nearby properties;
(b ii) Access to sunlight of adjoining and/or nearby properties; and
(e iii) Adequate on-site parking.
(3 b) Rooftop apparatus, such as solar collectors,television antennas, and air
conditioning equipment shall be included in the height mea . rement. Chimneys
for residential structures shall be exempt from the heigh otk, - ions.
(4 c) Television antennas and steeples for places of worship it at are taller than normal
height limitations may be approved by the Development 'ew Board subject to
the provisions of Article 14, Conditional Use.Revi w.
4,
E R1,Rl-PRD, Rl-Lakesho, , 4,R7,
R7-NC and R12, ,
Quadrant Districts.
(-1-a) For applications undergoing DRB review, the Development Review Board may
approve an increase in hei,t 1,, or a structure up to>,forty-five (45) feet provided
that for each foot of additio _ m• above the normal forty(40) foot maximum
for pitched-roof structures a*‘".-, t u - 5) footmaximum for all other
structures, all front and rear s; ack . in eased by one(1) foot and all
side yard setb. _ hall be incr.,' . by one :' (1/2) foot.
(2 b) For stru .res pro• %• to exceed 5 e .ximum height for structures specified in
Tablq ` : - as part o P • anned unit development or master plan,
the Develop , • R. • waive the requirements of this section as
long as the g- objec "< ` e applicable zoning district are met. A request
° r ap i.oval of - structure shall include the submittal of a plan(s) showing
� 1� p ( )
� = the elevations and .�r al design of the structure, pre-construction grade,
post-co ! '.ion gran° d height of the structure. The DRB shall approve the
structure i jfinds t . the building will not detract unduly from public scenic
ews from ...•.cent properties or public streets and walkways.
THE F A .WI '% (c,below)IS MOVED FROM SECTION 3.07 G.
(G c) Roo t • Apparatus, Chimneys, Communications Towers, Silos, etc. Rooftop
app. atus, such as solar collectors, television antennas, satellite dishes, chimneys,
and air conditioning equipment shall be included in the height measurement.
Chimneys(as defined in these Regulations) for residential structures shall be
exempt from the height limitations. Any other rooftop structures or apparatus
regulated under this section that are taller than normal height limitations
established in Table C-2 Section 3.07(B)above may be approved by the
Development Review Board as a conditional use subject to the provisions of
4
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Article 14, Conditional Uses. Such structures do not need to comply with the
provisions of subsections(a) and(b)Section 3.07(E) and(F) above.
E.(3) IA, PR,MU, Cl-R12, Cl-R15 Cl-Auto,H C1-Air,Cl-LR,AR, SW,IO,C2,
Mixed IC, AIR, and AIR-IND Districts. eight Wa ver f r S�ruc�ur, �ll Ot
i
ler
(1 a) The Development Review Board may approve a structure W a height in excess
of.thei limitations set forth in Table C-2 Section 3.07(D) above t' those zoning
d' tr t crate in(E) abo e. For each foot of additional height above the
lL1J G11V LJ 11V 1.-VN „
normal forty(40) foot maximum for pitched-roof itructureS and thirty-five(35)
foot maximum for all other structures, all front rear setbacks shall be
increased by one(1) foot and all side yard r,, hall be increased by one half
(1/2) foot. ,'
(2 h) For structures proposed to exceed um t for structures specified in
Table C-2 §3.07(D) abovc as part of a pla< it de elopment or master plan,
the Development Review Board may waive s quirements of this section as
long as the general object •f the applicable el' trict are met. A request
for approval of a taller strums . include the al of a plan(s) showing
the elevations and architec a= P e strut , pre-construction grade,
post-construction grade, and " : ., g''. Such plan shall demonstrate
that the propo -,•..+uilding will . , .etract fr• portant public scenic views
from adjac- oadways . other pic rights-of-way.
TH __ Ir c, below)IS ED FROM SECTION 3.07 G.
(G,c) Rooftop App. 'Sr i mmunications Towers, Silos, etc. Rooftop
- , such ar collectors,television antennas, satellite dishes, chimneys,
an. . .! •itionin_ •. ,ent shall be included in the height measurement.
Chimne defm-• ese Regulations) for residential structures shall be
exempt fro •e hei: t limitations. Any other rooftop structures or apparatus
egulated un this section that are taller than normal height limitations
4.,; blished '! able C-2 Section 3.07(B) above may be approved by the
I�opm.; Review Board as a conditional use subject to the provisions of
Art - Conditional Uses. Such structures do not need to comply with the
prove.ns of subsections(a) and(b) Section 3.07(E) and(F) above.
THE FOLLOWING (4, below) IS MOVED FROM SECTION 8.04 AND 8.05
(4) CD-1, CD-2, CD-3, CD-4 Districts
8.04F Building ucights
5
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(a) General standards for height. Standard-beight-limits-ift-the-Regulatiens-shalt. :net
u1y i« the Central District Height standards . , 'f * L. C t 1 D' t t
rYay ua�uv .........u.Li��i iv a.. iiva�u� .��cuiuu
(i) In all Central District sub-zones, architectural towers, cupolas, turrets,
spires, etc. are encouraged and allowed to rise up to an additional twenty-
five(25) feet above the maximum allowed height so long as their area
does not constitute more than fifteen percent (15%)of the allowable
building footprint of a given block.
(ii) Towers, spires or steeples on places of worship _ ed to rise up to
one hundred(100) feet.
(iii) The maximum roof pitch is 12:12 except forc ' towers, spires or
steeples.
(iv) All measurements shall be taken fro • averagepost`: onstruction grade.
(v) Any rooftop apparatus, such as air - = • g equip satellite
dishes, etc., shall be included ' - height measurement
8.05 A(5) all Height in Central District 1
(a i) Except as provided above, no pour • ` "gre-n roof' structure shall rise
more than forty-five(45) feet, and no-pa t of any other structure shall rise
more than thirty- •(35) feet, above the, age .ost-construction grade
adjoining such stru« e
(b ii) A height of up to eig b ftvee,,(85}feet fora pitched or other roof structure,
and up to one hundred flee' -115 feet for "green roof' structure, may
be per ' by the De , ent Review Board for structures subject to
the, of an approed maste lan in which the DRB has approved
lic spacearks, courtyards, -tc.) or other public amenities.
8.05--B—(4) He:[ rn z 2,
(a i) Exceprovid 'a no point of any pitched roof structure shall rise
ore than": -five(45) feet, and no point of any other structure(e.g., flat
ed stru 11 rise more than thirty-five(35) feet, above the
a" e post-cam" truction grade adjoining such structure.
(b ii) A h t of u to fifty-five (55) feet for a pitched roof structure, and up to
forty,., e(45) feet for any other structure, may be permitted by the
Development Review Board as a bonus for the provision of additional
x��K publiZ space(parks, courtyards, etc.),or other public amenities.
8.05 C (4) OD eight in Central District 3 and 4:
(a i) Except as provided above, no point of any pitched roof structure shall rise
more than forty-five(45) feet, and no point of any other structure(e.g., flat
roofed structure)shall rise more than thirty-five(35) feet, above the
average post-construction grade adjoining such structure.
(b ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to
forty-five(45) feet for any other structure,may be permitted by the
6
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Development Review Board as a bonus for the provision of additional
public space(parks, courtyards, etc.),or other public amenities.
THE FOLLOWING(F, below)IS MOVED FROM SECTION 3.10 (10)
F. Accessory Structures in All Districts:
4&(1) Accessory structures shall not exceed fifteen(15) feet in hei: except that:
(a) For industrial uses in non-residential districts, - t st.. •s for principal
structures shall apply for accessory structure •w _�
(b) For residential uses, accessory structure: p to t enty-five (25) a • �'ght
shall be permitted where the structu e. '-located east thirty(30) '" from all
property lines, the structure has a . c . ,•f, a. L- lot on whi• he structure
is proposed is at least one(1) acre in sizer�
, :
(c) Accessory structures exceed - ' the height of till N cipal structure on the
property shall require appr: °t'--4p�•:h Developme ew��'' Board as a
conditional use, pursuant to' ice ditiona se Review. The applicant
shall demonstrate to the Boar ihat t tea` ructure will be clearly
secondary toe s, - +' cipal strut' `'in functi d in appearance from the public
right-of-w.
A
tea.
G. Additional Height requirements
In additi. ":to the requirements oftat e ion, the provisions of Sections 4.08 (G) [Non-
comp • • structures in the QCP Dis ,`: 13.10 [Solar Radiation]; and 10.03 [Scenic View
Pro Overlay]; shall apply; '`
H. Airport Ap h C 1 s.
All height provisio e subject to the limitations of Article 13, Section 13.03, Airport
Approach Cones.
3.07 Height of Structures
7
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
3.07 (G) Rooftop Apparatus, r neysTGemmunicatien-Te-wersTSnes, etc. ENTIRE
SECTION MOVED TO 3.07(E)(2)(C)AND 3.07(E)(3)(C)
3.10 Accessory Structures and Uses
3.10 (A) (10)Accessory structures sal ne-t exceed fifteen(15) feet in height, except that:
ENTIRE SUB SECTION MOVED TO 3.07(F)
4.08 Queen City Park District
F. Height of Structures ENTIRE SECTION MOVE 07(E)
8.04 Dimensional Requirements in All Districts`��
8.01 Building Heights ENTIRE SECTION MOVED TO 3 0• )(4)(a)
•
8.05 Specific Sub-district Regulations " ' ,
.• - •_- - ra-. ENTI' SECTION MOVED TO 3.07(E)(4)(b)
.1 t ' - `' ENTIRE CTIONMOVED TO 3.07(E)(4)(c)
•
•1 t - -• •- - - - SECTION MOVED TO 3.07(E)(4)(
w
z
5 - HE T OF FEN G IN THE QUEEN CITY PARK, LAKESHORE
NEIGHBOR OD, A R1-LAKEVIEW DISTRICTS
13.17 Fences
B. Specific Requirements. All fences are subject to the following provisions:
(4) A fence over four(4) feet in height shall require a zoning permit from the
Administrative Officer.
8
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(5) A fence 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.
(6) In the Queen City Park, Rl-Lakeview, and Lakeshore Neighborhood Districts, a
fence over four(4) feet in height shall require a zoning permit from the
Administrative Officer and shall be subject to the following supplemental
requirements:
(a) no such fence shall exceed six(6) feet in height,t ence s all have a
maximum opacity of 50%on all sides.
6-GROUP HOMES r�
13.12 Group Homes
A. General Requirements. Title 24 Vermont Statut- . +otated, Section 4412(G)provides
that "A residential care home or group he s e to be operated , state licensing or registration,
serving not more than eight persons who .ndicap or d • defined in 9 VSA
Section 4501, shall be considered by right a permrtt•a _le-family residential use
of property except that no such home shall . o . if it : ates within 1,000 feet of
another existing or permitted such home."
B. Specific Require. is Ttepevelopm Review:oard shall review proposed group
homes that are net 10 to d within i re than 1,001 +- feet in any direction of another existing
or permitted group •m whie a more t R;. eight persons, as a Site Plan,under the Site
Plan review requirements • x `aplemental review standards in Section
14.11(GB). home o o`.sed to be •'ated within 1,000 linear feet in any direction of
another e ted group .me shall be reviewed by the DRB as a conditional use. See
Article , Site Plan a ditiori. w''eview.
14.11 Con al Use Re : Specific Uses and Standards
B. Grou h
•
•
''•ect to the llo •ng: Group Homes as described in Section 13.12(B) shall be subject to the
following supplemental standards:
(1) The minimum lot size required for the establishment of a group home shall be the same
as that required for other dwellings in the district in which it is located, except that the
minimum lot size requirement shall be increased by ten percent(10%)for each non-
supervisory resident in excess of five(5).
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(2) o f .�e( st,ee� rk e sh l l be ide i l l a
"' va vu� � � .. � •Yua i�iia� oYu�
at the p home o eratea o a dail„basis t' th 'th b t
shall fewer t a two (2)off street rking b a a
7-ACCESSORY DWELLING UNITS
3.10 Accessory Structures and Uses
E. Accessory Residential Units. One(1) accessory resi• "41 unit rutted within or
attached to a primary single-family dwelling or within an •,; ermitt ` essory structure
shall be a permitted single family use, - ,. ; - e 5w . . . . - ., ; in
accordance with Article 14, Site Plan Review and th- • lowin•- iteria:
(1) Floor space of the accessory residential ,� o ceed thirt percent (30%)
of the total habitable area of the single-fain , cuing unit.
1. One of. le principal dw. , • the accessory unit shall
be owne
2. The accesso. •enti : ` all be an efficiency or one-
droom uni
• •
(4) Adeq . astewat"- apacity is a,� =3"e to service the accessory unit, as
dem• 'sulk",•y is - - of a Wastewater Allocation or on-site wastewater
permit purs gton Ordinance Regulating the Use of Public
ivate Sa .Sewerage .nd Stormwater Systems Sewage Ordinance.
Two (2 tional o et parking spaces shall be provided on the same lot,
either in a aTIge or in4 driveway, and not in any areas required to meet coverage
limitations, oany front yard area other than a driveway, required by these
gulations
(6) I of the unit is to be restricted in the deed of the single-family home to
a dis person, no additional off-street parking is required.
(7) A zoning permit shall be required for each accessory residential unit.
(6) Conditional Use Review by the Development Review Board pursuant to Article
14, Section 14.10 shall be required if the establishment of the accessory
residential unit involves the construction of a new accessory structure, an increase
in the height or floor area of the existing single-family dwelling or existing
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
accessory structure, or an increase in the dimensions of the off-street parking
areas(i.e. garages and driveway areas)presently existing on the site.
8 - NUMBER OF HOUSING UNITS OF A PRIVATE ROAD OR RIGHT-OF-
WAY.
3.05 Lots
B. Lots with No Road Frontage.
The Development Review Board may approve su or develo••A a t of lots with
no frontage on a public street, as long as access such a street by a peg• n sement
or right-of-way at least twenty(20) feet in w• is pro :•d, according to e'&•llowing
procedures:
6m.
(a) Required Information. Applications shall includ n drawn to scale showing
boundaries of all properties cross and to be served he proposed private right-of-
way, dimensions and grades of the L -way, point o "into a public street, and
other information as the Developmenj and may • '. ire.
(b) Conditions of Appr• al. Any apph, t t to crew ,�, new lot with no road frontage
shall be subject to r:-ments and 3 ajor subdivision criteria of Article 15 of these
Regulations in tion to section.
v. .. .
• • • •• - - - - - - . The Development
Review Bo. r":'may also limit the length of a private right-of-way, and may
f e oth,e, conditions as may be necessary to assure adequate emergency
access to al lots and dwelling units.
(ii) The Development Review Board may require a right-of way wider than the
twenty(20) foot minimum if it is to serve more than one(1) lot.
(iii) The Development Review Board may impose conditions to insure the
maintenance and permanency of a private right-of-way and to insure that a right-
of-way will not place a burden on municipal services.
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(iv)For a lot with no frontage,the property line that abuts or is closest to the
private right-of-way shall be construed as the front lot line and shall determine the
front yard.
9 -LOCATION OF PARKING ON A PARCEL
14.06 General Review Standards
B. Relationship of Proposed Structures to the Site.
(2) Parking: •
(a) Parking shall be located to the rear sides o :buildings. Any
building facing a public street shall " onsidere• :. t ont side of a btu ding for the
purposes of this subsection. •
(b) The Development Review Board may approve parking a public ublic street
and one or more buildings if the Board finds t - or more of the following
criteria are met. The Board ha l approve only th e` m necessary to
overcome the conditions be u.
(i) The parking area is ces s l 'mum requirements of the
• 4 with Disa• ==yes Act;
(ii) e p. area will s e a single or two-family home;
- lot h.` nique site c s ions such as a utility easement or unstable
but not a building, to be located adjacent to
the`` stree
44,
� - he lot « ins gone or more existing buildings that are to be re-used
parking ; s cannot be accommodated to the rear and sides of the
# .r yy ing bu . ing(s); or,
(v) T ' ,rincipal use of the lot is for public recreation.
(c •
•
idered adj e...;act t„ public street Bu;ldi gs rated from the fro t l_t _l_ e
wt� �he Y
Where more than one building exists or is proposed on a lot,the total width of all
parking areas located to the side of buildings at the building line shall not exceed
12
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
one half of the width of all buildings located at the building line. Parking
approved pursuant to 14.06(CX2)(b) shall be exempt from this subsection.
(d)The DRB shall require that the majority of the parking on through lots and
corner lot3 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 lowest
average daily volume of traffic. Where the rear yard of a to abuts an Interstate or
its interchanges, the majority of parking shall be located . -n the building and
the side yards or between the building and the yard t . adja 'nt to the
Interstate.
10 — HOMES IN THE SEQ- NATURAL 9,,•OUREW PROTECT •UB-
DISTRICT \IV '.f�
9.12 SEQ-NRP; Supplemental Regulations
B. A lot that was in existence on orb: . 22, 1992 an• lies substantially or
entirely within a SEQ-NRP sub-dist " t -. .roved one or more a single
family detached dwelling units, subje, ,to ce.-. . eview and the following
supplemental stand. •
PP
(1) Where th lot is le an fifteen(15) awes in size, the Development Review
Board may permit more than one(1 fsingle family dwelling unit only if: The
•
v., 'ion of the lot ' .ny other(non-NRP) SEQ sub-district is insufficient to
acco the cons tion and use of a single family house dwelling unit in
compliance with these Regulations, and
b - - - ' - •- = ::. : . : - The location of structures, yards, and
ess drive- 'ave no portion within a designed primary natural community or its
buitdie-sit-e-plati-dees-net-c-empremis-e-the-any-eensentatien-
. -
(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(3)lots
and construction
of one(1) single family dwelling unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP
SEQ sub-district is sufficient to accommodate the construction and use of
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South Burlington Land Development Regulations
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at least three(3) single family dwelling units on lots approvable in
compliance with these Regulations.
i. Where the DRB finds that the portion of the lot in any non-NRP
SEQ sub-district is sufficient to accommodate the construction and
use of at least three(3) single family dwelling units on lots
approvable in compliance with these Regulations, no subdivisions
of land or construction of new dwelling units shall be permitted in
the NRP subdistrict.
ii. Where the DRB finds that the portion • " 'e to • any non-NRP
SEQ sub-district is sufficient to acc• • 'ate the construction and
use of two(2) single family dwel u , lots approvable in
compliance with these Regula '., .the su• on of land and
construction up to one(1) new . - • g unit • RP subdistrict
may be permitted by the FRB in compliance wit e
Regulations.
iii. Where the DRB fin•s that e. so 311 the lot in y non-NRP
SEQ sub-district is sufficient • .ccommodate the construction and
use of one 1) single family d e • units on lots approvable in
complianc hese Regulatio z - ••ivision of land and
construction 2) new dwe t in the NRP subdistrict
may be permi -d b• in co : •liance with these
t_ �._ ' ' '
Regulations.
is the DRB ds that th,,•.rtion of the lot in an non-NRP
S b-district i •sufficient to accommodate the construction
and of an sinlltr ; 'l dwelling units on lots approvable in
o !OWa" 'e lations the subdivision of land and
+ E� .r `• � ee 3 new dwellin. unit in the NRP
Ili"o i trict may a e permitted by the DRB in compliance with these
Re • • and,
(b) such s shall have a minimum size of 12,000 square feet per dwelling
unit d
e location of structures,yards, and access drives have no portion within
a designed primary natural community or its related buffer, and,
(e) The location of structures and access drives are clustered such that no
dwelling unit is located more than one hundred(100) feet from any other
structure, and,
(f) The dwelling units shall be detached single family dwellings houses, and,
(g) Such subdivision plan shall be subject to the Development Review
Board's approval of a conservation plan in a form acceptable to the City
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Attorney that permanently encumbers the land against further land
subdivision and development.
11 —TYPES OF FENCING IN THE SOUTHEAST QUADRANT DISTRICT
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
c rya;
B. Open Space and Resource Protection.
Sufficient suitable landscaping and fencingshall be'p rb d to rote �'�.
(5) p� g p p �� land, stream,
or primary or natural community areas and buffer 4`a ma er that is aesth=
compatible with the surrounding landscape. T u of split a l or other fencin;, made of
natural materials is encouraged. Chain link fe to shall
be prohibited within-PUDs except:
(a) fencing for agricultural purpo - `and
(b) fencingfor recreationalpurpose uc b.11 dia.- ''
ds,tennis courts, basketball
courts, dog parks, or similar activities. yt a I ing installed for these purposes
shall be plastic coated in t' her dark gr ` r black ,°>,,�
In all cases,proposed fences s comply wi ' ection and section 13.17 (Fences) of
these Regulatio
12 - CASTER Pr VIE ;° QUIREMENTS IN THE SOUTHEAST
QUADRANT
9.13 SEQ R . ,and Ap va1 Process
D. Ma fan Review. As per Section 15.07, Master Plan Review and Approval,
the Develop0 t Review Board shall require a master plan for any application for 100 or
more dwell' g units. In such a case, the provisions of Section 15.07 shall apply in
addition to the PUD provisions of Article 15, and the SEQ-specific provisions of this
article.
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13 -BOUNDARY ADJUSTMENT FOR THE SOUTHEAST QUADRANT
NRP, NR, AND VR SUBDISTRICTS ALONG HINESBURG ROAD
See attached map.
14 - GENERALLY AMEND DEFINITIONS AND TABLES,ASSOCIATED
WITH PROPOSED AMENDMENTS.
Add words "permitted" and "conditional" as a key to "P" C" in ble of Uses
(Table C-1)
Add words "in dwelling units per acre" to "Minim lot siz ax. residentia ay)"
15 -LICENSED, NON-RESIDENTIAL CHILD CA' ,FACILITIES
Add as "permitted"to the following zoningdistrictsrial O i; Space District, Swift Street
District, Allen Road District, Mixed Industriar;and., istrict
•
16- FLOOD HA RE IONS / FLOOD PLAIN OVERLAY
DI hp ,Or
2.02 Specific nitions
percent or greater c ce of flooding in any given year.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for
installation or assembly on the dwelling site, which is at least eight (8) feet in width and at least
thirty(30) feet in length, which bears a seal that it was built to the standard pursuant to the
"National Manufactured Housing and Construction Safety Standards Act of 1974,"42
U.S.C. Sec.5401 et seq., which is placed upon a permanent foundation which meets the
installation and foundation requirements of the State of Vermont, but which is not constructed or
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Approved by Planning Commission 11-30-2010
equipped with a permanent hitch or other device allowing it to be moved other than for the
purpose of moving to a permanent site, and which does not have permanently attached to its
body or frame any wheels or axles. A manufactured home shall be connected to required utilities.
seam "manufactureda e- ades._parl aiilers7
i om( a � • i a
� �.;ec�rve-days—Fer-i�ranr�u�eses�r� etttre�he "
park trailers, travel trailers, and other similar vehicles.
•
•
the water surface elevation more than a designated height.
2.03 Definitions for Flood Hazard Purposes
The following definitions shall apply to all lands within the Flood Plan Overlay district.
Base Flood. The flood having a one percent chance of be ,ualed or exceeded in any given
year(commonly referred to as the"100- r flood"),
Base Flood Elevation (BFE). The elevatio +f the water surface e-vation resulting from a flood
that has a 1 percent chance of equaling or e'= ceding that lev any given year. On the Flood
Insurance Rate Map the eleyatro s usually in'feet, in rela " to the National Geodetic Vertical
Datum of 1929, the No ® Arn"' � Vertical Datum of 1'.88, or other datum referenced in the
Flood Insurance Stud •sort, or average de+ s gf,the base flood, usually in feet, above the
ground surface.
Common Plan of Develop Where scture will be refurbished over a period of time.
Such work'ilia : 6 anned u nit.
Cri • .cilities. Includes police =ions, fire and rescue facilities, hospitals and health care
face s public and private schools.
Developmen huma nude change to improved or unimproved real estate, including but
not limited to b s + ether structures, mining, dredging, filling, grading, paving, excavation
or drilling operatio : storage of equipment or materials.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal
Insurance Administrator has delineated both the special flood hazard areas and the risk premium
zones applicable to the community. In some communities the hazard boundaries are available in
paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map
(DFIRM).
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Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if
appropriate, the corresponding water surface elevations or an examination, evaluation and
determination of mudslide(i.e., mudflow) and/or flood related erosion hazards.
Flood proofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjace' areas that must be
reserved in order to discharge the base flood without cumulatively reasin! the water surface
elevation more than one foot at any point. Please note that S. . a a,lood Hazard Areas and
floodways may be shown on a separate map panels.
Floodway, Regulatory in the City of South Burlin .,�. �4. channe • river or other
watercourse and the adjacent land areas that must be r- ed in order to disch., '- se flood
without cumulatively increasing the water surface ion mo han one foot at ;`. point.
Historic Structure. Any structure that is: (a) listed indi in th-National Register of
Historic Places(a listing maintained by the Department of erior)or preliminarily
determined by the Secretary of the Interi+ .,_meeting the reg -nts or individual listing on
the National Register; (b) certified or preli o .•etermined b' .„ . -cretary of the Interior as
contributing to the historical significance o . -• -,n i'storic d, ' ct or a district preliminarily
determined by the Secretary to qualify as a rF_ :le
.tsrict; (c) individually listed on a
state inventory of historic pl. states with:' a ric pres •'-o Lion programs which have been
approved by the Secreta , ,y :nor; or(dy 1 dividual listed on a local inventory of
historic places in co •, . 'ties wi ` ,'storic press ati.. programs that have been certified
either: (i)by an app .to pro . as de
;,y the Secretary of the Interior or(ii)
directl b the Secret. . - .�a ,� out approved programs.
Lowest flog: est flo, the lowest enclosed area, including basement, except an
unfmish .r floo. t enc . .ble solely for parking of vehicles, building access or
stora. - ,.' an area other a base area is not considered a building's lowest floor provided
tha o closure is no , it so to render the structure in violation of the applicable non-
elevation , requireme of 44 CFR 60.3.
Manufacture a (o' obile home). A structure, transportable in one or more sections,
which is built on .. `anent chassis and is designed for use with or without a permanent
foundation when a ed to the required utilities. The term "manufactured home" does not
include a"recreational vehicle".
New construction. Structures for which the start of construction commenced on or after the
effective date of the floodplain management regulation adopted by the community and includes
any subsequent improvements to such structures.
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Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or
less when measured at the largest horizontal projection; (c) Designed to be self-propelled or
permanently towable by a light duty truck; and(d) Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for recreational, camping,travel, or seasonal use.
Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. For purposes of these regulations. the term"area of
special flood hazard" is synonymous in meaning with the phrase "spec'.1 flood hazard area".
This area is usually labeled Zone A, AO, All, AE, or A1-30 in the mo -nt flood insurance
studies and on the maps published by the Federal Emergency Mana• • ent A.ency. Maps of this
area are available for viewing in the municipal office or online e FEMA Map Service
Center: msc.fema.gov Base flood elevations have not been ,, e ' Zone A where the
flood risk has been mapped by approximate methods. 'fi ti- ood e F ons are shown at
selected intervals on maps of Special Flood Hazard, are de s ed by detailed
methods. Please note, where floodways have been dF . ed they may be . separate
map panels from the Flood Insurance Rate Maps.
