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AGENDA • •
SOUTH BURLINGTON CITY COUNCIL
City Hall
575 Dorset Street
SOUTH BURLINGTON, VERMONT
Regular Session 4:30 p.m. Tuesday, Nov. 20, 2012
1. Agenda Review: Additions, deletions or changes in order of agenda items.
*** Discuss and possible update of City Council 2012 Priority Tasks that were set in April (City
Councilors and Staff).
3. *** Discuss/Review Council procedures. (City Councilors).
4. Inter' Zoning Steering Committee (IZ Committee Chairs and Councilors)
aW. *** Update from Committee Chairs.
b. Protocols regarding staff responsibilities.
5. Follow-up to joint City Council/Planning Commission meeting:
9► *** Discuss PC LDR issues per Paul Conner memo of 11/9/12.
1 Attending each others' meetings?
6. Comments from the public on items not related to the agenda.
7. Other Business
8. Consider entering executive session to discuss personnel, contract negotiations and litigation.
Respectfully Submitted:
/4///%'/1—'
Sanford I. Miller
City Manager
*** Attachments Included
#t## Attachments Sent Separately or Previously
South Burlington City Council Meeting Participation Guidelines
City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and
informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient
meetings,we kindly request your cooperation and compliance with the following guidelines.
1. Please be respectful of each other(Council members, staff, the public).
2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address.
3. Please address the Chair and not other members of the public, staff, or presenters.
4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and
there is sufficient time for the Council to conduct all the business on the agenda.
5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a
second time.
6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard.
7. Please do not interrupt when others are speaking.
8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others
views.
9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are
other conversations occurring.
Public Sign- In •
Nov. 20, 2012 City Council Meeting
Please Print
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PRIORITY AND WORK TASKS IMPLEMENTATION STEPS TIME FRAME • STAFF COST
II. COMPREHENSIVE COMMUNICATIONS IMPROVEMENTS
A INTI RNAI COMMUNICATIONS
1. Analyze IT Equipment/Software/Staffing
and Support needs
2. Develop and adopt IT system use policies
3. Develop and adopt a 3 to 5 year IT capital
plan
4. Develop a communications plan including
consideration of branding and a uniform
look and message
B. EXTERNAL COMMUNICATIONS:
1. Improve Customer Relations
2. Improve Website
3. Utilize Social Networking
4. Expand our use of CCTV
5. Respond to Residents'Concerns
6. Develop and implement improved system
of responding to inquiries from the public
and the media
7. Work with The Other Paper to improve
communications with residents
City of South Burlington City Council Priorities-Fall 2012 12
PRIORITY AND WORK TASKS IMPLEMENTATION STEPS TIME FRAME .STAFF COST
III. AIRPORT AND RELATED ISSUES
A. Work on Noise Issues—including Part 150 •
update and alternative uses for NCP and
AIP dollars
B. Participate on Airport Strategic Planning
Commission
C. Communicate with our Airport Commission
member •
D. Analyze and discuss modifying the
Acquisition and Demolition Program
E. Look at Other Information—VTANG
F. Review the Final EIS Regarding F-35a Basing
Decision
IV. TRANSPORTATION ISSUES
A. Look at whether to expand Complete
Streets
B. Work with Recreation Pathways Committee
on Bike Path Issues such as Connections
C. Conduct Shelburne Road corridor study
D. Work on 1-89 Exits 12B,13, 14N
E. Look at Intermodal Transportation Facility
F. Determine overall City transportation
strategy
City of South Burlington City Council Priorities-Fall 2012 13
PRIORITY AND WORK TASKS IMPLEMENTATION STEPS TIME FRAME • STAFF COST
V. ORDINANCES AND CODE ENFORCEMENT
A. Research potential codes to adopt
B. Understand the City's range of authority in
code enforcement
C. Determine what would be required for City
resources for any code enforcement
initiative to be considered for adoption
D. Update ordinances
E. Consider a littering ordinance
F. Consider codification of City ordinances
G. Consider anti-idling ordinance
H.Consider anti-pesticide ordinance
VI. RAILROAD CROSSINGS
A. Determine what the City might do
B. Determine what the City can do
C. Determine what the City is/will be •
obligated to do
City of South Burlington City Council Priorities-Fall 2012 14
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PLANNING & ZONING
MEMORANDUM
TO: Sandy Miller, City Manager
FROM: Cathyann LaRose, City Planner
SUBJECT: Interim Zoning: Open Space Working Group
DATE: November 20, 2012 Steering Committee meeting
Background:
In October, the City Council asked the South Burlington Natural Resources Committee
(NRC) to serve as one of the four Committees working towards changes during the
Interim Zoning period. As staff liaison to the NRC, I have continued as primary staff
liaison to the new working group.
