HomeMy WebLinkAboutAgenda - City Council - 11/08/2021 - SMAGENDA
SOUTH BURLINGTON CITY COUNCIL South Burlington City Hall 180 Market Street SOUTH BURLINGTON, VERMONT
Participation Options In Person: 180 Market Street - Auditorium - Main Floor Assistive Listening Service Devices: Available upon request. Reach out to staff before meeting begins Electronically: https://www.gotomeet.me/SouthBurlingtonVT/citycouncil2021-11-08 Dial in: (571) 317-3112 Access Code: 205-685-517
Special Meeting 6:30 P.M. Monday, November 8, 2021
1.Pledge of Allegiance (6:30 PM)
2.Instructions on exiting building in case of emergency and review of technology options –Jessie Baker, City Manager (6:31 – 6:32 PM)
3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33 – 6:34 PM)
4.Comments and questions from the public not related to the agenda (6:35 – 6:45 PM)
5.Announcements and City Manager’s Report (6:45 – 7:00 PM)
6.*** Public Hearing at 7:00 PM: On Interim Zoning application #IZ-21-04 of 835 HinesburgRoad, LLC (Applicant) for development of a primarily undeveloped 113.8-acre parcel at that
location. The development consists of 24 commercial and industrial use buildings withassociated parking and loading areas on five lots and new public streets, including one 57.5-acre lot containing ten buildings, an 8.5-acre lot with four buildings, a 12.4-acre lot
containing four buildings, a 17.6-acre lot with five buildings and a 9.9-acre parcel containingone building (7:00 -7:45 PM)
7.*** Receive Draft Amendments submitted by the Planning Commission on the LandDevelopment Regulations and Accompanying Report and set Public Hearing for January 3,2022 at 7:30 pm. – Paul Conner, Director of Planning & Zoning (7:45 -8:15 PM)
8.Reports from Councilors on Committee assignments (8:15 – 8:25 PM)
9.Other Business (8:25 – 8:35 PM)
10.Consider entering executive session for the purposes of discussing pending litigation towhich the City is a party and receive confidential attorney/client communications regardingthe same. (8:30 – 8:50 PM)
11. Adjourn (8:55 PM)
Respectfully Submitted:
Jessie Baker City Manager
*** Attachments Included
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sbvt.gov
MEMORANDUM
TO: South Burlington City Council
Jessie Baker, City Manager
FROM: Paul Conner, AICP, Director of Planning & Zoning
SUBJECT: Interim Zoning Application #IZ-21-04 (835 Hinesburg Road)
DATE: November 8, 2021 City Council meeting
The applicant, 835 Hinesburg Rd LLC, is proposing development on a 113.8 acre parcel located on the
east side of Hinesburg Road, immediately south of I-89. The development consists of 24 commercial
and industrial use buildings, associated parking, loading, and infrastructure, and a series of public roads
including a roadway connection between Swift Street Extension and Hinesburg Road.
The buildings are proposed to total approximately 767,000 s.f. in size and range in height from 1-2
stories. The applicant is proposing 1,970 parking space, and associated loading and circulation areas.
The application is subject to Interim Zoning because it involves subdivision of land, a new Planned Unit
Development (PUD), and new principal building submitted after October 25, 2018 in an area not
exempted from the Interim Zoning bylaw.
The application was submitted on October 14, 2021.
On September 30, 2021, the Planning Commission warned a public hearing on a series of amendments
to the Land Development Regulations. The Commission held its public hearing October 26th, and on
November 2nd approved a set of draft amendments for submittal to the City Council.
Below is a brief assessment of the application’s relationship to the City’s adopted Official Map, to the
draft Land Development Regulations being prepared as outlined in to the Interim Bylaw, and to the
review criteria established under 24 VSA 4464.
City Official Map
The City’s Official Map includes two planned facilities on this parcel:
•A planned recreation path and associated 20’ wide right-of-way connecting Swift Street
Extension to Hinesburg Road. This planned infrastructure was adopted in September 2021 by
the City Council as a change from a previously-planned roadway.
