HomeMy WebLinkAboutAgenda - Planning Commission - 06/14/2022South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, June 14, 2022
City Hall, 180 Market Street, Auditorium
7:00 pm
Members of the public may attend in person or digitally via Zoom. Participation Options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://us06web.zoom.us/j/9960639517
• Telephone 1 929 205 6099; Meeting ID: 996 063 9517
AGENDA:
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:05 pm)
4. LDR Amendment – Minor Technical Changes LDR-22-06 A-E (7:15 pm)
a. Clarify Uses in 13.03 Table on Bicycle Parking
b. Move Section 15.A.20 (Performance Bonds) to Article 17
c. Renumber Section 13.05 to correct double “A” subsections
d. Delete 17.04C Subdivision Approvals header
e. Correct Appendix E, Submission Requirements
5. LDR-22-05 Transferable Development Rights: Review of draft (7:25 pm)
6. Transferable Development Rights & Technical Amendments: Possible action to approve Planning
Commission Report and warn public hearing on proposed amendments LDR-22-05 and LDR-22-06 (8:05
pm)
7. Comprehensive Plan: Structure (8:15 pm)
8. Comprehensive Plan: Key Topics (8:25 pm)
9. *Minutes: May 10, 2022; May 24, 2022 (8:45 pm)
10. Other Business (8:50 pm)
11. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP Kelsey Peterson
Director of Planning & Zoning City Planner
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
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180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner
Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: For June 14, 2022 Planning Commission meeting
1. Agenda: Additions, deletions or changes in order of agenda items
2. Open to the public for items not related to the agenda
3. Announcements and staff report
• Official Map. Last Monday, the City Council unanimously adopted the amendment to the Official
Map relating the connections of the planned bike/ped bridge over I-89 as proposed by the
Planning Commission
• We are excited to report that Steven Loche will serve as the City’s next Fire Chief! See here for the
full press release
• Staff attended the groundbreaking for the new OnLogic manufacturing facility; their construction
is expected to take place over the next 18 months. And Beta Air received their zoning permit to
construct their manufacturing facility at the south end of the Airport.
4. LDR Amendment – Minor Technical Changes
Staff has five technical changes identified for consideration and approval by the Planning Commission in
the currently-adopted LDRs. We believe all five are very minor in nature but are important clarifications for
users. With the Commission’s concurrence, we’d like to propose these be included in the next round of LDR
amendments.
a. Table in 13.03 of the LDRs related to bicycle parking
In Section 13.03 of the LDRs, the table governing the number of bicycle parking spaces lists “uses”
that are not identical to the uses listed in the Table of Uses in Appendix C. Staff recommends that
these uses be cleaned up to clearly indicate which uses require 1 bicycle space per 20,000 SF and
which require 1 bicycle space per 5,000 SF. Staff’s proposed changes are included in the attached
draft.
b. Move Section 15.A.20 (Performance Bonds) to Article 17
This appears to now read that Performance Bonds only apply to Subdivision applications under
Article 15.A. This was not the intention and is now how it has been and currently is applied. The
language of Section 15.A.20 reflects much broader applicability than just subdivision applications,
including site plan, zoning permits, and others, so it is illogical to have this section housed in an
Article where an applicant would not look if they were not applying for a subdivision. Staff
recommends this section, in its entirety, be moved to Article 17 as a new Section 17.15.
c. Re-letter Section 13.05 to correct double “A” subsections
2
In Section 13.05, there are two subsections labeled “A”. In a prior version of the LDRs, when
stormwater management standards were contained in Article 12, the “Applicability” section was
contained in “B. Scope and Applicability” and the language under that section included internal
references that persist in the new 13.05. The attached document shows the required re-lettering of
the section and the internal references that need to change to reflect that re-lettering.
d. Delete 17.04C Subdivision Approvals header
Section 17.04 contains a subsection A labeled “Subdivision Approvals. [reserved]” that should be
deleted. It is currently a duplicate “A” that should be labeled “C” as in the previous version of the
LDRs. In the early 2000s, the section contained regulation of expiration of subdivision approvals
before State law changed. Under state law, subdivisions no longer expire, so the section was no
longer necessary and does not need to be reserved now. Staff recommends that the remaining,
corrected subsection C header be deleted.
e. Correct Appendix E Submission Requirements
The February 2022 round of amendments inadvertently removed the “minor subdivision submission
requirements,” as well as the “solar ready roofs analysis” applicable to site plans. This corrects these
omissions.
Possible Motion: I move to include the technical changes to Sections 13.03, 13.05, 15.A.20, and 17.04C as
described in the next round of amendments to the LDRs.
5. Transferable Development Rights: Review of draft
The draft of the Transferrable Development Rights section of the LDRs reflects the changes approved by
the Planning Commission at the last meeting, including minor wording changes.
The Commission asked Staff to look into two issues for this meeting: use of TDRs for additional height
and use of TDRs for additional density gained by using a Traditional Neighborhood Development (TND) PUD
type, where applicable.
Overlay of TND PUD Availability and TDR Receiving Areas
The TND PUD is only available in four zoning districts that have also been designated as TDR receiving
areas in the updated section: Allen Road (AR), Swift Street (SW), R7-NC in the Transit Overlay District, and R7 in
the Transit Overlay District. The AR district is a total of 53 acres, SW district is 32 acres, R7 areas in the Transit
Overlay District total approximately 250 acres, and R7-NC within the Transit Overlay District is approximately 9
acres. This is a total affected area of approximately 344 acres where both the TND PUD and TDRs are available.
However, TNDs are only available for parcels with over 4 acres of buildable area. Below, find three
images showing the AR, SW, and areas of the R7 and R7-NC. They show hazards and environmental resources
that prevent development, the zoning districts, the Transit Overlay, parcel boundaries for parcels over 4 acres,
and blank areas where smaller parcels have been omitted. These are illustrations of the minimal amount of TND
development potential in areas where the draft TDR section would extend the receiving areas. In the AR district,
there are likely no parcels with 4 acres of buildable area, of three parcels over 4 acres in total area. In the SW
district, again, there are likely no parcels with 4 acres of buildable area, with two parcels over 4 acres in total
area.