The Group began discussions on October 4th with a dialogue of the goals of their work.
They agreed to meet two times per month, and seek additional input from other
committees, notably the South Burlington Planning Commission, Recreation and
Leisure Arts Committee, and South Burlington Land Trust.
Proposed Work Plan:
The group discussed several potential products, ranging from updates to the Open
Space Strategy (produced in 2002), updates to the Comprehensive Plan, and a
policy/guidance document for City land acquisition. While they felt that each product
was with merit, members ultimately felt that the most urgent need, over the next several
months, included updates to the Land Development Regulations (LDRs).
The proposed scope of the updates includes:
1. Evaluation of natural resources outside of the Southeast Quadrant (SEQ),
including wildlife corridors, surface water corridors, and identification and
protection of discreet unique natural resources;
2. Re-assessment and possible additions to scenic view corridors;
3. Development of open space requirements within PUDs; and,
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
4. Completion of project to develop site-specific natural resource
conservation standards.
Following the completion of these projects, the group recommends work on the other
products discussed and listed above.
Budget and Consultant:
The group unanimously recommends that Staff communicate with existing consultants
to determine whether they may add these tasks as revisions to their contracts; where
necessary, additional personnel may need to be added to the consultant team. Doing so
would save significant staff resources and allow the work of the Open Space Committee
to "catch up" to the timing of the other three IZ committees.
Cost estimates will be developed following communication with potential consultants. In
anticipation of this project, however, staff presented a possible budget of $30,000 for
the completion of studies related to Open Space IZ work.
Group Members
The group respectfully recommends that the following members be officially appointed
to the Interim Zoning Open Space Committee:
• Peter Jones, Chair of NRC
• Patrick Clemins, NRC Member
• Russell Agne, NRC Member
• Betty Milizia, NRC Member
• Laurel Williams, NRC Member
• Mark Dupois, NRC Member
• Barbara Benton, Planning Commission Member (approved by the
Commission 11/13)
• South Burlington Land Trust Representative- to be named
• South Burlington Recreation and Leisure Arts Committee Rep- to be named
(discussed at the RLAC meeting 11/13)
• Helen Riehle, City Councilor
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PLANNING & ZONING
MEMORANDUM
TO: South Burlington Planning Commission
Sanford I. Miller, City Manager
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Questions regarding Possible Land Development Regulations
DATE: November 13, 2012 meeting
As the Commission approaches the possible warning of amendments to the Land Development
Regulations (LDRs),staff has a handful of key questions that we recommend be addressed prior to
warning or adoption of amendments to the LDRs.
These questions are intended to ensure that the amendments are consistent with expectations of the
Commission and Council, and to provide the Commission and Council with the opportunity to address
questions raised by some large landowners and residents in the community over the past few weeks.
It is staffs recommendation that the Commission not warn a public hearing on the amendments until
both boards have had the opportunity to visit these questions.The Planning Commission will be meeting
on November 13th and 27th,while the City Council is planning a meeting to discuss priorities and Interim
Zoning-related work on November 20th
Key questions related to current amendments under consideration by the Planning Commission:
• Are the amendments under consideration consistent with the type, scope, and scale of the
request by the City Council for a series of"quick fixes" in support of their work under Interim
Zoning?
• Are there amendments that have not been addressed that the Council requested be
considered?
• There appears to be a level of overlap—and a concern raised by some landowners and residents
regarind this overlap- between the types of amendments being developed by Commissioners
and the Charges of the Interim Zoning Committees and their consultants. How should this be
addressed?
• What level of expert"vetting" of the amendments under consideration should take place?
• What level of public input should be sought for the amendments under consideration by the
Planning Commission?
• How should the city address the allocation of staff,City Attorney, and DRB resources to review
and implement amendments today that may be re-reviewed over the course of the next year
with the work of the IZ Committees?
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Summary of amendments under review by the Commission:
The following amendments were "okay'd" by the Commission at its October 23rd meeting for
submittal to the City Attorney, with the intent of warning a public hearing in November.
1. Buildable area density calculations
Brief Summary:Amendment would "take out" wetlands,steep slopes, and floodplain areas from
density calculations and lot coverage limits on a property.
