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HomeMy WebLinkAboutAgenda - City Council - 01/18/2011 s south urlington VERMONT AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON,VERMONT Executive Session 6:00pm Tuesday, Jan. 18, 2011 1. Consider entering executive session to discuss personnel, contract negotiations and litigation. a. Update the status of the Firefighters' contract re-opener and concessions. They voted unanimously to support what their executive committee discussed and Doug, Bob and I presented to CC last night. b. Review of other personnel issues, including any update on the DFO position. c. Possible update of Kennedy Drive litigation. Regular Session 7:00 P.M. Tuesday, Jan. 18, 2011 1. Comments and Questions from the public (not related to the Agenda). 2. Announcements and City Manager's Report. a. Bob and I attended manager/administrator luncheon today and ?? b. VLCT is planning its annual Local Government Day for Wednesday, February 16tn c. Bob, Kelly and I attended the GBIC/Chamber Legislative Breakfast January 10tn d. SB's next legislative breakfast/update is next Monday, January 24th. ✓3. Public Hearing of Amendments to Land Development Regulations. Second reading. Paul Conner has previously provided a detailed memo explaining this item. If there are no substantive changes, this could be adopted at the CC meeting. There are a few non- substantive adjustments as recommended by the City Attorney and approved by the PC. 4. ***Consider Accepting a Municipal Planning Grant and Authorize Execution of an Agreement from Vermont Dept. of Housing and Community Affairs. Paul Conner, Planning & Zoning Director. We received a $15,000 grant to assist with zoning changes to the City Center area as well as the area north of Williston Road. This will help us with our TIF district application when we are ready to submit it. A $3,500 match from SB is required. We will send out an RFP to firms for this work. Based on their costs, there may be a need to spend some additional money because of the Williston Rd. and TIF issues. 5. ***Consideration of 2006 Comprehensive Plan Re-Adoption Amendment, Paul Conner, Planning & Zoning Director. There is an attached memo from Paul describing in detail the proposed short term re-adoption of the 2006 plan while the PC and CC complete work on a few remaining outstanding issues, such as some elements of future land use, the "exits"wording and looking at the entire document. • 4.404 south' PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Consideration of Acceptance of Municipal Planning Grant agreement from Vermont Dept of Housing and Community Affairs DATE: January 18, 2011 City Council meeting Earlier this month staff was informed that the City had been successful in its recent application for a Municipal Planning Grant from the State. The City has been offered an award of the full amount applied for. Staff is now seeking authorization from the Council to accept the grant. Summary of the Grant: This Municipal Planning Grant will be used to revise the city's zoning regulations in City Center and along Williston Road, incorporating form-based standards. These amendments will serve to both better align the zoning requirements in the city center area with the public vision for the area, and to develop design-type standards for the Williston Road corridor, making that area eligible for inclusion in the city's New Town Center(and therefore for inclusion in the Tax Increment Finance District). Funding: The city was awarded $15,000 from the State. This must be matched by an additional $3,500 in cash from local sources. Staff estimates that this cash match will be needed in FY '12 as the State will provide up to 40%of their funds up front, allowing us to initiate the project in FY '11 with no expenditures of local funds. Recommended Action Staff recommends that the Council authorize the City Manager to sign the grant agreement on behalf of the City and to reserve $3,500 from line#111 of the draft FY '12 City Budget, "Contingency Fund/Grant match," for the match to this project. 1 a. • _ PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Consideration of 2006 Comprehensive Plan Re-Adoption, with minor changes DATE: January 18, 2011 City Council meeting In the course of preparing the revised city Comprehensive Plan, ongoing, the Planning Commission in November reviewed its completion schedule and recommended a dual-track adoption. • Part I will be to complete the 2011 Comprehensive Plan as quickly as possible in the new year, while at the same time ensuring that appropriate consideration is given to the various issues and policies. • Part II is a proposed re-adoption of the existing 2006 Comprehensive Plan(with very minor amendments) as a short-term action while the full update is completed. The current Plan will expire on March 9th, 2011, if not action is taken. The Planning Commission held its formal public hearing on the readoption of the 2006 Comprehensive Plan with minor amendments on January 11th and voted unanimously to approve the Plan and submit it to the City Council for consideration. Proposed Amendments: Staff and the Planning Commission went through the 2006 Plan looking for any technical errors that might exist that should be corrected and found a handful, all related to maps and map references. The Commission approved of the following minor changes be included in this re-adoption: 1. Change the date of adoption on all pages 2. Page 26: Amend the text as shown: "Map -6 shows the future land use plan for the City of South Burlington." 3. Page 26: Amend the text as shown: "A discussion of the various land use categories d efspecial conce=:(i.e., CityCenter--ad;o th ast Quadrant) identified on Map g 6 is provided below:" 1 10. Eliminate"Appendix E Southeast Quadrant Goals Based Plan". This map does not appear to be referenced anywhere in the text of the Comprehensive Plan and reflects the planning & zoning that was in place prior to the planning work completed between 2002 &2006. The text of the Plan does not relate to this map. Staff recommends simply eliminating this map or replacing it with the current zoning map for the area. 11. Change Title of"Land Use"map to "Map 1: Current Land Use" 12. Change title of"Public Utilities Map#2"to "Map 5: Public Utilities#2" 13. Change title of"Southeast Quadrant Natural Communities and Buffers"map to "Map 9: Southeast Quadrant Natural Communities and Buffers" 14. Change title of"Conserved Lands and Natural Communities"map to "Map 10: Conserved Lands and Natural Communities" Copies of the Plan under Consideration Copies of the 2006 Comprehensive Plan, with the revisions listed above incorporated, can be found on the city's website at www.sburl.com/planning. Please contact staff if you would like to receive a printed copy. Copies were not automatically included in your packet in order to save paper and printing costs on these minor revisions. Implications of Non- Re-Adoption Under Vermont law,municipalities are not required to have an adopted Comprehensive Plan. Not having a Plan in place,however,makes the city ineligible for a number of programs and actions. Without a Plan in place, the city: • May not amend its Land Development Regulations (Zoning& Subdivision); • May not adopt or amend a Capital Budget and Program; • May not apply for State grants, including Municipal Planning