Allen Road: Swift Street:
3
In R7 and R7-NC within the Transit Overlay District, there may be one parcel with over 4 acres of
buildable area in the Quarry Hill/East Terrace area of R7, between East Terrace and the existing and under-
construction Quarry Hill development. Other than that single parcel, the R7 and R7-NC districts within the
Transit Overlay District are either already built (e.g. condominiums, apartments, medical offices, etc. near
Hinesburg Road and Kennedy Drive) or contain significant hazards and environmental resources that would
prevent development. The following image shows the zoning districts in orange (R7) and light green (R7-NC at
the intersection of Hinesburg Road and Kennedy Drive), the unbuildable areas due to environmental resources,
the border of the Transit Overlay District (in red), and existing buildings on the underlying lots (medium grey
shapes).
Conclusion of Analysis and staff recommendation: ****************
4
Using TDRs for Height
For the height increase option, we wanted to include further information about heights in the districts
where TDRs are proposed to be received and the current heights allowed in those areas. Currently, heights in
the receiving area districts are regulated either by feet or stories, as shown in the table below. In addition, the
DRB has power to waive the height restriction in some of the receiving area districts (3.07D). Finally, height is
restricted by other regulations in the LDRs for the C1-R15, C1-R12, and C1-Auto that border the R-4 (3.07B(3)),
and for buildings in the R-7 relative to neighboring buildings (3.07B(2)). In effect, there is no height limit in C2,
C1-LR, AR, SW, and R12 if it meets the DRB waiver standards, C1-R15, C1-R12, and C1-Auto are already allowed
to be 76 feet (if not restricted by proximity to R-4).
Principal (pitched) in ft
allowed without waiver
Total Stories
allowed
without
waiver
Effective Total Height
Permitted
Waiver Available?
C1-R15 5 20 (1st) + 4x14(2nd-5th)
= 76
N
C1-Auto 5 76 N
C1-R12 5 76 N
C2 40 Y
C1-LR 28 (residential) or 40
(non-residential)
Y
AR 28 (residential) or 40
(non-residential)
Y
SW 28 (residential) or 40
(non-residential)
Y
R12 28 (single or two-family)
or 40 (multi-family or
non-residential)
Y
R7-NC 28 (residential) or 40
(non-residential)
N
R7 28 N
Additional standards that modify height:
3.07B. Stories.
(2) In the . . . R7 . . . , the total number of stories for any given structure shall not be more than one (1)
greater than that of any principal structure on an abutting lot within the same zoning district, without
regard to public rights-of-way. A principal structure on an abutting lot that is more than 150 feet from
the subject structure shall be excluded from calculation.
(3) In the C1-R12, C1-R15, and C1-Auto districts:
a) No building shall be more than 1 story taller than the shortest building on an adjacent lot in
the R4 District. However, for each 75’ of separation from said building in the R4, the proposal
building may increase in height by 1 story, up to the allowable maximum height.
b) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet
in floor-to-floor height.
3.07D. Waiver of Maximum Height Requirements
5
(2) R12, . . . , C1-LR, AR, SW, . . . C2, . . . Districts.
a) Except within a Planned Unit Development, an applicant may seek approval from the Development
Review Board for the height of one or more structures to exceed the limitation set forth in Table C-2 for
structures within these zoning districts. Within a Planned Unit Development, the ability of an applicant
to seek approval for a structure to exceed the limitation in Table C-2 is established by PUD type.
. . .
c) Standards of Review.
i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and,
ii) Demonstration that the proposed structure will not have an undue adverse effect on scenic
views from adjacent public roadways and other public rights-of-way.
Staff analysis/recommendation: The step-down height requirements between the high-density areas (C1-R12,
C1-R15, and C1-Auto) on Shelburne Road is protective of the R-4 single-family neighborhoods. The R7 relative
height restriction is again protective of a relatively low-density residential zone. Otherwise, all of the areas
where TDRs will be available have either a 76-foot height maximum or effectively no maximum with waiver by
the DRB. For those reasons, Staff does not recommend allowing use of TDRs for additional height when
significant height (which has not been utilized by developers already) is available in these areas and adding
height would add an additional variable and significant administrative complexity to the TDR program.
6. Possible action to approve Planning Commission Report and warn public hearing on proposed
amendments
If the Commission approves of the Draft amendments to the Land Development Regulations included in
this packet, the Commission can choose to move the amendments forward to a public hearing. As discussed at
the May 24, 2022 meeting, it is advisable that the public hearing be scheduled farther into the future than the
notice requirement minimums, to allow for additional time for review and comment by members of the public
and the development community. Staff advises that this be scheduled for the first Planning Commission meeting
in August – August 9, 2022.
Possible Motion: “I move to approve the Planning Commission Report and to warn a public hearing on the draft
amendments to the Land Development Regulations included in this meeting’s packet [as modified] for ???,
2022”.
7. Comprehensive Plan: Structure
See attached memo
8. Comprehensive Plan: Key Topics
See attached memo
9. *Minutes: May 10, 2022; May 24, 2022 (8:45 pm) – The May 10, 2022 minutes have been updated with
edits from Commissioners about their own statements.
10. Other Business
11. Adjourn
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
13 SUPPLEMENTAL REGULATIONS
. . .
13.03 Bicycle Parking & Storage
. . .
13.03 Bicycle Parking and Storage
A. Purpose. These standards for short term parking and long term storage of bicycles are intended to
recognize and promote cycling as a viable means of transportation and recreation for residents, consumers,
visitors, and employees.
. . .