Functional change:A 10 acre parcel with 2 acres of wetlands presently has a maximum theoretical
density based on the full 10 acres of land, and lot coverage maximums based on the full 10 acres of
land. Under the amendment, a 10 acre parcel with 2 acres of wetlands would be calculated as an 8-
acre parcel for density purposes, and lot coverage% limits would be based off the 8"buildable
acres".The same would be the case for"sending"Transferable Development Rights.
2. Housing Types requirements in the SEQ
Brief Summary:Amendment would replace recommendation for a mix of housing "types" with a mix
of housing styles.
Functional change:The DRB presently interprets the standard as requiring variety in the number of
housing units in a building,and in the design of the buildings within a development. Under the
amendment,there would be a clearer definition of the variety of design of buildings, and no
requirement for a variety in the number of housing units in a building within a development.
3. Prohibition of agricultural restrictions within condominium developments
Brief Summary:Amendment would prohibit new condominium association bylaws from prohibiting
growing of vegetables within common land.
Functional change: Present regulations are silent on the issue. Under the amendment, new
condominium associations would not be permitted to ban growing of vegetables on common land.
4. PUDs on Small Lots/Lot Frontage requirements
Brief Summary:Amendment would prohibit PUDs on lots of less than 2 acres in specific districts,
unless otherwise required by the bylaws.Amendment would also require a minimum lot width of
50' at the street.
Functional change: PUDs are presently allowable in all areas, proving for more than one building on
a lot, and flexibility is development standards. At present there is no requirement for a lot to have a
minimum width at the street(frontage). Under the amendment, PUDs would be prohibited on los of
less than 2 acres in lower-density zoning districts, and a minimum of 50' lot width would be
required.
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5. Roadway Setbacks along major roads in the SEQ and elsewhere
Brief Summary:Amendment would increase minimum building setbacks along Dorset Street south
of Swift Street, Hinesburg Road south of 1-89, Spear Street south of Quarry Hill Road, Swift Street
east of Farrell Street,and Allen Road west of the Farmstand buildings from 50'to 100'. Existing
buildings would be exempt.
Functional change:At present, all new structures are required to be 50'from the public right-of-
way, unless adjusted by the DRB as part of a PUD review. Under the amendment, all new structures
will need to be at least 100' set back, unless adjusted by the DRB as part of a PUD review.
6. Planning Commission membership and duties
Brief Summary:Amendment LDRs to be consistent with the City Charter.
Functional Change: None, except to ensure consistency.
Note:This amendment was proposed by staff as a technical correction unrelated to Interim Zoning.
7. Temporary Uses
Brief Summary:Amendment would clarify that temporary events can be undertaken by any
organization for broad purposes.
Functional change:Technically,at present,the allowance for 2 outdoor events per year with tents
applies ONLY to businesses for"outdoor sales events".The amendment would clarify that non-
profits and other property owners could hold such events, and that they need not be for outdoor
sales.
Note:this amendment was under development prior to the joint Council-Commission meeting.
8. Interstate Highway Overlay
Brief summary:Amendment would allow pre-existing buildings within the Interstate Overlay Zoning
District to changes uses to any use allowed in the underlying zoning district.
Functional Change:At present, all pre-existing buildings in the Interstate Overlay District are non-
conforming AND all uses within such buildings are non-conforming. No expansions to the buildings
or changes the uses within them are permitted. Under the amendment, buildings would not be able
to be expanded, but the uses within them could change to any permitted within the underlying
zoning district.
Note: the amendment was "okay'd" by the Planning Commission prior to the joint Planning
Commission-Council meeting.
9. Seasonal Mobile Food Units
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Brief Summary:Would amendment review process of re-approval of existing seasonal mobile food
units
Functional Change:would allow for administrative re-approval of previously-approved seasonal
mobile food units.
Note:this amendment was under development prior to the joint Council-Commission meeting.
II. The following amendments are presently under review by the Commission.
10. Expansion of view corridor standards
Brief Summary:Amendment would establish new view corridors (height limits and/or building
placement requirements)to preserve views of the Adirondacks and Green Mountains.
Functional change:establish new areas of restriction where none presently exist,specifically from
Hinesburg Road and Lime Kiln Road.
Status:Staff is meeting with Commissioner Riehle to visit identified sites in the next week.
11. Residential building standards city-wide
Brief Summary:Amendment would extend SEQ residential design standards elsewhere in the city.
Functional change:At present, certain residential design standards apply to all new development
reviewed by the DRB in the SEQ, developed as part of a package of amendments related to
residential development in 2006. No such standards presently exist elsewhere in the City(except in
City Center). Under the amendment,the building design standards would apply throughout the city.