The applicant has proposed a roadway and recreation path connection within a 66’ right-of-way.
•An access ramp to a planned I-89 Interchange.
This planned access ramp is shown on the plan.
2
Draft Land Development Regulations
Note: The following is not a complete assessment of the proposed application in accordance with the
draft Land Development Regulations approved; it identifies key highlights:
•Natural Resources.
o Habitat Blocks. The draft Regulations establish a series of Habitat Blocks, wherein development
is generally prohibited. The proposed Habitat Block Overlay District includes a portion of the
subject parcel. The applicant has not shown indicated these Habitat Blocks on their submission,
however it is apparent that the proposed development includes several buildings and associated
infrastructure within the draft Habitat Block Overlay District.
o Wetlands. The applicant has identified a series of Class II wetlands on the site. The applicant did
not indicate whether these were field-delineated or drawn from mapping data. The applicant
has indicated a 50’ buffer from these wetlands. The draft regulations require a minimum of a
100’ buffer. There appears to be parking, loading, infrastructure, and possibly buildings within
this 100’ buffer. The applicant has not indicated whether any Class III wetlands are present on
the site. Both the current and draft regulations regulate Class III wetlands and their buffers.
o Floodplains. The applicant has indicated an area 100-year floodplain the property. The applicant
has not shown 500-year floodplain areas, however, which are indicated in state mapping and
are regulated under the draft Regulations. It is not clear whether these 500-year floodplain
areas would be impacted by the proposed plan.
•Allows Uses, Zoning, Planned Unit Development Type, and Building Types.
o The draft regulations re-zone the entirety of the parcel from its current designation, “Industrial
& Open Space,” to “Residential 7-Neighborhood Commercial.” Industrial uses are not permitted
in the R7-NC District. The applicant is proposing “commercial and industrial buildings.”
o The draft regulations require development on parcels exceeding 4 acres in size within the R7-NC
district to be a Traditional Neighborhood Planned Unit Development. The Traditional
Neighborhood PUD requires a mix of land allocations, with a minimum of 65% of buildable area
to be assigned to residential uses, 15% to be civic space, and 10% to be mixed use or
commercial. Building types associated with this PUD type include single family homes, duplexes,
town homes, small multi-family buildings, and in certain instances, mid-sized multi-family
buildings. The applicant is proposing “commercial and industrial buildings” ranging in size from
17,500 s.f. footprint to 66,000 s.f. footprint.
Statutory Review Criteria
The applicant has provided brief responses to the four statutory evaluation criteria.
•Specific to the capacity of existing or planned community facilities, services, or land, the applicant
has not provided an estimate of vehicle trips, water usage, wastewater usage, a description of the
intended uses beyond “commercial and industrial”, nor a phasing plan in order to provide an
evaluation of the capacity of existing or planned community facilities. The application erroneously
references a planned street connection to Swift Street Extension; as noted above, the planned street
was replaced by a planned recreation path in September 2021, following public hearings by the
Planning Commission and City Council.
Recommended Action
Staff recommends the Council open, hold, and close the public hearing, and render a decision on the
application thereafter.