Table 13-3. Bicycle Parking Requirements
Type of Activity Short Term Bike Parking Long Term Bike Storage
Residential buildings with more
than 3 units
1 for every 10 units; minimum 41 1 for every unit
Warehousing & distribution,
Distribution and related storage,
lumber and contractor’s yard, self-
storage, and light
manufacturingindustry
1 per 20k SF; minimum 2 2 per tenant
Retail, restaurant, office, and all
other non-residential uses except
Educational facility
1 per 5k SF; minimum 4 50% of required short term bike
parking spaces.
Educational facility 1 space for each 20 students of
planned capacity.
For new buildings only, one space
for each 20 employees.
1 May request waiver from minimum per building for buildings with less than 6 units if Development Review
Board finds the need is adequately met for visitors.
Table 13-4. Long Term parking – shower and changing room facility requirements
Number of protected long
term bicycle parking spaces
Changing facility Unisex Showers Clothes Lockers
1-3 none none 1
4 - 9 12 12 3
For every 10 12 12 40% of LTB parking
2 if unisex, units available to any gender; otherwise provide one per gender
LDR-22-06A Bicycle Parking
14-1
South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
. . .
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
. . .
F. Alteration of Existing Grade
(1) . . .
(2 ) Standards and Conditions for Approval.
(a) The Development Review Board shall review a request under this Section for compliance with the
standards contained in this Section 14.11(F) and Section 3.07, Height of Structures of these regulations.
An application under this section shall include the submittal of a site plan, planned unit development or
subdivision plat application showing the area to be filled or removed, and the existing grade and proposed
grade created by removal or addition of material.
(b) The Development Review Board, in granting approval may impose any conditions it deems
necessary, including, but not limited to, the following:
(i) Duration or phasing of the permit for any length of time.
(ii) Submission of an acceptable plan for the rehabilitation of the site at the conclusion of the
operations, including grading, seeding and planting, fencing, drainage, and other appropriate
measures.
ii) Provision of a suitable bond or other security in accordance with Section 15.A.20 17.15
adequate to assure compliance with the provisions of these Regulations.
(iv) Determination of what shall constitute pre-construction grade under Section 3.07, Height of
Structures.
LDR-22-06B Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
15.A SUBDIVISION REVIEW
. . .
15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit
. . .
15.A.20 Performance Bonds, Escrow Accounts, Letters of Credit
A. Public Facilities and Improvements.
(1) Public facilities and improvements under this Article shall include, without limitation, streets,
sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater
infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other
improvements which are public or are intended to become public.
(2) Before the issuance of a zoning permit, the applicant, subdivider or developer must furnish
the City with a suitable performance bond, escrow account, or letter of credit in an amount
sufficient to cover the full costs of all proposed public facilities and improvements and
ancillary site improvements and their maintenance for two years after completion.
(3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has
deemed the work to be complete in accordance with City approvals and regulations and for
two (2) years thereafter, but in no case for a longer term than three (3) years. However, with
the consent of the applicant, subdivider or developer, the term of that bond, escrow account
or letter of credit may be extended for an additional period not to exceed three (3) years. If
any public facilities and improvements have not been installed or maintained as provided
within the term of the bond, escrow account or letter of credit then the amount secured by
the bond, escrow account or letter of credit shall be forfeited to the City.
(4) Partial Release. Upon a determination by the City Engineer that a phase of the construction
of public facilities and improvements is complete as provided in Article 15.A.18(E), the
Administrative Officer may recommend that the City Treasurer approve a partial release of
the amount of the bond, escrow account or letter of credit equivalent to the phase or portion
of the completed construction, up to a maximum of 90% of the original amount. Any amounts
that the City Treasurer releases shall not exceed the proportion of the total project that has
been built, up to a maximum of 90% of the original amount. The remaining 10% of the original
amount of the bond, escrow account or letter of credit only shall be released upon the
determination of the City Engineer that the public facilities and improvements have been
maintained for two years after the City Engineer determined the public facilities and
improvements to be complete. Upon a determination by the City Engineer that the public
facilities and improvements have been maintained as provided within the term of the bond,
escrow account or letter of credit, the Administrative Officer may recommend that the City
Treasurer approve the release of the remaining 10% of the original amount.
LDR-22-06B Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including
but not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required
demolition and removal of buildings.
(1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with
a suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee
all landscaping and plantings as required under Article 14, and any site restorations or rehabilitations
as required under Article 3 or Article 13, for a period as described in this section.
(a) For development with a total landscaping budget requirement of $2,000 or less, no
performance bond, escrow account, or letter of credit shall be required.
(b) For development with a total landscaping budget requirement of over $10,000, the
required amount for performance bond, escrow account, or letter of credit shall be $10,000, plus
fifty percent (50%) of the landscaping budget amount over $10,000. Example: a development with
a total required landscaping budget of $20,000 shall have a performance bond, escrow account,
or letter of credit of not less than $15,000.
(2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings
required by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal
of a principal building upon the construction and occupancy of a new principal building, as required
by Article 3.09 of these Regulations, shall run for a period of two (2) years. The Administrative Officer
may recommend that the City Treasurer approve the release of the bond, escrow account or letter of
credit upon a demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or
developer does not demonstrate compliance with Article 3.09(E)(3) as provided within the term of
the bond, escrow account or letter of credit, then the amount secured by the bond, escrow account
or letter of credit shall be forfeited to the City.
(3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required under Articles 3, 13, 14, and
15. All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years.
However, with the consent of the applicant, subdivider or developer, the term of that bond, escrow
account or letter of credit may be extended for an additional period not to exceed three years. If any
required work has not been constructed, installed, or maintained as provided within the term of the
bond, escrow account or letter of credit then the amount secured by the bond, escrow account or
letter of credit shall be forfeited to the City.