Start of construction. For purposes of floodplain mana -- dete ' es the effective map or
bylaw that regulated development in the Special Flood Ha,,,„12, ea. The "start of construction"
includes substantial improvement, and the date the zo o, E-nn> was issued provided the
actual start of construction, repair, reco rehabilitatio addition placement, or other
improvement was within 180 days of the r The act start means either the first
placement of permanent construction of a cture on a uch as the pouring of slab or
footings, the installation of piles. the constru " of or any work beyond the stage of
excavation; or the placement of a manufacture ome on . foundation. Permanent construction
does not include land,jeepalation, ich as clear ading and filling; nor does it include the
installation of streets'`and/or walkways; nor does elude excavation for a basement, footing,
piers, or foundations or the erection of temporary orms; nor does it include the installation on
the property of accessory buildings. such as garages or sheds not occupied as dwelling units or
not part of the main'structure. For a substantial improvement, the actual start of construction
means the first alteration of anv wall, ,ceiling, floor, or other structural part of a building,
regardless whether that alteration affe the external dimensions of the building,
Structur 4.uregulatory 6,. soses under this bylaw, a walled and roofed building, as well as a
manufacture•4► lie, and an. related built systems, including gas or liquid storage tanks.
Substantial dama amage of any origin sustained by a structure whereby the cost of
restoring the struc :: o its before-damaged conditions would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement. Any reconstruction,rehabilitation, addition, or other improvement of
a structure after the date of adoption of this bylaw. the cost of which, over three years, or over a
the period of a common plan of development, cumulatively equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage", regardless of the actual repair
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work performed. The term does not, however, include either: (a) Any project for improvement
of a structure to correct existing violations of state or local health, sanitary, or safety code
specification which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions or (b) Any alteration of a "historic
structure", provided that the alteration will not preclude the structure's continued designation as
a"historic structure".
Violation. The failure of a structure or other development to be fully co •liant with this bylaw.
A structure or other development without the elevation certificate, of r ifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be '•, iolatio until such time as
that documentation is provided.
3.01 Establishment of Districts and Description ertain I°'�,rids
B. Description of Certain District
(1) Floodplain District. The bourn e `'v •odplaiii erlay District shall include
those areas that are identified as . as o w, z_ azard(Zones A, AE,Al-A30,.
and 0.2%) in and on le most curr- ': od insu e studies and maps published by
the DepartmentAS1,and Securi ; Federal ergency Management Agency,
National Flood Insura ati 'rogram, a sro '.•ed by the Secretary of the Agency of
Natural l ourees purls t to 10 V.S. apter 32 § 753, which are hereby adopted
by reference and declared2° of ese regulations. The location of the
boundary shall be determine :,"Administrative Officer(AO). If the applicant
isag�rer�s with the efea nination made by the AO, a Letter of Map Amendment from
MA s titute proof.,
10.01 Flood Plain Overlay District(FP)
A. Purpose. It is the purpose of the Flood Plain Overlay District to
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(1) Avoid and minimize the loss of life and property, the disruption of commerce, the
impairment of the tax base, and the extraordinary public expenditures and demands on
public services that result from flooding;
(2)Ensure that the selection, design, creation, and use of development is reasonably safe and
accomplished in a manner that is consistent with public wellbeing, does not impair flood
plain services or the stream corridor,
(3)Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the
municipal hazard mitigation plan; and make the City of South : rlington, its citizens,
and businesses eligible for federal flood insurance, federal dis = -covery funds, and
hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, 4 Chapter 117 ,§4424,
§4411 and §4414, there is hereby established a bylaw for ar � ' k of •amage in the
City of South Burlington Vermont. These regulations sh . .` � y develop 5' all areas in
the City of South Burlington identified as areas of spe , flood hazard on the lood
Insurance Program(NFIP) maps.
BC. Comprehensive Plan. These regulations hereby - en.t t'e relevant portions of the
City of South Burlington's adopted Comprehensive Plan, . in accord with the policies set
forth therein.
D. Warning of Disclaimer of Liabili �_� ,_ does no°,.:� ply that land outside of the
areas covered by this overlay district will be i 1 : ages. This regulation shall not
create liability on the part of tl ity of Soul "�mgton, �. y municipal official or employee
thereof, for any flood damage , esult from , liance o 's regulation, or any administrative
decision lawfully mad- -reunde
E. Precedence of Bylaw. T • e s Flood Plain Overlay District shall not inl
any way impair or remove the ri �essity • : `iance with any other local, state,or federal laws
or regulation s regulation imposes a greater restriction the provisions here shall take
precedes
F. ' . .in Overlay s es A, AE, and Al-A30) Subdistrict
(1)D: sment Revie Hazard Areas
(a 'er u _.. A permit is required from the Administrative Officer for all
•pment, as defined in Section 2.03 (Floodplain Definitions), in the
.od Plain Overlay(Zones A, AE, and Al-30) Subdistrict.
(b) Submission requirements. In addition to all information required for
permitted and conditional uses, the applicant shall prepare and submit a
Project Review Sheet to Vermont Agency of Natural Resources. The Project
Review Sheet shall identify all State and Federal agencies from which permit
approval is required for the proposal, and shall be filed as a required
attachment to the municipal permit application. The identified permits, or
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letters indicating that such permits are not required, shall be submitted to the
Administrative Officer and attached to the permit before work can begin.
(c) Referrals.
(i) Upon receipt of a complete application for a substantial improvement or
new construction the Administrative Officer shall forward a copy of the
application and supporting information to the . tate National Flood
Insurance Program Coordinator at the Ver �;: :: .. • gency of Natural
Resources, in accordance with 24 V.S.A. 4i A pe 't may be issued
.,
only following receipt of comments fro s. �� gency, or the expiration
of 30 days from the date the applic , •n 4 iled to the Agency,
whichever is sooner. •
14,
(ii) If the applicant is seeking a • 't for the alteration orAvlocation of a
watercourse, copies of t .licatio hall also be sOted to the
adjacent communities. t "I Alt ° ,n Engineer the Vermont
Agency of Natural Resource he •' my Corps of Engineers.
Copies of such notice shall be • 'ed to the State National Flood
.......... .._..
Insurance Pro 1FIP) Coord. at e Vermont Agency of
Natural Resourc ment of E � ental Conservation. A
.n
permit may be issued f owing eipt of comments from the
Vermont Agency o Natu.61 eigurcA, or the expiration of 30 days
fro 44"date the application wag"mailed to the Vermont Agency of
ources wlit°�hever is sooner.
(d) Per ted U v . The follow:l g uses are permitted in the Flood Plain
Over - orte' 30) Subdistrict District. Structures associated
with an the per" es below shall be allowed only as Conditional
subject to the provisions of this Section 10.01(D)-below.
`Park
' (ii) Recreation path
Outdoor recreation facility
Non-substantial improvements of existing structures;
(v) Accessory structures;
(vi) Development related to on-site septic or water supply systems;
(vii) Building utilities;
(viii) At-grade parking for existing buildings; and,
(ix) Recreational vehicles.
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(e) Conditional Uses. The following uses are allowed in the Floodplain Overlay
(Zones A. AE, and Al-30) Subdistrict District as conditional uses subject to
approval by the Development Review Board in accordance with the
provisions of this Section 10.01 and Table C-2, Dimensional Standards.
(i) Substantial improvement, elevation, relocation, or flood proofmg
of existing structures;
(ii) The construction of new st •••. •_ •_ - .
which are accessory , sitiii -- ..-• : -: : ::-
the k-s permitted in
Secti „,
on 10.01 (F)(1)(d)C ,aove. ....
•
' a
lines.
(iii) New or replacement storage t for existing structures;
(iv) Grading, e -„ion; or the crea a •end;
v I isrovemen No.,. -�' roads-
(vi) Bridges, culve . - t ent activities, or public
-'-cts which ' " ctional pendent on stream access or
.__, crossing•
(vii) Pub tilities;
{4)- P." . 't for the construction of new structures, the
DePaftmentI f e
(f) Prohibited Uses. In addition to any uses not specifically listed in this
section,the following uses are specifically prohibited in the Floodplain
Overlay(Zones A,AE, and Al-30) Subdistrict:
(i) New residential or non-residential structures (including the
placement of manufactured homes);
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(ii) Storage or junk yards;
(iii) New fill except as necessary to elevate structures above the base
flood elevation: and,
(iv) Accessory structures in the floodway.
(2) Area, Density and Dimensional Requirements.
In the Flood Plain Overlay(Zones A, AE, and A1-30) Subdistric ' . , all
structures shall be subject to the area, density and dimensiona wire ents of the
Residential 1 District as set forth in Section 4.01 and Tabl imensional Standards
of these regulations.
(3)Additional Standards.
(a) No encroachment, including fill, "' const 'on, substantial' ovement,
or other development,that wolf' an an = ease in floo evels within
the regulatory floodway during the oec.titt e oft e base flood discharge,
shall be permitted unless hydrologic and`h ulic analyses are performed in
accordance with stand ngineering pract a icensed professional
engineer, certifying tha used developr .e ill: a)Not result in any
increase in flood levels wring the occurrence of the base flood;
and b)Not increase any risk to surrounding;properties, facilities, or structures
from erosio flooding. �
(b)Wit 'the Flo lain Overla •(Zo es A, AE, and A1-30) Subdistrict
xeava n of earth pr s shall be prohibited in such cases where
it is an to e ion will lower the level of the water table,
interfere atura erns, or reduce flood storage capacity.
(e) A i lopme as Conditional Uses pursuant to Section
10.0 )(e) ab shall meet the following additional standards:
(i) '`'• 11 development shall be reasonably safe from flooding, as
determined by compliance with the specific standards of this
• a° subsection.
a All development shall be designed(I)to minimize flood damage to
the proposed development and to public facilities and utilities, and
(II)to provide adequate drainage to reduce exposure to flood
hazards.
(iii) Stmetufes All development shall be(if) designed(or modified) and
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure during the occurrence of the base flood,
(Ilii)be constructed with materials resistant to flood damage,
(iiiIIl)be constructed by methods and practices that minimize
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flood damage, and(I iv)be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
(iv) New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges fro ' ae systems into flood
waters.
(v) On site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(vi) The flood carrying capacity ;` y portion of an altered or
relocated watercourse shall.- named.
vii _e lacemenmanufactu
red homes shall b �=vated on
properly compacted illy that t of the fill d)under the
entire manufactured hom the base flood e evation.
(g) The lowest floor, inclu.: •.basements and crawl spaces, of
•
(viii) Structures to be > b; tia g . oved in Zones A, Al-30, AE,
shall be " ated suc at the lowest floor is at least one
1 above basetod elevation; this must be documented, in
as-b i condition, :y EMA Elevation Certificate;
(ix) es to be substantially improved shall:
Meet t tandards in subs Section
10.0.1 F 3 C ix • or
(II). e the lowest floor, including basement, together with
attendant utility and sanitary facilities be designed so that
two(2) feet above the base flood elevation the structure is
watertight with walls substantially impermeable to the
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
New esiden,iai buildi gs a„e isting buildings to be
g�
et„, et the b, food el, ation.
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capability efresistirg hydrost ti,, ana hyd, a i a
and effects of buoyancy.
A permit for flood proofing shall not be issued until a
licensed registered professional engineer or architect has
reviewed the structural design, specifications and plans,
and has certified that the design and proposed methods of
construction are in accordance with accepted standards of
practice for meeting the provisions • 's subsection. An
occupancy permit for the .. - . •_. e shall not be
issued until an"as-built"plan -; been submitted and a
registered licensed profess .1"•. .eer or architect has
certified that the ; ctur @, seen constructed in
accordance with accept dards • 4 .. Lice for meeting
the provisions of t sub,`
(x) For all new constructi and substantial improvem-im,�� lly
enclosed areas below e. n all side, (including be'ow grade
crawispaces and basemen s 1 be pro ibited.
4° k
(xi) For all new construction and substantial improvements, fully
enclosed t are above grade.Belo the lowest floor,below
Base Flood nd subject to ding, shall be(i) solely
used for par . a o torage •r access, and such a
condition shall , earl he e any permits; and, (ii) designed
tea,
omaticallyyalize by :; tatic flood forces on exterior walls
•Va€ wing for the-ntry and exit of floodwaters. Such designs
mus certified b tgnsed •rofessional engineer or architect,
or ,• _or exceed t •llowing minimum criteria: A minimum of
--� ?_ • walls havin. a total net area of not less than
•M= quare ui •r every square foot of enclosed area subject to
f�• shall be provided. The bottom of all openings shall be no
high= `''one foot above grade. Openings may be equipped with
41,t4 it' scree • ouvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of floodwaters.
� Yuvvo� ou
the entry and exit of floodwater. Designs for meeting this
requirement must either be certified by a registered professional
Sfr of t a
equipped with screens, louvers, valves, or other coverings or
26
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
ae a ided that they permit the aute,,,atie ent«..an e„it of
,.V Y 1VVJ tlaV YLLLVLL L11UL L11V�' i1V11111G L11V U
floodwater Tf n registered pre al a h t t
an"as built" plan of the building
shall be s„bmittea and the isterea a rchiteet shall
J11U11 VV JU Vlllll Llili U11L1�.1 a ee
(xii) In Special Flood Hazard Areas where base flood elevations and/or
floodway limits have not been provided by National Flood
Insurance Program in the Flood Insuran nd
accompanying maps, it is the applica esponsibility to develop
the necessary data.
(xiii) In the AE Zone, where base floeelevationsor floodway
limits have not been determin , `e� dvelopmen not be
permitted unless it is demonstrated that the cum ct of the
proposed development,when combined with all oth 'sting and
anticipated encroachment,will not increase the bas lood
elevation more than one(1) foot *anyoint within the
community. The demonstration must be supported by technical
data that c a ms to standard hydraulic engineering principles and
certified by,
a li d professional engineer.
(xiv) All recreational 1 vein < ; be flu licensed and ready for
highway use.
(xv 11 accessorv°structure 4500 square feet or less in gross floor
area, t represent - minimal investment need not be elevated to
the flood eleva +' this area erovided the structure is
lac ,n a ._ildin' "te so as to offer the minimum resistance to
®a 'o • +, it aters and shall meet the criteria of subsection
ove.
). Admin tion and Enforcement.
(a) The g Permit issued for any development pursuant to this Section
10.0 shall include: a record of the elevation, in relation to mean sea
lev of the lowest floor, including basement, of all new construction or
tantial improvements of structures.
(b) 4 Upon issuance of a zoning permit, the Administrative Officer shall
properly file and maintain a record of
(i) Elevation Certificates with the as-built elevation (consistent with
the datum of the elevation on the current Flood Insurance Rate
Maps for the community) of the lowest floor, including basement,
of all new or substantially improved structures (not including
accessory structures) in the Special Flood Hazard Area,
27
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(ii) All flood proofing and other certifications required under this
regulation: and,
(iii) All decisions of the Board(including variances and violations) and
all supporting findings of fact, conclusions and conditions.
(c) Certificate of Occupancy
A Certificate of Occupancy shall be required . all ne structures or
substantial improvements to structures in t • Plain(Zones A, AE,
and A1-30) Subdistrict.
(d) Enforcement •
(i) A copy of any notice of ation of this section •- r.iled by
the Administrative O to the . &ate NFIP Coord ' ,.dr.
(ii) If any appeals have been r w , but e violation remains, the
Administrative Officer shall submit a declaration to the
Administr. ,f the National F sur nce Program requesting
a denial of »'! „ ance to the p ; '` pursuant to Section
1316 of the ion ., nsuranc •ct of 1968, as amended.
,W
(iii) iroposed al.-• ral st w+re that does not meet the criteria
cess in th- cce.ted AP.iricultural Pract'ces will be in
vio• . n of this by ch violations shall also be immediately
repo d to the Secr of Agriculture for enforcement under 6
ces ,,.,
A ,F ay be granted by the Development Review Board
only • cordance with Title 24, Vermont Statutes Annotated and
44 C``y Section 60.6.
(ii) . Any variance issued in the Special Flood Hazard Area shall not
increase flood heights, and shall inform the applicant in writing
over the signature of a community official that the issuance of a
variance to construct a structure below the base flood elevation
increases risk to life and property and will result in increased flood
insurance premiums up to amounts as high as $25 for $100 of
coverage. Such notification shall be maintained with a record of
all variance actions.
28
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
G. Flood Plain Overlay(Zone 0.2%) Subdistrict
(1) Permits. A permit is required from the Administrative Officer for all
development, as defined in Section 2.02 (Definitions), in the Flood Plain Overlay
(0.2%Zone) Subdistrict.
(2) Permitted Uses. Those uses allowed as permitted uses in any underlying zoning
district within the City may be permitted in the Flood Pia' 'verlay(0.2%Zone)
Subdistrict only in accordance with the provisions of
(3) Conditional Uses. Those uses allowed as conditional wet in any underlying
zoning district within the City may be permitted in the Elo4 lain Overlay(0.2%
Zone) Subdistrict only in accordance with the provisions oft ection.
(4). Prohibited Uses.In addition to any us,, of spe ifically listed in the underlying
zoning district,new Critical Facilities a .specifi• t; prohibited in Flood
Plain Overlay(0.2%Zone) Subdistrict:�� ' t e
(5) Area, Density and Dimensional Requirements
In the Flood Plain Overlay
' - Subdistrict-. tructures shall be subject
to the area, density and dime ion. ents e underlying zoning district
as set forth in Article IV and Table C-2. D* al Standards of these
regulations.
(7) Addif► 1 Standards.
(a) Ans.rt _ expanded or substantially improved in the
Floo s Over ay .. /o Zone) Subdistrict shall be located such that the
lowest I at least one(1) foot above base flood elevation.
(b) I lood P Overlay(0.2% Zone) Subdistrict, where base flood
ele jns an for floodway limits have not been provided by the National
Flo°e urance Program in the Flood Insurance Study and accompanying
map t is the applicant's responsibility to develop the necessary data.
(7). Ad ation and Enforcement.
Administration and enforcement of development in the Flood Plain
Overlay(0.2%Zone) Subdistrict shall be subject to all requirements of Article
XVII(Administration and Enforcement)of these Regulations.
17.03 Certificates of Occupancy
29
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required
for single-family or two-family dwellings located outside of the Flood Plain Overlay(Zones A,
AE, and Al-A30) Subdistrict
444.044
�.r
Z
x
E
el'<� �iy, x3-
44
30
APPENDIX C USES and DIMENSIONAL STANDARDS C-1
District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
parki
gs only otherng and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
TA-N ALL 10 acres 20% 40% 75 5o 50 15 35 40
IA-S ALL 10 acres 10% 20% 75 50 50 15 35 40
PR ALL none 15% 25% 40 15 3o 15 35 40
MU ALL none 3o% 70% 40 15 30 15 35 412
SEQ-NRP, Single-family 12,000 SF(1.2) 15%** 30% 0 10 30 15 45 45
NRT and Two-family 24,00o SF(1.2) 15% 3o% 20 i 3o 15 45 45
NR All other uses 40,00o SF(1.2) 15% 30% 0 2•
30 15 45 45
SEQ-VR Single-family 12,00o SF(1.2) 15%** 3• • 10 3o 15 50 50
and VC Two-family 24,00o SF(1.2) 15% 30°0 20 10
30 15 50 50
All other uses 40,00o SF(1.2) 15% 0% 20 20 30 15 50 50
QCP Single-family 7,500 SF(4) 2o% 4•' io 5 _ 10 15
Two-family 12,000 SF(4) y% 10 5 10 15 25 25
Multi-family 6,00o SF/unit(4) 0°o, •% 10 5 10 15 25 25
Non-residential uses 12,000 SF 20 % 10 10 10 15 25 25
LN Single-family 12,000 SF(4) `% 40% 20 10 30 15 25 25
Two-family 12,00o SF/unit(4) 2♦ 40% 20 10 30 15 25 25
15
Ri- All 14,00o SF(3) o% 40% 20 10 30 15 25 25
Lakeview
Ri All 40,00o SF(1) 15% 25% 5o 25 3o 15 35 4o
15 35 40
R2 Single-family 22,000 SF(2) 2o% 40% 3o 10 30 15 35 40
Two-family 22,000 SF(2) 2o% 40% 3o 10 30 15 35 4o
Multi-family 11,00o SF/unit(2) 20% 40% 30 5 5 15 35 40
R4 Single-family 9,50o SF(4) 2o% 40% 3o 10 3o 15 1
35 4_
Two-family 12,000 SF
(4) 20% 40% 30 10 30 15 35 40
Multi-family 6,00o SF/unit(4) 20% 40% 30 10 .�3 0 1 35 4 0
_
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-2
District Land Use Minimum lot size(max. Maximum site Standard setbacks (feet): Maximum Building Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only otherng and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
Non-residential uses 40,000 SF 3o% 6o% 3o 10 3o 15 35 4D
R7 Single-family 6,00o SF(7) 3o% 40% 3o 10 3o 15 35 40
Two-family 10,00o SF(7) 3o% 40% 3o 10 3o 15 35 40
Multi-family 6,000 sF/unit(4) 3o% 40% 10 3o 15 35 40
Non-residential uses 40,000 SF 40% 6o% O 10 30 15 35 40
R12 Single-family 6,000 SF(12) 3o% 40% o 1. 3o 2_5 35 40
Two-family 8,000 SF(12) 3o% 4• • 10 3o 15 35 40
Multi-family 3,500 SF/unit(12) 40% 60% 30 10 3o 15 35 40
Non-residential uses 40,000 SF 40% 60% 0 10 3o 15 35 4.0
R7-NC All residential )110R7 standards
uses
All non- 12,000 SF . •o°°i •% 3o 10 3o 15 35 40
residential uses
C1 Multi-family 3,50o SF/unit(12 0 4 70% 30 10 3o 15 35 40
All other uses 40,0oo SF A 0°0 70% 30 10 30 15 35 40
C1-Auto All 40,000 SF 40% 7o% 3o 15 3o 15 35 40
Ct-AIR All 40,000 SF 40% 7o% 3o 15 3o 15 35 40
Ci-LR Single-family 6,000 SF(12) 3o% 40% 3o 10 3o 15 35 40
Two-family 8,000 SF(12) 3o% 40% 3o 10 3o 15 35 40
Multi-family 3,500 SF/unit(12) 40% 70% 30 10 3o 15 35 4o
Retail(principal
permitted use,
max.5,00o SF
GFA) 20,000 SF 40% 7o% 3o 10 3o 15 35 40
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-3
District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only parking and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
Other non-
residential uses 20,000 SF 40% 70% 30 10 30 15 35 40
AR Single-family 6,00o SF(12) 3o% 40% 3o 10 30 15 35 4Q.
Two-family 8,000 SF(12) 3o% 40% to 30 15 35 4Q
Multi-family 3,50o SF/unit(12) 40% 70% 0 10 30 15 35 40
Retail(principal 40% 70% 30 1 30 15 35.
permitted use,
max.5,00o SF
GFA) 20,000 SF
Other non- 40% 70% 30 10 30 15 35 40
residential uses 20,000 SF
SW Single-family 6,000 SF(7) 3o% A f . 30 10 3o 15 35 40
Two-family 10,00o SF(7) •% 30 10 3o 15 35 40
Multi-family 6,000 SF/unit(7) 30% •% 30 10 3o 15 35 40
Retail(principal 20,000 SF 40°' ''/0 30 10 30 13 35 40
permitted use,
max.5,00o SF
GFA)
Other non- 20,000 SF 4o'. 7o% 3o 10 30 15 35 4Q
residential uses
CD-1 Please ss :4 8, Central District 15 35 35
CD-2 15 35 35
CD-3 15 35 35
CD-4 15 15 35
C2 Multi-family 6,00o SF/unit(7) 40% 7o% 3o to 3o 15 35 40
All other uses 40,00o SF 40% 7o% 3o 10 3o 1.5 35 40
IC All 40,00o SF 40% 7o% 30 10 30 15 35 40
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-4
District Land Use Minimum lot size(max. Maximum site Standard setbacks (feet): Maximum Building Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only parking and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
AIR All 3 acres 3o% 5o% 50 35 5o 15 3. 40
AIR-I All 3 acres 3o% 5o% 5o 35 50 15 '15 40
IO All 3 acres 3o% 5o% of 35 5o 15 15 40
)111110p J
4IP
1110
DRAFT Approved by Planning Commission 11-30-2010
Current Zoning - Southeast Quadrant
With additional features shown
A -.R ' Arl 4
'k ,
.� +
i.
r
_
\ ,.-4410*- --. -
11111 ..- ,- ' • 4°IC4‘ .
/
. „,„ . _., __ . :
I
kU! `,.
WF
.., 4 ... f
SEQ Zoning Districts Map features
Municipal Streams N tl
Natural Resource Protection re;4 i, Potential Wetlands
•"' '' (State-listed wetlands in full color)
Neighborhood Residential (Potential wet areas in lighter color)
Neighborhood Residential-Transition
Village Commercial soul,
Village Residential 0 50 100 200 300 400 For Planning Purposes Only.
Yards Map created 4/9/2010
V06.
`..0."'•
south :; inizton
PLANNING & ZONING
MEMORANDUM
TO: Sandy Miller, South Buthngton City Manager g� �
FROM: Cathyann LaRose, Associate Planner
RE: Naming Recommendations for 1100 Dorset Street
DATE: December 14, 2010
Earlier this fall the City Council requested a recommendation from the Natural
Resources Committee on an official name for the city-owned property adjacent to
Dorset Park. This property has in the past been referred to as the `Calkins Property' or
the `Dorset Park Natural Area.' However, it has never been officially designated in name
by the City Council.
Planning staff worked with the Natural Resources Committee to investigate the property
in reference to its historical, geographic, and geologic attributes. The Natural Resources
Committee also solicited recommendations from a talented group of South Burlington
Middle School students who participated in a place-based learning module throughout
the first semester. The Committee considered nearly 20 different naming options.
The final recommendation of the Natural Resource Committee is:
Wheeler Highlands Nature Park
Historical Reference
The Committee considered several historical references to a proud history of the
property, including Crossman, Wheeler, Heald, and Calkins. While each may be
appropriate, the Committee unanimously believes that Wheeler most robustly reflects
the property and the City's heritage:
• Herman H. Wheeler constructed the three-story brick farmhouse (now the
headquarters of the National Gardening Association) on the property in 1903.
• Mr. Wheeler served as the City's Town Clerk and Town Treasurer, and also
served as a representative to the Vermont Legislature. For at least sometime, the
building served as his office in these official capacities.
• The Wheeler family maintained ownership of the property for nearly 40 years.
575 Dorset Street South Burlington, VT 05403 tel 302.846.4106 fax 802.846.4101 www.sburl.corn
The Committee also carefully considered the common name of Calkins but ultimately
did not feel any responsibility to the Calkins name. Research indicates that:
■ While Rena Calkins owned the property, she never actually lived on the site or
even in the City of South Burlington; she rented the house to various people and
members of her extended family used the remainder of the property to raise
cattle. The property was sold to the City in the early 1990s for $1.5 million
dollars, considered at the time to be fair market value. There were no
conservation easements granted nor any donation of the land. The conservation
easement which exists on the property was placed on the property by the City.
■ Conversations with several people in the City who were actively involved in the
purchase of the property in the early 1990s indicate that Mrs. Calkins never
wished to sell the property, only doing so in her last year and through a power of
attorney.
In summary, while the Calkins name received some publicity during the vote for a site
for the police station, its only historical significance appears to be that it was the name
of the property owner who sold it to the city.
Geography
The Committee wished that a name would reflect a sense of relative geography and
focused on the hilly, upland nature of the property, or Highland.
Intended Use
The Committee also pondered a 'surname'. They considered a variety of terms
including: natural area, preserve, park, and gardens. The Committee unanimously
wished to avoid both natural area and preserve out of concern that those terms would
leave citizens feeling that the properties were to be left unused and enjoyed only at a
distance. This is not consistent with either the committee's objectives or the input they
received from the public results of the student survey of the community. The Committee
feels that the term Nature Park best reflects the community's goal for the property.