VT Route 116To HinesburgN E W P U B L I C S T R E E TPOTENTIAL FUTURE EXIT12BRAMPPOTENTIAL FUTURE WIDENING FOR EXIT 12B
TILLEY DRIVE (EXISTING)POTENTIAL FUTUREEXIT12BRAMPPOTENTIALFUTURE EXIT 12B RAMPINTERSTATE 89INTERSTATE 89N E W P U B L I C S T R E E TN E W P U B L I C S T R E E TN E W P U B L I C S T R E E T325'832'114'227'67'214'145'
252'124'166'
197'
149'200'441'428'1145'721'768'325'832'114'214'145'
252'290'197'
149'200'441'428'1145'721'768'52'R=179'L=1834'CLASS 2WETLANDCLASS 2WETLANDCLASS 2WETLAND123456789101112131415161718192021222324F U T U R E C I T Y S T R E E TSTORMWATERMANAGEMENTSTORMWATERMANAGEMENT
STORMWATERMANAGEMENTSTORMWATERMANAGEMENT
STORMWATERMANAGEMENTSTORMWATER MANAGEMENT
LOADINGAREA
LOADINGAREALOADING AREALOADING AREALOADING AREALOADING AREA LIMIT OF SPECIAL FLOODHAZARD AREA LIMITSMALL STREAMSURFACE WATER BUFFERTRIBUTARY TO POTASH BROOKSURFACE WATER BUFFERLot 157.5 Ac.Lot 28.5 Ac.Lot 312.4 Ac.Lot 417.6 Ac.Lot 59.7 Ac.835 Hinesburg Road, LLCPLANNED UNITDEVELOPMENTHinesburg Road South Burlington, VTDateSheet numberScaleCheckedDrawnDesignSurveyProject No.Lamoureux & DickinsonConsulting Engineers, Inc.14 Morse Drive, Essex, VT 05452802-878-4450 www.LDengineering.comDateRevisionByThese plans shall only be used for the purpose shown below:Sketch/ConceptPreliminaryFinal Local ReviewAct 250 ReviewConstructionRecord Drawing07-16-21ARL&DAR-11010SKETCH PLAN11" = 150'PROJECTPARCELLocation PlanCity of SouthBurlingtonZONING DISTRICT:INDUSTRIAL AND OPEN SPACE (I-0)TOTAL AREA OF PROJECT: 113.8 ACRESBUILDING SETBACK REQUIREMENTS:FRONT YARD50 FT.SIDE YARD35 FT.REAR YARD50 FT.PARKING SETBACK15 FTSURFACE WATER BUFFER: 50 FT FROM STREAM CENTERLINEALLOWABLE COVERAGE: FRONT YARD COVERAGE: 30% MAXIMUMPROPOSED: < 30% (TO BE CALCULATED WITHSITE DEVELOPMENT PLANS) BUILDING COVERAGE: 30% MAXIMUMPROPOSED:14% LOT COVERAGE: 50% MAXIMUMPROPOSED:38%MINIMUM LOT SIZE:3 ACRESMAXIMUM BUILDING HEIGHT: ACCESORY: 15 FT PRINCIPAL (FLAT): 35 FT PRINCIPAL (PITCHED): 40 FTUTILITIES: MUNICIPAL WATER MUNICIPAL SEWERPEDESTRIAN FACILITIES:PUBLIC STREET - SWIFT ST TO MEADOWLAND DRIVE10 FEET WIDE PAVED PATHOTHER PUBLIC STREETS WITHIN PROJECT PARCEL5 FEET WIDE SIDEWALKCONNECTIONS BETWEEN BUILDINGS AND STREETSTO BE DETERMINED BASED ON USE WITH FINAL SITE DESIGNMeadowland DriveSITE DEVELOPMENT DATABUILDING #FOOTPRINT AREASTORIESPARKINGLOADING125,000 SF2 STORY156 SPACESNO225,000 SF2 STORY156 SPACESNO325,000 SF2 STORY158 SPACESNO418,000 SF1 STORY 36 SPACESYES518,000 SF2 STORY114 SPACESNO635,250 SF1 STORY 52 SPACESYES720,000 SF1 STORY 50 SPACESNO820,000 SF1 STORY 50 SPACESNO920,000 SF1 STORY 51 SPACESNO1020,000 SF1 STORY 49 SPACESNO1125,000 SF1 STORY106 SPACESNO1230,000 SF1 STORY120 SPACESNO1330,000 SF1 STORY120 SPACESNO1417,500 SF1 STORY 88 SPACESNO1560,000 SF1 STORY 58 SPACESYES1620,000 SF1 STORY 44 SPACESNO1720,000 SF1 STORY 44 SPACESNO1840,000 SF1 