Grants; • May not have the Plan considered in an Act 250 review of applications; and, • May not have the Plan considered by the State when considering new state buildings. Following adoption, there is one final step that the Council may take: to request approval of the Plan from the Regional Planning Commission. The city will remain ineligible for some state grants, and for consideration of location for new State building until the Plan is approved. Because this is a re-adoption, we may not at this time be eligible for regional approval,but staff will contact the Regional Planning Commission for details. Proposed Public Hearing& Adoption Schedule: State Statutes require that the City Council hold at least two (2)warned public hearings prior to the adoption of a Comprehensive Plan. The first of these must, further,be held no less than thirty(30) days following the Planning Commission's public hearing. In consideration of these timelines, staff recommends the following public hearing and adoption schedule: 3 BA January 12,2011 Sandford Miller, City Manager. City of South Burlington 575 Dorset Street South Burlington,VT 05403 Grant Anticipation Note Dear Sandy: Thank you for the opportunity to bid on your request for a Grant Anticipation Note in the amount of$300,000.00. This bid is submitted as per your request for proposal specifications dated January 11,2011. + ISSUE DATE: The note will be issued on or about January 21,2011. • MATURITY DAM: All principal and interest on the loan will be repaid on or before January 21, 2012. • INTEREST RATE: The rate of interest on the note on a"lump sum"basis will be 1.70%based on an actual/36$ day year. +.• DENOMINATION OF NOTE: There will be one note issued in the denomination of $300,000.00. PREPAYMENT PROVISION: The note may be prepaid at any time without penalty. •:+ CONFIRMATIONS: The City must confirm in writing that: > The anticipated total borrowing for 2011 will not exceed$30,000,000; > The City will comply with all aspects of the Internal,Revenue Code of 1986, as amended,including all provisions relating to arbitrage and rebate. This bid is subject to confirmation by the Bank that the note represents a valid and binding general obligation of the issuer, and further that the note is a"qualified Tax exempt obligation"for the purposes of Section 265(b)(3)of the Code; • All public bid, procurement and request for proposals statutes,ordinances and regulations have been complied with;and P.O.Box 1009, Burlington,VT 05402 Member FDIC n. Equal Housing Lender 802.$58.3400 800.322.5222 t tbtrt.cont 4 CITY COUNCIL 3 JANUARY 2011 The South Burlington City Council held a regular meeting on Monday, 3 January 2011, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: M. Boucher, Chair; S Dooley, J. Knapp, F. Murray Also Present: S. Miller, City Manager; R. Rusten,Assistant City Manager; P. Conner, Director of Planning&Zoning; J. Rabidoux, Public Works Director; Chief D. Brent, Fire Department; T. Hubbard, Recreation Director; K. Murphy, City Hall staff; B. Stuono, M. Young 1. Executive Session: Mr. Murray moved that the Council meet in executive session to discuss personnel, contract negotiations and legal issues. Ms. Dooley seconded. Motion passed unanimously. Regular Session: 1. Comments & Questions from the Audience not related to agenda items: No issues were raised. 2. Announcements & City Manager's Report: Mr. Boucher: Announced that Councilor Emery gave birth to a baby girl. All are doing well. Ms. Dooley: Will be on the School Superintendent Search Committee. Mr. Miller: The VLCT is organizing a meeting regarding TIFs. He, Mr. Rusten and Ms. Murphy will be attending. Mr. Miller will also attend the VLCT meeting on Thursday. 3. Approval of Credit Card Use Policy: Ms. Murphy advised that she had asked VLCT for a model and also looked at models from others in the state to insure that cards are used correctly. Safeguards include record-keeping requirements and the reporting of misuse or misconduct. Guidelines will be set up for giving someone a credit card number and permission for one-time use. Mr. Miller said this practice may not continue in the future. Mr. Murray moved to approve the Credit Card Use Policy as presented. Ms. Dooley seconded. Motion passed 4-0. CITY COUNCIL PAGE 3 The$870,00 increase in expenditures includes $130,000 to the Stormwater Utility and$261,000 to pension funding. Mr. Rusten stressed that they cut many budget items to get to the$870,000 figure. Mr. Rusten noted they will be creating a purchase order system and will be looking at standard operating procedures. To prevent overspending of line items,there will be weekly account reviews conducted by the Finance Department. Funds that should be segregated will be segregated. The city will also use enhanced financial management software and will provide departments and the City Council with monthly budget reports. Regarding pension contributions,Mr. Miller said that based on the actuary's report,the recommendation is 22.4% for non-public safety employees and 25.1% for public safety employees. The total contribution from all department and funds is $1,660,000. Mr. Miller noted that in most of the last 10 years,the city's contribution to the South Burlington Retirement Plan did not meet actuarially recommended dollar amounts. Mr. Miller also noted that in the past some costs, such as portions of all of the actuary and investment management fees have been paid from pension assets. This has the impact of"financing"these operational expenses over 30 years at 7.5%. This practice will be discontinued immediately. Staffing currently consists of 128 full time, 16 part time, 12 on-call Firefighters, and 40+ seasonal recreation staff members. In FY2012, across all funds there will be at least 8 fewer full time equivalents. Reduction figures are the result of abolishing positions, leaving some positions vacant, and layoffs. In addition, some departments have been reorganized. Notably,what is considered a realistic number of staff positions are shown in the ambulance budget, which makes it appear larger in FY2012,but no positions have been added. Mr. Rusten then addressed general fund payments to the School District. He noted the city has paid$26,938 for community use, $16,981 (+ $1000 wage reimbursement) for school use, $1000 for school bus drivers, $32,609 for grounds management and$250,000 for school resource officers. School buses have also been maintained at the Dept. Of Public Works. There is no indication that the School District has reimbursed the city for city services. Mr. Rusten outlined anticipated program/services reductions as follows: 1. Highway paving 2. High way snow removal 3. Library hours (3 per week, opening at 10 instead of 9:30) 4. Reduction in School Resource Officers 5. Reduction in Planning& Zoning response time due to reduction in administrative staff Other reduction may be forthcoming. CITY COUNCIL 3 JANUARY 2011 PAGE 4 • for the Quint fire truck(payable at $163,00 a year on a 5-year note. Mr. Miller said the goal will be as much as possible to do vehicle purchasing without incurring interest. Options for City Council consideration were then outlined as follows: 1. Financing pension obligations 2. Further staff/services reduction 3. Conservation funding(possible use for a few years to reduce the tax burden) 4. Rescinding or restating the SAFER grant(would