The Committee also wishes to present a set of secondary naming suggestions that they
are comfortable with. They are:
Wheeler Knoll Nature Park
Highland Ridge Park
Wheeler Ridge Nature Park
Staff has held a Preliminary conversation with the chair of the South Burlington Land
Trust and has been invited to the organization's December meeting. Our preliminary
conversation has suggested that the SBLT may be supportive as to the Wheeler name
being more robust than that of Calkins. However, as a full meeting of the Land Trust
does not take place until December, staff is reluctant to speak on their behalf.
EY
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December 20, 2010
Presentatiot.„, ,,,,,t1:::-:,..,-,-,‘-- - ''
n by:
Justin Rabidoux, Director of Public Works
Tom DiPietro, Stormwater Superintendent
i
R. South Burlington;
Stormwa r Utility Last Updated: December
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Welcome to the Stormy
_ a �r Neighborhood
• Built in• 1987.
µi.,,,,,--,''',4. r'.- t.t.,,'-,#,_,,,t,- .1 ' '14 „ -, i Neighborhood is located in
4 F, �` a a stormwater impaired
� � ¢ ' '� R j watershed and has an
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a ,
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' ts,„.,,,,ii. ,-,„ ,,... representing 10 home
, ? 41, .. 4.- 4, ,--., �# - ,,,,' , 41.-4:104,,,, :-, � _ • Impervious area total is 4
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- Private property
�s i� x s ��yr�", �yjs� .' ,s,� s ' ! �s$ �1 contains 3 acres
p� �
. - Public ROW contains 1
� x � l6A acre.
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P:14 .u q
he homeowners in the Stormville
4
Illv eighborhood want to upgrade their
1tormwater
treatment system to current
iandards for the following reasons:
l'iliti;:'-}1:";"• They want to do their part for clean water and a
•�- ai ` clean lake.
8 H
Sigh likelihood that State permit requirements
h;3t
vwll obligate them to upgrade their stormwater
treatment system in the future.
3 �
A C•ants are available (to the stormwater utility)
that can reduce the cost of upgrades to residents.
• Once upgraded, the stormwater utility will take
over maintenance of the system.
• Tired of hassle associated with sale of homes
(State permit deferral form).
.. d.� .ce r3,3'",,. lifflarZWITNI�.: '
i
South Burin ton
: ; Storm water r° Utility
-,..,, ,,,,,x,,,„
if.
w _ SW System Upgrade
,_ ,.,,,,f..g .,
Process
�d figg..
,,,,,.,,v, r
f
,yea"
1 . Homeowners hire an engineer and
complete an engineering design to upgrade
the system to newest State standards.
re42. Submit the engineeringdesign, with a
g ,
�y � Stormwater System Take Over
�� 4,ir* Ott"
Application, to the Stormwater Utility.
'. �* M1 R Stormwater Utility reviews and accepts the
plan.
4. Preparation of legal documents:
„ r 1`' Easements to allow stormwater utility staff
:3
access for maintenance.
2. Maintenance agreement so that future
responsibilities are clear.
5 . Complete Construction.
k' wx"y rE' ' :• ,,.,°'ems h" "'' t€ ''*�. :r�" i,_ '�"k k a 'j*"' ''""�h` "aa°Z'
4
South r
orr4aatr [utility
k§;`-tea «-4`.=
..x
w Stormville Projec
f
��,. Financing
S tormwater Improvemen..,,,
t Project
estimated to cost S 100 000 .
ww
� Stormwater unlit portion of the
pro ' ect is 25% (S25 ,000) based on
J
m ervious area owned by the Cit .
p Y
• Homeowner Association responsible
p
for 75% S75,000 or S7,500 / home )
of ro ' ect based on impervious area
p J
„,, owned by ro ert owners .
p p Y
i
SouthBurlington
S
I
7 ,
''',74I:- Stormville Project
,.. . . ..., Financing
� a
w'17-:':'?'' hy
s£ Stormwater Utility obtains a
i1,,,,,,-;:::.,,,,,,;
7,,,,,, -„,,,,,:„.„,„
iitiVit
41''''''' —,,,),,,,,,,,„,,,,,
rant that will a 7,145,44% g
for 75 % of
.4,..-,„,----.„4041
:P*''''''-4:avik the project costs . Project cost
tiv,::: ::,;,-,,,,,„,,,
, , _,,,,,,,„,,,„.,,,„
breakdown becomes :
, ts
. ,- ,: . — Grant will pay for: S75 ,000 (75%)
i-�� - Remaining project costs are
, � : S25 000 25% .
s Stormwater Utility: S6,250 (i.e. 25%
kip
, of remaining
S25 000 .
g � )
• Homeowner Association: S 18,750
(75% of the remaining S25,000) or
$ 1 ,875 / home.
� .
,.� . -� air'^. ,a�� 3 e _ '+ �,"n(; s`-3 -ems ='�� 4�.,
.,,,, y.�x,�.x...:r..r.�z..,ed,..�.:i'v ,:.tAg.t'.kt*,,,
South Burlingilt
aStormwater f Utility
, .
, ...,,,,
How is project funding
collected from the
,.
Homeowners in Stormville?
„ G + Signed project agreement states that
' homeowner association will pay
their share at the end of the project.
- Stormwater Utility receives a check for
S 18,750 at project completion.
• City creates a Stormwater Special
Assessment District for the
Stormville neighborhood.
- - $ 18,750 + interest is broken out over a
number of years and charged to
residents on their quarterly stormwater
bill. This is on top of the S4.50 / month
that the residents already pay.
•
South Bu �ton rli
�' � � °tnri.�„mt��r lfCi'it'�
ram'
tomlittow eview of Fundin Sources g
forStormwater Projects
P ;ems
Stormwater Utility fees billed to
residents on a quarterlybasis.
VF Grants — Federal or State sources, as
available.
• Stormwater Special pal Assessment
w �T District established for residences in
.
the project area.
Lum sum check from Homeowner' s
totp
Association. '°704 i 111
t '�fir' Y X 4
611,4305
NO GENERAL FUND r
DOLLARS WERE USED
IN THE
P. , .;. .
CONSTRUCTION OF Gene
4 t
THIS PROJECT. .� s ral
ta Fund
!?± YT Future Stormwator UtiIi
t,...,,,,,,..,
v
Budgets.,,.„,„...„4
A
Potential Increased Expenses
,i.,„,„„:„...„:„,
,
" - — Operational ex enses
due to Clty
take-over of additional
stormwater treatment systems '
Chan es to City' s MS4 permit
'
' ,,,--- '
- that require additional work or
�� construct ion of new stormwater
treatment practices .
• Revenues
— Stormwater rate adjustments .
kq r y- s,'' ""` tt x 741K s ` 1 w "-; V - -a. .;w„' ;r +`a+*,.w,. 6 r t,x 15=1 '%.
South Burlington
lwaffttagi
ctorr �
x ��titer tik�i it'
„:„4„,,„.z
Quarry IOD
+S - • Stormwater Utility 'worked with
Quarry Ridgepg HOA to upgrade
their stormwater treatment
pond
using ARRA funding,
completed in Oct. 2009 .
• If the easement and IOD ar
e e to
be accepted by th '
pe City,
Council needs to vote to accept
p
them.
r
S .: .ac..e»....... � .ir'�Y�L.'�....,ty+ t -�l"r�Cal
South Buriirigton
Stormvvater Utility
k-4:414
411"
s Stormwater Special
Assessment Districts
We would like to create two
stormwater Special Assessment
•
Districts for projects under
development.
# { — Butler Farms / Oak Creek Village
E,
Stonehedge
Creation of Special Assessment
sr Districts requires voter approval to
q pP
.. . assess these specific homes .
• Propose to place on March 1 , 2011
ballot.
• Draft language provided (in your
hafidoilt)
South Burlington
5t0lffntWfaLf'f Lfllt.y
R �¢ ,,
Grant
�:
RiC
iiitiLiraill
:r1:11110,It
pei
Piti SIWRF funding left over from
,,,,,,00:0149
,,,,,,zoios,�: Farrell Street stormwaterproject.
t r We would like to use th is funding
--„,,,,,,,,,,,,.,,,„..„,,t1
: � 3 to construct the Hayes Avenue
Project.SW Improvement
,,.„.
„,..
,, ,
' <1'''''7
• Refer to email from Jim Pease
at
.. ..... ..,,,,..,....... ,,,. ,t,. .
he VT ANR.
. ..„.. , , , ,,....„„_,„„. ,
,.,... ,,..,, , ,
,:,,,,,00,,,,..:.,,,#,,,,,,„,,,,, ,
� S S I WRF applicatanyitt,,,' - ' . ion requ ires
Council signature .
z
\South
Burlington
i`is e ��i"� <j''_q'2+�"tP4'' 'sE kshd r Y'" `..Ts;'>'''''{"�.45.
l
s,, , ,,
WHayes Avenue Project
t �,;
$, �
It ' r9 e „ ■ ■
n _ Financing
A°
Estimated Construction Cost:
Uj S229,,,:4-.*,-„, ,4,,,,t,
,,,,,,„,,,,, ,
3
,;,,,,-,,,„..,,, _
,,,,,z.,,,,_,, „..
Grants
— Clean & Clear Grant: S50,000
— SAFETEA (pending) : S63 ,208
— SIWRF (pending) : S95 542
• Remainin Project Cost: S21 120
�
Stormwater utilityShare (33 % :
� s
S6,996
— Neighborhood Share (66%) : 14,204
(S63 . 13/unit) *
W �:.a°.�re..rit' i`^3-Aaa:ra?L,Z4 .kil '''VA''',-1'!e 'f�:s, _'. ' 7 .._ , ;.' ,.._s,.1-,!i.. kr-,,, ..,t, , ,.�
South
* Cost does
engineering not include
dollars already ady af- Strrswwa er
spent by neighborhood.
$ fi'
A i
,,,,,,,?...,
,,,,,-„: ::::,,,..it,,,,,,,iiiI,,,,,,,ir
Winding,.., ,,..z„i„,,,. ...:,,.:,..,_,,,,:,,-,,,,,,:,:ti,„1;i?
Brook
Stormwater
� � . I
Permit Requirements. ....,...,,,,..„:„„y,
....:::,..,,,„..;:,............:,:::::::..„....,„,
,. ..„„.,,,,,,,„•„,„,,
..,,,,,-„:„.„,,,,,,,,,,,,..,„ .,
i...,,.... .... ....„,........... ..
-'4---;•,,,,,,,,,, --,t,:,
z � 3, 4.„..,.•,..,„,:„.„,„..,,,..„.„,„ Annual State stormwat er permit
„, F fees
„,-,:„.,,,,,,,,,,,
:a
, .. ,.. .. . Ren,.....,,,..,,,, ,...„.............,
„„.„:„. .,,,...„,,,,,.,,,
ewal of Statepermit ever S
Y
E�
years
Annuals stem m aintenan ce
, ... , . . , . ........ Y
••;::-;- -- --,? -•-, '- •, , ' ,. .....•, ,.,i.. .,,. .,.,..:.,„ : Annu al inspection & reporting
,...,.. . ,,, ...,,, ,,„_, . ,....,,,,, ,
..,.......,.".,.....„:,,. .„...„:„.........,,,... ,.,
. „:.
w a r gF .a ->.-��- -hr s x S -*n a
yak :F c ._.,.;: l.$ " "»—:. :r.Y ,� :a:-,:,.�.»a ;s s'1°,a,' 1°�',�,��......:: .. ....... .,,_'`.f, .��.�s',r�.a.�`e�.:s ....,,..,,,. ;`,sn,.r.:a,�i,9 tb'`a�...;E:::: .t,,„was, F€
-1.
South BurtFnnc ors
l3 x ;to-rill'1jI/t �' .I i
. ,,,,,f,..,. ,,,.„, , , .,
'1'''''''''' ' '''',"
WindingBrooks Existingiti'::440/240
,,, , ,,„:„. ,
., , Stormwater Maintenance
,,
„,
,_„,,,,. .,.,
:,:---:-r-ifi,
,„,„-4,-,,,,,,,:-. Agreement
,,,,,,,,,,-2,4,,,,,,
lif'';:t:,,, Stormwater Utility assumes responsibility
, 7 -.; for:
— maintenance of the system
i' ,14:4544:011,- — inspection, reporting and re-certification
„r
• Stormwater Utility does not assume
!,,,44,44 ''',,.:,:-!-, '... responsibility for:
- Permit renewal (permit was expired).
Permit fees (no valid permit = no fees).
•
x � :
— System upgrades required by regulatory permits.
Agreement (1/7) states that when ANR
establishes a new permit that authorizes
Stormwater discharges into stormwater
impaired the Stormwater Utility will follow
policy then in effect relating to renewal.
..:" . „ ''.� :` r a 4' '-f: u.,"•-:;.✓iax,:fpril ;,-;-. ,S "ue " .. zu�.arsn c, fIM`+Xaic a' `,.,,s Z...,.., ,.r,0.t Y€ i,-ei
a
At
Storrniv:rir�Ef L EI.ity�.,
, -
.,,,,,
f'.
�Y
4�
,,
zs . ,•, -;-: WindingBrook — Estimated
, ,, _ _,
, ,....,, ,. „,
, _ ,_ ,
'-. .,,, ,-,,, 4,,,,
An.4;,,,,,,„ 7
nual Costs if Permit
is
, , ,
,,,,,,,,- !
, ,, , ,„,,,,,,,, Transferred
to the City,,,, , , ,,
.,,,,,
_ 4 ,, ,,
, ,,,,-- ,„. .,,
. ° Stormwater Utility Winding Brook Costs
} ' Costs • SW Utility Fee
• State Stormwater — $2,970/yr
Permit: .
TBD capital upgrades
— Annual Fee S240.90 as necessitated by
/ yr future AR permit
— Renewal every 5 requirements\ , if any
years S200.
• Inspection and
,i,- ::, , , 'Reporting
8 hrs S WU staff
labor: �5320 / yr.
• Maintenance
— Mowing, clean out,
repair, etc. - 30i hrs /
yr: S1 ,200
Estimated Annual
.to the S
Cot :ity $T8TO7'yi
iz
south urljnctor
Ke' ),
- ;. -tCr s
31
Future SW Permit Transfer
Requests
• South Pointe has also requested transfer
of their valid State SW permit to the
City.
h ` • There are —30 residential State
stormwater permits issued in stormwater
impaired watersheds in South
Burlington.
• 'We have already transferred two permits
outside the impaired watersheds. A third
is underway.
• We have maintenance agreements with
five permittees in impaired watersheds .
• 2006 Council resolution expressly states
that Utility was to accept valid permits.
, , _ , - ,, ,. - ,
if/m South Burlington\),
�tplf i �4Ef �l�ll4y,
i ,,
MS4 Permit
S4 — Munc l Se araV iiaSeparate Storm
Sewer ,
SY stem ANR permits
munici alines and their discharges .
p
New draft of MS4 put ut out for
permit
ublic comment by ANR in March
p
2010.
Citysent comments to AN R in April
p
2010.
• Updated draft of MS4 permit sent to
1 ;PA in October 2010. For the most
part, comments submitted by the
regulated communities were not
incorporated.
• ANR' s Response to Comments will be
available wlet
va lablerywhen the perr itis issued.
South B l'Itti gtgr1
r/ �� --
t r
, s � flfm
f 'stfLI I ''
i
Major Proposed Changes in
MS4 Permit
• City responsible for developing Flow
Restoration Plans (FRPs) for all
impaired watersheds in 3 years .
• (i.e.Im lement construct stormwater
p
treatment necessary to meet the
restoration targets) all FRPs within 10
years .
• City to fund stream in
gauging
unpaired streams, previously paid for
by AN R.
• MS4 Permit fee increased from SO to
S 1 ,000 for 5 yr permit.
• Permit may be appealed by any party,
permittees discussing options .
z„zc�,. R.. 'has.. ,. ....... ,wrzi
\ thinctoii
. . ,
• .
Estimated SW TMDL
Implementation Costs
pi,,44.4:,,,,:eci,74,
r:::,
,..„.„,„.,
T Estimated Cost to:
Create FRP (cost Maintain Stream
Watershed over 3 years) Implement FRP* Gauge (Styr)
;� Potash $ 3,20C.00 S25,5�-',CCC.C: $ 14,CC7,,2C
Bartlett $ 5,CC0,00 S 5,8::,C0:,:0 $ 3,::::
Centennial S 8,000,00 S 8,100,000.00 S 6,CDO, C
Pnr Munroe S 1 ,500.00 TBD $ -
Englesby $ 1 ,2:1:C TBD $ -
Total $ 23,500.00 $ 39,400,000.00 $ 28,000.00
Va ues based on o d ANR estirates, Has not been updated since 27,::
In addition, the 5 year permit fee recently increased
from $0 to $1,000
I \\>
Sough urffn ton
tort ikt deer Utility
South Burlington
Stormwater Services Office
575 Dorset Street • South Burlington, VT 05403 Dept. of Public Works
Tel: (802) 658-7961 • Fax: (802) 658-7976 104 Landfill Road
Memo
To: City Council
From: Tom DiPietro, Stormwater Superintendent
CC: Justin Rabidoux, Sandy Miller
Date: 12/1/2010
Re: Stormwater Topics on December 6, 2010 City Council Agenda
There are five stormwater topics on the City Council agenda for December 6, 2010. They are:
1. Acceptance of Quarry Ridge Irrevocable Offer of Dedication
2. Discussion of Stormwater Special Assessment Districts for March Ballot
3. SIWRF Grant Application for Hayes Avenue Stormwater Improvement Project
4. Continued Discussion of Winding Brook State Stormwater Permit Transfer
5. Update on Draft Changes to the City's MS4 Permit
This memo is intended to provide background information on each of these topics. Staff has also
prepared a powerpoint presentation to facilitate discussion at the meeting.
1. Acceptance of Quarry Ridge Irrevocable Offer of Dedication
Attachments:Signed Quarry Ridge Irrevocable Offer of Dedication
Background: The City worked with the Quarry Ridge Homeowners Association to upgrade their
stormwater treatment pond using ARRA funding. The construction is complete and the one year
warranty period has expired. Now that improvements have occurred, the City has agreed to
maintain the stormwater treatment pond. We have an irrevocable offer of dedication for an
easement over the pond area. Acceptance of this easement allows us access to the pond for
maintenance purposes.
2. Discussion of Stormwater Special Assessment Districts for March Ballot
Attachments: Draft Special Assessment District Language prepared by the City attorney for the
Butler Farms / Oak Creek Village Stormwater Improvement Project, Draft Special Assessment
District Language prepared by the City attorney for the Stonehedge Stormwater Improvement
Project.
Background: For the past few years, the City has been working with these neighborhoods to design
improved stormwater treatment practices. Both neighborhoods have expired State stormwater
permits. In order to pay for construction of the proposed stormwater improvements, the Stormwater
1
Utility would like to create a Stormwater Special Assessment District for each neighborhood.
Creation of a Special Assessment District requires voter approval and we are proposing to include
these two ballot items on the March ballot. If the ballot item is approved, the City would take a loan
to cover the homeowners share of the project costs. The homeowners would then pay this amount
plus interest back over a number of years (TBD). The bill would appear on the quarterly
stormwater utility bills that residents in these neighborhoods already receive. Cost estimates are
being refined, but using numbers currently available the cost per unit would be $772 for
Stonehedge and$800-$1,000 for Butler Farms and Oak Creek Village.
3. SIWRF Grant Application for Hayes Avenue Stormwater Improvement Project
Attachments: Email correspondence between State DEC Staff, Hayes Stormwater Improvement
Project
Background: The City is working with seven homeowner associations in the area surrounding
Hayes Avenue to improve stormwater treatment. The neighborhood has an expired State
stormwater permit. An engineering design has recently been developed and the City is now
looking for ways to fund construction of the project. The City currently has -r$95,000 in Stormwater
Impaired Waters Restoration Fund (SIWRF) left over from the Farrell Street project. We'd like to
transfer these dollars to the Hayes Avenue project, but reallocation of this funding requires us to
submit a new grant application. If we were bonding for construction of this project the application
would require a public vote (similar to what the City did for the five stormwater projects completed
using ARRA funding). However, because money for this project has been set aside in the
stormwater utility budget we will not need to bond for this project. According to State staff at DEC, if
we are not planning to borrow for this project then we only need to submit a copy of the minutes
where this project and grant application was discussed and approved by City Council.
4. Continued Discussion of Winding Brook State Stormwater Permit Transfer
Attachments: Existing Winding Brook Stormwater System Maintenance Agreement, Winding Brook
Estimated Annual Costs if Permit is Transferred to the City
Background: This agenda item is a continuation of a discussion that City Council had at their
October 4, 2010 meeting. The City worked with the Winding Brook Homeowners Association to
upgrade their stormwater treatment system using ARRA funding. Since that time, Winding Brook
has paid an offset fee and has received a valid State of Vermont stormwater permit. Winding
Brook has asked if the City would be willing to accept transfer of the State permit from the
Association to the City. At the last meeting, council requested additional information related to the
existing agreement and what additional responsibility the City would assume by transferring the
permit. Under the current agreement, the City is responsible for maintenance, inspection, reporting
and recertification of the system. The City is not expressly responsible for permit renewal and
payment of permit fees. If the City were to accept transfer of the permit we would become
responsible for these items.
The City is likely to receive additional requests for permit transfer in impaired watersheds in the
future. Since the October 4, 2010 Council meeting, a second neighborhood (South Pointe) has
asked if the City would accept transfer of their State Stormwater permit.
5. Update on Draft Changes to the City's MS4 Permit
Attachments: None
• Page 2
measures related to stormwater management. In March 2010 ANR released a draft of the new 5
year permit. City staff commented on the draft permit in April 2010. In October 2010 the State of
Vermont sent an updated copy of the draft permit back to EPA. For the most part, the comments
submitted by the MS4 regulated entities were not incorporated in to the updated draft of the permit.
No official response to comments has been issued by ANR. This will be released with the permit is
finalized.
The changes contained in the updated draft of the MS4 permit will have impacts on the City of
South Burlington. The new permit requires that the City prepare Flow Restoration Plans (FRPs)for
all impaired watersheds within 3 years of its issuance. Implementation of FRPs(i.e. construction of
stormwater treatment necessary to meet the restoration targets) is required within 10 years. In
addition, funding for stream gauges in the impaired streams will become the responsibility of the
municipality. These changes will likely have financial impacts on the Stormwater Utility budget, as
well as on the activities of City staff. The City of South Burlington contains part of five stormwater
impaired streams and will be required to work on all of these plans and projects simultaneously. In
addition, ANR has estimated implementation costs for Potash Brook alone to be $25 M. Staff will
be working to prepare a better estimate of the financial impacts of these changes and present this
information at the upcoming City Council meeting.
• Page 3
Vd 5.,.-W [ f-L.f_e?E't. -s 'L.•k s =. _->_.
re'st ceived ro. 15,Fiji; Si.'�5A
d VOL -°3/to
Recorded i;
OF `o. Burlinstor, Lnrd
Attest
as D,;o,;
AMENDED IRREVOCABLE OFFER OF DEDICATION
ra
Agreement made this tLL day of February, 2010, by and
between QUARRY RIDGE HOMEOWNERS ASSOCIATION, INC. , a Vermont
corporation with a principal place of business in South
Burlington, County of Chittenden, and State of Vermont (the
"Owner") and the CITY OF SOUTH BURLINGTON, a Vermont
municipality located in the County of Chittenden and State of
Vermont (the "City" ) .
N
0 WITNESSETH
WHEREAS, the City of South Burlington, through a separate
r•�
•
agreement, executed June 15, 2009 and recorded at Volume 878,
Page 85 of the South Burlington Land Records, has agreed to
carry out certain improvements to a Stormwater Detention Pond on
property owned by Owner as depicted in plans entitled "Quarry
Ridge Estates, Juniper Drive, South Burlington, Vermont, " dated
December 10 , 2009 and to be recorded in the South Burlington
Land Records (herein, the "Plan" ) ; and
WHEREAS, as a condition of the City' s agreement to carry
out the said improvements, owner is obligated to dedicate to the
City an easement surrounding and including the Stormwater
Detention Pond and access road;
WHEREAS, the above-described easement is to be dedicated to
the City free and clear of all encumbrances; and
'ITZEL,PAGE&
LETCHER,PC. WHEREAS, the parties executed an Irrevocable Offer of
PORNEYS AT LAW
I BATTERY STREET
PO.BOX 1507 Dedication on June 15, 2009, which is recorded at Volume 878,
iLINGTON,VERMONT
05402-1507
0 i0x c7874- V 923 PG: 309
Page 75 of the South Burlington Land Records; and
WHEREAS, the Owner delivered a warranty deed of conveyance
to the City for the easement above-described; and
WHEREAS, the previously executed Irrevocable Offer of
Dedication and warranty deed both referenced an earlier version
of the Plan; and
WHEREAS, this Amended Irrevocable Offer of Dedication is
executed solely for the purpose of updating the plan reference
contained herein and in the warranty deed; and
WHEREAS, the Owner has delivered a replacement warranty
deed of conveyance to the City for the easement above-described
and the City has returned the earlier warranty deed to the
Owner.
NOW THEREFORE, in consideration of the City' s agreement to
carry out the said improvements to the Stormwater Detention
Pond, in further consideration of the sum of Ten Dollars paid by
the City to the Owner, and for other good and valuable
consideration, Owner hereby grants and conveys to the City the
following:
1 . The Owner herewith delivers to the City a replacement
warranty deed, a copy of which is set forth as Exhibit A,
attached hereto, said delivery being a formal Offer of
'ITZEL,PAGE& Dedication to the City, to be held by the City until the
'LETCHER,PC.
TORNEYS AT LAW
71 BATTERY STREET
P.O.BOX 1507 4LINGTON,VERMONT 2
05402-1507
00007874 V: 923 PG: 3 0
acceptance or rejection of such Offer of Dedication by the City
Council .
2 . The Owner agrees that said formal Offer of Dedication
is irrevocable and can be accepted by the City at any time in
its entirety or as to any individual conveyance .
3 . This Irrevocable Offer of Dedication shall run with
the land and be binding upon the Owner and its successors and
assigns .
4 . Munson Earth Moving Corporation joins in the execution
of this Irrevocable Offer of Dedication for purposes of
subordinating a mortgage, recorded at Volume 448, Page 351 of
the South Burlington Land Records to this offer of dedication.
5 . Randall G. Munson joins in the execution of this
Irrevocable Offer of Dedication for purposes of subordinating a
mortgage, recorded at Volume 448, Page 342 of the South
Burlington Land Records to this offer of dedication.
6 . The City agrees to return to the Owner the warranty
deed, executed by the Owner on June 15, 2009, and previously
delivered to the City.
IN WITNESS WHEREOF, the Owner hereby executes this Offer as
of the day first above written.
'ITZEL,PAGE&
LETCHER,P.C.
CORNEYS AT LAW
1 BATTERY STREET
P.O.BOX 1507
.LINGTON,VERMONT 3
05402-1507
006 f07874- V: 923 PG: 3 I
IN PRESENCE OF: QUARRY RIDGE HOMEOWNERS
ASSOCIATION, INC. ,
Owner
BY= 'L f 2�'c 41/
Duly authori 'ed ant
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS .
At South Burlington, in said County and State, this (('4`
day of February, 2010, personally appeared Robert Christoffel,
• duly authorized agent of Quarry Ridge Homeowners Association,
Inc . , and acknowledged this instrument , by him signed, to be his
free act and deed, and the free act and deed of Quarry Ridge
Homeowners Association, Inc .
me,
// 2-E77
‘/--
otary Public
My Commission expires : 02-10-11
CITY OF SOUTH BURLINGTON
By:
Charles Ha er, City Manager
And Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
At SouthbBurlington, in said County and State, this tirfk
FA/Vary,day ,of Fua-ry, 2010, personally appeared Charles Hafter, City
Manager and duly authorized agent of the City of South
Burlington, and acknowledged this instrument, by him signed, to
be his free act and deed, and the free act and deed of the City
of South Burlington.