STORY 67 SPACESYES1937,500 SF1 STORY 70 SPACESYES2030,000 SF1 STORY112 SPACESNO2166,000 SF1 STORY 98 SPACESYES2225,000 SF1 STORY 63 SPACESNO2325,000 SF1 STORY 54 SPACESNO2425,000 SF1 STORY 54 SPACESNOLANDOWNER / APPLICANT835 HINESBURG ROAD, LLC2 CHURCH STREETBURLINGTON, VERMONT 05401City of South BurlingtonVeterans Memorial ParkAllen Road Land Co., Inc0860-00725N/FKinsington Court Homeowners'Association, Inc.0985-0000BN/FCardinal Woods CondominiumAssociation 3, Inc.0810-00XXXN/FState of VermontN/FUniversity of VermontMedical Center, Inc.1718-00062N/FSwift StVillage at Dorset ParkFoxcroft Homeowners'Association, Inc.0985-0000AN/F
VT Route 116To HinesburgPOTENTIAL FUTURE EXIT12BRAMPPOTENTIAL FUTURE WIDENING FOR EXIT 12B
TILLEY DRIVE (EXISTING)POTENTIAL FUTUREEXIT12BRAMPINTERSTATE 89INTERSTATE 89325'832'114'227'67'214'145'
252'124'166'290'197'
149'200'441'428'1145'721'768'325'832'114'227'214'145'
252'124'166'290'197'
149'200'441'428'1145'721'768'52'R=179'L=1834'CLASS 2WETLANDCLASS 2WETLANDCLASS 2WETLANDF U T U R E C I T Y S T R E E TLIMIT OF SPECIAL FLOODHAZARD AREA LIMITSMALL STREAMSURFACE WATER BUFFERTRIBUTARY TO POTASH BROOKSURFACE WATER BUFFER835 Hinesburg Road, LLCPLANNED UNITDEVELOPMENTHinesburg Road South Burlington, VTDateSheet numberScaleCheckedDrawnDesignSurveyProject No.Lamoureux & DickinsonConsulting Engineers, Inc.14 Morse Drive, Essex, VT 05452802-878-4450 www.LDengineering.comDateRevisionByThese plans shall only be used for the purpose shown below:Sketch/ConceptPreliminaryFinal Local ReviewAct 250 ReviewConstructionRecord Drawing07-16-21ARL&DAR-11010EXISTINGCONDITIONS PLAN21" = 150'PROJECTPARCELLocation PlanCity of SouthBurlingtonMeadowland DriveLANDOWNER / APPLICANT835 HINESBURG ROAD, LLC2 CHURCH STREETBURLINGTON, VERMONT 05401City of South BurlingtonVeterans Memorial ParkAllen Road Land Co., Inc0860-00725N/FKinsington Court Homeowners'Association, Inc.0985-0000BN/FCardinal Woods CondominiumAssociation 3, Inc.0810-00XXXN/FState of VermontN/FUniversity of VermontMedical Center, Inc.1718-00062N/FSwift StVillage at Dorset ParkFoxcroft Homeowners'Association, Inc.0985-0000AN/F
§¨¦89
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R1-PRDR1-PRD
R1-L
R1
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V
South Burlington, Vermont
¹
0 2,000 4,0001,000 Feet
Data Disclaimer:
Maps and GPS data (“material”) made available by the City
of South Burlington are for reference purposes only. The
City does not guarantee accuracy. Users release the City
from all liability related to the material and its use. The City
shall not be liable for any direct, indirect, incidental,
consequential, or other damages. Contact GIS@sburl.com
with questions
Note:
Parcel line data is provided for informational purposes only.
The City reserves the right to update the Official Zoning Map
with new parcel data as it becomes available.