involve having to pay back money received from the grant) Mr. Miller said that goals and objectives include: 1. Changes to the financial management system 2. Prior year interfund transfers 3. Technology 4. TIFs 5. City Center project 6. Workplace Safety Committee (there is a poor Workers Comp history in the city) 7. Employee benefits 8. Relocation/restructuring of office operations Mr. Rusten said the goal was to make the budget more transparent. He cited the help received from unions and union management and from the staff as a whole in trying to address issues. Mr. Stuono raised the question of the fairness of the current water/sewer/stormwater fee structure and suggested it be based on assessed value. He felt the current system results in disincentives to conserve. Mr. Rabidoux said that the percentage of impervious is a portion of the calculation for commercial property. Every residential unit pays the same rate regardless of impervious area. Mr. Murray asked if there has been any indication from the School District as to their budget figures. Mr. Miller said he has raised the question with them regarding things the city pays for and things the School District isn't paying the city for. There has been no response as yet and no word on their budget. Mr. Murray said that doing the math, it looks like the cost for the tax increase and other fees for the average South Burlington home would be about a$13/month increase over last year. He added that the things that have been discovered have been disconcerting and upsetting and that all the Department Heads,unions, staff, administration, etc., are the silver lining of these clouds. CITY COUNCIL 3 JANUARY 2011 PAGE 6 CITY COUNCIL 5 JANUARY 2011 The South Burlington City Council held a budget work session on Wednesday, 5 January 2011, at 6:00 p.m., in the Conference Room, City Hall, 575 Dorset St. Councilors Present: M. Boucher, Chair; S. Dooley, J. Knapp, F. Murray; M. Emery (via speaker phone) Also Present: S. Miller, City Manager; R. Rusten, Assistant City Manager; J. Rabidoux, Public Works Director; Chief D. Brent, Fire Department; K. Murphy, City Hall staff; M. Young 1. Budget Workshop to review FY2012 budget: a) City Council: Mr. Rusten indicated that the advertising budget had been reduced by $3600. Legal Services were also eliminated from the City Council budget and included as part of a Legal Services budget. Additions to the City Council budget include $5000 for the Triathlon, which the City Council approved, and $3900 for Front Porch Forum, which the Council agreed to pay for. Mr. Miller noted that the city is forming a technology group and may be able to get some of the Front Porch Forum services free. He asked the Council whether or not to continue to pay for this. Mr. Boucher said he is concerned there is so much use by schools and government groups that Front Porch Forum is losing the"neighbor to neighbor" feel. Mr. Murray said he is open to Mr. Miller's suggestion for more economic means to communicate with the public. Mr. Miller said he didn't think there would be an answer in the next 3 weeks, but he would add it to the list of alternatives when the Council is ready to address things. Mr. Murray cited the importance of communication with the public. Mr. Miller added that people expect to be fed information. He also noted that different generations are "technologically different," and the city wants to reach different segments of the population. b) General Government: Mr. Miller noted that this budget still includes an ICMA match for some personnel, but the budget is $25,000 less than the previous budget. Mr. Rusten pointed out that the Vision Plan has been broken out from medical insurance and that they have gone from a$500 to a $2500 deductible for property insurance. CITY COUNCIL 5 JANUARY 2011 PAGE 3 d) Legal Services: Mr. Miller explained that the costs for actuaries, and pension plan administrators had been paid out of pension assets. The city has been told that this is not advisable, although it is legal. Legal services have been moved from various departments, except for storm water. This will provide a better idea of what is being spent. Mr. Miller felt it should be possible to reduce these expenditures in a number of ways. Mr. Rusten added that there were other legal expenses that were never budgeted. Ms. Dooley asked about bidding for legal services. Mr. Miller said a municipality usually stays with someone they are comfortable with. He added that there would have to be a better plan than just getting RFPs for legal services. Mr. Murray said there should be good communication between management and the City Council regarding what is going to be litigated, especially very big issues. Mr. Boucher noted that the city's position used to be to defend every lawsuit; however, a few years ago the Council said not to do this. Mr. Miller said it seems that order was followed. He added that monthly reports to the Council will be provided so they can track what is being spent. e)Administrative Services: This category includes street lights, electricity for City Hall, and heating for City Hall. These items are now budgeted separately. Other costs in this category include City Hall maintenance, Stormwater user rent, Computer services (a composite from various parts of the budget), and Sewer user rent(which, it appears,hadn't been paid at all). The total proposed budget for Administrative Services is $674,500. f) General Ledger/Payroll: A reduction in salaries is the result of shifting '/2 a position to the City Manager's budget. The equipment line has been zeroed out. Travel/Training has been substantially reduced but allows for training for a new person. The total proposed budget for General Ledger/Payroll is $69,715. CITY COUNCIL 5 JANUARY 2012 PAGE 5 Mr. Miller noted they are actually reducing the budget after they take out the false numbers that were in the budget such as"surpluses"that didn't exist. Mr. Young stressed the need to make a concerted effort to live"within our means." As there was no further business to come before the Council, the meeting was adjourned at 8:30 p.m. Clerk Page 1 of 2 Kelly Murphy From: Sandy Miller Sent: Tuesday, January 18, 2011 4:14 PM To: Kelly Murphy r Subject: RE: RE: Proposed Municipal/Education'Rax Rates Kelly, bring this with you tonight. Thanks. Sad "Seur4'Wtd€en ICMA- Credentialed Manager City Manager City of South Burlington 575 Dorset Street South Burlington, VT 05403 Tel: 802-846-4107 Fax: 802-846-4101 E-mail: smillerrc-sburl.com Website: www.sburl.com From: Kelly Murphy Sent: Tuesday, January 18, 2011 3:56 PM To: Sandy Miller; Bob Rusten Subject: RE: Proposed Municipal/ Education Rates FY2011: Municipal- 0.3622 Homestead- 1.3828 Non-Residential- 1.4071 Total Residential- 1.7450 Total Non-Residential- 1.7693 Ave. Residential Property Value = $270,000 $270,000/ 100 = $2,700 Total Tax Bill $2,700*1.7450 = $4,711.15 Municipal Tax Bill $2,700*.3622= $977.94 FY2012: Municipal- 0.3814 Homestead- 1.3733 Non-Residential- 1.4133 Total Residential- 1.7547 Total Non-Residential- 1.7947 Ave. Residential Property Value = $270,000 $270,000/ 100 = $2,700 Total Tax Bill $2,700*1.7547 = $4737.69 Municipal Tax Bill $2,700*.3814 = $1,029.78 Kelly M. Murphy 1/18/2011 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission, 1-11-2011 Draft Amendments to Land Development Regulations Key to the