Before me,
ITZEL,PAGE&
LETCHER,PC. Notary Public
CORNEYSATLAW My Commission Expires : 02-10-11
1 BATTERY STREET
P0.BOX 1507
YINGTON,VERMONT
05402-1507
00007874 V: 923 PG: 3 2
f �
p'IUNSO ARTH OV 1V9. CO?ORATION
By:
Duly en
STATE OF VERMONT
CHITTENDEN COUNTY, SS .
At South Burlington, in said County, this day of
February, 2010, personally appeared Randall G. Munson, Duly
Authorized Agent of Munson Earth Moving Corporation, and he
acknowledged the within instrument, by him signed, to be his
free act and deed and the free act and deed of Munson Earth
Moving Corporation.
Before me,
4111
�ot :ry blic
4mmis ion Expires : 02-10-11
/ G. MUNSON
STATE OF VERMONT
CHITTENDEN COUNTY, SS .
At South Burlington, in said County, this t-tday of
February, 2010, personally appeared Randall G. Munson_, he
acknowledged the within instrument, by him signed, to be his
free act and deed.
Before me,
to y Public
'ITZEL,PAGE& My mmi s s i on Expires : 0 2-10-11
LETCHER,PC.
PORNEYS AT LAW son10-002 Quarry Ridge Stormwater Pond amended IOD.agr
1 BATTERY STREET
P.O.BOX 1507
5
:LINGTON,VERMONT
05402-1507
00007374- V: 923 PG: 313
x h, b►4- A
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that QUARRY RIDGE HOMEOWNERS
ASSOCIATION, INC. , a Vermont corporation with a place of business
in South Burlington, Chittenden County and State of Vermont, and
(the "Grantor") for good and valuable consideration, the receipt of
which is hereby acknowledged, does hereby GIVE, GRANT and CONVEY
unto the CITY OF SOUTH BURLINGTON, a Vermont municipality (the
"Grantee" ) and its successors and assigns, an easement for the
repair, maintenance, and replacement of a stormwater detention pond
and appurtenances thereto, to wit :
Being an area approximately rectangular in shape with a
protrusion on its northeasterly side which encloses certain
improvements shown on Sheet R1 of a plan entitled "Quarry
Ridge Estates, Juniper Drive, South Burlington, Vermont, "
dated December 10, 2009 and recorded at Map Slide in
the South Burlington Land Records (herein, the "Plan") . Said
area being delineated on said plan as a boundary identified as
"easements. "
Also conveyed herein an access easement of an irregular width
commencing on the westerly side of Juniper Drive between
buildings identified as 14 and 13 on the Plan, then proceeding
in a northwest direction between said buildings, then turning
to the right and proceeding north, behind the buildings
identified as 12 and 13, to the southerly corner of the
detention pond area.
The easement shall NOT act as a Bill of Sale for any
appurtenances. Grantor shall remain responsible for the
maintenance and upkeep of any all facilities outside the
Detention Pond easement area and access easement area, south
and east of a point where a 15" PVC pipe and an 18" PVC pipe
converge, at the southeast corner of the detention pond.
Munson Earth Moving Corporation joins in the execution of this
Easement Deed for the purpose of subordinating a mortgage,
recorded at Volume 448, Page 351 of the South Burlington Land
Records, to the easement herein granted.
1
00007874 V: 923 PG: 314
Randall G. Munson joins in the execution of this Easement Deed
for the purpose of subordinating a mortgage, recorded at
Volume 448, Page 342 of the South Burlington Land Records, to
the easement herein granted.
TO HAVE AND TO HOLD said granted premises, with all the
privileges and appurtenances thereof, to the Grantee, its
successors and assigns, to its own use and behoof forever; and the
Grantors, for themselves and their successors and assigns, do
covenant with the Grantee, its successors and assigns, that until
the ensealing of these presents they are the sole owners of the
premises and have good right and title to convey the same in manner
aforesaid, that they are FREE FROM EVERY ENCUMBRANCE: and they
hereby engage to WARRANT AND DEFEND the same against all lawful
claims whatever.
IN WITNESS WHEREOF, the undersigned have caused this
instrument to be executed this day of February, 2010.
(Signature blocks follow on the next 2 pages. )
2
00007874 V: 923 PG: 315
IN PRESENCE OF: QUARRY RIDGE HOMEOWNERS
ASSOCIATION, INC.
By:
Its Duly Authorized Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS.
At South Burlington, in said County, this day of
February, 2010, personally appeared Robert Christoffel, Duly
Authorized Agent of Quarry Ridge Homeowners Association, Inc. , and
he acknowledged the within instrument, by him signed, to be his
free act and deed and the free act and deed of Quarry Ridge
Homeowners Association, Inc.
Before me,
Notary Public
My Commission Expires : 02-10-11
MUNSON EARTH MOVING CORPORATION
By:
Its Duly Authorized Agent
STATE OF VERMONT
CHITTENDEN COUNTY, SS .
At South Burlington, in said County, this day of
February, 2010, personally appeared Randall G. Munson, Duly
Authorized Agent of Munson Earth Moving Corporation, and he
acknowledged the within instrument, by him signed, to be his free
act and deed and the free act and deed of Munson Earth Moving
Corporation.
Before me,
Notary Public
My Commission Expires : 02-10-11
3
00007874. V @ 923 PG 316
RANDAL G. MUNSON
STATE OF VERMONT
CHITTENDEN COUNTY, SS .
At South Burlington, in said County, this day of
February, 2010, personally appeared Randall G. Munson, he
acknowledged the within instrument, by him signed, to be his free
act and deed.
Before me,
Notary Public
My Commission Expires : 02-10-11
son10-001 Quarry Ridge pond easement.rea
END OF DOCUMENT
Stonehedge Stormwater Special Assessment District
Shall the voters, acting pursuant to 24 V. S .A. §3254, levy a
special assessment in the amount of $ for the purpose of
funding construction of stormwater improvements to benefit those
properties shown on plats entitled, (1) "Stonehedge Final Plot
Plan Phase I", dated August 1978 and recorded in volume 153-
plans at page 3 of the City of South Burlington Land Records,
(2) plat entitled "Stonehedge Site Plan", dated December 1978
and recorded in volume 153-plans at page 28 of the City of South
Burlington Land Records, (3) plat entitled "Phase II Stone Hedge
Site Plan" dated and recorded in volume 153-plans at
page 35 of the City of South Burlington Land Records and (4)
"Plat of Survey Cluster "C" Parcel", dated October 1980, and
recorded in volume 153-plans at page 104 of the City of South
Burlington Land Records, such properties being designated as the
"Stonehedge Stormwater Special Assessment District", with said
special assessment being apportioned equally among the 201
dwelling units located within the special assessment district
and to be repaid over a period of (_) years in
installments?
(Note: Only dwelling units shown on the above-referenced plats
will be assessed. A complete list of dwelling units to be
assessed, identified by street address, is available for review
in the City Clerk' s office during normal business hours . )
DRAFT PREPARED ON 11/16/10
1
Butler Farms and Oak Creek Village Stormwater Special Assessment
District
Shall the voters, acting pursuant to 24 V.S.A. §3254 , levy a
special assessment in the amount of $ for the purpose
of funding construction of stormwater improvements to benefit
lots 1 through 149 on plats entitled, (1) "Subdivision Plat of
Butler Farms", dated January 1985 and recorded in volume 197-
plans at page 97 of the City of South Burlington Land Records
and (2) plat entitled ""Subdivision Plat of Butler Farms", dated
January 1985 and recorded in volume 200-plans at page 80 of the
City of South Burlington Land Records and lots 1 through 113 on
plats entitled (1) "Oak Creek village Final Plat, sheet 2 of 3"
dated August 1987 and recorded in volume 286-plans at page 122
of the City of South Burlington Land Records and (2) "Oak Creek
village Final Plat, sheet 3 of 3" dated August 1987 and recorded
in volume 286-plans at page 123 of the City of South Burlington
Land Records, such lots being designated .as the "Butler Farms
and Oak Creek Village Stormwater Special Assessment District",
with said special assessment being apportioned equally among
said lots and to be repaid over a period of (_) years in
installments?
(Note: Only lots shown on the above-referenced plats will be
assessed. A complete list of the lots to be assessed,
identified by street address, is available for review in the
City Clerk' s office during normal business hours . )
DRAFT PREPARED ON 11/16/10
2
Page 1 of 1
Tom Dipietro
From: Pease, Jim [Jim.Pease@state.vt.us]
Sent: Thursday, November 18, 2010 9:15 AM
To: Tom Dipietro
Subject: FW: SIWRF stormwater construction grant award
From: Fitch, Larry
Sent: Thursday, November 18, 2010 9:10 AM
To: Pease, Jim
Subject: RE: SIWRF stormwater construction grant award
Yes, that is adequate.
From: Pease, Jim
Sent: Thursday, November 18, 2010 9:07 AM
To: Fitch, Larry
Subject: SIWRF stormwater construction grant award
Larry:
The below language in the SIWRF grant application (attached) indicates a vote is required. Assuming
that the municipality is not bonding for the project then is all that is needed is a copy of the council
meeting minutes where it was discussed and approved and a list in the budget of the confirmed funding
sources?
A. Authority to Construct and to Bond
1) Attach or include the following documents: A copy of a legal warning for the meeting
called to vote on the authorization to bond for and/or construct this stormwater
management project, as applicable.
2) A copy of the recorded vote on the articles pertinent to the project.
3) A certification by the municipal clerk that the documents in the above sections are true
copies.
Thanks,
Jim
James Pease
Stormwater Section
VT Department of Environmental Conservation
10 North Building, 2nd Fl.
103 S. Main Street
Waterbury, VT 05671-0408
Jim.Pease@state.vt.us
(802)241-2683
(802)241-3287 (Fax)
11/29/2010
Hayes Avenue Stormwater Improvement Project Cost Summary Last updated on 10/25/10
SIWRF Grant
Clean and Clean and SAFETEA Request (Use as
Clear Grant Clear Grant Grant match for Unfunded
Project Element Estimated Cost Request Match Request SAFETEA) Project Costs
Mobilization $ 3,000.00 $ 3,000.00 $ -
Pond 1 Construction $ 61,950.00 $ 50,000.00 $ 11,950.00 $ -
Basin 1 Modification $ 14,000.00 $ 4,250.00 $ 9,750.00 $ -
Storm Sewer Reconstruction $ 110,800.00 $ 63,208.00 $ 47,592.00 $ -
Swales $ 15,700.00 $ 5,000.00 $ 10,700.00 $ -
Construction Total $ 205,450.00 $ 50,000.00 $ 21,200.00 $ 63,208.00 $ 71,042.00 $ -
$ -
Construction Engineering $ 16,000.00 $ 16,000.00 $ -
Administration $ 4,000.00 $ 4,000.00 $ -
Legal $ 3,000.00 $ 3,000.00 $ -
Record Drawings $ 1,500.00 $ 1,500.00 $ -
Preliminary& Final Design Engineering $ 26,612.00 $ 26,612.00 $ -
Total Project Cost $ 256,562.00 $ 50,000.00 $ 47,812.00 $ 63,208.00 $ 95,542.00 $ -
Funding Scenarios
Assumes
that we
receive only Assumes Assumes
SAFETEA that we only that we only Assumes that we
Assumes we and SIWRF receive C&C receive do not receive
Project Cost Summary receive all grants grants* and SIWRF SIWRF any grants
Total Project Cost $ 256,562.00 $256,562.00 $256,562.00 $ 256,562.00 $ 256,562.00
Grant Dollars $ 208,750.00 $ 158,750.00 $ 145,542.00 $ 95,542.00 $ -
Percent grant dollars 81.4% 61.9% 56.7% 37.2% 0.0%
Local Share of Project Costs $ 47,812.00 $ 97,812.00 $ 111,020.00 $ 161,020.00 $ 256,562.00
City Share (doesn't include engineering. estimated 33%) $ 6,996.00 $ 23,496.00 $ 27,854.64 $ 44,354.64 $ 75,883.50
Total Project Neighborhood Share (estimated 67%)** $ 40,816.00 $ 74,316.00 $ 83,165.36 $ 116,665.36 $ 180,678.50
Total Project Estimated Cost/ HOA(there are 7 HOAs)** $ 5,830.86 $ 10,616.57 $ 11,880.77 $ 16,666.48 $ 25,811.21
Total Project Estimated Cost/ Unit(estimated 225 units)** $ 181.40 $ 330.29 $ 369.62 $ 518.51 $ 803.02
Neighborhood Construction Share (-67%)*** $ 14,204.00 $ 47,704.00 $ 56,553.36 $ 90,053.36 $ 154,066.50
Estimated Construction Cost/ HOA(there are 7 HOAs)*** $ 2,029.14 $ 6,814.86 $ 8,079.05 $ 12,864.77 $ 22,009.50
Estimated Construction Cost/ Unit(estimated 225 units)*** $ 63.13 $ 212.02 $ 251.35 $ 400.24 $ 684.74
00006547 V: 906 PG: 45
CITY CLERK 'S OFFICE
Received Nov 16r2OO9 03 45P
Recorded in VOL: 906 PG: -MI
r B�rrlin_;on Lend '.rr41
STORMWATER SYSTEM MAINTENANCEgtSo tins:ton
AGREEMENT Donno Kinville
City Clerk
AGREEMENT by and between the Winding Brook Homeowners'
Association, Inc. , hereinafter referred to as "Association" , and
the City of South Burlington, hereinafter referred to as "City" .
WITNESSET H:
WHEREAS the Association is an organization whose membership
includes the owners of units in the Winding Brook I and Winding
Brook II Condominiums ( "Condominium" herein) which are shown on a
plat entitled "Final Plat, Winding Brook II, Kennedy Drive and
Hinesburg Road, South Burlington, Vermont, " prepared by Krebs &
Lansing Consulting Engineers, Inc. , dated October, 1983 and
revised 6/18/85, and recorded in Map Volume 197, Page 80, of the
City of South Burlington land records; and
WHEREAS, the Vermont Agency of Natural Resources ("Agency"
herein) issued Discharge Permit No. 2-0988 ("the Permit" herein)
authorizing a discharge of stormwater runoff from the roads,
parking areas and roofs of the Condominium to Potash Brook, which
required construction and maintenance of certain improvements
within the Condominium to manage the discharge of stormwater; and
WHEREAS, the Permit has expired and cannot yet be renewed
because Potash Brook is currently listed as an "impaired water"
based on stormwater on the Section 303 (d) list maintained by the
Agency; and
t_0006547 V: 906 PG: 46
WHEREAS, the City has adopted an ordinance entitled
"Ordinance Regulating the Use of Public and Private Sanitary
Sewerage and Stormwater Systems" which regulates the discharge of
stormwater in the City, and adopted a Resolution on August 21,
2006 establishing the City' s policy for the maintenance of
residential stormwater systems; and
WHEREAS, the Association and the City have entered into a
Stormwater System Improvement Agreement, dated August 31, 2009,
pursuant to which the Association has granted the City an
Irrevocable Offer of Dedication of an easement ("Easement" ) that
will convey to the City access to and ownership of identified
stormwater system improvements ("Stormwater System" ) ; and
WHEREAS, if the City accepts the Easement, it is willing to
assume responsibility for maintenance of the Stormwater System in
accordance with the above-mentioned Resolution; and
WHEREAS, the Association and its members desire to have the
City assume responsibility for providing maintenance in
accordance with the Resolution;
NOW THEREFORE, in consideration of these mutual premises and
other good and valuable consideration, the Association, acting by
and through its Board of Directors, and the City, acting through
its City Council, covenant and agree as follows :
1 . City will perform, on an ongoing basis, Routine
Maintenance of the Stormwater System in accordance with its
2
Orlil06547 V: 906 PG: 47
customary practices and procedures for maintenance of similar
improvements . The City expressly does not agree to perform any
work other than Routine Maintenance, as defined below.
2 . For the purpose of this Agreement, "Routine
Maintenance" shall only be that work required to enable the
Stormwater System to collect and transport stormwater as intended
and shall specifically exclude any upgrade of the Stormwater
System or substantial reconstruction following catastrophic
damage.
3 . Association will be solely responsible for the
maintenance, operation, and repair of those stormwater components
on the Condominium property which are not included in the
Stormwater System and any costs related thereto ("Association
Stormwater Improvements" ) .
4 . The City will perform any routine inspections,
reporting, and certifications required by the Agency or any
Stormwater Discharge Permit which may be issued for the
Stormwater System.
5 . The City will not seek to recover from the Association
or its individual members any costs incurred by the City in the
Routine Maintenance of the Stormwater System, other than the fee
generally assessed to owners of property with impervious surface
in the City.
3
000116547 V: 906 PG: 48
6 . The City agrees that for a period of twenty (20) years
from the date the City accepts the Easement, it will not impose a
special assessment or surcharge on the Association or its members
except in the following circumstances :
a. extreme unforeseen circumstances which require
extraordinary repair and reconstruction measures unique to the
Stormwater System; or
b. upgrade of the Stormwater System, as required by
issuance and/or renewal of regulatory permits for the Stormwater
System and other similar systems in the City; and
c . in the event of negligence or malfeasance on the
part of the Association.
7 . At such time as the Agency establishes standards and
requirements for renewal of expired permits that authorize
stormwater discharges into stormwater impaired waters, the
parties agree to pursue such actions as are set forth in any City
policy then in effect relating to renewal of expired discharge
permits for residential developments.
8 . This Agreement shall not become effective unless and
until the City accepts the Easement . This Agreement shall
terminate on the twentieth (20th) anniversary of the date the
City accepts the Easement . Thereafter, the obligations of the
parties regarding the Stormwater System and the Association
Stormwater Improvements shall be those imposed by law, including,
4
t o 00654-7 V: 906 PG: 4-9
but not limited to those obligations found in 3501 et seq. of
title 24 .
9 . This Agreement may only be amended by written agreement
of the parties .
10 . This Agreement shall be binding upon the parties hereto
and their respective administrators, successors and assigns .
Dated this 9th day of November, 2009 .
IN PRESENCE OF: CITY OF SOUTH BURLINGTON
tl
‘-1/7//d/t
Witness Charles Hafte , City Manager
And Duly Authorized Agent
IN PRESENCE OF: WINDING BROOK HOMEOWNERS'
ASSOCIATION, INC.
tom. By: [
Q��
Witn ss t Duly r ze h Agent
g
son09-024 Stormwater System Maintenance Agmt Winding Brook.agr
5
ENS' OFDOCUMENT
Winding Brook — Estimated
Annual
Costs if Permit is Transferred
to the City
Stormwater Utility Costs Winding Brook Costs
• State Stormwater Permit: • SW Utility Fee
— Annual Fee $240.90 / yr — $2,970/yr
— Renewal every 5 years $200. • TBD capital costs as
• Inspection and Reporting necessitated by future ANR
— 8 hrs SWU staff labor: —$320 / permit requirements, if any
yr.
• Maintenance
— Mowing, clean out, repair, etc.
—30 hrs / yr: $1 ,200
Estimated Annual Cost to the
SW Utility: —$1,800 / yr
4South Burlington
Stormwater Utility
south r
PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council & City Manager
FROM: Paul Cornier, Director of Planning&Zoning
DATE: December 20, 2010
SUBJECT: Ratification of Goodrich Property Public Easement Acquisition
Earlier this year(July 19, 2010), the Council met in executive session to discuss the potential
acquisition of a permanent public easement across a 22-acre piece of land along Muddy Brook,
immediately north of the "Muddy Brook Wetland Preserve"owned and maintained for public
use by the Airport.
Staff's recollection is that the Council agreed to a purchase price of$60,000 for the easement
and thereafter announced this agreement upon returning to open session.
The approved minutes of the meeting,however, do not make mention of this decision. Minutes
from subsequent meetings, as well as videos from these meetings, also do not show evidence of
the decision. Staffs recollection is that CCTV had packed up prior to the Council returning to
open session on July 19.
Staff had proceeded with preparing the documentation with Mr. Goodrich and is ready to have
the easement signed and deliver the payment,upon signature of the warrants this week by the
Council.
Recommended Action:
In the interest of transparency and clarity, staff recommends that the Council ratify its
decision from July 19 on Monday and then to authorize payment.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
CG tail D��SDk th P.t,e Um,GI LLOIiL
R Todd LeBlanc, Assessor
575 Dorset Street
South Burlington
VT 05403
846-4103
December 1, 2010
To: South Burlington City Council
Re: 2010 Grand List Errors & Omissions
Dear Council Members:
It is now the end of 2010 and with it the close of the 2010 Grand List. As is inevitable,there were errors or
omissions in the Grand List(see attached).
State Law allows for the City to make changes in the Grand List due to Errors and Omissions(E& 0)up until
December 30 each year. In finalizing the Grand List for the City of South Burlington I am noticing you of the
list of properties which have needed corrections through the E& 0 process.
It is my recommendation that you approve the changes to the 2010 Grand List under the Errors & Omissions
provision as set forth in title 32 of the Vermont State Statutes.
Title 32, chpt 4261 states that
"When real or personal estate is omitted from the grand list by mistake, or an obvious error is
found,the listers, with the approval of the selectmen, before December 31, may supply such
omissions or correct such errors and make a certificate thereon of the fact."
Errors & Omissions include, but are not limited to,property listings that contain incorrect or missing
information, changes in Current Use values, Veterans Exemptions, and obvious mistakes in values. Values may
rise, stay the same, or decline depending on the error. In some cases the new corrected values may be changes
to taxable status.
Sincerely,
R Todd LeBlanc
Assessor
1) List of Homestead Declaration changes.
These entries are results of Homestead Declaration Form HS-122 that were filed with the Tax
Department after the 2010 Grand List was set for billing in July. This also includes any changes
made to previous Homestead declarations received from Tax Department.
(See Attachment 1)
2) List of Homestead &Housesite value changes.
These entries are results of Homestead Declaration Form HS-122 that were filed with the Tax
Department after the 2010 Grand List was set for billing in July. These entries resulted in a
change in Homestead, and/or Housesite values due to business and/or rental use.
(See Attachment 2)
3) List of corrected ownership information.
These entries are results of errors in the Grand List due to missed transfers and/or inaccurate
Property Transfer Tax Returns.
(See Attachment 3)
4) List of property that is now non-taxable due to change in ownership.
Small parcel was bought by Faith Methodist Church which is not a taxable entity.
(See Attachment 3&4)
5) List of Current Use Changes.
List of property that is in the Current Use Program and that has been changed due to the program
information being received from the State after the 2010 Grand List was set for billing. The
Current Use program is severely under staffed which results in delays.