Transect Zone 1 Disclaimer:
The T1 Transect Zone depicts stream buffer, wetland, and
wetland buffer areas on the Official Zoning Map. Stream buffer,
wetland, and wetland buffer areas are shown for illustrative
purposes only. Depicted stream buffer, wetland, and wetland
buffer boundaries are approximate. The diagram should not be
construed as showing all stream buffers, wetland, and wetland
buffer areas, nor the precise locations of such stream buffers,
wetland, or wetland buffer areas. Stream buffer, wetland, and
wetland buffer delineation for permitting purposes must be
determined in accordance with Article 10 and 12 of the South
Burlington Land Development Regulations, as applicable.
Effective April 11, 2016
Zoning Map
P:\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_Effective_2016_04_11.mxd
Zoning Districts
Residential Districts
Residential 1
Residential 1 -
Residential 2
Residential 4
Residential 7
Res 7-Neighborhood
Commercial
Residential 12
Lakeshore Neighborhood
Queen City Park
Form Based Code
Districts
Transect Zone 1
Transect Zone 3
Transect Zone 3 Plus
Transect Zone 4
Transect Zone 5
Municipal & Institutional
Municipal
Park & Recreation
Interstate Highway Overlay
Institutional & Agricultural-North
Institutional & Agricultural-South
Southeast Quadrant Subdistricts
Natural Resource Protection
Neighborhood Residential North
Neighborhood Residential
Neighborhood Residential Transition
Village Commercial
Village Residential
Commercial Districts
Commercial 1 - Residential 12
Commercial 1 - Limited Retail
Commercial 1 - Residential 15
Commercial 1 - Airport
j j j
j j j
j j j
Commercial 1 - Automobile
Commercial 2
Swift Street
Allen Road
Industrial and Airport Districts
Mixed Industrial & Commerical
o o o
o o oAirport
Airport Industrial
( ( ( ( (
( ( ( ( (
( ( ( ( (Industrial & Open Space
Districts
Districts
Districts
Page 351
BurlingtonInternational Airport
NOT A VPZ
HINESBURGRD. - NORTH
DORSETPARK
SPEAR ST. -OVERLOOK PARK
DORSETPARKSPEAR ST. -OVERLOOK PARK
SPEAR ST. -OVERLOOK PARK DORSET PARK
SPEAR ST.- RIDGE DORSETPARKDORSETPARK
HINESBURGRD. - SOUTH
Overlay Districts- Map 1 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.
Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_1_20180810.mxd
South Burlington, Vermont
Urban Design Overlay
Primary Node
Secondary Node
Form Based Code Gateway Area
Gateway Area
Flood Plain Overlay District
Zone A - 100-year Flood Plain
Scenic View Protection Overlay District
Dorset Park
Hinesburg Road - North
Hinesburg Road - South
Spear Street - Overlook Park
Spear Street - Ridge
Map Features
Roads
Tax Parcel Boundaries
Urban Design Overlay District
Page 354
BurlingtonInternational Airport
Overlay Districts- Map 2 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.
Map updated by South Burlington GIS. All data is in Vermont State Plane Coordinate System, NAD 1983.
0 2,000 4,0001,000 Feet
Effective August 6, 2018
\\pwserver\GISdata\Planning&Zoning\mapRequests\LDR\OverlayDistricts_Map_2_20180807_1006..mxd
South Burlington, Vermont
Map Features
Roads
Tax Parcel Boundaries
Traffic Overlay District
Major Intersections - Zone 1
High Volume Roadway Segments - Zones 2A, 2B, 2C
Balance of Restricted Roads - Zone 3
Transit Overlay District
Transit Route
Transit Overlay District
Airport Approach Corridors
Airport Approach Corridors
Page 355
835 Hinesburg Road, LLC 2 Church Street Burlington, VT 05401
Jeff Davis jl-davis@comcast.net (802) 658-7753 Jeff Nick jeff@jeffnick.com (802) 876-6923
835 Hinesburg Road, LLC 2 Church Street Burlington, VT 05401
Andrew Rowe - Lamoureux & Dickinson 14 Morse Drive Essex, VT 05452
(802) 878-4450
Andy@LDengineering.com
835 Hinesburg Road
0860-00835 113.8
Industrial and Open Space (I-O)
Surface Water Protection Standards
2 Interim Bylaw Council Application Form. Rev. 12-2018
A 5 lot subdivision with new public streets and municipal infrastructure for the construction
of 24 commercial and industrial use buildings with associated parking, loading areas, and
site utility work.