amendments_ • Proposed additions are underlined • Proposed deletions are marked with a ttrikcthrough • Proposed additions made based on City Attorney feedback and s .orted iy the Planning Commission after warning of City Council Public Hearing are underlined and highlighted • Proposed deletions made based on City Attorney feedback + sup by the Planning Commission after warningCity of Council Public Heari marke a strikedr-eugh and highlighted • Notations for users are parked in italics • Text in SMALL CAPS are subject headings for e use andl e not part of th aft ordinance 1 - LIMITED AUTO & MOTOR SALES PAIR SHOP i 2.02 Specific Definitions Auto &motorcycle sales, limit _` business e aged in t sale of automobiles and/or motorcycles not requiring a co dial drivers license(CDL) to operate, with not more than five (5) vehicles for ; ° the premises at any one time. Garage, automotive repair.Any building,premises, and land in which or upon which a business, servicing, or industry involving the maintenance,servicing, repair, or painting of vehicles is conducted or rendered. Includes limited auto sales in conformance with these regulations. Auto&motorcycle sales.A business enterprise engaged in the sale of automobiles or motorcycles Auto & motorcycle service and repair sly. A business enterprise engaged in the servicing and repair of automobiles and/or:motorcycles motor vehicles, including auto.body repair or ta,41 detailing, incluc'ing tie s., and installation of automobile and/or motorcycle meter-yehiel&parts and accessories. Ins ° Auto &Motorcycle Sales, Limited in conformance with these regulations. 13.26 Limiteel Auto &Motorcycle Sales, Limited (A) General Requirements: An auto &motorcycle service and repair •business may be granted approval from the Development Review Board to display up to five (5) 1 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission, 1-11-2011 Small receptacles intendedfor use by households or the public(ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. 4 - HEIGHT OF STRUCTURES 2.02 Specific Definitions Height. The vertical distance of a building measured from . rage pre ction grade level at the base of the building to the highest point of t ttile roof is mansard, or to the average level between the eaves and the highestpoint of e roof if the ro• J; ny other type. Height calculation of a building shall include simneys, sp , towers, eleva r and mechanical penthouses, water tanks, radio antenn. ila Lions, exc.. chimneys for residential structurge as set forth in Section 3.07(G)of th gulations. 3.07 Height of Structures A. General Provisions. , • City Park isrict, dens; Structur all district shall comp :.. i the height standards presented below in this section. Maxim able buy n heights illustrated in Figure 3-1, Height of Structures. under the South Burlington Land Development Regulations fora proval), unless another grade has ion 3.12, Alteration of Existing e belo . a e bd; � , the D tJ el, t D e< ievv—n d; i Lute the pre construction grade, unless modified in accordance with Section 3.12, Alteration of Existing Grade below. CB. Residential Structures. For any single-family or duplex residential structure,there shall be no more than three stories exposed on any side. Fourth-story vertical extensions (i.e., dormers) may be allowed provided a)they do not exceed the height of the roof peak, and b) the total width of the extensions does not exceed fifty percent (50%)of the horizontal distance 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. 3 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 for pitched-roof structures and thirty-five (35) foot maximum for all other structures, all front and rear setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by one half(1/2) foot. (2 b) For structures proposed to exceed the maximum height for structures specified in Table C-2 §3.07(D) above as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning dis are met. A request for approval of a taller structure shall include the submitta"o"" lan(s)+ showing the elevations and architectural design of the structu e-construction grade, post-construction grade, and height of the struct Sef RB shall approve the structure if it finds that the building will not de p unduly,; public scenic views from adjacent properties or public str t and walkway THE FOLLOWING(c, below)IS MOVED OM S TION 3.07 G (E c) Rooftop Apparatus, Chimneys, Commute ' ns rs, Silos, e Rooftop apparatus, such as solar collectors, televise n: tennas, satellite dishes, chimneys, and air conditioning equip 'ent shall be inclu r the height measurement. Chimneys (as defined in t ' - lations) for r t.' structures shall be exempt from the height lim other roo tructures or apparatus regulated under this section t t are . a no 1 height limitations established in Table C-2 .-- ay be approved by the Developme view Board as':7,enditional, e subject to the provisions of Article 1' yConditional Uses. Su tructures do not need to comply with the proves •f subset ns a and E . - .. . - above. 4.4 (3) ", .PR, MU, ' 2, C1- ' 1-Auto, Cl-Air, Cl-LR, AR, SW, IO, C2, Mue 'Nand A ' 1 D'striCts. Height Wai St n-Other The Develop ' nt Review Board may approve a structure with a height in excess the limitations set forth in Table C-2 Section 3.07(D) above in those zoning �� +` •••� (E) above. For each foot of additional height above the n a. 37(40) foot maximum for pitched-roof structures and thirty-five (35) foot'`' mum for all other structures, all front and rear setbacks shall be incr. ed by one(1) foot and all side yard setbacks shall be increased by one half (1/2) foot. (2 b) For structures proposed to exceed the maximum height for structures specified in Table C-2 §3.07(D) above as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing 5 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 in height, structure. (b ii) A height of up to eighty-five (85) feet for a pitched or other roof structure, and up to one hundred fifteen(115) feet for a "green roof' structure, may be permitted by the Development Review Board for structures subject to the provisions of an approved master plan in which the DRB has approved public space(parks, courtyards, etc.) or other public amenities. 8.05-B-(4) Height in Central District 2 (a i) Except as provided in this Section above, no 4 elnt of any pitched roof structure shall exceed rise,more than forty p( e 45) feet in heigt, and no point of anyother structure e flat roe 'I structure) shall exceed'''. ( g� more than thirty-five (35) feet height, above the average post construction grade adjoining such atructurc.' (b ii) A height of up to fifty-five (55 et for itched roof structure,and up to forty-five(45) feet for any cture y be permitted by the Development Review Boar as s rovision of additional public space(parks, courtyards, etc. , " other public amenities. 