C. Bond Amounts. The amount of such bond, escrow account or letter of credit shall be established
by the Development Review Board and shall be equal to 100% of the estimated project costs for public
facilities and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other
types of bonds required by these Regulations. The applicant, subdivider or developer shall be responsible
for providing accurate cost estimates. Where amounts are not specified by these Regulations, the City
Engineer shall review all cost estimates and provide a recommendation to the Board. The Board may
invoke technical review to confirm the accuracy of estimates.
D. Form of Bonds, Other Sureties. The form of any such bond, escrow account, or letter of credit
shall be approved by the City Attorney and City Council and shall include procedures for the City to make
use of such funds in accordance with 24 VSA § 4464.
LDR-22-06B Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
E. "As-built" construction drawings and plans shall be submitted in paper and digital form to, and
approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation
of all required improvements.
LDR-22-06B Performance Bonds
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
[ALL TEXT MOVED FROM 15.A.20 INTO NEW SECTION 17.15]
17 ADMINISTRATION and ENFORCEMENT
. . .
17.15 Performance Bonds, Escrow Accounts, Letters of Credit
. . .
17.15 Performance Bonds, Escrow Accounts, Letters of Credit
A. Public Facilities and Improvements.
(1) Public facilities and improvements under this Article shall include, without limitation, streets,
sidewalks, recreation paths, curbing, water and sewer mains and pipes, stormwater
infrastructure, pipes and catch basins, fire hydrants, parks, recreational facilities and other
improvements which are public or are intended to become public.
(2) Before the issuance of a zoning permit, the applicant, subdivider or developer must furnish the
City with a suitable performance bond, escrow account, or letter of credit in an amount sufficient
to cover the full costs of all proposed public facilities and improvements and ancillary site
improvements and their maintenance for two years after completion.
(3) Term. Such bonds, escrow accounts, or letters of credit shall run until the City Engineer has
deemed the work to be complete in accordance with City approvals and regulations and for two
(2) years thereafter, but in no case for a longer term than three (3) years. However, with the
consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter
of credit may be extended for an additional period not to exceed three (3) years. If any public
facilities and improvements have not been installed or maintained as provided within the term of
the bond, escrow account or letter of credit then the amount secured by the bond, escrow
account or letter of credit shall be forfeited to the City.
(4) Partial Release. Upon a determination by the City Engineer that a phase of the construction of
public facilities and improvements is complete as provided in Article 15.A.18(E), the
Administrative Officer may recommend that the City Treasurer approve a partial release of the
amount of the bond, escrow account or letter of credit equivalent to the phase or portion of the
completed construction, up to a maximum of 90% of the original amount. Any amounts that the
City Treasurer releases shall not exceed the proportion of the total project that has been built, up
to a maximum of 90% of the original amount. The remaining 10% of the original amount of the
bond, escrow account or letter of credit only shall be released upon the determination of the City
Engineer that the public facilities and improvements have been maintained for two years after
the City Engineer determined the public facilities and improvements to be complete. Upon a
determination by the City Engineer that the public facilities and improvements have been
maintained as provided within the term of the bond, escrow account or letter of credit, the
Administrative Officer may recommend that the City Treasurer approve the release of the
remaining 10% of the original amount.
B. All other bonds, escrow accounts, or letters of credit required by these Regulations, including but
not limited to Landscaping and Site Restorations or rehabilitation, Earth Products and required demolition
and removal of buildings.
(1) Before issuance of a zoning permit, the applicant, subdivider or developer shall furnish the City with a
suitable performance bond, escrow account, or letter of credit in an amount sufficient to guarantee all
LDR-22-06B Performance Bonds
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
landscaping and plantings as required under Article 14, and any site restorations or rehabilitations as
required under Article 3 or Article 13, for a period as described in this section.
(a) For development with a total landscaping budget requirement of $2,000 or less, no
performance bond, escrow account, or letter of credit shall be required.
(b) For development with a total landscaping budget requirement of over $10,000, the required
amount for performance bond, escrow account, or letter of credit shall be $10,000, plus fifty percent
(50%) of the landscaping budget amount over $10,000. Example: a development with a total required
landscaping budget of $20,000 shall have a performance bond, escrow account, or letter of credit of
not less than $15,000.
(2) Term for Bonds, Escrow Accounts, or Letters of Credit for demolition and removal of buildings required
by Article 3.09. Bonds, escrow accounts or letters of credit for the demolition and removal of a principal
building upon the construction and occupancy of a new principal building, as required by Article 3.09 of
these Regulations, shall run for a period of two (2) years. The Administrative Officer may recommend that
the City Treasurer approve the release of the bond, escrow account or letter of credit upon a
demonstration of compliance with Article 3.09(E)(3). If an applicant, subdivider or developer does not
demonstrate compliance with Article 3.09(E)(3) as provided within the term of the bond, escrow account
or letter of credit, then the amount secured by the bond, escrow account or letter of credit shall be
forfeited to the City.
(3) Term for Other Bonds, Escrow Accounts, or Letters of Credit required under Articles 3, 13, 14, and 15.
All other bonds, escrow accounts, or letters of credit shall run for a period of three (3) years. However,
with the consent of the applicant, subdivider or developer, the term of that bond, escrow account or letter
of credit may be extended for an additional period not to exceed three years. If any required work has
not been constructed, installed, or maintained as provided within the term of the bond, escrow account
or letter of credit then the amount secured by the bond, escrow account or letter of credit shall be
forfeited to the City.
C. Bond Amounts. The amount of such bond, escrow account or letter of credit shall be established by
the Development Review Board and shall be equal to 100% of the estimated project costs for public facilities
and improvements, plus a 15% contingency; or 100% of the estimated project costs for all other types of bonds
required by these Regulations. The applicant, subdivider or developer shall be responsible for providing
accurate cost estimates. Where amounts are not specified by these Regulations, the City Engineer shall review
all cost estimates and provide a recommendation to the Board. The Board may invoke technical review to
confirm the accuracy of estimates.