The project parcel is currently vacant
see attached narrative
Attachment to APPLICATION FOR REVIEW OF LAND DEVELOPMENTPROHIBITED UNDER THE INTERIM BYLAWS
October 2021
9) INTERIM ZONING REVIEW CONSIDERATIONS
Please describe in detail the following in regards to the proposed project, which is
prohibited under the Interim Bylaws:
a) How the proposed project is consistent with the health, safety, and welfare of the City
of South Burlington in consideration of the stated purposes of the Interim BylawsThe proposed project is consistent with the purpose and dimensional standardsof the Land Development Regulations. As commercial and industrial
development, the project has not contributed to the construction of homes thathas lead the City to “examine carefully the intensity and nature of developmentand its potential impacts on the balance” that the City seeks to maintain.
The City has “sought to encourage commercial development and construction
of affordable housing”. However, the pace of residential development has
outstripped the planning tools and processes intended to ensure sustainabilityand encourage affordability. As stated in the Interim Bylaws, commercial andindustrial development has been encouraged by the City and has not lead to theongoing strain on City resources.
b) How the proposed project is consistent with studies being conducted, draft bylaws or
bylaw amendments, and/or any draft comprehensive plan or comprehensive plan
amendments under consideration.
New ordinance provisions are still being developed by the City and have not
been sufficiently finalized to provide a response.
c) The project’s relationship to or effect upon each of the following:
(i) The capacity of existing or planned community facilities, services, or lands;As stated in the Interim Bylaws, commercial and industrial development has beenencouraged by the City and has not lead to the ongoing strain on City resources.The project will construct the new streets and municipal water, wastewater, and
stormwater systems to serve the proposed development. The project will
construct the new City street as shown on the City of South Burlington Official
Map connecting Swift Street to Hinesburg Road.
(ii) The existing patterns and uses of development in the area;The proposed development is consistent with the pattern of existing commercial
and industrial buildings located south of Interstate 89 and east of HinesburgRoad. The continuation of this commercial and industrial development to thewest of Hinesburg Road is a logical extension of the current patterns that isconsistent with the current Land Development Regulations and the future
construction of I-89 Exit 12B.
(iii) Environmental limitations of the site or area and significant natural resource areas
and sites; and,
The proposed site layout avoids disturbance within class 2 wetlands, class 2
wetland buffers, and stream buffers. The majority of the property is open. No
known irreplaceable natural areas, critical wildlife habitat, or endangered speciesarea located on the project parcel. While a portion of a wooded habitat block islocated on the westerly portion of the project parcel, the habitat block is limited insize (95 acres) and isolated by the Interstate and mixed-use development to the
north, and residential development and a golf course to the south.
(iv) Municipal plans and other municipal bylaws, ordinances, or regulations in effect.The proposed commercial and industrial development is consistent with the
current Land Development Regulations, Official Map, and Comprehensive Plan.
No development is proposed in the special flood hazard area mapped at the
northwest corner of the project parcel.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.s bvt.gov
MEMORANDUM
TO: South Burlington City Council
Jessie Baker, City Manager
FROM: Paul Conner, Director of Planning & Zoning, on behalf of the Planning Commission
SUBJECT: Proposed Amendments to the Land Development Regulations
DATE: November 8, 2021 City Council Meeting
The Planning Commission is pleased to deliver to the City Council a series of proposed amendments to the
Land Development Regulations (LDRs). “Clean” and a “redline marked-up” versions of the Draft LDRs are
posted to the project webpage.
The amendments, and accompanying Report, were approved 7-0 by the Planning Commission on November
2nd, following a public hearing that was held on October 26th, a review of community feedback, and certain
modifications.