8.05 C (4) Height in Central District 3 and 4: (a i) Except as provided in this Section above, no"i `nt of any pitched roof structure shall exceed rise more than(forty:five (45) feet in height, and no poin of any other structure(e.g., flat!" d structure) shall exceed rise " A t y-five (35)feet in height, above the average post construction rade adjoining such structure. (b ii) ht of fifty-five feet for a pitched roof structure, and up to fort ., ther structure, may be permitted by the Develop t Review and as a bonus for the provision of additional lie spa rks courtyards, etc.),or other public amenities. THE FALLOWING (F, b )IS MOVED FROM SECTION 3.10 (10) F. Accessory Stru es",in All Districts: 40-(1) Accessory etures shall not exceed fifteen(15) feet in height, except that: (a) For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, (b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty(30) feet from all 7 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission, 1-11-2011 8.05 Specific Sub-district Regulations 8.05 (A) (5) Height in Central District 1 ENTIRE SECTION MOVED TO 3.07(E)(4)(b) 8.05 (B) (4) Height in Central District 2 ENTIRE SECTION MOVED TO 3.07(E)(4)(c) 8.05 (B) (4) Height in Central District 2 ENTIRE SECTION MOVE (E)(4)( 4 5 - HEIGHT OF FENCING IN THE QUEEN CITYA RK, LA HORE NEIGHBORHOOD, AND Rl-LAKEVIEW DSTRI ITS k rr • 13.17 Fences B. Specific Requirements. All fenc 'ect to the fo own ovisions: (4) A fence over four(4) feet in eight s _' e ning permit from the Administrative Officer. (5) A fenc -;.er eight' _ , feet in heig „sh require approval by the Development Revi d as a ditional use suIf ect to the provisions of Article 14, Conditional r (6) '' een Ci k R1-Lakeview, and Lakeshore Neighborhood Districts, a fence ur 4\'‘fettintitei ht shall re uire a zonin ermit from the Adminis Offic wand shall be sub'ect to the followin su lemental requiremen • a no such fence shall exceed six(6) feet in height; and, the fence shall have a maximum opacity of 50% on all sides. 4.7 6 - GROUP HOMES 13.12 Group Homes A. General Requirements. Title 24 Vermont Statutes Annotated, Section 4412(G) provides that "A residential care home or group home to be operated under state licensing or registration, 9 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 7-ACCESSORY DWELLING UNITS 3.10 Accessory Structures and Uses E. Accessory Residential Units.One (1) accessory residential unit constructed within or attached to a primary single-family dwelling or within an existing, permitted accessory structure shall be a permitted single family use, . may be permitted by the Develop ent Review Board in accordance with Article 14, Site Plan Review and the following criteria: (1) Floor space of the accessory residential unit shall n ed thirty percent (30%) of the total habitable area of the single-family dw ing 1. One of either the princi ng or the sor unit shall be owner-occupied. 2. The accessory residential unit • be an effici, y or one- bedroom unit (4) Adequate wastewater cap is available to s ` the accessory unit, as demonstrated by issuance water Alloca on-site wastewater permit pursuant to the South u t.Ordinance gulating the Use of Public and Private Sanitary Sewerage and Storer `gems Sewage Ordinance. (5) Two (2) addtt ea. f-street par g spaces all be provided on the same lot, either in a` arage ' a drivewa nd s of in any areas required to meet coverage limitation r any t yard area oth'E han a driveway, required by these Regulations jt ' (6) ancy of the unit is to be restricted in the deed of the single-family home to no additional off-street parking is required. A zoning p a 't sha e required for each accessory residential unit. (6) ditional e Review by the Development Review Board pursuant to Article -etio a .10 shall be required if the establishment of the accessory res a„ 's, nit involves the construction of a new accessory structure, an increase in th night or floor area of the existing single-family dwelling or existing acce'''`sory structure, or an increase in the dimensions of the off-street parking areas (i.e. garages and driveway areas)presently existing on the site. 11 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 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 or sides of by, s. Any side of a building facing a public street shall be considers lfro e of a building for the purposes of this subsection. (b) The Development Review Board may ,e,parking be _. - a public street and one or more buildings if the Board ds that one or more o ; `` ing criteria are met. The Board shall ap-a only the inimum necessary to overcome the conditions below. (i) The parking area is necessary to ,.,minimum requirements of the Americans witkiDisabilities Act; (ii) The parking area a single or tip:" ily home; (iii) The lot has unique ; e conditions.such as utility easement or unstable soils that allow for p i ,-bu uilding, to be located adjacent to the `ub „street; (iv) 6 e lot ins one or more existing buildings that are to be re-used d parki needs canno e.,accommodated to the rear and sides of the 3 tng g or v) The p,a, ipal use lot is for public recreation. (c) Weemore th ne building , at are beth to the si�ef a building and between the ;\ irt-a `3 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 one half of the width of all building(sl located at the building line. Parking approved pursuant to 14.06(B€)(2)(b) shall be exempt from this subsection. 13 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 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 unit shall be permitted in the NRP subdistrict. ii. Where the DRB finds that the portion he lot in any non-NRP SEQ sub-district is sufficient to ac ; '+3/4n to the construction and use of two (2) single family dw m k ig uni i ots approvable in compliance with these Regul he sub's,'. o n of land and construction of up to one e . cuing uni s NRP subdistrict may be permitted by t.- DRB in comp ith these Regulations. iii. Where the DRB finds that e or~tion • the lot in any non-NRP SEQ sub-district is sufficient ": commodate the construction and use of one .,single family d ell tr., units on lots approvable in compliance :- e Regulation •division of land and construction e:u. • 2) new dw e mg unit in the NRP subdistrict ma e A' l y the bRB in compliance with these 'e. lations. W e 4484 ere the DRB i s that th portion of the lot in any non-NRP SE b-district is' u Qy - cient to accommodate the construction = of any singl ily dwelling units on lots approvable in mph e `e Regulations, the subdivision of land and truction ofu to three (3) new dwelling unit in the NRP strict may be permitted by the DRB in compliance with these Regu ns.and, (b) such s shall have a minimum size of 12,000 square feet per dwelling unit d (d):the location of structures, yards, and access drives have no portion within a designed designated 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, 15 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 13 -BOUNDARY ADJUSTMENT FOR THE SOUTHEAST QUADRANT NRP, NR, AND VR SUBDISTRICTS ALONG HINESBURG ROAD See attached map. 14 LE GENERALLY AMEND DEFINITIONS AND � SeASSOCIATED WITH PROPOSED AMENDMENTS. AN Add words "permitted" and "conditional" as a he "P" an' "C" in the Tab ses (Table C-1) Yr Add words "in dwelling units per acre" to "Minimum to si (max. residential density)" 15 - LICENSED, NON-RESIDENTIAL C , t ARE FACILITIES Add as "permitted"to th- • o c32'� oning dist ,ts: Industrial-Open Space District, Swift Street District, Allen Road t,` ' 'ct, Mix Mix:44 ndustrial an o mercial District 16 —FLOOD HA RE `TIONS / FLOODPLAIN OVERLAY DIRTIGT 2.02 Specific' itio ;. Arca of special flo ry ard. The land in the floodplain within a community subject to a one percent or greater chance 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 a 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 17 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission, 