D. Form of Bonds, Other Sureties. The form of any such bond, escrow account, or letter of credit shall
be approved by the City Attorney and City Council and shall include procedures for the City to make use of
such funds in accordance with 24 VSA § 4464.
E. "As-built" construction drawings and plans shall be submitted in paper and digital form to, and
approved by, the City Engineer, prior to the release of any bonds, or portions thereof, for the installation of
all required improvements.
LDR-22-06B Performance Bonds
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
13 SUPPLEMENTAL REGULATIONS
. . .
13.05 Stormwater Management
. . .
.
.
.
13.05 Stormwater Management
A. Purpose. The purpose of this section is:
(1) To promote stormwater management practices that maintain pre-development hydrology through site
design, site development, building design and landscape design techniques that infiltrate, filter, store,
evaporate and detain stormwater close to its source;
(2) To protect water resources, particularly streams, lakes, wetlands, floodplains and other natural aquatic
systems on the development site and elsewhere from degradation that could be caused by construction
activities and post-construction conditions;
(3) To protect other properties from damage that could be caused by stormwater and sediment from
improperly managed construction activities and post-construction conditions on the development site;
(4) To reduce the impacts on surface waters from impervious surfaces such as streets, parking lots, rooftops
and other paved surfaces; and
(5) To promote public safety from flooding and streambank erosion, reduce public expenditures in removing
sediment from stormwater drainage systems and natural resource areas, and to prevent damage to
municipal infrastructure from inadequate stormwater controls.
B. Applicability.
(1) These regulations will apply to all development within the City of South Burlington where one-half acre
or more of impervious surface area exists or is proposed to exist on an applicant’s lot or parcel.
(2) If the combination of new impervious surface area created and the redevelopment or substantial
reconstruction of existing impervious surfaces is less than 5,000 s.f. then the application is exempt from
requirements in this Section 13.05.
(3) Applications meeting the criteria set forth in section 13.05(B)(1), and not exempt under section
13.05(B)(2), shall meet the application requirements in Section 13.05(C) and the site design
requirements in section 13.05(DE) as follows:
(a) If the area of the lot or parcel being redeveloped or substantially reconstructed is less than 50%
of the lot’s existing impervious surface area, then only those portions of the lot or parcel that are
being redeveloped or substantially reconstructed must comply with all parts of Section 13.05(ED).
All new impervious surface area must meet the site design requirements of section 13.05(DE).
(b) If the area of the lot or parcel that is being redeveloped or substantially reconstructed exceeds
50% of the lot or parcel’s existing impervious surface area then all of the lot or parcel’s impervious
surfaces must comply with all parts of Section 13.05(DE). All new impervious surface area must
meet the site design requirements of Section 13.05(ED).
C. Application Requirements. Applicants required to comply with Section 13.05 shall provide the following
information in their application:
LDR-22-06B Stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(1) Sub-watershed boundaries and drainage area delineations for all stormwater treatment practices.
(2) Location, type, material, size, elevation data, and specifications for all existing and proposed
stormwater collection systems, culverts, and stormwater treatment practices.
(3) Soil types and/or hydrologic soil group, including the location and results of any soil borings, infiltration
testing, or soil compaction testing. Infiltration testing shall be completed using methods identified in
the VSMM (see section 4.3.3.2 in the 2017 VSMM, or as updated).
(4) A brief written description of the proposed stormwater treatment and management techniques.
Where Tier 1 practices are not proposed (see Section 13.05(C)(1)(a)), the applicant shall provide a full
justification and demonstrate why the use of these practices is not possible before proposing to use
Tier 2 or Tier 3 practices.
(5) A detailed maintenance plan for all proposed stormwater treatment practices.
(6) Modeling results that show the existing and post-development hydrographs for the WQv storm event,
the one-year, twenty-four hour rain event, and the twenty-five year, twenty-four hour storm event
(rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall distribution). Any
TR-55 based model shall be suitable for this purpose. The intent of the twenty-five year storm event
analysis is to ensure the proposed project does not overload an existing downstream drainage
structure(s) and result in damage to private or public infrastructure or property. The analysis is also
intended to ensure that stormwater infrastructure installed as a part of a development can
accommodate future upstream development.
(7) The applicant’s engineer must provide such information as the stormwater superintendent or designee
deems necessary to determine the adequacy of all drainage infrastructure.
D. Process.
(1) Applications for proposed development that solely include development related to stormwater
management (Section 13.05) may be reviewed via Administrative Site Plan Review (Section 14.04(B)).
(2) Applications involving an Environmental Restoration Project may be reviewed via Administrative Site
Plan Review (Section 14.04(B)).
E. Design Requirements - On-Site Treatment. Applicants shall meet the following standards for on-site
treatment of stormwater:
(1) The Water Quality Volume (WQv) as defined in the Vermont Stormwater Management Manual (VSMM)
for the lot or parcel’s impervious surfaces shall not leave the lot via overland runoff and shall be treated
using Tier 1 practices as detailed in the VSMM.
(a) If it is not possible to treat the volume of stormwater runoff using a Tier 1 practice as specified in
Section 13.05(ED)(1) due to one or more of the following constraints:
(i) Seasonally high or shallow groundwater,
(ii) Shallow bedrock,
(iii) Soil infiltration rates of less than 0.2 inches per hour,
(iv) Soils contaminated with hazardous materials, as that phrase is defined by 10 V.S.A. §6602(16),
as amended,
(v) The presence of a “stormwater hotspot” as defined in the VSMM, or
(vi) Other site conditions prohibitive of on-site infiltration runoff subject to the review and
approval of the Development Review Board,
LDR-22-06B Stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
then the WQv shall be treated on the lot using Tier 2 practices as described in the most recently
adopted version of the VSMM. A site with an existing Tier 3 practice is allowed to evaluate
retrofitting/expanding this practice to meet the requirements of Section 13.05(ED)(2). Existing Tier
3 practices shall only be used to satisfy the requirements of Section 13.05(ED)(1) in accordance
with the Water Quality Practice Selection Flowchart in the VSMM.