(See Attachment 5)
12/01/2010 So Burlington 2010 Billed Grand List A "/�
Page 1 of 3
01:58 pm HS-122 On/Off Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
1408-00061. 10587 AGUILA RENE & ELSA On now, Off last year
1190-00031. 10166 AMBLO CHARLES E JR & JOLANTA T On now, Off last year
1260-00050. 10210 ARMSTRONG BRIAN T On now, Off last year
1338-00058. 10287 BAECHLE TIMOTHY & LYNNE On now, Off last year
1560-00123. 10306 BAKER W SPENCER & NANCY L On now, Off last year
1200-00026. 10340 BARNEY GILBERT L & PAULINE T On now, Off last year
0670-00370.312 17147 BASKE JANIS R On now, Off last year
0700-000A5. 13583 BILODEAU MICHAEL On now, Off last year
1660-000J3. 10679 BOUCHER SUSAN M On now, Off last year
1330-00030. 11355 BOYER DANIEL & MICHELLE On now, Off last year
1787-00002. 10735 BRADY PATRICK & ELLIE On now, Off last year
1010-00029. 12617 BROWNELL LAUREN On now, Off last year
1640-01835. 11001 CALKINS PATRICIA C TRUST On now, Off last year
1225-00016. 11029 CANNING JAMES C & JOAN F LIFE ESTATE On now, Off last year
1060-00039. 11047 CARLSON CARL A & CAROL R On now, Off last year
1660-000J8. 11056 CARNEY T PETER & JANE S On now, Off last year
0260-00046. 11104 CASSIDY MICHAEL R On now, Off last year
0005-00022. 11112 CATALANO DONALD M On now, Off last year
0170-00015. 11142 CHAMBERLAND NANCY S On now, Off last year
0480-00034. 11202 CHASE CHRISTOPHER R & SANDRA BRUNNER On now, Off last year
0678-00021. 12896 COEL MARK & DEBRA On now, Off last year
1640-01971. 15948 COSTANTINO FRANK On now, Off last year
0970-00100.015 11524 CRONIN SHARON L & JOSEPH P On now, Off last year
0670-00370.306 17141 DALTON DEBORAH
On now, Off last year
0510-00018. 13305 DERIDDER HOLLY On now, Off last year
0600-00019. 11770 DINER EVA M LIFE ESTATE On now, Off last year
0545-00027. 11779 DIRMAIER JOHN F & BARBARA S On now, Off last year
1800-00105. 11862 DUBOIS ERNEST G On now, Off last year
0700-00052. 11867 DUBOIS LAWRENCE P On now, Off last year
1800-319-3. 11949 ECHO CURTIS R JR & CAROL'W On now, Off last year
1670-00066. 11978 ELLIOTT OLIVE M On now, Off last year
1330-00032. 11982 ELS DAVID E & SUSAN M On now, Off last year
1800-00211. 11993 EMERY ELWIN E & INGEBORG On now, Off last year
0020-00121. 11482 ESPINOLA DONNA & CELESTINO & JEFFREY On now, Off last year
0695-00514. 14505 FARRELL WILLIAM H III On now, Off last year
1667-00101. 16902 FAUCHER MARC R & MARGARET A On now, Off last year
0490-00136. 12121 FILION DENNIS J & JONNIE M On now, Off last year
0575-00017. 12158 FISK DOROTHY N & WILLIAM 0 On now, Off last year
0490-00104. 12168 FITZGERALD JULIE M On now, Off last year
0670-00410.117 17525 FURLS MADALINA On now, Off last year
1750-00200. 12303 GAGE DAVID F & KATHY J On now, Off last year
0925-00036. 12317 GALLANT JANICE, TRUSTEE On now, Off last year
0810-00138. 13253 GAMACHE KIMBERLY A On now, Off last year
0670-00410.119 17527 GAUTHIER NORMAN & MARY On now, Off last year
0295-00034. 12399 GIARD-CHASE ANN On now, Off last year
0100-00051. 12430 GILMARTIN GREGORY M & JUDITH D On now, Off last year
0820-00011. 12439 GIRARD DANIEL E & DENISE D On now, Off last year
1223-00115. 10663 GRIFFITH SANDRA On now, Off last year
0695-00315. 12673 HALL C ROBINSON TRUST On now, Off last year
0945-00069. 10812 HALLAS MATTHEW LAURENCE On now, Off last year
1140-00006. 13769 HARDY PATRICIA ANN On now, Off last year
r;
12/01/2010 So Burlington 2010 Billed Grand List (�
Page 2 of 3
01:58 pm HS-122 On/Off Comparison Report
TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
0255-02303. 11121 HITT CONSTANCE E On now, Off last year
0255-01402. 12429 JENNINGS DAVID K & MARY E On now, Off last year
0110-00005. 16054 KANELOS MICHAEL R & KELLY J On now, Off last year
0295-00006. 13401 KUENTZEL WALTER & VALERIE On now, Off last year
0800-00051. 13477 LAMBERT LYNWOOD L On now, Off last year
0895-00140. 17266 LAWES DEAN M & JOANNE B TRUST On now, Off last year
1330-00010. 13749 LIDOFSKY STEVEN On now, Off last year
0297-00132. 13785 LLEWELLYN LANCE A On now, Off last year
0970-00100.025 13796 LONERGAN MARTHA K On now, Off last year
0420-00021. 14048 MAYETTE WILLIAM J & JANET G On now, Off last year
0810-00174. 15615 MCINTIRE AMANDA MARIE On now, Off last year
1360-00008. 14222 MCLAUGLIN KATHLEEN M On now, Off last year
1195-00030. 14282 MERRICK BENTLEY & SUSAN On now, Off last year
1338-00057. 14789 MILLER CHARLES R & WILLETTS TARA K On now, Off last year
1740-00047. 14463 MOSHER CHRISTINE E On now, Off last year
1338-00050. 16573 NAHAR RAHUL & APARNA On now, Off last year
0945-00295. 14597 NIKOLAEV ALEXANDER & TAMARA On now, Off last year
0140-00004. 14606 NORDELL RACHEL L & PETER G On now, Off last year
0580-00018. 11026 O'BRIEN KATHLEEN & PATRICK On now, Off last year
1390-00060. 10034 ORVIS RYAN S On now, Off last year
1390-00056. 13244 PELLEGRINI SCOTT & LUCY On now, Off last year
0677-00025. 16824 PILLSBURY GEORGE & CELINE TRUST On now, Off last year
1260-00051. 15249 RENDALL DONALD J JR & SANDRA S On now, Off last year
0230-00013. 12299 RICHARDSON KARL On now, Off last year
1790-00012. 15284 RICKARD PATRICIA L, TRUST On now, Off last year
1640-00495. 15290 RIEHLE PARKER M & DEIDRE S On now, Off last year
0400-00016. 14843 RINDER ROSA GARCIA On now, Off last year
0297-00181. 11789 SACHDEVA DEVINDER & NITTI On now, Off last year
0985-00046. 15618 SAPPO JOHN On now, Off last year
1185-00011. 10414 SAUNDERS DANIEL & PATRICIA G On now, Off last year
1660-000A2. 15546 SAWYER THOMAS C & JULIE M On now, Off last year
1420-00124.028 10297 SENIOR RANDY & SHAUN On now, Off last year
1760-00018. 15640 SHATTUCK FORD W & KATHLEEN W On now, Off last year
0130-00080. 13075 SIROTKIN MICHAEL D On now, Off last year
0150-00302. 16141 SKOPLJAK MIRSAD On now, Off last year
0130-00069. 15904 STARR MICHELLE M On now, Off last year
0670-00410.303 17549 STEVENS DANA On now, Off last year
1510-00012. 15934 STEWART DONALD R & GEORGIA D On now, Off last year
0620-00017. 15567 STINE GREGORY C & SHARON M On now, Off last year
0923-00071. 10135 STOCKS WILLIAM On now, Off last year
0500-00031. 13354 STODDERT SANDRA S LIFE ESTATE On now, Off last year
1032-00069. 15979 STUART NONI On now, Off last year
0840-00015. 17218 TA DUC On now, Off last year
1390-09-11. 16031 TAFT DAVID R On now, Off last year
0860-00290. 15531 TRIEBEL LANCE E On now, Off last year
0330-00110. 16219 TURNER MICHAEL GORDON On now, Off last year
0160-00082. 16385 WALKER DOUGLAS L & DAWN P On now, Off last year
0810-00083. 16389 WALKER SALLY K & DAVID H CO-TRUSTEES Off now, On last year
0610-00072. 16416 WANG QINGBIN On now, Off last year
1740-00068. 16428 WARD RONALD P On now, Off last year
1640-01855. 15643 WESTERGARD MARK S On now, Off last year
7
12/01/2010 So Burlington 2010 Billed Grand List Page 3 of 3
01:58 pm HS-122 On/Off Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name HS-122 Status
0615-00101.205 17002 WOLF PAUL On now, Off last year
1420-00124.026 12297 WRIGHT MATTHEW G On now, Off last year
1640-01402. 16733 YOUNG LINDA 6 DAVID On now, Off last year
1338-00024. 16741 YU JUN 6 MIAO LIMIN On now, Off last year
Total Records: 106
2-
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:11 pm HS-122 Homestead Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name - Category Current Homestead Previous Homestead Difference
0945-00147. 15936 BOWMAN JANE 0 227,160 252,400 -25,24(
1800-319-3. 11949 ECHO CURTIS R JR & CAROL W R1 154,900 237,400 -82,501
0490-00104. 12168 FITZGERALD JULIE M R1 180,400 259,300 -78,90(
1770-5A-5B. 14455 MORTON DAVID W & JANE E R1 210,900 266,500 -55,60(
1240-00078. 11520 PAN BINGHUI Ri 294,000 156,900 137,10(
1790-00012. 15264 RICKARD PATRICIA L, TRUST R1 242,500 396,600 -154,10(
0573-00023. 15772 SMITH JAMES P & JUDITH A LIFE ESTATE R1 227,200 197,500 29,70(
1032-00069. 15979 STUART NONI 0 256,452 298,200 -41,741
1390-09-11. 16031 TAFT DAVID R Rl 162,000 272,700 -90,70(
0610-00072. 16416 WANG QINGBIN R1 344,300 393,400 -49,101
Total Records: 10
-411,08E
62
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:11 pm HS-122 Housesite Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Category Current Housesite Previous Housesite Difference
0945-00147. 15938 BOWMAN JANE 0 227,160 252,400 -25,24(
1800-319-3. 11949 ECHO CURTIS R JR & CAROL W R1 154,900 237,400 -82,50(
0490-00104. 12168 FITZGERALD JULIE M R1 180,400 259,300 -78,90(
1770-5A-5B. 14455 MORTON DAVID W & JANE E R1 210,900 266,500 -55,60(
1240-00078. 11520 PAN BINGHUI R1 294,000 156,900 137,10(
1790-00012. 15284 RICKARD PATRICIA L, TRUST R1 242,500 396,600 -154,10(
0573-00023. 15772 SMITH JAMES P & JUDITH A LIFE ESTATE R1 227,200 197,500 29,70(
1032-00069. 15979 STUART NONI 0 256,452 298,200 -41,741
1390-09-11. 16031 TAFT DAVID R R1 182,000 272,700 -90,70(
0610-00072. 16416 WANG QINGBIN R1 344,300 393,400 -49,10(
Total Records: 10 -411,081
#1G' - a
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:09 pm HS-122 Name Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Name Change
0790-00008. 11676 DELLERANNA J - LIFE ESTATE
Name 1 is DELLERANNA J - LIFE ESTATE was DELLER MICHAEL & LEWES
0570-00911. 17749 FAITH UNITED METHODIST CHURCH OF S BURL
\+� Name 1 is FAITH UNITED METHODIST CHURCH OF S BURL was DUFF WILLIAM _.'N
c ` '. Name 2 is was CAULO JOHN C (./ "^v�
4
1660-000B1. 14590 NIEDERMEIER RUDOLPH H
Name 1 is NIEDERMEIER RUDOLPH H was FIRMENDER STEPHEN TRUST
Name 2 is FIRMENDER STEPHEN W TRUST was
0850-00045. 17760 SHALNA ALGIMANTAS & NERINGA
Name 1 is SHALNA ALGIMANTAS & NERINGA was MCDOUGAL THADDEUS
Name 2 is was FRATAMICO JAMIE
1660-000G1. 12767 WILLIAMS PATRICIA H
Name 1 is WILLIAMS PATRICIA H was HARVELL PATRICIA H
Total Records: 5
,,,,,,6 .1, 2?' a
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
02:12 pm HS-122 Tax Status Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Tax Status Current Real Previous Real Difference
Curr/Prev
0570-00911. 17749 FAITH UNITED METHODIST CHURCH OF S BURL N/T 0 45,400 -45,401
Total Records: 1 -45,40(
111
12/01/2010 So Burlington 2010 Billed Grand List Page 1 of 1
01:58 pm HS-122 Exemption Comparison Report TLeblanc
Compared to Original Billing File (LSFREZ)
Parcel ID SPAN Name Exemption Change
0360-00500. 10320 DOPP SARAH
Land Use Homestead Exemption is 323400 was 0
0360-00495.001 17715 LEDUC MAURICE S MARY LOU
Land Use Homestead Exemption is 138900 was 138800
0360-00300. 17783 WILSON ADAM
Land Use Non-resident Exemption is 304500 was 0
0360-00800. 17757 WILSON ADAM
Land Use Non-resident Exemption is 432700 was 0
Total Records: 4
:IP A
sant
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: December 20, 2010 City Council meeting
The Planning Commission voted on November 30th 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 numbers 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. Staff recommends the City Council proceed by holding a Public Hearing to consider
the adoption of these amendments.
Summary of Amendments to the Land Development Regulations
1. Limited auto sales associated with garages and auto repair businesses:
This amendment would allow for limited auto sales to exist as a part of auto repair
businesses, allowing up to five(5) vehicles for sale on site at any given time, located in a
designated area depicted on an approved site plan. At present garages may not sell vehicles
unless they happen to be located in a zoning district that allows auto dealerships.
2. Adjust standards for fencing, screening, and placement of utility cabinets;
This amendment would eliminate the requirement to both screen and fence utility cabinets;
to have them only be screened with dense vegetation. It would also allow the doors to be
unscreened if not visible from a public road and would allow the cabinets to be located up to
5' from a property line.
3. Adjust standards for screening of small waste receptacles;
This amendment would clarify that no screening is required for small waste receptacles (ie,
trash&recycling cans, as opposed to dumpsters).
4. Clarify standards for the height of structures in the RI-Lakeview District, Queen City Park
District, and Lakeshore Neighborhood District
These amendments would simply clarify which standards apply in which zoning districts. In
the past, it was unclear as to which sets of height standards applied in the Rl-L and
Lakeshore neighborhood. The city has more strict requirements along Lake Champlain,but
there is some confusing language in the regulations that make it unclear as to which
standards apply in some cases.
This amendment also re-arranges the LDRs to put all height requirements and standards into
a single place in the regulations, and adds heights to the table of dimensions at the back of
the regulations.
S. Fence height in the RI-Lakeview District, Queen City Park District, and Lakeshore
Neighborhood District
This amendment restricts the height of fences in the Queen City Park, Lakeview, and
Lakeshore districts to 4' (no permit required) or to 6' if the fences are no more than 50%
opaque with receipt of a permit. The current regulations allow for fences of up to 8' with a
zoning permit, and allows taller fences with approval of the DRB. The PC received a
petition from nearly 20 residents in the Bartlett Bay neighborhood in support of a fence
height restriction.
6. Revise standards for group homes to be consistent with State Law;
These amendments would remove the requirement for site plan review from Group Homes
serving eight or fewer residents, to be consistent with state law. Under State law, Group
homes serving this number of residents are considered to be single family uses of land, and
are therefore not subject to Site Plan review (so long s they are at least 1,000 feet from one
another). Our amendments are devised to be consistent with state law.
7. Revise standards for accessory dwelling units to be consistent with state law and allow
greater flexibility for resident-owners;
These amendments would remove the requirement for site plan review from accessory
dwelling units and clarify the size of units to be consistent with state law(24 VSA Ch. 117).
They would also allow the owner-occupant to live in either the accessory unit or the
principal unit. On this point, the Planning Commission hosted significant debate. State law
requires that for a property to have an accessory apartment, the principal unit must be owner
occupied. The law also allows, however, for a local regulation to be less restrictive than the
state law, in this case, allowing an owner-occupant to live in the accessory unit. Several
towns and cities around the state have done this previously. The Planning Commission's
intent was to allow for a little additional flexibility for a homeowner to be able to stay on
2
their property and not have to sell their home if they do not need all of the space or cannot
afford to pay mortgage on the principal structure by themselves. A single retired person, for
example, may want to live in a one-bedroom accessory unit, while keeping ownership and
renting out the single family home to a young family on the same property. The Planning
Commission did want to relay to the Council that there was significant debate on this topic,
and that the public was not unanimous in its sentiments on the subject. The Planning
Commission did, however, vote to support this change unanimously.
8. Clarify the number of single family homes permitted on a private right-of-way or road;
This amendment would create internal constancy within the Land Development regulations
to be consistent with amendments passed in recent years.
9. Clarify standards for location of parking on a parcel;
These amendments would further clarify amendments passed in 2009 with respect to corner
lots, odd-shaped buildings, and general description of standards. The intent remains
consistent with the amendments passed in 2009.
10. Clarify requirements for the placement of homes in the Southeast Quadrant Natural
Resource Protection Sub District;
Last fall, the PC approved a series of amendments to this section. They were turned back by
the City Council due to a lack of clarity in defining how proposed development in the SEQ-
NRP must not"compromise any conservation values in the Comprehensive Plan."The
Planning Commission agreed with this assessment and is proposing a two-tiered approach to
the solution.
Step one would be to clarify some confusing language concerning when SEQ-NRP land can
be subdivided and/or developed at all. That is something we can correct relatively easily and
immediately, and which the Planning Commission feels is important to act upon as quickly
as possible.
Step two would be to develop better standards and definitions for"conservation values." We
were successful in a recent grant application to the State of Vermont to get funds to develop
solutions to this exact problem. Staff is preparing a request for proposals on this project,but
the project won't be completed until the late spring at the earliest.
The present amendments would clarify the following items:
(a) A lot that is mostly or entirely within the SEQ-NRP may apply to place 1 house
on the land if the lot is less than 15 acres in size, and up to 3 houses if the lot is at
least 15 acres in size. This has been staff's interpretation, but the language is not
entirely clear.
(b) A lot of 15 acres of more, which allows for up to 3 lots (and homes on those lots)
to be created in the NRP,must have the dwelling units clustered, and may only
be created if the lot does not have sufficient land in a non-NRP zoning district to
build the homes there. This appears to have been the intent of the existing
3
language,but is not well defined. The amendments also clarify what happens to
if only 1 or 2 homes can be built in a non-NRP subdistrict.
11. Adjust standards for types of fencing permitted in the Southeast Quadrant Zoning district;
At present, Planned Unit Developments in the Southeast Quadrant may not have chain link
fencing. This amendment would permit chain link fencing for recreational facilities such as
baseball diamonds,basketball courts, tennis courts, and dog parks, so long as they are plastic
coated in either green or black(to blend with the landscape), and that they meet all other
fencing requirements of the Land Development Regulations. This requirement would then
be extended to all properties, not just PUDs.
12. Clarify the number of proposed housing units triggering Master Plan review in the
Southeast Quadrant;
This amendment would create internal constancy within the Land Development regulations
to be consistent with amendments passed in recent years.
13. Adjust boundaries of the Southeast Quadrant NRP, NR, and VR subdistricts along
Hinesburg road;
This map amendment would adjust the boundaries of the three applicable subdistricts to
allow for a more "curvilinear" development pattern in the area while at the same time
enhancing wetland buffer areas. See the attached map for details. The Planning Commission
examined these adjustemtns carefully and found that there would be no change in the
amount of land in any of the zoning subdistricts.
14. Generally amend definitions and tables associated with proposed amendments;
These amendments would adjust definitions to be consistent with the other proposed
amendments.
15. Licensed, non-residential child care facilities.
This amendment would allow these facilities as a permitted use in the Allen Road, Swift
Street, and Mixed Commercial-Industrial district, Industrial-Open Space Districts. The
Planning Commission has received a handful of requests for this change, to allow new child
care facilities near to employment.
16. Generally revise the Flood Plain Overlay District standards and requirements to be
consistent with Federal Law.
The draft amendments consist of a series of changes to ensure our continued eligibility to be
in the National Flood Insurance Program. These changes include repeating some language
directly from Federal statute, clarifying a few discrepancies between Federal and State law,
and reflecting a handful of recommended practices concerning flood protection. It also
includes the creation of a 500-year floodplain overlay district that limits select uses in
applicable areas.
4
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Draft Amendments to Land Development Regulations
Key to the amendments:
Proposed additions are underlined
Proposed deletions are marked with a strikethreugh
Notations for users are parked in italics
Text in SMALL CAPS are subject headings for ease of use and are no e of the draft ordinance
1 LIMITED AUTO SALES WITH GARAG ' "'AIR SH
2.02 Specific Definitions
Auto sales, limited. A business engaged in the sale of vehic 4 t requiring a commercial
drivers license(CDL)to operate, with no e than five (5) ;s I. sale on the premises at
any one time.
Garage, automotive repair. Any building,pr•y 'ses;y in ch or upon which a business,
servicing, or industry involving the maintena -, is .air, or painting of vehicles is
conducted or rendered. Inc ited auto s. in confo 4:nce with these regulations.
Repair shop. A busine nterpris gaged in the erv- ing and repair of motor vehicles,
including auto tepint or auto ailing, inclu he sale and installation of motor-vehicle
parts and accessories. Incl i onformance with these regulations.
13.26 Limit
(A) neral Requi x ts: An s o repair business may be granted approval from the
lopment Rev Boar to display up to five (5) automobiles at one time for sale to
th ic, in acco nce with the following requirements:
(B) Specific ents:
(1) The e plan shall indicate the location of all parking spaces of vehicles for sale,
not to exceed five(5)total; and,
(2) No vehicles for sale may be parked in any other location on the property.
1
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
2 -UTILITY CABINETS
13.18 Utility Cabinets and Similar Structures
B. Specific Standards for Utility Cabinets and Similar Structures.
(3) There shall be . itable f rcing te roteet th bl' d sufficient landscaping
with evergreens of sufficient height and density to screen effectively the facility
from surrounding property. Landscaping may allow for 4 e fany doors so
long as the door-side of the units are not visible fro existing or planned
public street.
(7) The Development Review Board may requ' ks or a ther conditions
in order to prevent any hazard to the pub r nuisance ounding
property. Utility cabinets shall be loc a minimum of five (5) Itai all
existin or lanned ublic roads or ri f-wa
Review Board may reduce the required se upon determination that such a
3 - SCREENING Q MA ,2 -1WASTE CEPTACLES
14.07 Specific Revi w rd
C. Dis e »:' vv.„stes. A <.,.' stern and other facilities to handle solid waste, including
complia r ith an ling or uirements, shall be accessible, secure and properly
scree with opaque to ens at trash and debris do not escape the enclosure(s).
Sm$ : acles (ie, non=co pste yle) shall not be required to be fenced or screened.
4 -HEIGHT 0 ""TRUCTURES
3.07 Height of Structures
A. General Provisions.
L istrietr and-Aftiele-1-5r-Subdivisien and Planned Unit Development Review of these
2
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Structures in all districts shall comply with the height standards presented below in
this section. Maximum allowable building heights are illustrated in Figure 3-1, Height of
Structures.
B. Pre-Construction Grade. For the purpose of regulating height under this section,pre-
construction grade shall be defined as the grade existing on property on the date of an application
under the South Burlington Land Development Regulations for any development approval
(variance, conditional use approval, zoning permit, site plan approval), ;ss another grade has
been established as the pre-construction grade pursuant to Section 3.12 ;i tion of Existing
Grade below. Where land receives subdivision approval from the De4jconstruction
opmen"Review Board,
the grade shown on the approved subdivision plat shall constitute, , grade,
unless modified in accordance with Section 3.12, Alteration of 's -
tm! me below.
C. Residential Structures. For any single-family or idential st re,there shall
be no more than three stories exposed on any side. Fo -story vertical extens i„-
dormers) may be allowed provided a)they do not exceed the he gt of the roof pea.iand b)the
total width of the extensions does not exceed fifty ercent (50% •e horizontatdistance of the
roof line. Vertical extensions that exceed fifty percent (50%)of the horizontal distance(i.e., step
dormers) are limited to a maximum height of five(5) feet.
D. Maximum Height. Except as allowed below in this section, requirements of Table C-
2, Dimensional Standards, shall apply ne-miepeint-ef-anyientehed-Feef-st-me4ufe--shall-FISe-ffi* ere
th f rty(40) f et n •t of and other st- L ll tL thirt 4' (35) I t
above the average pre const e, grade adjoining such structure
E. Waiver of Height uireme
THE FOLLO °: section 1 below)IS MOVED FROM SECTION 4.08- QUEEN
CITY PARK DISTRICT I CP
(1) ueen eview District, and LN-Lakeshore Neighborhood
f'District.
provisio i 3, Section 3.07, Height of Structures. Development in these Queen
(1) the maximum height fer all structures shall be no.more than twenty five(25.) feet
above e��e pre co ction grade adjo cle
(2 a) The maximum height of a structure may be increased to thirty-five(35) feet if
approved by the Development Review Board subject to the provisions of Article
3
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
14, Conditional Use Review. In addition,the Development Review Board shall
determine that the proposed increase in height will not affect adversely:
(a i) Views of adjoining and/or nearby properties;
(b ii) Access to sunlight of adjoining and/or nearby properties; and
(e iii) Adequate on-site parking.
(3 b) Rooftop apparatus, such as solar collectors,television antennas, and air
conditioning equipment shall be included in the height mea ement. Chimneys
for residential structures shall be exempt from the heigh '_ ions.
(4 c) Television antennas and steeples for places of worshi Iv are taller than normal
height limitations may be approved by the Deve ment iew Board subject to
the provisions of Article 14, Conditional Use . w.
ET al Height Waiver f r Structures in th 31R1-PRD, R1-Lakeshore,R2,R4,R7,
R7-NC and R12,Lakeshefe-NeighborhandrQueutheast
Quadrant Districts.
(-1- a) For applications undergoing DRB review, the Development Review Board may
approve an increase in he or a structure up to forty eve (45) feet provided
that for each foot of additio above the no orty(40) foot maximum
for pitched-roof structures a t 5) foot ximum for all other
structures, all front and rear s ack ased by one (1) foot and all
z.
side yard setbac hall be incr a by oned (1/2) foot.
(2 b) For structures pro•f .a to exceed e .ximum height for structures specified in
Tabl- C— e ` :: - as part o • anned unit development or master plan,
the Deve l• waive the requirements of this section as
long as the g=i `oblec .N' e applicable zoning district are met. A request
:for apor.val of wt1 Sr structure shall include the submittal of a plan(s) showing
the el� l4 and al design of the structure,pre-construction grade,
post-co • ction gra* . . d height of the structure. The DRB shall approve the
structure i .nds t t, the building will not detract unduly from public scenic
iews from acent properties or public streets and walkways.
THE FTWI„ (c, below)IS MOVED FROM SECTION 3.07 G.
(C-c) Roo iE • Apparatus, Chimneys, Communications Towers, Silos, etc. Rooftop
app."'atus, such as solar collectors,television antennas, satellite dishes, chimneys,
and air conditioning equipment shall be included in the height measurement.
Chimneys(as defined in these Regulations) for residential structures shall be
exempt from the height limitations. Any other rooftop structures or apparatus
regulated under this section that are taller than normal height limitations
established in Table C-2 Section 3.07(B)above may be approved by the
Development Review Board as a conditional use subject to the provisions of
4
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
Article 14, Conditional Uses. Such structures do not need to comply with the
provisions of subsections (a) and (b) Section 3.07(E) and(F) above.
K:(3) IA, PR,MU,Cl-R12,Cl-R15 Cl-Auto, Cl-Air, Cl-LR,AR, SW, IO,C2,
Mixed IC,AIR, and AIR-IND Districts.fleight-Waiver-for-Struetures-in-All-Other
(4- a) The Development Review Board may approve a structure wlo a height in excess
of the limitations set forth in Table C-2 Scction 3.07(D) above t those zoning
district^ no, erumeratea in(E` above. For each foo r f additional height above the
li 1J1IZ
normal forty(40) foot maximum for pitched-roe ructures and thirty-five(35)
foot maximum for all other structures, all fro e 414 i rear setbacks,.shall be
increased by one(1) foot and all side yard achall be increased by one half
(1/2) foot.
(2 b) For structures proposed to exceed um = t for struct specified in
Table C-2 §3.07(D) above as part of a pla t de'elopment or master plan,
the Development Review Board may waive quirements of this section as
long as the general object f the applicable di trict are met. A request
for approval of a taller stru include the al of a plan(s) showing
the elevations and architectu 1 design of the strut , pre-construction grade,
post-construction grade, and height Ithe., . Such plan shall demonstrate
that the propose a wilding will I jt detract fr portant public scenic views
from adjac , oadways a other p 'c rights-of-way.
TH .OWIN c, below)IS , ED FROM SECTION 3.07 G.
(G7 c) Rooftop App " C communications Towers, Silos, etc. Rooftop
a t , such a , ;ar collectors, television antennas, satellite dishes, chimneys,
antra itioruri " ent shall be included in the height measurement.
Chimne define ese Regulations) for residential structures shall be
exempt from the hei t limitations. Any other rooftop structures or apparatus
egulated under this section that are taller than normal height limitations
.blished ' able C-2 Section 3.07(B) above may be approved by the
ir'vklopm Review Board as a conditional use subject to the provisions of
Articl , Conditional Uses. Such structures do not need to comply with the
provi ` ns of subsections(a) and(b) Section 3.07(E) and(F) above.
THE FOLLOWING(4, below) IS MOVED FROM SECTION 8.04 AND 8.05
(4) CD-1, CD-2, CD-3, CD-4 Districts
' b b
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South Burlington Land Development Regulations
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(a) General standards for height. Standard height li t tt, D t » t
the Cent l District He ght sta�d ,7 f . h C , D
ANY y� �aav ouav� iiv' _ __
„bz ided b 1
(i) In all Central District sub-zones, architectural towers, cupolas, turrets,
spires, etc. are encouraged and allowed to rise up to an additional twenty-
five(25) feet above the maximum allowed height so long as their area
does not constitute more than fifteen percent(15%)of the allowable
building footprint of a given block.
(ii) Towers, spires or steeples on places of worship ed to rise up to
one hundred(100) feet.
(iii) The maximum roof pitch is 12:12 except fo Oill7s towers, spires or
steeples.
(iv) All measurements shall be taken fro 411,ig=overage ' onstruction grade.
(v) Any rooftop apparatus, such as air #- . g equip a satellite
dishes, etc., shall be included in e height measurement
•
8.05 A(5) Q Height in Central District
(a i) Except as provided above, no po'' + "gre n roof' structure shall rise
more than forty-five(45) feet, and n• ' rt t of any other structure shall rise
more than thirty-fi 5) feet, above th = age ost-construction grade
adjoining such stru
(b ii) A height of up to eig - Y et for ap ched or other roof structure,
and up to one hundred flee a "green roof' structure, may
be per ! I.-• by the Dev��`" ent Re Board for structures subject to
the4-• i `Hof an appr•a ed maste lan in which the DRB has approved
®uilic space i arks, courtyards, tc.) or other public amenities.
8.05 B (4) (c) He
i) Except rove e , no point of any pitched roof structure shall rise
more —fib y-five(45) feet and no point of any other structure(e.g., flat
o
roofed strut „so 11 rise more than thirty-five(35) feet, above the
average post- truction grade adjoining such structure.
b ii) A height of u to fifty-five (55) feet for a pitched roof structure, and up to
fort 'e(45) feet for any other structure, may be permitted by the
Dev pment Review Board as a bonus for the provision of additional
pubh space(parks, courtyards, etc.),or other public amenities.
8.05-C (4) eight in Central District 3 and 4:
(a i) Except as provided above, no point of any pitched roof structure shall rise
more than forty-five(45) feet, and no point of any other structure(e.g., flat
roofed structure) shall rise more than thirty-five(35) feet, above the
average post-construction grade adjoining such structure.
(b ii) A height of up to fifty-five (55) feet for a pitched roof structure, and up to
forty-five(45) feet for any other structure, may be permitted by the
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South Burlington Land Development Regulations
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Approved by Planning Commission 11-30-2010
Development Review Board as a bonus for the provision of additional
public space (parks, courtyards, etc.),or other public amenities.