1-11-2011 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 adj; ant land areas that must be reserved in order to discharge the base flood without curnulativ ` .sing the water surface elevation more than one foot at any point. Please note th ecial € Hazard Areas and floodways may be shown on a separate map panels. Floodwav, Regulatory in the City of South Burlington. The channel of riv or other watercourse and the adjacent land areas that must • ' ewed in e er to dischargetne base flood without cumulatively increasing the water surface elevation me one foot a any point. Historic Structure. An structure that is._ a listed individu. n the National Re l ister of Historic Places a listing maintained b t rtment of the Ian o r .reliminaril determined b the Secret. of the Interior ` the re•urre ''= s for individual listin. on the National Re l ister• b certified or .relimf aril . '„e_ed b. e Secretar of the Interior as contributin. to the historical si l nificance of a e e. . district or a district .reliminaril determined b the Secret. �; ' as a re•b ed histo district• c individuall listed on a state invento of histori + . �' ®° : at- . . oric .reservation .ro a ams which have been a. .roved b the Secr- of the Interior or d i l all listed on a local invento of historic .laces in co, ` . . 'es wit!, s'stone .reser, .. ion .ro u ams that have been certified either: i b an a. .roved gto + . ii . . ned b the Secret. of the Interior or ii directl b the. eta oft -rior in sta without a. 'roved .ro a ams. Lowes i u . - - = floor .� .e owest. enclosed area includin. basement exce.t an unfi.1� ,or flood resin A ® enclos,. usable solel for .arkinl of vehicles buildin. access or stora e. ea other th basement area is not considered a buildin.'s lowest floor .rovided that such e �� re is not I It so as to render the structure in violation of the as s licable non- elevation desr yw: s of 44 CFR 60.3. Manufactured ho s r Mobile home . A structure transsortable in one or more sections which is built on As ermanent chassis and is desi i ned for use with or without a .ermanent foundation when attached 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. 19 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 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 cot liant with this bylaw. A structure or other development without the elevation certificate, o ter 'fications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be,' ,violation until such time as that documentation is provided. 3.01 Establishment of Districts and Descriptio ain Did 'cts B. Description of Certain Districts:.:� (1) Floodplain Overlay District. T bou f the i=odplain Overlay District shall include those areas that are identi s `ea ` 'Aial flood hazard(Zones A, AE, A1-30 and 0 2°/ in .• on the mo'" rrent flo g insurance studies and mass s ublished b e•: ; «ent of Ho 4and Securit Federal Emer.enc Mana.ement A.enc N, al FloosLs . I - ' as provided b the Secreta of the A.enc + =1 Res s s sursuant ' 0 V.S.A. Chatter 32 • 753 which are hereb ado @ to a 0`4 7" ,+= 1 fired to be 'art of these re lations. The location of the,boundar s` ®.- determm-s • the Administrative Officer AO . If the :I` ant ees e determination made b the AO a Letter of Ma Amendme fro 1 u A. constitute .roof.) (a) Floodplain Overlay (Zones A, AE, and Al-30) Subdistrict. The boundaries of the Floodplain Overlay'{Zones A, AE. and Al-30) Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zones A. AE, or A1-30. (a) Floodplain Overlay (Zone 0.2%) Subdistrict. The boundaries of the Floodplain Overlay (Zone 0.2%)`Subdistrict shall include those areas of special flood hazard designated in and on the above referenced studies and maps as Zone'0.2%. 21 1 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 F. Floodplain Flood-Plain Overlay (Zones A, AE, and A1-30) Subdistrict (1) Development Review in Hazard Areas (a) Permits. A permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain Definitions), in the Floodplain to-PlainOverlay(Zones A, AE, and A1-30) Subdistrict. (b) Submission requirements. In addition to all in . ation required for permitted and conditional uses, the applicant s re and submit a Project Review Sheet to Vermont Agency of Na al Resources. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal, ,and shall he filed as a required attachment to the municipal permit ap 'c n. The identified permits, or letters indicating that such permits no required,shall be submitted to the Administrative Officer and attach to the , rmit before work cad: egin. 39: (c) Referrals. (i) Upon receipt of complete applica •r a substantial improvement or new constructio Administrative • peer 11 forward a copy of the application and 'nformation the State National Flood Insurance Progra Coordm at th ermont Agency of Natural Resources, in accor ce..with 2 . 4424. A permit may be issued oral ing receip 'comme from the Agency, or the expiration 30 from the Ate the application was mailed to the Agency., hicheve sooner. (ii) If the ap ;$ g a permit for the alteration or relocation of a watercourse, copies the application shall also be submitted to the d'acent.commu ities the Stream Alteration En ineer at the Vermont enc of, rat Resources, and the Army Corps of Engineers. es of h notice shall be provided to the State National Flood In. ance rogram (NFIP) Coordinator at the Vermont Agency of N al Resources, Department of Environmental Conservation. A 't ma be issued only following receipt of comments from the rmont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. (d) Permitted Uses. The following uses are permitted in the Floodplain Flo©d Overlay (Zones A, AE, and Al-30) Subdistrict Wit. Structures associated with any of the permitted uses below shall be allowed only as Conditional Uses subject to the provisions of this Section 10.01(D)-belew. (1) Agriculture, forestry and horticultural uses (2) Kccping of livestock 23 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 Conservationd th 2 n V S n 4409. The-City-shall D t p rt to C „dit' t 1 s .,l aYYY tifid th fth e •1 i n 0 r th file thirty(30) days from the date the application was mailed to the Department, whichever is sooner. (f) Prohibited Uses. In addition to any uses not s " cally listed in this section, the following uses are specifically "habit the Floodplain Overla Zones A AE and A1-30 Sub '8 : t: (i) New residential or n, ft-residential structure chiding the placement of manufac, ed homed r. (ii) Storage or junk yar s; F, (iii) New fill except as necessary. -levate structures above the base flood elev • and (iv) Accessory s = the floodwa (2) Area, Density and Dimensional Regm men , In the Floodplain ° 'Overlay( es A, A', and A1-30) Subdistrict Elm E•^ District, all st res shal subject to t area, density and dimensional requirements of the Reside istric .s set forth in ion 4.01 and Table C-2, Dimensional Standards of these a ' Zit ddition ards. (a) Noe ro hment eluding fill, new construction, substantial improvement, or other, _,pvelop ent, that would result in any increase in flood levels within the regulatory floodway during the occurrence of the base flood discharge, hall be rrmitted unless hydrologic and hydraulic analyses are performed in 't cors.c"ce with standard engineering practice, by a licensed professional er, certifying that the proposed development will: a)Not result in any ,``ease in flood levels (0.00 feet) during the occurrence of the base flood; and b)Not increase any risk to surrounding properties, facilities, or structures from erosion or flooding. (b) Within the FloodP t = Overlay(Zones A, AE, and A1-30) Subdistrict District, excavation of earth products shall be prohibited in such cases where it is anticipated that such excavation will lower the level of the 25 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 (1) foot above base flood elevation;this must be documented, in as-built condition, with a FEMA Elevation Certificate; (ix) Non-residential structures to be substantially improved shall: (I) Meet the standards in subs Section H(3)(h)10.01(F)(3)(c)(vi i ); or, (II). Have the lowest floor, including basement, together with attendant utility and sanitary facili ' - designed so that two (2) feet above the base floodeva the structure is watertight with walls substantial 'mpermeable to the passage of water and withActurA omponents having the capability of resisting • :restatic ancrh drodynamic loads and effects of buo a " - :. :: - • .,. .