(2) The post-construction peak runoff rate for the one-year, twenty-four hour (rainfall amounts to be
determined using NOAA, Atlas 14 data and a type II rainfall distribution) rain event shall not exceed the
existing peak runoff rate for the same storm event from the site under conditions existing prior to
submittal of an application.
(3) Applicants who demonstrate that the required control and/or treatment of stormwater runoff per
section 13.05(ED)(1) and 13.05(ED)(2) cannot be achieved for areas subject to these regulations per
Section 13.28(B) may utilize Site Balancing as defined in these Regulations.
(4) New drainage structures shall comply with the following standards:
(a) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour (4.0
inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II rainfall
distribution);
(b) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(c) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
F. Design Requirements – Impacts to Municipal System. Stormwater runoff from sites meeting the
requirements of Section 13.05(ED), or sites that are exempt from Section 13.05(ED), may discharge to the
municipal stormwater system, or a stormwater system within a proposed future municipal right-of-way,
provided that the stormwater system has adequate capacity to convey the twenty-five year storm event
from the contributing drainage area. All applicants shall meet the following standards if it is determined
that their project may have impacts to municipal stormwater system:
(1) New drainage structures connected to the municipal stormwater system, or a stormwater system
within a proposed future municipal right-of-way, shall comply with the following standards:
(a) New drainage structures should be located within the street right-of-way
(b) All drainage structures must be designed to safely pass the twenty-five year, twenty-four hour
(4.0 inch) rain event (rainfall amounts to be determined using NOAA, Atlas 14 data and a type II
rainfall distribution);
(c) Drainage pipes must have a minimum diameter of 15” and be connected to drainage structures
using booted connections.
(d) Concrete risers, not brick and mortar, must be used to achieve the necessary drainage structure
elevation.
(e) House footing drains shall only be connected to drainage facilities located in the street right-of-
way when a suitable location to daylight the footing drain cannot be found.
(f) Footing drains must not be connected to road underdrain.
(g) Any footing drains connected to drainage facilities in the street right-of-way shall be provided
with a backflow preventer.
(h) Driveway culverts must have a minimum diameter of 18” and 12” of cover above them.
LDR-22-06B Stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(2) Drainage Structures To Accommodate Upstream Development. Culverts, pipes, or other drainage
facilities shall be of sufficient size to accommodate potential runoff from the entire upstream drainage
area, whether or not all or part of the upstream area is on the applicant’s lot or the parcel subject to
the application. In determining the anticipated amount of upstream runoff for which drainage
facilities must be sized, the applicant shall design the stormwater drainage system assuming the total
potential development of upstream drainage areas. All drainage structures shall be designed to, at a
minimum, safely pass the twenty-five year, twenty-four hour rain event (rainfall data to be determined
using NOAA, Atlas 14 and a type II rainfall distribution).
(3) Responsibility for Downstream Drainage Structures. In instances where the Stormwater
Superintendent anticipates that additional runoff incident from a proposed development may
overload an existing downstream drainage structure(s) and result in damage to private or public
infrastructure or property, the DRB shall impose conditions requiring the applicant to incorporate
measures to prevent these conditions, notwithstanding whether such improvements are located on
or off the applicant’s property.
G. Intermittent Stream Alteration and Relocation Standard. Alteration of Intermittent Streams. When a
development incorporates Tier 1 or Tier 2 stormwater treatment practices (as defined in the VSMM) to
manage the stormwater that an intermittent stream is conveying in pre-development conditions, the
intermittent stream may be altered or relocated as part of stormwater treatment, provided the
stormwater management system meets all standards in this Section. An alteration or relocation of an
intermittent stream is exempt from the Vermont Stream Alteration Rule.
LDR-22-06B Stormwater numbering
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
17 ADMINISTRATION and ENFORCEMENT
. . .
17.04 Expiration of Permits and Approvals
. . .
17.04 Expiration of Permits and Approvals
A. Zoning Permits. A zoning permit shall expire one (1) year from its date of issue unless viewed as a
whole, the work, time, and expenditures invested in the project demonstrate a continued good faith intent to
presently commence upon the permitted project.
B. Expiration of Approvals. All site plan, conditional use, variances, design review, and miscellaneous
application approvals shall expire six (6) months from the date of their approval by the Development Review
Board or Administrative Officer, unless:
(1) A zoning permit is issued for the project;
(2) The Development Review Board or Administrative Officer has granted a longer period for a multi-phase
development or for other projects that may reasonably require a longer period before commencement of
the permitted project; or,
(3) The Development Review Board or Administrative Officer has approved a request for extension of the
approval. The Board or Administrative Officer may approve one (1) extension to an applicant of an
approval if reapplication takes place before the approval has expired and if the Board determines that
conditions are essentially unchanged from the time of the original approval. In granting such an extension,
the Board or Administrative Officer may specify a period of time of up to one (1) year for the extension.
A. Subdivision Approvals. [reserved]
LDR-22-06D Subdivision numbering
APPENDIX E SUBMISSION REQUIREMENTS
APPENDIX E SUBMISSION REQUIREMENTS
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
PUD Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
√√√√√√√√√√Completed application form; one (1) digital copy of plans; and a list of the owners
or record of abutting property owners
√√√√√√√√√√Name and address of the owner of record, applicant, and owners of record of
abutting properties; and name and address of engineer(s), architect(s), landscape
architect(s) preparing plans, plan preparation date, and date and description of all
revisions shown on all plan sheets
√√√√√√√√√√Date, true north arrow and scale (numerical and graphic). The preferred scale shall
be not more than one hundred (100) feet to the inch, or not more than sixty (60)
feet to the inch where lots have less than one hundred (100) feet of frontage.