Contents of Amendments:
The proposed amendments fall into four broad categories:
•Environmental Protection Standards
•Master Plans, Subdivisions, Planned Unit Developments
•Zoning District Changes
•Stand-Alone Amendments
Within each category, staff has prepared a series of brief 1-2 page “spotlights” on individual topics and
subjects included in the draft amendments. These spotlights, alongside other resources including the draft
LDRs, interactive map view of the natural resources included in the Environmental Protection Standards,
public comments received during the Planning Commission’s Public hearing process, and more, are posted on
the project webpage.
For the purposes of warning and holding a public hearing, there is also a formal listing of each amendment,
below. The amendments, categorized in this way, are summarized and assessed with respect to the City’s
Comprehensive Plan in the formal Planning Commission Report on the Proposed Amendments, prepared in
accordance with State law.
Recommended Action:
Staff recommends the Council acknowledge receipt of the amendments and warn a public hearing for
January 3, 2022, at 7:30 pm on the amendments listed below. Please see the enclosed process memo for
additional discussion of a proposed approach for the Council to undertake its review.
2
Proposed Land Development Regulation Amendments:
A.LDR-20-01: Replace Surface Water Protection Standards
with Environmental Protection Standards, including
existing 100-year floodplain, river corridor & stream
buffer, wetland & wetland buffer, and stormwater
management standards; establish standards regarding
500-year (0.2%) floodplain, habitat block, habitat
connector, steep slope, and very steep slope standards;
establish criteria to evaluate undue adverse effect; and
related amendments referencing the above-listed
resources. (Sections 2.02, 2.03, 3.01, 3.02, 9.06, 10.01,
10.06, Article 12)
B.LDR-21-02: Generally amend or replace existing
Subdivision, Master Plan, Planned Unit Development
(PUD), Site Plan, Conservation PUD, Traditional
Neighborhood Development PUD, Civic Space Types,
Street Types, Building Type, and related zoning district,
procedural, and site plan standards (Sections 2.02, 3.01,
3.06, 5.08, 6.05, 8.04, 17.08, Articles 9, 11, 11.A, 11.B.
11.C, 14, 15, 15.A, 15.C, 15.C, 11, Appendices C and E)
C.LDR-20-08: Modify required setbacks applicable to
arterial and collector roads (Section 3.06)
D.LDR-21-04: Modify Southeast Quadrant sub-district
boundaries including and between Natural Resource
Protection, Neighborhood Residential, and Village
Residential (Official Zoning Map)
E.LDR-21-05: Change zoning of land to the west of
Hinesburg Road, immediately south of I-89, from
Industrial-Open Space to Residential 7-Neighborhood
Commercial (Official Zoning Map)
F.LDR-21-06: Modify Commercial 1- Residential 15 and
Residential 4 boundaries in vicinity of Lindenwood Dr to
more closely follow property lines (Official Zoning Map)
G.LDR-21-07: Update city-wide stormwater standards,
including for consistency with state regulations (Section
13.05, formerly 12.03)
H.LDR-20-10: Establish maximum building envelopes for
allowed development in the SEQ-NRP subdistrict, modify
allowed building types (Section 9.12)
I.LDR-20-17: Extend Southeast Quadrant zoning district
residential building design standards city-wide, update
standards (Section 13.17, formerly Sections 9.08, 9.09,
9.10)
J.LDR-21-01 Require Solar-Ready Roofs for new buildings
subject to Commercial Building Energy Standards
(Section 3.18, formerly 3.15)
K.LDR-19-07 Modify landscape requirements to allow for
Solar Canopies in Parking Areas; (Section 13.04)
L.LDR-20-22: Update to comply with Act 179 pertaining to
accessory dwelling units, existing small lots, and
conditional use criteria for multi-family housing (Sections
3.05, 3.10, 3.11, 14.11)
M.LDR-20-25: Increase maximum allowed area of accessory
structures and update for consistency with Act 179
(Section 3.10)
N.LDR-20-28: Expand inclusionary zoning, offset, and bonus
provisions city-wide, replacing existing bonus standards
where existing (Sections 18.01, 18.02)