•-P= .. tea. - .: . - . . A perms os od p e ' ' shall not be issued until a licensed - -: pry ssional engineer or architect has Ith., reviewed t structural design, specifications and plans, and has certi ttdistiat the design and proposed methods of ructio e in accordance with accepted standards of eeting the provisions of this subsection. An occupancy permit for the building structure shall not be su, d until an "as-built" plan has been submitted and a licensed professional engineer or architect has ertified that the building structure has been constructed in accordance with accepted standards of practice for meeting the provisions of this subsection. (x) For all new construction and substantial improvements, fully enclosed areas below grade on all sides (including below grade crawlspaces and basements) shall be prohibited. (xi) For all new construction and substantial improvements, fully enclosed areas that are above grade,below the lowest floor,below Base Flood Elevation and subject to flooding, shall be (i) solely used for parking of vehicles, storage, or access, and such a condition shall clearly be stated on any permits; and, (ii) designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Such designs 27 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 (xv) A small accessory structure of 500 square feet or less in gross floor area that represents a minimal investment need not be elevated to the base flood elevation in this area, provided the structure is placed on a building site so as to offer the minimum resistance to the flow of floodwaters and shall meet the criteria of subsection (xi) above. (4). Administration and Enforcement. (a) The Zoning Permit issued for any developmc rsuant to this Section 10.01(F) shall include: a record of the elevatio elation to mean sea level, of the lowest floor, including ba t, of all m construction or substantial improvements of structu (b) Upon issuance of a zoning pe , the A6, inistrative 0� • 1 fro•erl file and maintain •"0. of (i) Elevation Certificates with -built elevation (consistent with the datum the elevation o current Flood Insurance Rate Maps for t • unity) of the +or, including basement, of all new 'ally impro$ structures (not including accessory still' ures) ., ci ood Hazard Area; (ii) food proo ti and of r certifications required under this re 60P,Ijon. and i All • a i• s of the and includin. variances and violations and all ppo _ :ffi • gs of fact, conclusions and conditions. ificat rOccu ancy A =ficate Occu anc shall be re uired for all new structures or subs ial im rovements to structures in the Floodplain F - n Overlay(Zones A, AE, and A1-30) Subdistrict. ( rcement A copy of any notice of violation of this section shall be mailed by the Administrative Officer to the State NFIP Coordinator. (ii) If any appeals have been resolved, but the violation remains, the Administrative Officer shall submit a declaration to the Administrator of the National Flood Insurance Program requesting a denial of flood insurance to the property pursuant to Section 1316 of the National Flood Insurance Act of 1968, as amended. 29 South Burlington Land Development Regulations Draft Amendments Warned for City Council Public Hearing 1-18-2011 Additional adjustments based on City Attorney feedback,supported by Planning Commission,1-11-2011 In the Floc dplaint Overlay(0.2%Zone) Subdistrict, all structures shall be subject to the area, density and dimensional requirements of the underlying zoning district as set forth in Article IV and Table C-2, Dimensional Standards of these regulations. (7) Additional Standards. (a) Any Critical Facilities to be expanded or substantialr� improved in the Floodplain Flood Plain Overlay(0.2%Zone) Suds° N shall be located such that the lowest floor is at least one(1) f•9 44hove base flood elevation. (b) In the Floodplain Flood Plain Overl .4.. Zone) 'strict, where base flood elevations and/or floo y r s have not • 9rovi9 ed by the National Flood Insurance P : gram in. e Flood Insur dy and accompanying maps, it is tl ieant's , onsibility to d op the necessary data. (7). Administration and Enf cement. Administration and enforc of development "b. Floodplain Flood Plain Overlay(0.2%Zone) Subdi r e subject to equirements of Article XVII (Administration and En rcemezt se gulations. E ykv 17.03 Certificates o panty B. Certificate of Occu t )14\ . Certificates of occupancy shall not be required 711 for single-fa o-famil f _ -llings located outside of the ikodpiiiifFlo6ilPiriin Overlay (Zones •e , an Subdi* 31 7r Uza a Uaa a a. t O a a a U p., a a U U a a a[a al Uaa Uaa as a a UU U h-1 CS Qu N.F. g::.. Vp o,d N a bra ata as Uaa Uaa as a a UU �; v .5U a � ' \k,, 4 al U � a aa a ,- $ a a - `;-, p• U al U a a U U o 06 't --, O " a U U P, C...) a ct tct , 2 I o Q a �0''' a c U a a a U a [H� Q a a � U act a a Ua Q i iA.; ccf , a aa C.) U aa.,. .. iQ a 0QC U N s U U a r:i TA rxo a U U P.a P qZy U U - UU a U U a edU � Ct O_ ° c� �¢ to a a rk . Ua� a � � as UU C/� U a o -- U Q co o Ua a U U U '' p. � ' a c� U U CI) 1°1) aCID +, { ,.., 2 ::::-) 7:: ::..) 7,:c."+:_ctb..:' <.),u5:\t.' ''., *°-':-)'...41.:::*'''' Z E S.. td 2S h a) 'cd O +,cn a> a) ct N a) o6 o cc bA n 0 od ' .a a te, cn .ci c a UU Q U C c . O O C! U a rdZ �" W Z Ub •w � ,a9• � , o ° ° 0 0 0 ' o 4 A a� � o o 'er * � vQ Qd c� G4UU c. UUU �" UUU 4UC� n aQww � GL wC7 `�, x � Sandy Miller From: Rob Reiber[rreiber@cctv.org] Sent: Tuesday, January 18, 2011 12:58 PM To: Sandy Miller; ray; JLadd; Kelly Murphy Cc: Rob Reiber Subject: South Burlington February Meetings Hello All, February will find Channel 17 hosting candidates for city council, selectboard and schoolboard seats from 5 of the municipalities we serve. In addition, we will be inviting in each municipality in to present their budget. Due to this schedule, we need to cut back one meeting per municipality so there is time to air the forums and presentations prior to March 1st. Whether this means dropping one of the City Council meetings, or not recording the February DRB, is up to you. I am looking to put the February production schedule together by the end of the week and am interested in how you all would like to approach this. I appreciate your understanding and letting me know how to proceed. Thanks, Rob PS Sandy, will be looking to get you in for a presentation of the City budget between 2/3 and 2/16. If you have a preference for dates (shows starting at 5:25pm-5:55pm) let me know. Rob Reiber Channel 17 294 North Winooski Ave Burlington, Vt 05401 802.862-3966 x13 www.channell7.org You can support CCTV's Free Speech Fund here: http://www.cctv.org/donate. 