√√√√√√√√√√Narrative accompanying the application to include the following: (a) description of
the project; (b) demonstration of compliance with applicable review standards; (c)
list of submission elements; and (d) list of any changes made to plans from
previous submittals under the same application
√√√√√√√List of waivers the applicant desires from the requirements of these regulations
and accompanying narrative describing the request(s), detailing the City's
authority to grant the request(s) and describing why the waiver(s) should be
granted
√Project phasing plan
√√√√√Estimated project construction schedule, construction phasing, and date of
completion, and estimated cost of all site improvements. (note: for FBC
subdivisions, only public infrastructure information required)
√√√√√√√√√√Any other information or data that the Administrative Officer or Development
Review Board shall require for a full assessment of the project pursuant to the
Land Development Regulations
√√√√√√√√√√Location map, showing relation of subject property to adjacent properties and
surrounding area.
√√√√√√√√√√Boundaries and area of existing subject property(ies), proposed property lines,
continues properties, boundaries of all zoning districts, transects, and overlay
districts, and all designations on the City's Official Map, and lots within the
proposed subdivision numbered.
√√√√√√√√√√Location of existing restrictions on land, such as easements and covenants.
√√√√√√Location of planned restrictions on land, such as easements and covenants.
√√√Permanent reference monuments
√√√Copies of proposed deeds, deed restrictions, covenants, agreements or other
documents showing the manner in which open space, including park and
recreational areas, and school site areas are to be dedicated, reserved and
maintained and a certificate from the City Attorney that these documents are
satisfactory.
√√√√In the case of a subdivision or development served by a privately owned and/or
maintained street: A completed contract between the landowner and the City
regarding the number of lots or dwelling units to be served by the proposed right-
of-way or private street and the responsibility for the roadway maintenance and a
copy of all proposed deeds, agreements, or other documents which convey or
relate to the use of a privately owned street or right-of- way, and a certificate of
the City Attorney that these documents are satisfactory.√√√√A complete survey of the subdivision, prepared by a licensed land surveyor,
showing the location, bearing and length of every street line, lot line and boundary
line, and existing and proposed restrictions on the land, including but not limited
to access ways and utility easements. Where applicable, this information shall be
tied to reference points previously established by the City.
√√√√√Lot area in square feet and acres, and lot coverage calculations including building,
overall, and front yard coverage and the location and layout of any off-street
parking or loading areas, traffic circulation areas, pedestrian walkways, and fire
lanes.
√√√√Point-by-point lighting plan and cut sheets for all proposed outdoor lighting within
the site
√√√√√√√Preliminary grading, drainage, landscaping and buffering plan in accordance with
Article 13, Supplemental Regulations.
√√√√√The extent and amount of cut and fill for all disturbed areas, including before-and-
after profiles and cross sections of typical development areas, parking lots and
roads, and including an erosion and sedimentation control plan, and proposed
locations of sediment sink/setting pond and interceptor swales.
All Districts Except City Center FBC City Center FBC District
PROJECT DESCRIPTION
SITE INFORMATION
South Burlington Land Development Regulations
LDR-22-06E Submission Resquirements
APPENDIX E SUBMISSION REQUIREMENTS
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
PUD Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
All Districts Except City Center FBC City Center FBC District
√√√√√The location of any outdoor storage for equipment and materials if any, and the
location, type and design of all solid waste-related facilities, including dumpsters
and recycling bins.
√√√√√√Estimate of all earthwork, including the quantity of any material to be imported to
or removed from the site or a statement that no material is to be removed or
imported.
√√√√√Location of existing structures on the site, and showing all site conditions to
remain.
√√√√√√√√√√Existing water courses & buffers, wetlands & buffers, base flood elevations if
located in an area of special flood hazard, wooded areas, ledge outcrops, and
other natural features.
√√√√√√√√Existing and proposed open space
√√√√√By proper designation on such plat, all public space for which offers of cession are
made by the applicant and those spaces title to which is reserved by him.
√√√√√√The location of all open space to be dedicated to the City as well as all open space
to be retained by the applicant or to be held in common private ownership.
√√√√√√√√√√Existing and proposed contours at a maximum vertical interval of two (2) feet.
√√√√Detailed specifications and locations of planting, landscaping, screening, and/or
buffering materials.
√A general concept of the landscaping, both in written and graphic form.
√√√√√A list of existing vegetation, with the location, type, and size of existing trees of six
inches or greater in caliper.
√√√√A written plan to preserve and protect significant existing vegetation during and
after construction. Such plan will be of sufficient detail that the City of South
Burlington will be able to inspect the site during construction to ensure that
existing vegetation is protected as per the plan.
√√√√Detailed landscaping plan, specification of materials, costs, and phasing plan,
including vegetation to remain, types of new plant materials, identified by
common name and botanical name, sizes of all new plant materials by height
and/or diameter at time of planting and at maturity, quantities of each of the
planting materials, and treatment of the ground surface (paving, seeding, or
groundcover) for all plantings, screening, buffering, and stormwater infiltration.√√√√Detailed erosion control plan demonstrating compliance with these regulations
√√√√√√Existing and proposed structures
√√√Preliminary plans, elevations, floor plans, and sections of proposed structures
showing the proposed location, use, design and height of all structures, roads,
parking areas, access points, sidewalks and other walkways, loading docks, outdoor
storage areas, sewage disposal areas, landscaping, screening, site grading, and
recreation areas if required. Plans shall also show any proposed division of
buildings into units of separate occupancy and location of drives and access
thereto.√√√√Detailed elevations to demonstrate compliance with Building Envelope Standards
and material requirements
√√Plan for achieving required mix of housing types and archictural feastures as
required by Section 13.17 (Residential Design for New Single and Two-Family
Homes)
√√Solar ready roof analysis report
√√Elevations of buildings proposed as part of Planned Unit Developments
√√√√√√√Letter of intent from the Agency of Transportation confirming that the Agency has
reviewed the proposed plan and is prepared to issue an access permit under 19
V.S.A. § 1111, and setting out any conditions that the Agency proposes to attach to
the section 1111 permit.