Exact districts have not been defined.
Status:draft language (directly copied from SEQ) is before the Commission to review.
12. Open Space Requirement for PUDs in the SEQ.
Brief summary:All PUDs in the SEQ would be required to have 50%open space set aside. Standards
would apply to determine which portion of the property would apply.
Functional change:At present, open space is generally addressed SEQ-wide through TDRs and on a
site-specific basis based on resources on the site. No minimums for open space exist,save for lot
coverage limits. Under the amendment,all PUDs would be required to have 50%open space.
Status: Commissioner Quest has prepared a draft.The draft is being discussed by the Open Space IZ
Committee.
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13. Stormwater Ponds and lot coverage
Brief summary:Amendment would remove stormwater ponds from calculations of lot coverage.
Functional change: not yet drafted
Status: Staff has recommended that the amendment be reviewed b the City's consultant presently
developing amendmens to the LDRs to support Low Impact Development stormwater techniques.
III. The following amendments have been listed as top priorities by the Commission following the
joint Planning Commission-City Council meeting, but have not yet been drafted.
14. Establish sending area requirements for transferable development rights
15. Establish buffers between variable density development;
IV. The following amendments have been scheduled for discussion in November 2012 as possible
amendments:
16. Consider requirement for transparent glazing of windows on new and existing buildings
17. Discuss SEQ-Neighborhood Residential zoning subdistrict designation at intersection of Hinesburg
Road &Cheesefactory Road
18. Discuss SEQ-Village Commercial zoning subdistrict designation
19. Meet with property owners at Technology Park to review requests made in June 2012
20. Review two public requests for zoning amendments, related to storage of vehicles in the Industrial-
Commercial District and lot coverage requirements along Shelburne Road
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SOUTH BURLINGTON CITY COUNCIL
AGREED-UPON PROCEDURES
MAY 2012
To assist in accomplishing City business, we agree to the following guidelines.
A. Regarding City Councilor conduct at City meetings, we will
1. Raise our hands and wait to be acknowledge by the Chair
2. Not interrupt whomever is speaking
3. Refrain from side conversations and remarks
4. Speak only once on a topic until all other Councilors have had the
opportunity to speak
5. Use motions, and seconds for all action items prior to voting
6. Empower the Chair to rule on all procedural matters unless over-ruled by
a majority of the Council
7. Make all decisions by majority vote
8. Refrain from using cell phones (voice or text) during meetings
B. Regarding City Councilor conduct outside of meetings, we will
1. Maintain confidentiality on all matters discussed in executive session
2. Contact the City Manager and Deputy City Manager only on matters
needing clarification
3. Refrain from contacting other City staff
4. Refrain from tasking any City staffer, including the City Manager and
Deputy (tasking of the CM and DCM is done only by majority vote)
5. Refrain from contacting any appointed officials to include, the City
attorneys and auditors
C. Regarding City Council Agendas,
1. The Chair and City Manager prepare it
2. At the end of each meeting, Councilors may suggest items for subsequent
meetings. These will be placed on a subsequent agenda provided that
they are approved by a majority of the Council
3. No new items will be introduced or added to the agenda on the day of the
meeting (unless they are urgent and time sensitive)
4. Written copies of any issue/proposal/resolution, etc., will be provided to
each Councilor at least a day in advance of the meeting
D. Regarding the location of meetings
1. City Council meetings will continue to be held in City Hall
2. Town forums—not City Council meetings—will be held at area schools on
area-relevant topics
E. Regarding public participation guidelines at City meetings (see attached)
F. Regarding the relationship to City boards, commissions, committees, liaisons
1. Joint sessions with the Development Review Board should occur annually
2. Joint sessions with the Planning Commission should occur at least semi-
annually
3. Representatives of these groups are expected to be present at City
Council meetings when items in their area are discussed
4. Annual written reports are required from all City appointed groups
5. Routine attendance at City Council meetings are expected from all
appointed liaisons and representatives
6. The current appointment process/criteria/qualifications will be evaluated
during the next appointment cycle
G. Regarding interacting with the media. responding to residents, and the use of
social media
1. The City Manager or the Chair will be our official spokespersons with the
media and residents
2. The use of print and social media will be discussed as part of our
communications priority
H. Regarding the evaluation of the City Manager
• We will develop a process and time frame
I. Regarding fiscal responsibility
• We will make every effort to have money budgeted before authorizing
expenditures