THE FOLLOWING(F, below)IS MOVED FROM SECTION 3.10 (10)
F. Accessory Structures in All Districts:
4&(1) Accessory structures shall not exceed fifteen(15) feet in height, except that:
(a) For industrial uses in non-residential districts, height standa s for principal
structures shall apply for accessory structure :m,
(b) For residential uses, accessory structuresp to twenty-five (25) ~b '�: 'ght
shall be permitted where the structurelocated least thirty(30) from all
property lines, the structure has a c f, and lot on white he structure
is proposed is at least one(1) acre in size,
(c) Accessory structures exce the height of th `" cip.1 structure on the
property shall require approvalDevelopme ew Board as a
conditional use,pursuant to is ditiona se Review. The applicant
shall demonstrate to the Boar at th `a ructure will be clearly
secondary to t • cipal struc #4gi functi d in appearance from the public
right-of--w.
G. Additional Height requ cots.
In additi• . . the requirements o e ion, the provisions of Sections 4.08 (G) [Non-
comp ®• structures in the QCP Di" ; 13.10 [Solar Radiation]; and 10.03 [Scenic View
Pro :, •verlay]; shall• ' <ly;
H. Airport Ap h C
All height provisio e subject to the limitations of Article 13, Section 13.03, Airport
Approach Cones.
3.07 Height of Structures
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
n� irn cop App t C ; � �e •ra iR env 8ne etc.ENTIRE
SECTION MOVED TO 3.07(E)(2)(C)AND 3.07(E)(3)(C)
3.10 Accessory Structures and Uses
• .
ENTIRE SUB SECTION MOVED TO 3.07(F)
4.08 Queen City Park District
F. Height of Structures ENTIRE SECTION MOVED,, 07(E)
8.04 Dimensional Requirements in All Districts 401
8.01 Building Heights ENTIRE SECTION MOVED TO 3 • E (4)(a)
8.05 Specific Sub-district Regulations
8.05 (A) (5) Height in Ce ct 1 ENTIRESECTION MOVED TO 3.07(E)(4)(b)
8.05 (B) (4) Height , 1 Distt 2 ENTIRE ;, TIONMOVED TO 3.07(E)(4)(c)
:.1 = ' - -• - - SECTION MOVED TO 3.07(E)(4)(
5 - HE GHT OF FEN G IN THE QUEEN CITY PARK, LAKESHORE
NEIGHB OD, A P R1-LAKEVIEW DISTRICTS
14.4
13.17 Fences
B. Specific Requirements. All fences are subject to the following provisions:
(4) A fence over four(4) feet in height shall require a zoning permit from the
Administrative Officer.
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(5) A fence 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.
(6) In the Queen City Park, Rl-Lakeview, and Lakeshore Neighborhood Districts, a
fence over four(4) feet in height shall require a zoning permit from the
Administrative Officer and shall be subject to the following supplemental
requirements:
(a) no such fence shall exceed six(6) feet in height,t ence s all have a
maximum opacity of 50%on all sides.
6- GROUP HOMES
13.12 Group Homes
44*
A. General Requirements. Title 24 Vermont Statut- A .otated, Section 4412(G)provides
that "A residential care home or group h e to be operated state licensing or registration,
serving not more than eight persons who andicap or d defined in 9 VSA
Section 4501, shall be considered by right a permitt . `.1e-family residential use
of property except that no such home shall o if it , aces within 1,000 feet of
another existing or permitted such home."
B. Specific Requirements.,,, evelopm Review oard shall review proposed group
homes that are net locat:"_ e than 1,00 • feet in any direction of another existing
h or permitted group m whi e more t eight persons, as a Site Plan,under the Site
Plan review requirements plemental review standards in Section
14.11(EB) home sed to be "' ated within 1,000 linear feet in any direction of
another exams " • ted g �'r me shall be reviewed by the DRB as a conditional use. See
Article 14 Site Plan a =onditiona' eview.
14.11 Condit al Use Re w: Specific Uses and Standards
B. Grou h Su use shall be allowed as a permitted use if serving eight (8)or fewer
group-home, and as. nditional-use if located within 1,000 linear feet in any direction of an
subject to the following: Group Homes as described in Section 13.12(B) shall be subject to the
following supplemental standards:
(1) The minimum lot size required for the establishment of a group home shall be the same
as that required for other dwellings in the district in which it is located, except that the
minimum lot size requirement shall be increased by ten percent (10%) for each non-
supervisory resident in excess of five(5).
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(2) inim,
at t oup home or operate ni a '1 L.
shall f. er than two (2) Street parking . ,, b„p id_a
7-ACCESSORY DWELLING UNITS
3.10 Accessory Structures and Uses
E. Accessory Residential Units. One (1) accessory residential unit eructed within or
attached to a primary single-family dwelling or within an e permits essory structure
shall be a permitted single family use, . in
accordance with Article 14, Site Plan Review and th �llowin riteria: ��
(1) Floor space of the accessory residential a3/411Vot xceed thirt percent(30%)
of the total habitable area of the single-familydwelling unit.
ems.
1. One of e i e principal dwellingthe accessory unit shall
be owne
•
2. The accessoryr. identia a shall be an efficiency or one-
bedroom units
(4) Adeq t astewat capacity is available to service the accessory unit, as
demonstratedy is of a Was ater Allocation or on-site wastewater
permit purs gton Ordinance Regulating the Use of Public
'vate Sane. Sewerage nd Stormwater Systems Sewage Ordinance.
Two ( ional o et parking spaces shall be provided on the same lot,
. either in a age or oldriveway, and not in any areas required to meet coverage
-Cp,,, limitations, ' :'any front yard area other than a driveway, required by these
gulations.
(6) If , of the unit is to be restricted in the deed of the single-family home to
a dis person, no additional off-street parking is required.
yb
4
(7) A zoning permit shall be required for each accessory residential unit.
(6) Conditional Use Review by the Development Review Board pursuant to Article
14, Section 14.10 shall be required if the establishment of the accessory
residential unit involves the construction of a new accessory structure, an increase
in the height or floor area of the existing single-family dwelling or existing
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Draft Amendments
Approved by Planning Commission 11-30-2010
accessory structure, or an increase in the dimensions of the off-street parking
areas(i.e. garages and driveway areas)presently existing on the site.
8 - NUMBER OF HOUSING UNITS OF A PRIVATE ROAD OR RIGHT-OF-
WAY.
3.05 Lots
B. Lots with No Road Frontage.
The Development Review Board may approve subdivisionor Bevel, « st of lots with
no frontage on a public street, as long as access such a street by ape °+ n Bement
or right-of-way at least twenty(20) feet in w „is pro #-d, according to r , a llowing
procedures:
(a) Required Information. Applications shall inclu n drawn to scale showing
boundaries of all properties cross and to be serve he proposed private right-of-
way, dimensions and grades of th -way, point o nto a public street, and
other information as the Developm Board may ire.
(b) Conditions of Approval. Any appl °t to crc. A= ew lot with no road frontage
shall be subject to -ments and jor sub& sion criteria of Article 15 of these
Regulations in .f,:ition to section.
.. . . . ... --
.1(j ever is'~ beyond which a public street shall be rcquircd(Sec Article
• . . - . . . -, -- • . The Development
view Bo. may also limit the length of a private right-of-way, and may
a otht, conditions as may be necessary to assure adequate emergency
ac f"a . lots and dwelling units.
(ii) e Development Review Board may require a right-of way wider than the
twenty(20) foot minimum if it is to serve more than one(1) lot.
(iii) The Development Review Board may impose conditions to insure the
maintenance and permanency of a private right-of-way and to insure that a right-
of-way will not place a burden on municipal services.
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(iv)For a lot with no frontage,the property line that abuts or is closest to the
private right-of-way shall be construed as the front lot line and shall determine the
front yard.
9 -LOCATION OF PARKING ON A PARCEL
14.06 General Review Standards
B. Relationship of Proposed Structures to the Site.
(2) Parking:
(a)Parking shall be located to the rear 1 sides of buildings. An
building facing a public street shall .'sidered a .1 ont side of a buy ding for the
purposes of this subsection.
(b) The Development Review Board may apt',-.: parking between a public street
and one or more building the Board finds t or more of the following
criteria are met. The Boar rove only the • m necessary to
overcome the conditions be -> .
(i) The parking area is cesso/ryt 'mum requirements of the
• with Disa • es Act, ,,
(ii) , e par ":area will s e a single or two-family home;
( ) Th lot has nique site c itions such as a utility easement or unstable
s ar ' , but not a building, to be located adjacent to
the pule street:
he lot c,ffi ins ne or more existing buildings that are to be re-used
,and parking'nee` s cannot be accommodated to the rear and sides of the
ing bu4ding(s); or,
(v) The principal use of the lot is for public recreation.
•
•
s;dere,7 ad;acent to thv „blic stree� Buildii gs , rate. from he front l-t li
� � w un." -
Where more than one building exists or is proposed on a lot,the total width of all
parking areas located to the side of buildings at the building line shall not exceed
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
one half of the width of all buildings located at the building line. Parking
approved pursuant to 14.06(C)(2)(b) shall be exempt from this subsection.
(d)The DRB shall require that the majority of the parking on through lots end
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 lowest
average daily volume of traffic. Where the rear yard of a to abuts an Interstate or
its interchanges, the majority of parking shall be located • - n the building and
the side yards or between the building and the yard th adpa nt to the
Interstate. �-
10—HOMES IN THE SEQ- NATURAL R ES URC.E PROTECT ' UB-
DISTRICT
X Ss
6 ✓s '
GC'
9.12 SEQ-NRP; Supplemental Regulations S
B. A lot that was in existence on or before-Jun 22, 1992 an• lies substantially or
entirely within a SEQ-NRP sub-distr,ict ma roved one or more a single
family detached dwelling units, subject to co rt eview and the following
supplemental standa .• 4. r.
(1) Where l lot is le #tan fifteen(15) acres in size, the Development Review
Boar rmit more than one(1) single family dwelling unit only if The
ion o ,t • ny other(non-NRP) SEQ sub-district is insufficient to
acco the co,v4, Lion and use of a single family use dwelling unit in
complian •th the ' °egulations, and
b '- 3-: : • - - • The location of structures, yards, and
ess drive`ave no portion within a designed primary natural community or its
• . f the site pla doe no eem the ti
(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(3)lots pursuant to
and construction
of one(1) single family dwelling unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP
SEQ sub-district is sufficient to accommodate the construction and use of
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
at least three(3) single family dwelling units on lots approvable in
compliance with these Regulations.
i. Where the DRB fords that the portion of the lot in any non-NRP
SEQ sub-district is sufficient to accommodate the construction and
use of at least three(3) single family dwelling units on lots
approvable in compliance with these Regulations, no subdivisions
of land or construction of new dwelling units shall be permitted in
the NRP subdistrict.
ii. Where the DRB fords that the portion o e to any non-NRP
SEQ sub-district is sufficient to acc• 1 + 'ate the construction and
use of two (2) single family dwel: • u lots approvable in
compliance with these Regula '• the su•. on of land and
construction up to one(1) a ' , g unit RP subdistrict
may be permitted by the ' : in compliance wit4 e
Regulations.
iii. Where the DRB fins s t •• • y „ the lot in y non-NRP
SEQ sub-district is sufficie ; ccommodate the construction and
use of one (1) single family d -„• units on lots approvable in
compliancdkviith these Regulatio - a ivision of land and
construction o two(2) new dwe 't in the NRP subdistrict
may be permitted by i , : in co .liance with these
Regulations.
the DRB finds that th sortion of the lot in any non-NRP
SEQ b-district i sufficient to accommodate the construction
and ;- '�. of an sin 1 it dwellin units on lots approvable in
om ` th th a lotions, the subdivision of land and
ee(3)new dwelling unit in the NRP
rye
trict may a permitted by the DRB in compliance with these
Re and
(b) such= s shall have a minimum size of 12,000 square feet per dwelling
unit d
trt-one anon
e location of structures, yards, and access drives have no portion within
a designed primary natural community or its related buffer, and,
(e) The location of structures and access drives are clustered such that no
dwelling unit is located more than one hundred(100) feet from any other
structure, and,
(f) The dwelling units shall be detached single family dwellings heuses,and,
(g) Such subdivision plan shall be subject to the Development Review
Board's approval of a conservation plan in a form acceptable to the City
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Attorney that permanently encumbers the land against further land
subdivision and development.
11 —TYPES OF FENCING IN THE SOUTHEAST QUADRANT DISTRICT
9.06 Dimensional and Design Requirements Applicable to All Sub-P ; ricts
B. Open Space and Resource Protection.
(5) Sufficient suitable landscaping and fencing shall be provi d to prote• land, stream,
or primary or natural community areas and buffers,ina manner that is aesth-
compatible with the surrounding landscape. The use of split rail or other fenc' ,, ade of
natural materials is encouraged. Chain link fencing: -- g : • . : -;; - shall
be prohibited withinDs except:
(a) fencing for agricultural purpo d
(b) fencing for recreational purpose uch '" 11 dia ds, tennis courts,basketball
courts, dog parks, or similar activities. a ing installed for these purposes
shall be plastic coat- $ F ,her dark gr r black.
a �h
In all cases, propo fences s $ comply wit ection and section 13.17 (Fences) of
these Re l latio
12 - • STER P ' VI" QUIREMENTS IN THE SOUTHEAST
QUA., .a, T
9.13 SEQ R ew and Ap 1 oval Process
D. Ma t .n Review. As per Section 15.07, Master Plan Review and Approval,
the Develop,`' `t Review Board shall require a master plan for any application for 100 or
more dwell'"g units. In such a case, the provisions of Section 15.07 shall apply in
addition to the PUD provisions of Article 15, and the SEQ-specific provisions of this
article.
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South Burlington Land Development Regulations
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Approved by Planning Commission 11-30-2010
13 -BOUNDARY ADJUSTMENT FOR THE SOUTHEAST QUADRANT
NRP, NR, AND VR SUBDISTRICTS ALONG HINESBURG ROAD
See attached map.
14 - GENERALLY AMEND DEFINITIONS AND TABLES ASSOCIATED
WITH PROPOSED AMENDMENTS.
Add words "permitted" and "conditional" as a key to "P" C" in ble of Uses
(Table C-1) _
Add words "in dwelling units per acre" to "Minim lot size� ax. residential �sity)"
15 -LICENSED, NON-RESIDENTIAL CHILD CARE;FACILITIES
Add as "permitted"to the following zoning stric rial O S ace District, Swift Street
District, Allen Road District, Mixed Industrial and, rives _c istrict
vo
4,51
16 - OOD HA , : REG TIONS / FLOOD PLAIN OVERLAY
DISC``' GT
Sry
2.02 Speciuc `n nitror
percent or greater c Tice of flooding in any given year.
Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for
installation or assembly on the dwelling site, which is at least eight (8) feet in width and at least
thirty(30) feet in length, which bears a seal that it was built to the standard pursuant to the
"National Manufactured Housing and Construction Safety Standards Act of 1974,"42
U.S.C. Sec.5401 et seq., which is placed upon a permanent foundation which meets the
installation and foundation requirements of the State of Vermont, but which is not constructed or
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South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
equipped with a permanent hitch or other device allowing it to be moved other than for the
purpose of moving to a permanent site, and which does not have permanently attached to its
body or frame any wheels or axles. A manufactured home shall be connected to required utilities.
entpurposes_4h a etufed-ho e_in aes__p r ,
travel trai er a ♦L. 1 h 1 1 !1 to fo eater�1,a a 1, ,1 ,7 l,t -
� Y bM wawa�o-cz�iiti�
(1 4m c e ..tiye �--Fo • oses then '@ft ctured hom " d t ' t a
i
park trailers, travel trailers, and other similar vehicles.
•
2.03 Definitions for Flood Hazard Purposes
The following definitions shall apply to all lands within the Flood' ;' Overlay 'strict.
Base Flood. The flood having a one percent chance of be f= ye'ualed or exceeded in any given
ear commonl referred to as the"100- •od" .
Base Flood Elevation (BFE). The elevatio +f t r surface vation resulting from a flood
that has a 1 percent chance of equaling or e .-ed g + any given year. On the Flood
Insurance Rate Map the elevatio, s usually ' , in rela ' to the National Geodetic Vertical
Datum of 1929, the No "•"Am ' .. • Vertical t.;tum of 1 88, or other datum referenced in the
Flood Insurance Stud •ort, or A N average des • • f.he base flood, usually in feet, above the
ground surface.
Common Plan of Develop ,;. Where . cture will be refurbished over a period of time.
Such wor :_ i . • ed nit.
Cri cilities. Intl •olice ions, fire and rescue facilities, hospitals and health care
faci _ie • public and p to schs ols.
Developmen huma ade change to improved or unimproved real estate, including but
not limited to b s • ther structures, mining, dredging, filling, grading, paving, excavation
or drilling operatio storage of equipment or materials.
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal
Insurance Administrator has delineated both the special flood hazard areas and the risk premium
zones applicable to the community. In some communities the hazard boundaries are available in
paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map
(DFIRM).
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Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if
appropriate, the corresponding water surface elevations or an examination, evaluation and
determination of mudslide(i.e., mudflow) and/or flood related erosion hazards.
Flood proofing. Any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
Floodway. The channel of a river or other watercourse and the adjace' f-; areas that must be
reserved in order to discharge the base flood without cumulatively ' reasin ' the water surface
elevation more than one foot at any point. Please note that S ;<N g lood Hazard Areas and
floodways may be shown on a separate map panels.
Floodway. Regulatory in the City of South Burlin _ . channe river or other
watercourse and the adjacent land areas that must be ra. ved in order to disch.. se flood
without cumulatively increasing the water surface elevation mo han one foot at point.
Historic Structure. Any structure that is: (a) listed indiviall I in th-'"National Register of
Historic Places (a listing maintained by the Department of the Interior)or preliminarily
determined by the Secretary of the Interir meeting the requirements for individual listing on
the National Register; (b) certified or pre ." •etermined by theme Secretary of the Interior as
contributing to the historical significance o . re •'storic district or a district preliminarily
determined by the Secretary to qualify as a r ' tern " ict; (c) individually listed on a
state inventory of historic places states with- .; •ric press tion programs which have been
approved by the Secretary. ,' -rior: or(d) r'dividual listed on a local inventory of
historic places in co nities wit 'storic Ares- atiop programs that have been certified
either: (i)byan a to ro'` m as determined b the Secretary
pp � of the Interior or(ii)
directly by the Secretary c Inter ithout approved programs.
Lowest flo' est flo the lowest enclosed area, including basement, except an
unfuush: •r floo a t encI ble solely for parking of vehicles, building access or
stora• , an area other 1-,,a a base area is not considered a building's lowest floor provided
tha .i 4 : losure is no ilt so etc, render the structure in violation of the applicable non-
elevation t requireme ; of 44 CFR 60.3.
Manufacture u •e (o obile home). A structure, transportable in one or more sections,
which is built on' anent chassis and is designed for use with or without a permanent
foundation when a ed to the required utilities. The term "manufactured home" does not
include a"recreational vehicle".
New construction. Structures for which the start of construction commenced on or after the
effective date of the floodplain management regulation adopted by the community and includes
any subsequent improvements to such structures.
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Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or
less when measured at the largest horizontal projection; (c) Designed to be self-propelled or
permanently towable by a light duty truck; and(d)Designed primarily not for use as a permanent
dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.
Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. For purposes of these regulations,the term"area of
special flood hazard" is synonymous in meaning with the phrase "specl flood hazard area".
This area is usually labeled Zone A, AO, AH, AE, or Al-30 in the mom <� ;.-nt flood insurance
studies and on the maps published by the Federal Emergency Mana' ; ent A.`ency. Maps of this
area are available for viewing in the municipal office or online e FEMA Map Service
Center: msc.fema.gov Base flood elevations have not been § e Zone A where the
flood risk has been mapped by approximate methods. Base'flood e ` .'ons are shown at
selected intervals on maps of Special Flood Hazard Areas that are de '.i ed by detailed
methods. Please note, where floodways have been determined they may be separate
map panels from the Flood Insurance Rate Maps.
Start of construction. For purposes of floodplain management determines the effective map or
bylaw that regulated development in the Special Flood Hazard Area. The "start of construction"
includes substantial improvement, and the date the zoning permit was issued provided the
actual start of construction, repair, reco , rehabilitation, addition placement, or other
improvement was within 180 days of the • The act ui start means either the first
placement of permanent construction of a ` a c inn.a site 'such as the pouring of slab or
footings, the installation of . the construe >' of columns; or any work beyond the stage of
excavation; or the place .nufacture' ome on a foundation. Permanent construction
does not include land,- ,-paratio ` ch as clear • ading and filling; nor does it include the
installation of stree t`Vitity walk ys; nor does . elude excavation for a basement, footing,
iers or foundations or c ; • . orms• nor does it include the installation on
the property of accessory b s s su a '_'ages or sheds not occupied as dwelling units or
not part of e main structure * a substantial improvement, the actual start of construction
means t = first alteration of any w eiling, floor, or other structural part of a building,
regar. whether that alteration affectsthe external dimensions of the building.
Structur• ; regulatory • •oses under this bylaw, a walled and roofed building, as well as a
manufacture. 'le, and . related built systems, including gas or liquid storage tanks.
Substantial darn .mage of any origin sustained by a structure whereby the cost of
restoring the struc o its before-damaged conditions would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
Substantial improvement.Any reconstruction, rehabilitation, addition, or other improvement of
a structure after the date of adoption of this bylaw, the cost of which, over three years, or over a
the period of a common plan of development, cumulatively equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage", regardless of the actual repair
19
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
work performed. The term does not, however, include either: (a) Any project for improvement
of a structure to correct existing violations of state or local health, sanitary, or safety code
specification which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions or (b) Any alteration of a "historic
structure", provided that the alteration will not preclude the structure's continued designation as
a"historic structure".
Violation. The failure of a structure or other development to be fully co •liant with this bylaw.
A structure or other development without the elevation certificate, of r�, .'ifications, or other
evidence of compliance required in 44 CFR 60.3 is presumed to be 'o olatio"y"until such time as
that documentation is provided.
3.01 Establishment of Districts and Description > rtain Districts
B. Description of Certain District .
(1) Floodplain District. The boun. 'e ' •odplain erlay District shall include
those areas that are identified as .' as o .- . -- azard(Zones A, AE, Al-A30,
and 0.2%) in and on,the most curre 1_•od insu $ e studies and maps published by
the Departme . Deland Securi e Federal ergency Management Agency,
National Flo + Insurance Program, a ov'•ed by the Secretary of the Agency of
Natural ,olitces pursuant to 10 V S apter 32 753, which are hereby adopted
by reference a clar • ese regulations. The location of the
boundary shall b' + -rnune dministrative Officer(AO). If the applicant
dip
`. ° ' h the i 0 ination made by the AO, a Letter of Map Amendment from
MA s $( stitute`
•
the,,City's Overlay Districts Map, an engineer's er lieensed surveyor's certification as
10.01 Flood Plain Overlay District(FP)
A. Purpose. It is the purpose of the Flood Plain Overlay District to-mai taiH the floodwater
with;„ ,, fle dpl, v erg otectea a a
`v`v uauai u av t"i:vj:,vaaj'Yiv wvwu uvirrrivvu-zxcrcrczrcc,.
20
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(1) Avoid and minimize the loss of life and property, the disruption of commerce, the
impairment of the tax base, and the extraordinary public expenditures and demands on
public services that result from flooding;
(2)Ensure that the selection, design, creation, and use of development is reasonably safe and
accomplished in a manner that is consistent with public wellbeing, does not impair flood
plain services or the stream corridor,
(3)Manage the flood hazard area designated pursuant to 10 V.S.A. Chapter 32 § 753, the
municipal hazard mitigation plan; and make the City of South lington, its citizens,
and businesses eligible for federal flood insurance, federal dis -covery funds, and
hazard mitigation funds as may be available.
B. Authority. In accordance with 10 V.S.A. Chapter 32, an 4 VAS s2 Chapter 117 $4424,
§4411 and §4414, there is hereby established a bylaw for ar- ' k of ffs I damage in the
City of South Burlington Vermont. These regulations sh developer iit-in all areas in
the City of South Burlington identified as areas of spe flood hazard on the Nat nalh lood
Insurance Program(NFIP) maps. 0e �
BC. Comprehensive Plan. These regulations hereby . - ent t"e relevant portions of the
City of South Burlington's adopted Comprehensive Plan, . = in accord with the policies set
forth therein.
D. Warning of Disclaimer of Liabili' x_ i does no .` ply that land outside of the
areas covered by this overlay district will be ,� •ges. This regulation shall not
create liability on the part of the City of Sout a mgton, .ny municipal official or employee
thereof, for any flood damages that esult from -liance o 's regulation, or any administrative
decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of s Flood Plain Overlay District shall not in
any way impair or remove the necessity of cotes iance with any other local, state,or federal laws
or regulations.'Where-this regulation imposes a greater restriction the provisions here shall take
precedence.
F. Flood Plain Overlay `'es A. A., and Al-A30) Subdistrict
(1) Development Revie Hazard Areas
(a) Permits. A permit is required from the Administrative Officer for all
development. as defined in Section 2.03 (Floodplain Defmitions), in the
Flrod Plain Overlay(Zones A, AE, and A1-30) Subdistrict.
(b) Submission requirements. In addition to all information required for
permitted and conditional uses, the applicant shall prepare and submit a
Project Review Sheet to Vermont Agency of Natural Resources. The Project
Review Sheet shall identify all State and Federal agencies from which permit
approval is required for the proposal, and shall be filed as a required
attachment to the municipal permit application. The identified permits, or
21
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
letters indicating that such permits are not required, shall be submitted to the
Administrative Officer and attached to the permit before work can begin.
(c) Referrals.
(i) Upon receipt of a complete application for a substantial improvement or
new construction the Administrative Officer shall forward a copy of the
application and supporting information to the ; tate National Flood
Insurance Program Coordinator at the Ve :: gency of Natural
Resources, in accordance with 24 V.S.A. 44° A pe 't may be issued
only following receipt of comments from ency, or the expiration
of 30 days from the date the applic n fled to the Agency,
whichever is sooner.
(ii) If the applicant is seeking a 't for the alteration 1 ction of a
watercourse, copies of t licatio hall also be su tted to the
adjacent communities, t Alt on Engineer.:of the Vermont
Agency of Natural Resource he Xrmy Corps of Engineers.
Copies of such notice shall be ray to the State National Flood
Insurance Pro. l
FIP) Coordin at he Vermont Agency of
Natural Resources ment of En;ri ental Conservation. A
permit may be is e." gg�» owing ,' ipt of comments from the
Vermont Agency o`„Nat or the expiration of 30 days
fro s date the a. Lion wa ailed to the Vermont Agency of
ources, w ever is s oner.
(d) '; t'111 ed U ? . The follo t: uses are permitted in the Flood Plain
Overt 7^ 'o •• • -30) Subdistrict Distfiet. Structures associated
with axis + e pe .`'es below shall be allowed only as Conditional
s subje e provisions of this Section 10.01(D)below.
(i) Park
(ii) ' Recreation path
Outdoor recreation facility
) Non-substantial improvements of existing structures;
(v) Accessory structures;
(vi) Development related to on-site septic or water supply systems;
(vii) Building utilities;
(viii) At-grade parking for existing buildings; and,
(ix) Recreational vehicles.
22
South Burlington Land DeveloDrapmentftAmendments Regulations
Approved by Planning Commission 11-30-2010
(e) Conditional Uses. The following uses are allowed in the Floodplain Overlay
(Zones A, AE, and Al-30) Subdistrict District as conditional uses subject to
approval by the Development Review Board in accordance with the
provisions of this Section 10.01 and Table C-2, Dimensional Standards.