O.LDR-21-03: Allow for “limited neighborhood commercial
use” within a larger residential building for
neighborhoods with Master Plan (Section 14.11)
P.LDR-21-07: Exempt the conversion of a dwelling to a
licensed child care facility from housing preservation
requirements (Section 18.03)
Q.LDR-20-21 Minor and technical amendments to include:
o Modify retaining wall standards (Section 13.16,
formerly 13.25);
o Eliminate DRB review of Bus Shelters within city
ROW (Section 13.09);
o Amend RV Parking standards (Section 3.09);
o Amend Traffic visibility standards for consistency
(Section 3.06);
o Update Airport Approach Cones & FAA review
(Sections 3.07, 6.02, 6.03, 13.06 [formerly 13.03]);
o Amend review standards of Earth Products (Section
14.11 [formerly 13.17]);
o Amend review standards for Utility Cabinets and
Similar (Section 13.12 [formerly 13.19]);
o Re-organize standards for drive-throughs (Appendix
C and Section 14.11 [formerly 5.01, 5.02, 13.11]);
o Update & clarify height of Accessory Structures
(Section 13.10);
o Update additional Height Standards for consistency
(Section 3.07);
o Modify standards for structures requiring setbacks
(Section 3.06);
o Modify setbacks for pre-existing lots (Section 3.06);
o Update setbacks and Buffer Strips for Non-
Residential Uses Adjacent to Residential Districts for
consistency (Section 3.06);
o General re-organization, definitions updates, and
corrections (throughout)
180 Market Street, South Burlington, Vermont 05403 | 802-846-4107 | www.southburlingtonvt.gov
To: South Burlington City Council
From: Jessie Baker, City Manager
Paul Conner, Planning and Zoning Director
Date: November 5, 2021
Re: Council Process to Consider Amended Land Development Regulations
On November 2, 2021, the Planning Commission unanimously voted to approve for submittal to the Council
amendments to the current Land Development Regulations and the associated Planning Commission Report.
Information on these amendments can be found here.
Proposed Shared Values as Council Considers Recommendations: As you consider these recommendations
(which might lead to contentious conversations) let’s consider our shared values. We have observed that
South Burlington residents and leaders:
• Share a deep commitment to our community’s future
• Are willing to engage in conversations about our future that, ultimately, will lead to a connected
community and will make our community stronger
• Have good intentions when engaging in community conversations
• Are generous with their time, energy, and passion
• Are grateful for their neighbors’ service to the community
• Care about our community’s land
• Care about ensuring there are housing options for all of our neighbors
Proposed Timeline
• November 8, 2021 – Receive draft amendments and report approved by the Planning Commission and
set Public Hearing
• November 15, 2021 – Discuss requests for data and additional information
• December 6, 2021 – Planning Commission’s presentation to the Council
• December 20, 2021 – Discussion (if needed)
• January 3, 2022 – Public Hearing at 7:30 pm
• January 10, 2022 – Possible vote or set additional Public Hearing
Recommended Process and Guidelines: All discussions and hearings will be facilitated by Chair Riehle with
assistance from Jessie Baker. Presentations from the Planning Commission will be delivered by Chair Louisos
with assistance from Paul Conner. Councilors will be provided time for questions and discussion first and then
the public will be invited to comment. At associated public hearing(s) staff will introduce any recommendations by
the City Attorney for legal clarity and then the public will be invited to comment. The Council will then close the public
hearing and ask questions and hold Council discussion. Written comment will also be accepted by the Council
through email or mail to the Council with a cc to Jessie Baker. To ensure all have an equitable amount of time
to speak, comments from the public will be limited to two minutes with everyone having an opportunity to
speak once before going back to commenters a second time if time permits.