1 • sollt PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning &Zoning SUBJECT: Consideration of Acceptance of Municipal Planning Grant agreement from Vermont Dept of Housing and Community Affairs DATE: January 18, 2011 City Council meeting Earlier this month staff was informed that the City had been successful in its recent application for a Municipal Planning Grant from the State. The City has been offered an award of the full amount applied for. Staff is now seeking authorization from the Council to accept the grant. Summary of the Grant: This Municipal Planning Grant will be used to revise the city's zoning regulations in City Center and along Williston Road, incorporating form-based standards. These amendments will serve to both better align the zoning requirements in the city center area with the public vision for the area, and to develop design-type standards for the Williston Road corridor,making that area eligible for inclusion in the city's New Town Center(and therefore for inclusion in the Tax Increment Finance District). Funding: The city was awarded $15,000 from the State. This must be matched by an additional $3,500 in cash from local sources. Staff estimates that this cash match will be needed in FY '12 as the State will provide up to 40% of their funds up front, allowing us to initiate the project in FY '11 with no expenditures of local funds. Recommended Action Staff recommends that the Council authorize the City Manager to sign the grant agreement on behalf of the City and to reserve $3,500 from line#111 of the draft FY '12 City Budget, "Contingency Fund/Grant match," for the match to this project. 1 41, way. south PLANNING & ZONING MEMORANDUM TO: South Burlington City Council & City Manager FROM: Paul Conner, Director of Planning &Zoning SUBJECT: Consideration of 2006 Comprehensive Plan Re-Adoption, with minor changes DATE: January 18, 2011 City Council meeting In the course of preparing the revised city Comprehensive Plan, ongoing, the Planning Commission in November reviewed its completion schedule and recommended a dual-track adoption. • Part I will be to complete the 2011 Comprehensive Plan as quickly as possible in the new year, while at the same time ensuring that appropriate consideration is given to the various issues and policies. • Part II is a proposed re-adoption of the existing 2006 Comprehensive Plan(with very minor amendments) as a short-term action while the full update is completed. The current Plan will expire on March 9th, 2011, if not action is taken. The Planning Commission held its formal public hearing on the readoption of the 2006 Comprehensive Plan with minor amendments on January 11th and voted unanimously to approve the Plan and submit it to the City Council for consideration. Proposed Amendments: Staff and the Planning Commission went through the 2006 Plan looking for any technical errors that might exist that should be corrected and found a handful, all related to maps and map references. The Commission approved of the following minor changes be included in this re-adoption: 1. Change the date of adoption on all pages 2. Page 26: Amend the text as shown: "Map -6 shows the future land use plan for the City of South Burlington." 3. Page 26: Amend the text as shown: "A discussion of the various land use categories a f s„ecial concern ( City Center and Southeast Quadrant)identified on Map 8 6 is provided below:" 1 10. Eliminate"Appendix E Southeast Quadrant Goals Based Plan". This map does not appear to be referenced anywhere in the text of the Comprehensive Plan and reflects the planning& zoning that was in place prior to the planning work completed between 2002 &2006. The text of the Plan does not relate to this map. Staff recommends simply eliminating this map or replacing it with the current zoning map for the area. 11. Change Title of"Land Use"map to "Map 1: Current Land Use" 12. Change title of"Public Utilities Map#2"to "Map 5: Public Utilities#2" 13. Change title of"Southeast Quadrant Natural Communities and Buffers"map to "Map 9: Southeast Quadrant Natural Communities and Buffers" 14. Change title of"Conserved Lands and Natural Communities"map to "Map 10: Conserved Lands and Natural Communities" Copies of the Plan under Consideration Copies of the 2006 Comprehensive Plan, with the revisions listed above incorporated, can be found on the city's website at www.sburl.com/planning. Please contact staff if you would like to receive a printed copy. Copies were not automatically included in your packet in order to save paper and printing costs on these minor revisions. Implications of Non-Re-Adoption Under Vermont law,municipalities are not required to have an adopted Comprehensive Plan. Not having a Plan in place,however,makes the city ineligible for a number of programs and actions. Without a Plan in place, the city: • May not amend its Land Development Regulations(Zoning& Subdivision); • May not adopt or amend a Capital Budget and Program; • May not apply for State grants, including Municipal Planning Grants; • May not have the Plan considered in an Act 250 review of applications; and, • May not have the Plan considered by the State when considering new state buildings. Following adoption,there is one final step that the Council may take: to request approval of the Plan from the Regional Planning Commission. The city will remain ineligible for some state grants, and for consideration of location for new State building until the Plan is approved. Because this is a re-adoption, we may not at this time be eligible for regional approval,but staff will contact the Regional Planning Commission for details. Proposed Public Hearing&Adoption Schedule: State Statutes require that the City Council hold at least two (2) warned public hearings prior to the adoption of a Comprehensive Plan. The first of these must, further,be held no less than thirty(30) days following the Planning Commission's public hearing. In consideration of these timelines, staff recommends the following public hearing and adoption schedule: 3 Sandy, At the 12/20 CC mtg.staff presented the Council with draft ballot language prepared by Steve Stitzel for two Stormwater Special Assessment Districts, 1) Butler Farms& Oak Creek Village and 2)Stonehedge, proposed to be on the 3/1 ballot. The draft language contains blanks for total project cost as well as the terms of repayment from the Districts to the City. Based on our estimates we propose to a..J.—,Butler Farms/Oak Creek$255,000 and Stonehedge$245,000. We ran 10, 15 and 20 year loan payment calculators for each District resulting in monthly loan charges ranging between $6.63 and$12.86 depending on the term and District. Given the relative low monthly cost of the 10 year loan plan ($12.86 for Stonehedge and$10.65 for BF/OC)we would recommend using 10-years with quarterly payments in the ballot language. Plea let me know if you need additional information in preparation of the annual meeting ballot or want to discuss the above in more detail. JUSTIN kABIDOUX DIRECTOR OF PUBLIC WORKS/CITY ENGINEER