(i) Substantial improvement, elevation, relocation, or flood proofmg
of existing structures;
(ii) The construction of new st es, including single family
dwellings, which are accesso
the uses permitted in
Section 10.01 (F)(1)(d) ve.
0
lines.
(iii) New or replacement storage tanks for existing structures;
(iv) Grading, e' ion; or the creation of a pond;
(v) Improvemen K, o ex roads;
•
(vi) Bridges, culverts channel m etnent activities, or public
•-cts which a 'ctional -sendent on stream access or
•s : crossml•
Pub tilities;
Cons ition in accordance with 24 V.S.A. 4409. The City shall
ri
•
(f) Prohibited Uses. In addition to any uses not specifically listed in this
section,the following uses are specifically prohibited in the Floodplain
Overlay(Zones A, AE, and A1-30) Subdistrict:
(i) New residential or non-residential structures (including the
placement of manufactured homes);
23
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(ii) Storage or junk yards;
(iii) New fill except as necessary to elevate structures above the base
flood elevation; and,
(iv) Accessory structures in the floodway.
(2)Area, Density and Dimensional Requirements.
In the Flood Plain Overlay(Zones A, AE, and Al-30) Subdistric e , all
structures shall be subject to the area, density and dimension. -•uire ents of the
Residential 1 District as set forth in Section 4.01 and Tabl-„,, Dimensional Standards
of these regulations.
(3)Additional Standards.
(a) No encroachment, including fill, constru, •on, substantial ovement,
or other development,that wou r )t in an " ease in floo evels within
the regulatory floodway during the occur e oft ``e base flood discharge,
shall be permitted unless h drolo l is and .ulic anal ses are .erformed in
accordance with stands : 'race A a icensed .rofessional
en l ineer certi • tha ii . .osed develo• � ' 'ill: a Not result in an
increase in flood levels _11" c " ,' • the o 1 ence of the base flood•
and b Not increase an rid_to s,i4• ta: "•.s'•erties facilities or structures
from erosio,:, flooding b '
(b)Wit• the Ho OP lain Overlay(Zones A, AE, and A1-30) Subdistrict
xcava n of earth products shall be prohibited in such cases where
it is an .te. . . ation will lower the level of the water table,
interfere _ s atura Ferns, or reduce flood storage capacity.
Yam... (c) lopme * , as Conditional Uses pursuant to Section
10.0 )(e) aim shall meet the following additional standards:
(0 : • 11 development shall be reasonably safe from flooding, as
determined by compliance with the specific standards of this
subsection.
All development shall be designed(I)to minimize flood damage to
the proposed development and to public facilities and utilities, and
(II)to provide adequate drainage to reduce exposure to flood
hazards.
(iii) Structures All development shall be(iI) designed (or modified) and
adequately anchored to prevent flotation, collapse, or lateral
movement of the structure during the occurrence of the base flood,
(Ilii) be constructed with materials resistant to flood damage,
(iiiIll)be constructed by methods and practices that minimize
24
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
flood damage, and(IViv) be constructed with electrical, heating,
ventilation, plumbing, and air conditioning equipment and other
service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
(iv) New and replacement water supply and sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges fro ,~ •a systems into flood
waters.
(v) On site waste disposal systems shall, ..ated to avoid
impairment to them or contaminationfri'Vjavm during flooding.
(vi) The flood carrying capacity i y porti• V t .an altered or
relocated watercourse sha aired.
(vii) New and r Replaceme anufac ed homes shal er. vated on
properly compacte that the of the fill .d) under the
entire manufactured home is above the` ase flood e evation.
(g) The lowest floor, inclucingyxbasements and crawl spaces, of
•
(viii) Structures to be b ntia oved in Zones A. Al-30, AE,
shall be ated suc at the lowest floor is at least one
(1 , i,6. above base ;iood elevation;this must be documented, in
as-b condition, g: EMA Elevation Certificate;
(ix) o• • ures to be substantially improved shall:
Meet t - tandards in subs Section
0.0 F 3 C ix • or
(II). . e the lowest floor, including basement,together with
attendant utility and sanitary facilities be designed so that
two (2) feet above the base flood elevation the structure is watertight with walls substantially impermeable to the
4.1
passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
10.01(F)(1) above shall be designed to be watertight below
25
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
evahlitty_ef_resistint4iydrestatie_iand4}ydreftriamie4e_ ads
and effects of buoyancy.
A permit for flood proofing shall not be issued until a
licensed registered professional engineer or architect has
reviewed the structural design, specifications and plans,
and has certified that the design and proposed methods of
construction are in accordance with accepted standards of
practice for meeting the provisions •.. 's subsection. An
occupancy permit for the :.' :' • .` :e shall not be
issued until an"as-built"plan ; been submitted and a
registered licensed profess'• eer or architect has
certified that the : : -t ctur- •een constructed in
accordance with ace dards • tice for meeting
the provisions of t' . su '' ion.
(x) For all new construct', =nd sub •tial improvem- lly
enclosed areas belo en all _ (including f;.`ow grade
crawlspaces and basemen °•e p
w
'bited.
(xi) For all new construction and s;-., tial improvements, fully
enclosed a .t are above gra. - o. the lowest floor,below
Base Flood .nd subject to •ding, shall be(i) solely
used for par '. o tora. er access, and such a
condition shall .-ar '.e �� any permits:and, (ii) designed
omatically . : '.lize hy• static flood forces on exterior walls
y a wing for th -ntry and exit of floodwaters. Such designs
must be certified b. nsed •rofessional enl ineer or architect
or meet or exceed t •llowing minimum criteria: A minimum of
o
op . walls having a total net area of not less than
• � quare inch for every square foot of enclosed area subject to
shall be provided. The bottom of all openings shall be no
higW sne foot above grade. Openings may be equipped with
scree ' ouvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of floodwaters.
All no nst... ctio d s b st..«t 1 t L L 11
��avaa
forces on exterior walls by allowing for
th,e ent e .it f ' • t� T, for meeting this
eng-1Heer er afeh teet er mi t d th� fvi 11
p
e foot of enclosed area
shall-be-ne-higher-than-ene-feet-abeve-grade,Openings-may. :he
equipped with screens, louvers, valves, or other coverings or
26
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
de a ided that the a m;t the automatic entr. d 't f
....•a....�Yiv.auvu uauc caavy Yviuuc u
floodwate T f a gistered prof ssiona1 e« ;., h t t
--- -----a-------r----uuavuua v.asua«
n n
shell be submitted and the istere•E a «cl,'tc t h ll
oaauaa va. ouvaaaati�a� e e
f the bs ct:
(xii) In Special Flood Hazard Areas where base flood elevations and/or
floodway limits have not been provided by • National Flood
Insurance Program in the Flood Insuran • kR.nd
accompanying maps, it is the applica• esponsibility to develop
the necessary data.
(xiii) In the AE Zone,where base fl•• :evatio • or floodway
limits have not been dete • ' ;-lopmen not be
permitted unless it is de•• trate• that the cum - - act of the
proposed developme en co • ed with all o fisting and
anticipated encroac 1 no f' ease the bas- •ood
elevation more than one any•oint within the
community. The demonstrate. st be supported by technical
data that •,' • to standard he engineering principles and
certified by °- professiona er.
(xiv) All recreation I. be fu licensed and ready for
highway use.
(xv 11 accessor tructure c ' 00 square feet or less in gross floor
are. ,el t represent- • minimal investment need not be elevated to
the • `- flood eleva. _ :• this area, provided the structure is
'lac, • • ildin= a so as to offer the minimum resistance to
o . ers and shall meet the criteria of subsection
•
Admin g 'on an i rcement.
a) The ,F '•g Permit issued for any development pursuant to this Section
10.0 ` ` shall include_a record of the elevation, in relation to mean sea
lev- of the lowest floor, including basement, of all new construction or
tantial improvements of structures.
(b) Upon issuance of a zoning permit, the Administrative Officer shall
properly file and maintain a record of
(i) Elevation Certificates with the as-built elevation (consistent with
the datum of the elevation on the current Flood Insurance Rate
Maps for the community) of the lowest floor, including basement,
of all new or substantially improved structures (not including
accessory structures) in the Special Flood Hazard Area;
27
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
(ii) All flood proofing and other certifications required under this
regulation; and,
(iii) All decisions of the Board (including variances and violations) and
all supporting findings of fact, conclusions and conditions.
(c) Certificate of Occupancy
A Certificate of Occupancy shall be required all ne structures or
substantial improvements to structures in t Plain(Zones A, AE,
and A1-30) Subdistrict.
(d) Enforcement
(i) A copy of any notice of. ation of this sections vtailed by
the Administrative 0 r to the to NFIP Coord Aer.
(ii) If any appeals have been r. but e violation remains, the
Administrative Officer shall a declaration to the
Administr. •f the National F . ur. ce Program requesting
a denial of • ance to the p pursuant to Section
1316 of the 'o . •, nsuran ct of 1968, as amended.
(iii) .ro sosed a '• ' al s e that does not meet the criteria
viola.cess in th- ccepted gricultural Practices will be in
n of this by ch violations shall also be immediately
reported to the Secri of Agriculture for enforcement under 6
(e)Vatiances
A tcmay be granted by the Development Review Board
only • cordance with Title 24, Vermont Statutes Annotated and
44 C Section 60.6.
(ii) Any variance issued in the Special Flood Hazard Area shall not
. increase flood heights, and shall inform the applicant in writing
' over the signature of a community official that the issuance of a
variance to construct a structure below the base flood elevation
increases risk to life and property and will result in increased flood
insurance premiums up to amounts as high as $25 for $100 of
coverage. Such notification shall be maintained with a record of
all variance actions.
28
South Burlington Land Development Regulations
Draft Amendments
Approved by Planning Commission 11-30-2010
G. Flood Plain Overlay(Zone 0.2%) Subdistrict
(1) Permits.A permit is required from the Administrative Officer for all
development, as defined in Section 2.02 (Definitions), in the Flood Plain Overlay
(0.2%Zone) Subdistrict.
(2) Permitted Uses. Those uses allowed as permitted uses in any underlying zoning
district within the City may be permitted in the Flood Pla' !verlay(0.2%Zone)
Subdistrict only in accordance with the provisions oft .
(3) Conditional Uses. Those uses allowed as co.nditio�yo' in any underlying
zoning district within the City may be permitted IT the F1 lain Overlay(0.2%
Zone) Subdistrict only in accordance with t `'sions o ection.
(4). Prohibited Uses.In addition to any us of sp.e ifically listed ' g a`.erlying
zoning district,new Critical Faciliti specifi prohibited nit•"Flood
Plain Overlay(0.2%Zone) Subdis let.
(5) Area, Density and Dimensional Re uirements.
In the Flood Plain Overlay •-) Subdistric tructures shall be subject
to the area, density and dime ion �Ta menu . ; e underlying zoning district
as set forth in Article IV and _-Kale -...- , eft ° al Standards of these
regulations.
(7) Additi' I Standa
•
(a) An _ • : _ 't expanded or substantially improved in the
Flood Overla i % Zone) Subdistrict shall be located such that the
west fl.14 at least one 1 foot above base flood elevation.
(b) InT14._` lood P Overlay(0.2%Zone) Subdistrict,where base flood
ele ,ns anSor floodway limits have not been provided by the National
` . Floor 3 urance Program in the Flood Insurance Study and accompanying
ma. t is the applicant's responsibility to develop the necessary data.
(7). Adnu ation and Enforcement.
Administration and enforcement of development in the Flood Plain
Overlay(0.2%Zone) Subdistrict shall be subject to all requirements of Article
XVII (Administration and Enforcement)of these Regulations.
17.03 Certificates of Occupancy
29
SouthBurlington Land Development Regulations
Draft amendmen!
Approved by Planning Commission 11-30-»Q
B. Certificate of Occupancy Not Required. Certificates of occua c shall no!b required
for singl Cbmil or two-family dwellings located outside oft e Fl ood Plain Overlay(Zones A
AE. and Al-A3gSbisWa
\
*Zif
. .
�<
2 `±
,
.»�e
?�\
30
APPENDIX C USES and DIMENSIONAL STANDARDS C-1
District Land Use Minimum lot size (max. Maximum site Standard setbacks(feet): Maximum Building)Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only othe arking and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
IA-N ALL 10 acres 2o% 40% 75 5o 50 15 35 40
IA-S ALL 10 acres 10% 20% 75 50 50 15 35 40
PR ALL none 15% 25% 40 15 3o 15 35 40
MU ALL none 30% 7o% 40 15 30 15 35 40
SEQ-NRP, Single-family 12,00o SF(1.2) 15%** 30% 0 10 30 15 45 45
NRT and Two-family 24,00o SF(1.2) 15% 30% 20 .4 3o 15 45 45
NR All other uses 40,00o SF(1.2) 15% 30% II 2. 30 15 45 45
SEQ-VR Single-family 12,000 SF(1.2) 15%** 36 II 10 30 15 50 50
and VC Two-family 24,00o SF(1.2) 15% 30°° 20 10 30 15 50 50
All other uses 40,00o SF(1.2) 15% 0% 20 20 30 15 50 50
QCP Single-family 7,500 SF(4) 20% 40' 10 5 10 15 25 25
Two-family 12,000 SF(4) ,% 10 5 10 15 25 25
Multi-family 6,00o SF/unit(4) 0°0, 1% 10 5 10 15 2,5 25
Nan-residential uses 12,000 SF 20% % 10 10 10 15 25 25
LN Single-family 12,000 SF(4) % 40% 20 10 30
Two-family 12,00o SF/unit(4) 2. 40% 20 10 30 15 25 2,5
15
Ri- All 14,000 SF(3) '0% 40% 20 10 30 15 25
Lakeview
R1 All 40,000 SF(1) 15% 25% 5o 25 3o 15 35 40,
15 35 40
R2 Single-family 22,000 SF(2) 2o% 40% 30 10 30 15 35 40
Two-family 22,000 SF(2) 2o% 40% 30 10 30 15 35 40
Multi-family 11,00o SF/unit(2) 20% 40% 30 5 5 15 35 40
R4 Single-family 9,50o SF(4) 2o% 40% 30 10 30 15 15 40
Two-family 12,000 SF(4) 2o% 40% 30 10 30 15 35 40
Multi-family 6,00o SF/unit(4) 20% 40% 30 10 30 15 35 40
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-2
District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
pgs only otherng and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
Non-residential uses 40,00o SF 30% 60% 30 10 30 15 35 4Q
R7 Single-family 6,00o SF(7) 30% 40% 30 10 30 1 35 40
Two-family 10,00o SF(7) 3o% 40% 30 5 35
Multi-family 6,00o SF/unit(4) 30% 40% 10 30 1 0
33 0
Non-residential uses 40,000 SF 40% 60% 0 10 30 15 35 40
R12 Single-family 6,000 SF(12) 30% 40% o 1. 3o i, 35 40
Two-family 8,00o SF(12) 30% 4• ,• 10 30 15 35 40
Multi-family 3,5oo SF/unit(12) 40% 60°o 30 10
30 15 35 40
Non-residential uses 40,000 SF 40% 60% 0 10 3o S 35 40
)110R7-NC All residential R7 standards
uses
All non- 12,000 SF _•o°o •% 30 10 30 15 3S 40
residential uses
Ci Multi-family 3,50o SF/unit(12 0 4 70% 30 10 30 15 35 40
All other uses 40,00o SF o°o 70% 30 10 30 15 35 40
Cl-Auto All 40,00o SF 40% 70% 30 15 3o 15 35 40
Cl-AIR All 40,000 SF 40% 70% 30 15 30 15 35 40
Ci-LR Single-family 6,000 SF(12) 30% 40% 30 10 30 15 35 40
Two-family 8,000 SF(12) 30% 40% 30 10 30 15. 35 40
Multi-family 3,50o SF/unit(i2) 40% 70% 30 10 30 15 33 40
Retail(principal
permitted use,
max.5,00o SF
GFA) 20,000 SF 40% 70% 30 10 30 15 35 40
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-3
District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum BuildingiHeight
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only oche ng and all yard(s) yard(s) yard (flat) (pitched)
impervious
surfaces
Other non-
residential uses 20,000 SF 40% 70% 30 10 30 1s 3.5 4O
AR Single-family 6,000 SF 12
( ) 30% 40% 30. 10 30. 15 35
Two-family 8,000 SF(12) 30% 40% 10 3o 15 35 40
Multi-family 3,50o SF/unit(12) 40% 70% 0 10 30 is 35 40
Retail(principal 40% 70% 30 1 30 15 35 40
permitted use,
max.5,00o SF
GFA) 20,000 SF
Other non- 40% 70% 30 10 3o 1s 35 40
residential uses 20,000 SF
SW Single-family 6,000 SF(7) 30% 30 10 30 15 35 40
Two-family 10,00o SF(7) •% 30 10 3o 15 35 4o
Multi-family 6,00o SF/unit(7) 30% 1% 30 10 3o is 35 40
Retail(principal 20,000 SF 40°" .'''A 30 10 30 is 35 40
permitted use,
max.5,00o SF
GFA)
Other non- 20,000 SF 40'. 70% 3o 10 3o 15 35 40
residential uses
CD-1 Please s. :4 8, Central District 15 35 35
CD-2 15 35 35
CD-3 15 35 35
CD-4 15 'IS 35
C2 Multi-family 6,000 SF/unit(7) 40% 70% 3o 10 30 15 35 40
All other uses 40,00o SF 40% 70% 30 10 30 is 35 40
IC All 40,00o SF 40% 7o% 30 10 30 15 35 40
DRAFT Approved by Planning Commission 11-30-2010
APPENDIX C USES and DIMENSIONAL STANDARDS C-4
District Land Use Minimum lot size(max. Maximum site Standard setbacks(feet): Maximum Building_Height
residential density) Buildin Buildings, Front Side Rear Accessory Principal Principal
gs only parking and all yard(s) yard(s) yard (flat) (pitched)
other
impervious
surfaces
AIR All 3 acres 30% 5o% 50 35 5o 15 35 40
AIR-I All 3 acres 30% 50% 50 35 50 15 35 40
IO All 3 acres 30% 50% of 35 5o 15 35 40
a
10
DRAFT Approved by Planning Commission 11-30-2010
Current Zoning - Southeast Quadrant
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PLANNING & ZONING
MEMORANDUM
TO: Sandy Miller, South Burlington City Mana
FROM: Cathyann LaRose, Associate Planner
RE: Naming Recommendations for 1100 Dorset Street
DATE: December 14, 2010
Earlier this fall the City Council requested a recommendation from the Natural
Resources Committee on an official name for the city-owned property adjacent to
Dorset Park. This property has in the past been referred to as the 'Calkins Property' or
the 'Dorset Park Natural Area.' However, it has never been officially designated in name
by the City Council.
Planning staff worked with the Natural Resources Committee to investigate the property
in reference to its historical, geographic, and geologic attributes. The Natural Resources
Committee also solicited recommendations from a talented group of South Burlington
Middle School students who participated in a place-based learning module throughout
the first semester. The Committee considered nearly 20 different naming options.
The final recommendation of the Natural Resource Committee is:
Wheeler Highlands Nature Park
Historical Reference
The Committee considered several historical references to a proud history of the
property, including Crossman, Wheeler, Heald, and Calkins. While each may be
appropriate, the Committee unanimously believes that Wheeler most robustly reflects
the property and the City's heritage:
• Herman H. Wheeler constructed the three-story brick farmhouse (now the
headquarters of the National Gardening Association) on the property in 1903.
• Mr. Wheeler served as the City's Town Clerk and Town Treasurer, and also
served as a representative to the Vermont Legislature. For at least sometime, the
building served as his office in these official capacities.
• The Wheeler family maintained ownership of the property for nearly 40 years.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
The Committee also carefully considered the common name of Calkins but ultimately
did not feel any responsibility to the Calkins name. Research indicates that:
■ While Rena Calkins owned the property, she never actually lived on the site or
even in the City of South Burlington; she rented the house to various people and
members of her extended family used the remainder of the property to raise
cattle. The property was sold to the City in the early 1990s for $1.5 million
dollars, considered at the time to be fair market value. There were no
conservation easements granted nor any donation of the land. The conservation
easement which exists on the property was placed on the property by the City.
■ Conversations with several people in the City who were actively involved in the
purchase of the property in the early 1990s indicate that Mrs. Calkins never
wished to sell the property, only doing so in her last year and through a power of
attorney.
In summary, while the Calkins name received some publicity during the vote for a site
for the police station, its only historical significance appears to be that it was the name
of the property owner who sold it to the city.
Geography
The Committee wished that a name would reflect a sense of relative geography and
focused on the hilly, upland nature of the property, or Highland.
Intended Use
The Committee also pondered a 'surname'. They considered a variety of terms
including: natural area, preserve, park, and gardens. The Committee unanimously
wished to avoid both natural area and preserve out of concern that those terms would
leave citizens feeling that the properties were to be left unused and enjoyed only at a
distance. This is not consistent with either the committee's objectives or the input they
received from the public results of the student survey of the community. The Committee
feels that the term Nature Park best reflects the community's goal for the property.
The Committee also wishes to present a set of secondary naming suggestions that they
are comfortable with. They are:
Wheeler Knoll Nature Park
Highland Ridge Park
Wheeler Ridge Nature Park
Staff has held a Preliminary conversation with the chair of the South Burlington Land
Trust and has been invited to the organization's December meeting. Our preliminary
conversation has suggested that the SBLT may be supportive as to the Wheeler name
being more robust than that of Calkins. However, as a full meeting of the Land Trust
does not take place until December, staff is reluctant to speak on their behalf.
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PLANNING & ZONING
MEMORANDUM
TO: South Burlington City Council &City Manager
FROM: Paul Conner, Director of Planning&Zoning
DATE: December 20, 2010
SUBJECT: Ratification of Goodrich Property Public Easement Acquisition
Earlier this year(July 19, 2010), the Council met in executive session to discuss the potential
acquisition of a permanent public easement across a 22-acre piece of land along Muddy Brook,
immediately north of the "Muddy Brook Wetland Preserve"owned and maintained for public
use by the Airport.
Staffs recollection is that the Council agreed to a purchase price of$60,000 for the easement
and thereafter announced this agreement upon returning to open session.
The approved minutes of the meeting, however, do not make mention of this decision. Minutes
from subsequent meetings, as well as videos from these meetings, also do not show evidence of
the decision. Staffs recollection is that CCTV had packed up prior to the Council returning to
open session on July 19.
Staff had proceeded with preparing the documentation with Mr. Goodrich and is ready to have
the easement signed and deliver the payment,upon signature of the warrants this week by the
Council.
Recommended Action:
In the interest of transparency and clarity, staff recommends that the Council ratify its
decision from July 19th on Monday and then to authorize payment.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101
www.sburl.com
CITY COUNCIL/PLANNING COMMISSION 29 NOVEMBER 2010
The South Burlington City Council and Planning Commission held a special
meeting on Monday, 29 November 2010, at 6:30 p.m.,in the Conference Room, City
Hall, 575 Dorset St.
Councilors & Planning Commission Present: City Council: Mark Boucher, Sandy
Dooley, M. Emery, J. Knapp, F. Murray; Planning Commission: R. Kay, C. Shaw, M.
Beaudin, T. Duff, B. McDonald
Also Present: S. Miller, City Manager; R. Rustin,Assistant City Manager; P. Conner,
Director of Planning&Zoning; J. Rabidoux, Public Works Director; C. Ford, CCMPO;
B. Worthen, M. Young, B. Stuono, L. Bresee, S. Dopp, B. Bull, R. Greco, P. Nowak, B.
Cimonetti, L. Yankowski, B. Shupe,N. MacKay, F. Coffey, T. Tordy, C. Cjoles, J
Zacconi, A. Morganti, Mr. Silverstein, M. Ducharme, G. Stevenson, A. Williams, T.
Moore, J. Jarvis, J. Arioli, A. Germain, P. Halches, S. O'Brien
1. Executive Session:
Ms. Dooley moved that the Council meet in executive session to discuss personnel and
contract negotiations. Ms. Emery seconded. Motion passed 4-0.
Regular Session:
1. CCMPO Presentation on History of Exit 12B/13 Studies:
Ms. Ford explained that the MPO does short and long-range transportation planning and
works with various groups planning for all the ways people get around Chittenden
County.
Specifically dealing with Exit 12B/13, Ms. Ford showed photos of the construction of
Exit 13, through its opening, and today. Exit 13 connects I-89 and I-189.
A study done in 1987 looked at changes at Interstate access points. It included design
concepts,preliminary cost estimates, and calculations of cost-benefit. Access points
looked at in this study were: a new Interchange at Rt. 116, a full interchange at Exit 13, a
full interchange at exit 15, and a new interchange in Milton. For the South Burlington
locations, it was deemed that the benefits outweighed the costs; the benefits of the other
two potential projects did not.
In 1997, a study looked at performance and safety and cited future congestion issues. A
more detailed study was done at Exit 13 in 1999, specifically looking at a northbound on-
ramp and a full interchange. The Federal Highway Administration said a full interchange
would not be allowed there. Ms. Ford showed a diagram of what was considered as a full
Exit 13 interchange. It required 4 new ramps and the moving of 2 existing ramps.
Existing houses and wetlands present challenges for this design. The
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 2
study also looked at a"u-turn alternative" and found very few cars would use this
alternative compared to those who would use a full Exit 13. There was also very little
reduction in traffic foreseen on other roads. Safety issues included "weaving" traffic.
This alternative was then eliminated. (The full service interchange would also have made
changes to Kennedy Drive an Dorset Street, increasing the eastern approach from 3 lanes
to 5 and the southern approach from 2 lanes to 4.)
A ground access study done for the Airport evaluated 7 alternatives to improving access
to the Airport. It showed significant congestion at Williston Rd/Dorset Street and a
worsening of conditions on Kennedy Drive with a full Exit 13. The recommendation of
this study was to increase transit service to the Airport, to develop one new interstate
access, and to improve connection to Vermont Rt. 15.
In 2003, the Agency of Transportation began a study that included: transportation system
management, expansion of Exit 13, a new Exit 12B, etc. This study was never completed
as it became too big and complicated. The recommendation was to separate it into
individual studies including: an Exit 12 study (widening of the off-ramp), and an Exit 14
study (widening of the off-ramp). There was no consideration given to widening the
interstate as this was not deemed likely.
In 2009, a 12B alignment study was done to evaluate the feasibility of a new interchange
at Route 116. Six design options were looked at. Ms. Ford showed photos of the area,
including wetlands and archeologically sensitive areas and also diagrams of what various
alignments would look like. Some of the options could not take place with the existing
residential development in the area. Costs ranged as high as $47,000,000 for various
options, and some required expanding the number of lanes on the bridge from 2 to 5 or as
many as 6 lanes.
Mr. Boucher asked how the choice of a design would get made. Ms. Ford said that
regulatory groups would require the least damaging impact. There would be an
environmental assessment, consultation with various federal agencies, and a
determination by the Agency of Transportation and federal agencies. The Army Corps of
Engineers would also say "yes"or"no"to a plan. Mr. Murray asked if federal agencies
take into consideration the wishes of the local community. Ms. Ford said they do, and
they would not be likely to do something the local community didn't want unless there
was a high accident location involved.
Ms. Ford then reviewed the possibility of a ramp in the vicinity of the"whales' tails."
This would provide only connections to the north, and federal agencies would not
consider it to be meeting a"regional need" and would not allow it.
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 3
A 2009 Financing Options Study was done for Exits 12B and 13. Both are eligible to 80-
90% federal funding. This would leave about$9,500,000 unfunded. Funding options for
this amount could include a special assessment district, TIF, or a surcharge at the Airport.
A 2010 Interstate Justification Review evaluated whether 12B would satisfy FHWA
criteria for the allowing of a new interchange. One of the criteria would be whether
traffic demands can't be managed with the current system. The conclusions of this study
included:
1. 12B would add traffic to I-89 and would reduce traffic on local roads
2. Vermont Rt. 116 would not be affected south of Vt. 12A.
3. Additional lanes on I-89 would not be needed.
4. Improvements to the existing system don't address existing issues.
5. Traffic volumes at high crash locations would be reduced.
6. Congested conditions would remain at US2/Dorset St. and US 2/VT 116,
though traffic volumes would be reduced
7. Congestion would be reduced at I-189/Kennedy Drive.
This study also looked at the impact of 12B on other north/south routes and found very
little impact south of Rt. 2A.
2. Comments by Interested Groups:
A. Smart Growth Vermont:
Noelle MacKay of Smart Growth and Brian Shupe of Vermont Natural Resources
Council outlined some of the qualities of"smart growth"including walkable
communities, community centers, and transportation choices. These should be in the
forefront of thinking, not the background.
Current trends include a 69%increase in traffic due to more sprawling land use patterns.
The answer to these problems has been just to build more roads, and this doesn't work in
the long-term("if you build it, they will come"). Mr. Shupe noted that transportation
accounts for half of the green house gases and 1/3 of all energy use. They asked that
people look at transportation in a different way, not just considering roads. They noted
that land use patterns can reduce auto dependence by providing higher density near
public transportation,bike paths, sidewalks, etc. Design should also be for a human scale
with connected streets and homes built near to services.
Mr. Shupe reviewed prior planning regarding interchanges. He noted that 9-10 years ago
the state was very concerned with interchange development from the point of view of
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 4
scenic impacts and viability of downtowns due to sprawl. They felt economic
development potential at interchanges was not being managed well.
Guidelines were then developed for interchange areas that included:
1. Fostering interchange development that is aligned with land use goals
2. Providing resources for visualizing growth patterns
Mr. Shupe then showed what Middlesex did to change the patterns of development. He
said that in South Burlington most of the land in the 12B/13 area is Industrial-
Commercial with large lots, large setbacks, etc. This would not reflect smart growth
principles. These principles include:
1. Plan for compact centers surrounded by rural countryside
2. Fix it first
3. Don't build for auto dependency
4. Reinforce traditional centers; don't subsidize scattered development
5. Address regional land use and transportation issues through integrated regional
planning.
b. Burlington International Airport:
Brad Worthen said the Airport has been updating its 20-year Master Plan. He noted that
over the past 15 years,there has been significant growth with most passengers arriving at
the Airport in cars. In the 20-year plan,the Airport will continue to grow so that in 20
years there will be an estimated 3,000,000 passengers on an annual basis, double what
exists today.
Traffic improvement is needed to address this increase. Mr. Worthen said the Airport
supports the concept of a new or improved interchange, either 12B or 13. He noted that
some carriers, including Southwest, won't come to Burlington because of access to the
Airport.
c. GBIC:
Frank Coffey said that Vermont's long-term economic outlook is good, and Vermont is
expected to emerge from the recession sooner than the rest of the country. Chittenden
County is the economic nucleus of the Vermont economy with 25%of the state
population living here and 33%of the work force employed here.
The Airport is the epicenter of the state's transportation. It is expected to grow over the
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 5
next 20 years and is vital for commerce to occur in Vermont. It is also vital for
recreation, colleges,medical care, etc. Airport access is a concern for airlines. People
trying to access the Airport now have to drive on congested surface streets.
Mr. Coffey noted that the number of vehicles using the interstate has grown steadily, and
improved transportation access would provide direct access to Technology Park, the City
Center, and properties developed on Tilley Drive and Kimball Avenue.
Mr. Coffey said that doing nothing is not an option.
e. Chamber of Commerce:
Tom Tordy said he does not disagree with anything said previously. There is a need to
plan for friendly communities, and businesses want those kinds of communities for their
employees to live in. He felt the area has examples of what has been done well and what
has been done not so well.
Mr. Tordy said the need is to get congestion off the roads and out of neighborhoods but
still to have it serve commercial areas. He felt the area is poised for another economic
expansion,but that will not occur until people can be brought into the Airport. He added
that it has been difficult to get conventions, etc.,here because of the difficulty of getting
people to Vermont. He agreed with Mr. Coffey that doing nothing is not an option.
3. Questions from the Public:
Coles said he read about an option for a limited access road to the Airport between exits
14 and 15. Mr. Worthen said their consultants feel that would be dead last as an option.
Mr. Zacconi of the Agency of Transportation added that the FHWA does not support
access to individual locations (e.g., an airport).
Ms. Morganti asked how projects get funded. Ms. Ford explained that the MPO has a
board of representatives from Chittenden County towns which make decisions on a
regional basis. It has some authority over funds that come into the county.
Mr. Silverstein asked what aspects of the model led to the conclusion that it would reduce
traffic at various intersections. Ms. Ford said these included land use projections,
transportation, and estimated travel time. Ms. Ducharme of the MPO said that answer is
beyond the technical scope of a public meeting but offered the opportunity for someone
to sit down with engineers to look at that. She added that they use one of the most
advanced models nationally.
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 6
Mr. Stuono said the issue of truck traffic on Rt. 116 was not even mentioned, and he felt
this would increase if that interchange is built. He also asked what the formal
presentation of 14N was made to the MPO and not to South Burlington. Mr. Worthen
said the presentation was made to the Airport. The MPO is now in charge of where that
ranks in the county. Ms. Ford added that from the MPO's perspective, 14N serves the
Airport; they are looking to serve the City of South Burlington.
Ms. Stevenson asked if traffic goes down on Hinesburg Road,how it gets to the Airport.
Ms Ford said that involves peak period traffic. Mr. Conner added there would also be a
street called "Generation Drive"which is not now in existence. He also noted that there
would not be a decrease from the traffic that is there today but a decrease in what is
predicted for the future without that interchange.
Ms. Greco asked if the purpose of 12B is double traffic to the Airport or to reduce traffic
on Route 2. Ms Ford said it is both as well as to serve businesses in the area.
Mr. Murray asked what the traffic problems that are driving this are and is there a study
that outlines all of these problems and how 12B would relieve them? Ms. Ford said the
study is on the website and is very detailed. Mr. Murray said he felt the public should be
told this in public. Ms. Ducharme said they weren't prepared to take that amount of time,
but they are willing to show how the model meets standards, etc., and would be more
than pleased to do that. Ms. Ford noted the model takes where people live and work and
determines where they drive. It is based on travel time.
Ms. Williams asked if anyone doing studies ever comes to Hinesburg Rd. during
commuting hours. She said it is already very congested, and adding more traffic would
be a disaster for the residential neighborhood.
Mr. Bresee asked if satellite parking has been considered for the Airport along with mass
transit. Mr. Worthen said it has. There are plans now for additional parking at the
Airport garage, and they are already looking at satellite parking. He felt this has to
happen. There have been preliminary discussions regarding a 'park and ride' in
Williston. He noted that the Greyhound access to the Airport has been a great success.
Mr. Murray asked if satellite parking is part of the model. Ms. Ford said it is not.
Mr. Silverstein encouraged the Council to address Route 2A before making a decision
about 12B. Mr. Conner explained that the city is actively working on a Route 2 study.
He some progress being made, including a new bus route with a 15-minute schedule.
Mr. Arioli said this is an opportunity to look at things comprehensively. He suggested
looking at criteria for success and working with the MPO around a more comprehensive
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 7
solution that just what South Burlington can do. He felt all exits should be looked at as
all of them have problems, and if you look at them one at a time, you may not get the
result you want.
Ms. Jarvis said the city continues to approve residential development in the Hinesburg
Rd. area. She asked if the city would have to take those over if some of the projects
shown tonight are to happen. She suggested that development should be stopped.
Mr. Moore said he is having trouble connecting the dots: how people from Hinesburg
will get in and out of downtown Burlington,how 12B or 13 will affect various things,
etc.
Ms. Sullivan said more traffic on Hinesburg Rd. means more accidents, especially at the
bottleneck. She asked if there is a plan to buy up the house on the curve. Mr. Conner
said he is not aware of any analysis of that. Mr. Rabidoux said that a few years back the
state and city looked at that curve with regard to the culvert. He has a copy of that study.
Mr. Miller suggested putting it on the website. He also asked people to ask legislators to
extend the waiver to allow heavier trucks on interstates and to add I-189 to that list.
Ms. Dopp said the Land Trust has been trying to gauge public feeling about 12B and 13.
The concern is for increased traffic, wildlife, open space, and separation of
neighborhoods.
Mr. Halches said that some things are no quantifiable. He cited among these things:
removing people south of the interstate further from the community center, eliminating
incentives to bike or walk, concerns for other communities, noise, etc. He added that his
senses say that local traffic would increase no matter what the model says.
A member of the audience questioned whether traffic from Exit 13 would wind up on
Kennedy Drive. He felt there is already too much traffic there, and Hinesburg
Rd./Kennedy Drive is already confusing. He didn't think widening it did anything to
improve it. He said there are accidents every day on Kimball Ave. He felt you have to
get people off the local roads and onto the interstate. He added that when there's an
emergency vehicle, cars don't know where to go to let them through.
Mr. Young said he liked the concept of fixing what we already have.
Ms. Germain said she lived on Hinesburg Rd. near the church, and this is already a dense,
walkable, neighborhood like Smart Growth is talking about. She felt that 12B would
dump more traffic onto Hinesburg Rd. and take away the"smart growth"model that they
now have. She cited a number of streets which access only onto Hinesburg Road.
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 8
Ms. O'Brien thanked the Council and Planning Commission for looking ahead at this.
She felt it is truly a balance, and the issues are everyone's concern. The interstate is
there. Growth has occurred in the city without additional interstate access. She felt now
is the time to weigh all concerns and to do something.
4. Planning Commission Questions and Comments:
Mr. Reihle noted that one of the proposed road configurations highlighted problems for
bikers and walkers.
Mr. McDonald asked if a cost-benefit study was done for the u-turn option on 13. Ms
Ford said it was not. Mr. McDonald felt that was a simple, cost effective approach. Ms.
Ford said the feds would not be happy with a left turn exit. Mr. Arioli said it could be
done with all right turns, the same as a cloverleaf He felt it should be looked at again.
Ms. Dooley said it would help to know what the model encompasses. It seems to be very
traffic focused and doesn't consider quality of life.
Mr. Duff asked how it is that 14N would be OK if the feds want only full interchanges.
Ms. Ford said 14N would be funded by the FAA and not the FHWA. It could serve only
the Airport.
Ms. Dooley asked if consideration was given to a roundabout at Kennedy
Drive/Hinesburg Road. Ms. Ford said it was,but it required a very big footprint. Also,
roundabouts weren't talked about much 15 years ago.
Mr. Kay noted that some airports have a surcharge on a ticket to help solve transportation
problems. He asked if the Greyhound presence at the Airport has resulted in more traffic
or more crime as people feared it would. Mr. Worthen said it has not. He added that it is
safer than when the Greyhound terminal was on Pine Street.
Mr. Kay said Route 116 is very narrow for a state road. He suggested swapping it with
Kennedy Drive and making Hinesburg Rd. a city road and Kennedy Drive a State road.
This would put truck traffic on a safer route. He also suggested that the state put its data
in a more readable form on the website.
Mr. Kay noted that the Planning Commission made zoning changes in the area of
Shaws/Shelburne Road, and the city won an award for development there. Residents of
the area can walk to everything. The only ones who seem to be unhappy are adjacent
neighborhoods who wanted everything to be single family neighborhoods.
CITY COUNCIL/PLANNING COMMISSION
29 NOVEMBER 2010
PAGE 9
Mr. Beaudin said he suspected that in 30 years they will need both 12B and 13. He felt
this was inevitable as long as there is population growth, and that thinking has to be in a
30-40 year timeframe.
Mr. Shaw asked the dollar figure for exit 13. Ms. Ford said it was $13,000,000 in 1999,
but this is not a good estimate today.
Mr. Shaw asked what the FHWA wants to dictate in terms of design for 12B and 13. Ms.
Ford said this would be part of the environmental assessment. The assessment has to
look at all potential alternatives and would have to be approved by the FHWA. They
don't want to build an interstate to solve local issues. Ms. Ford indicated that the rating
criteria are on the website. Cost-benefit is a component of this as is consistency with
local plans.
Ms. Emery said she would like data on high crash/danger potential on Hinesburg Road.
She also wanted more information on the Circ Highway and the impact on roadways if it
is or isn't built.
Ms. Dooley asked Mr. Arioli if he would draft something on the"criteria for success."
6. Next Steps:
Mr. Boucher said there will probably be another meeting sometime in January. He
thanked community members and presenters for coming out to this meeting.
7. City Council- Sign Disbursement Orders:
Disbursement orders were signed.
As there was no further business,both the Planning Commission and City Council
meetings were adjourned.
Clerk City Council
Clerk Planning Commission
CITY COUNCIL 6 DECEMBER 2010
The South Burlington City Council held a regular meeting on Monday, 6 December
2010, at 6:00 p.m.,in the Conference Room, City Hall,575 Dorset St.
Councilors Present: M. Boucher, Chair; S. Dooley, M. Emery, F. Murray, J. Knapp
Also Present: S. Miller, City Manager; R. Rusten,Assistant City Manager; P. Conner,
Director of Planning&Zoning; D. Kinville, City Clerk; J. Rabidoux, Director of Public
Works; J. Ladd, K. Murphy, City Hall staff; M. Young, B. Stuono, G. Maille, R. Bliss, S.
Homestead, E. Morgan, J. Villemaire, R. Smith
1. Executive Session:
Ms. Dooley moved that the Council meet in executive session to discuss personnel and
contract negotiations. Mr. Murray seconded. Motion passed 4-0.
Regular Session:
1. Comments and questions from the audience not related to Agenda items:
a. Mr. Young noted that a sound barrier wall has been erected across from the Airport.
He asked if baseline noise testing was done. Mr. Miller said it was.
Mr. Maille said he had issues with the way the noise measurements were conducted.
There was a plan, he said, that specified how testing was to be done. He indicated that he
took notes and observed that testing was not random. There were tests on days when the
F-16s were not flying. Mr. Maille read a list of the specifications that should have been
followed. He indicated that they were not done concurrently in the northern
neighborhoods, so they were done 12 different times a month apart.
Mr. Maille said he would like the City Council to make a formal request to the Airport
and to the company that did the measurements to secure the raw data so that an
independent analysis can be made. He said he would also like to know the procedure to
give a half-hour presentation to the Council regarding sleep deprivation and its effect on
people. He then outlined some of the disturbances that occurred this past summer.
Ms. Emery suggested asking the Airport for an update on the noise testing.
Mr. Murray suggested that Mr. Maille bring his concerns to staff so staff can bring them
to the Council. Mr. Maille said the city should also be asking for the field notes.
Mr. Knapp recused himself during the next item due to a potential conflict of interest.
b. Officer Bliss of the Police Department spoke regarding the decision regarding the
CITY COUNCIL
6 DECEMBER 2010
PAGE 2
pension able portion of Department overtime. He said they had been told the city wanted
to collect this going back to January 2010. He then reviewed the history of this issue and
read from the agreement.
Officer Bliss noted that they had asked the previous City Manager how the deduction
would look on their pay stubs, and it appeared to them that the City Manager didn't seem
able to respond. They were told the city would get back to them. This did not happen
until Mr. Miller came to them a few weeks ago.
Officer Bliss said they are asking the Council to reconsider going back to January 2010
as it could mean up to $200 deductions from paychecks.
Officer Bliss noted that the Association did ratify the contract including the change in
health care.
Mr. Miller said the agreement had been not to go back to previous years but to go back to
the beginning of 2010; however, since the contract has been ratified, and since the
Association did go to management and ask for those deductions which never happened,
he recommended that the City Council not go back to the beginning of 2010 but only to
go forward from here on.
Mr. Boucher noted they can't vote on it tonight because it hasn't been warned,but
Councilors informally feel they would concur with the City Manager's recommendation.
Mr. Knapp rejoined the Council.
2. Announcements & City Manager's Report:
Ms. Dooley: met with the publisher of The Other Paper. A monthly column for the
Council and City Manager was part of the discussion as was the use of The Other Paper
as the"paper of record."
Ms. Emery: presented a petition from citizens opposing the deployment of F-35's at
Burlington International Airport. She asked the City Manager to copy it for other
Councilors.
Mr. Miller: noted that the Planning Commission has initiated the process for updating
the land regulations.
Advised that the Auditor has resumed work on the city and school audits.
CITY COUNCIL
6 DECEMBER 2010
PAGE 3
3. Presentation on History of Mayfair Park:
Emily Morgan reported on an internship project which she did in recent months on the
history of the Mayfair Park area of the city. The project included a"windshield survey"
of the area including front porches, setbacks, garages, and different architectural styles
and materials. Ms. Morgan noted there is no written history of South Burlington though
some oral histories were done by High School students.
The homes in Mayfair Park were originally designed as single family homes and were
originally populated by soldiers returning from World War II. The developer drew on
garden city designs from England and the use of English names. By 1948, 100 homes
were being built. Ms. Morgan showed photos of different styles of homes, noting that all
have only one-car garages because at that time families had only one car.
Ms. Morgan said she hopes to add more to the project as she will be staying in the area
after receiving her degree. She thanked Paul Conner and city staff for their help during
her research.
4. Discussion of National Guard Road Realignment:
Mr. Homestead said the relocation of the road will get it away from some sensitive tanks,
which is a security concern. An EIS study was done which located a wetland and other
sensitive areas which will determine the location and configuration of the road. Mr.
Homestead showed a plan with the proposed road locations. He indicated that the right-
of-way will be dedicated to the city, and the proposed road will be built to city standards
and to current storm water regulations. No development north of the road is proposed at
this time.
Mr. Rabidoux said he has met with developers on two occasions.
Mr. Young asked if there will be a sidewalk and/or fencing. Mr. Homestead said there
will be 5-foot pedestrian lanes on either side and a security fence all the way. There will
be extensive landscaping.
Mr. Conner said there will be a full review at the DRB.
Mr. Homestead noted there is one architecturally sensitive area which will be excavated
of artifacts before road construction.
5. Ratification of the tentative agreement with the Water Pollution Control
Employees Association:
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6 DECEMBER 2010
PAGE 4
Mr. Knapp recused himself during this discussion due to a conflict of interest.
Mr. Miller said the Association was asked to reopen it contract regarding health and
retirement. There is now an agreement which the Association has ratified which mirrors
the plan that management previously agreed to. Members of the Association hired after 1
January 2011 will be enrolled in VMERS; other members can choose to do this if they
wish. There are 5 employees involved in this agreement.
Mr. Boucher noted this will save the city sizeable amounts of money and that the
Association was under no obligation to approve the agreement. He asked Mr. Miller to
provide more detailed information on the savings to the city for the next meeting. Mr.
Miller said that with the health insurance agreement with the police, the savings will be in
the six figure range.
Mr. Murray moved to approve the agreement ratified by the Water Pollution Control
Employees Association as presented. Ms. Emery seconded. Motion passed 4-0.
Mr. Knapp rejoined the Council.
6. Discussion of Stormwater Topics:
This item was postponed to a later meeting.
7.Authorizing the submission of a letter of intent to establish a tax increment
fmance district(TIF):
Mr. Miller said the letter of intent would not bind the city in the future; it just starts the
ball rolling.
Ms. Murphy showed a map of the new town center district and noted that a TIF would be
a financing mechanism to provide infrastructure for that district. The spending would
need to happen in the first 5 years of the district. The letter of intent must precede an
application by at least 60 days. Mr. Miller noted that this was a topic of discussion with
Legislators last week. The Legislature will be asked to modify TIF language regarding
timing in order to provide more latitude. Mr. Conner noted that the TIF could provide the
city's match for the Market Street reconstruction. He said the Planning Commission
gave it unanimous approval. Mr. Miller added that it could also be used as a match for
any other grants the city might receive.
Ms. Dooley moved to approve the submission of the letter of intent to establish a tax
increment finance district (TIF) as presented. Ms Emery seconded. Motion passed
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6 DECEMBER 2010
PAGE 5
unanimously.
8. Discussion of City Charter Requirements Regarding the Budget; overview
of the FY12 budget format and discussion of municipal fmances:
Mr. Miller said that after pension plan problems had been identified, other problems and
potential problems with budgets were discovered. Auditors were hired for the fiscal year
ending 30 June 2010 followed by the hiring of Mr. Rusten as Assistant City Manager.
Mr. Miller said it appears that checks and balances have been lacking. He noted that
Department Heads have indicated that they objected to the practices that were in place, so
they should not be blamed for the current situation. The City Council also asked
questions and had problems verifying the answers they were given.
Mr. Rusten then provided an overview of what he found has been happening. He noted
that the City Charter requires the creation of a separate fund for fire truck replacement
and the keeping of separate accounts for various funds in the city budget. It also requires
an itemized statement of appropriations and revenues. Budgets for all departments
should include all expenditures. There is also a specific process for the transfer of funds
from one account to another which requires City Council action. Mr. Rusten said he
believes none of these criteria are reflected in the current city budget.
Mr. Rusten then diagrammed what he feels has been happening. Various sources of
revenue have not been segregated, and money from one source went to a different project
or fund or department which lacked funding at the time. He said many funds have been
in deficit for a number of years, and the general fund has been in deficit for 3 of the last 5
years. Mr. Rusten reiterated that only the City Council should have the right to rechannel
money from one department to another.
The city now has to consider: how to deal with structural problems,how to deal with
existing debts, how to provide more accurate budgeting, and how to cut expenses.
Mr. Smith, the Auditor, said not only has the general fund paid for other things, but other
funds have paid for expenditures that weren't for their purpose.
Mr. Miller then asked Mr. Rusten to address the Airport Parkway Treatment Center
project. Mr. Rusten said the overall cost was supposed to be $25,000,000. It appears that
it will run$25,600,000 or so. Of the anticipated $2,000,000 in grant funds, only
$1,300,000-1,400,000 has been collected, and no more is anticipated. It is not certain
whether the$1,500,000 that was anticipated to be on hand to defray costs is there, and
there is a significant cash flow problem. To address this, there has to be accurate
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6 DECEMBER 2010
PAGE 6
budgeting and a means within Charter regulations of dealing with the debt.
Mr. Rusten said they will be asking the prior City Manager and Assistant City Manager
for information as to what was actually happening.
Mr. Boucher said the Council heard about this for the first time in an executive session.
Mr. Rusten said it appears that a number of department heads have tried to get answers to
this in the past. Meetings are now taking place with Department heads to see what their
budgets really should be. Even if they can't end up there, at least the city will know what
the expenditures should be.
Mr. Rusten said they are also putting together a grant management system, a list of all
projects, etc.
Mr. Smith said the real problem is "old, archaic policies"in South Burlington, and clearly
someone wasn't paying attention.
Mr. Rusten then showed a potential format for the 2012 city budget. There will be more
lines in the budget than previously and a clear separation between general funds and
enterprise funds. Revenues will look very different. There will also be a 5-year capital
plan.
Ms. Emery asked the Auditor if there are"best practices" and if what is being proposed is
"best practice." Mr. Smith said it is a better process and conceptually it is "spot on." He
added that there hasn't been much transparency in the past, and the Council needs to see
everything.
Mr. Miller said they met last week with key staff and asked for recommendations for
trimming and for significant service cuts. There will be"expenditure freeze"talk as well.
Mr. Miller added that there will be no cuts in finance and general management or in
general technology.
Mr. Miller then outlined some steps already taken to address these issues including
changes in health insurance programs for management and Water Pollution Department
and Police Depth tiiient. There is exploration for refunding of pension plans at lower
interest rates and for other changes to management. Mr. Miller felt they will probably
have to consider short-term borrowing and increased fees for water, sewer and storm
water. He stressed that everything is on the table.
Mr. Miller said the budget book that the Council receives will have all the information
that staff understands to be the case, including a narrative explanation. The Auditor will
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6 DECEMBER 2010
PAGE 7
be present in March to provide explanations.
Mr. Stuono asked if other municipalities have found themselves in similar positions. Mr.
Smith said many of them have. The issue would be if those problems are allowed to
continue. He added that everything was in place in South Burlington to identify those
problems,but the"markers"were ignored. He stressed that governments are asked to do
a lot with a limited amount of resources.
Mr. Young asked if sewer rates for Colchester will go up as well. Mr. Boucher said they
will. Mr. Miller added that Colchester will pay their proportion of South Burlington's
base rate. Mr. Boucher stressed that the City Council asked many times if the sewer rates
were sufficient to pay for the Airport Parkway expansion and were told"yes." They also
asked if the dollar amount for the project was right and were again told"yes."
9. Discuss revision of signs in the Municipal Right-of-Way:
Mr. Miller said the revision includes; no signs attached to municipal property or buildings
and limitations on size of signs.
No Council action was required.
10. Resolution Changing the Paper of Record from Seven Days to The Other
Paper:
Mr. Miller said that in researching the issue, it was discovered that there is no reason not
to make this change. Seven Days and the Burlington Free Press would be alternates.
Ms. Emery moved to authorize the changing of the paper of record to The Other Paper.
Mr. Murray seconded. Motion passed unanimously.
11. Resolution of Document Changes in Fringe Benefits for Management and
Non-represented Employees:
Mr. Miller said there would be a$24,000 savings as of 1 January 2011, and a$48,000
savings as of 1 July 2011. This is part of the effort to trim costs.
Mr. Murray moved to approve the changes in fringe benefits for management and non-
represented employees as presented. Ms. Emery seconded. Motion passed unanimously.
12. Consideration of Approval of Capital Equipment Notes for Public Works
Department:
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6 DECEMBER 2010
V V .
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A) trackless sidewalk plow
B)2008 dump truck with sidewalk plow
C) highway loader
Mr. Miller said all are at 2.4%. He added that in the future this practice will stop, and
there will be a capital purchase reserve fund to pay for equipment in full.
Mr. Knapp referred to page 2 of the Resolution and asked if it is correct that the city
doesn't expect to issue $5,000,000 in debt obligations this year. Mr. Miller said that as
long as the Council has no other firm plan, that is true.
Mr. Knapp then moved to approve the capital equipment notes for Public Works in the
form written. Mr. Murray seconded. Motion passed unanimously.
13. Review and Approve Minutes of 15 November 2010:
Mr. Murray moved to approve the Minutes of 15 November 2010 as written. Mr. Knapp
seconded. Motion passed unanimously.
14. Sign Disbursement Orders:
Disbursement orders were signed.
As there was no further business to come before the Council, the meeting was adjourned
at 9:50 p.m.
Clerk
CITY COUNCIL 13 DECEMBER 2010
The South Burlington City Council held a special meeting on Monday, 13 December
2010, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St.
Councilors Present: M. Boucher, Chair; S. Dooley, M. Emery, F. Murray, J. Knapp
1. Executive Session:
Ms. Dooley moved that the Council meet in executive session to discuss the contractual
and personnel aspect of the City's Financials. Mr. Murray seconded. Motion passed 5-0.
1.Regular Session:
Chair Mark Boucher made the following statement:
We were in executive session concerning the contractual and personnel
aspects of the City's financial condition. This is a matter that the City
Council is treating most seriously. We are dealing with this
appropriately, deliberatively and expeditiously. We will continue to do
so until we are finished and will fully report to the public. We will not
be deterred, diverted or rushed. We will fully discharge our public
responsibilities.
2. Sign Disbursement Orders:
Disbursement orders were signed.
As there was no further business to come before the Council, the meeting was adjourned
at 7:30 p.m.
Clerk