√√√√√√√Location, type, and width of existing and proposed streets and block layout
(including roadways, sidewalk, recreation path)
√√√√Plans and profiles showing location of existing and proposed street pavements,
proposed elevations along center lines of all streets, curbs, gutters, sidewalks,
manholes, catch basins, and culverts
√√√√Plans showing the location, size and invert elevations of existing and planned
sanitary sewers, storm water drains, and fire hydrants and location and size of
water, gas, electricity and any other utilities or structures.
√√√√√√√Location of existing septic systems and wells.
√√√√√Existing and proposed water and wastewater usage
BUILDINGS
STREETS AND UTILITIES
LANDSCAPE FEATURES - REVIEW
South Burlington Land Development Regulations
LDR-22-06E Submission Resquirements
APPENDIX E SUBMISSION REQUIREMENTS
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
PUD Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
All Districts Except City Center FBC City Center FBC District
√√√√√Location and design of all utility distribution facilities
√√√√The location and details of all the improvements and utilities, including the
location of all utility poles, utility cabinets, sewage disposal systems, water supply
systems, and all details and locations of the stormwater management system.
√√√Preliminary designs of any bridges or culverts which may be required.
√√√√Construction drawings of all required improvements.
√√√√The length of all straight lines, the deflection angles, radii, length of curves and
central angles of all curves tangent distance and tangent bearings for each street.
√√√√√√√All means of vehicular access and egress to and from the site onto public streets,
and all provisions for pedestrian access and circulation.
√√√√√√Analysis of traffic impacts, if required by the traffic overlay district and/or the DRB.
√√√√√Proposed stormwater management system, including (as applicable) location,
supporting design data and copies of computations used as a basis for the design
capacities and performance of stormwater management facilities.
√√√√Detailed plans, designs and finished grades of retaining walls, steps, ramps, paving,
site improvements, fences, bridges, culverts, and drainage structures.
√Master Plan: See Article 15.B
√√√√
Initial Site Conditions Map
Base flood elevations if located in an area of special flood hazard, wooded areas,
ledge outcrops, and other natural features.
River Corridors. Existing mapped data for permanent River Corridors; estimates
for top of bank/stream where not mapped by VT DEC; estimated locations of
intermittent streams.
Wetland areas and buffers. Exsting mapped data from Vermont Significant
Wetland Inventory, Vermont Significant Wetland Inventory Advisory Layer,
Hydric Soils, and other known sources. Applicant-estimated areas for potential
Class III areas. [note: Field Verification of all potential wetland areas is strongly
encouraged at the earliest stages of revoew]
Habitat Block Overlay District: Boundary of Habitat Block Overlay District, of all
proposed mofications and exchanges, and supporting materials required by
Section 12.04
Habitat Connector Overlay District: Boundary of Habitat Connector Overlay
District, of all proposed relocations, and supporting materials required by
Section 12.04 and 12.05.
Steep Slopes: Existing mapped data of steep and very steep slopes
√√√√√Complete Site Conditions Map
River Corridors. Field verification/ delineation of top of bank / top of slope for
permanent and intermittent surface waters by a qualified professional, where
not mapped by VT DEC. All materials required by Section 12.07
Flood Hazard Areas. All materials required by Section 12.08.
Wetland areas and buffers. Field delineation and report of functions and values
of all wetland areas prepared by a qualified wetlands consultant. All materials
required by Section 12.06
Habitat Block Overlay District: Boundary of Habitat Block Overlay District, of all
proposed mofications and exchanges, and supporting materials required by
Section 12.04
Habitat Connector Overlay District: Boundary of Habitat Connector Overlay
District, of all proposed relocations, and supporting materials required by
Section 12.04 and 12.05.
Steep Slopes: Mapped data of unaffected steep or very steep slopes; Field
delineation of steep and very steep slopes with a vertical drop exceeding three
(3) feet proposed to be impacted
* note: the Land Development Regulations may contian additional submission requirements for specific requests and applications
Required maps must be prepared to scale by a qualified professional (e.g. engineer, architect, landscape architect, or urban designer) using the most current data
NATURAL RESOURCES
South Burlington Land Development Regulations
LDR-22-06E Submission Resquirements
ARTICLE 2 DEFINITIONS
2 DEFINITIONS
2.01 Rules of Construction, Intent and Usage
2.02 Specific Definitions
2.03 Definitions for Flood Hazard Purposes
.
.
.
Density increase. For the purposes of the Transfer of Development Rights, tThe allowable increase in the
amount density of residential development onf a receiving parcel for TDRs, expressed as a higher maximum
average number of dwelling units per acre of a receiving parcel than would be allowable on theat receiving
parcel if it were part of a PUD that did not use TDRs; allowing a higher average number of dwelling units for
each acre of a receiving parcel also increases building bulk and lot coverage.
.
.
.
Transferrable Development Rights. The development potential of a parcel of land assigned by these
regulations which may be severed from a parcel, (the sending parcel), and which may be transferred to and
used on another parcel , (the receiving parcel). To the extent that the development potential of a sending
parcel is used on a receiving parcel, rights or interests in the parcel created by a legal instrument in perpetuity,
conserving the sending parcel and limiting the possible uses of the sending parcel to agriculture, forestry,
natural area and/or outdoor non-motorized recreation shall be granted to the City, a State agency or a
Qualified Organization, Aas defined in 10 V.S.A. section 6301a, as amended from time to time.
LDR-22-05 Transferable Development Rights
4-1
4 RESIDENTIAL DISTRICTS
. . .
4.04 Residential 7 District
4.05 Residential 12 District
4.06 Residential 7 with Neighborhood Commercial District
. . .
4.04 Residential 7 District - R7
. . .
C. Area, Density, and Dimensional Requirements. In the Residential 7 District all requirements of this
Section 4.04 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type
under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferrable Development
Rights under Article 19.
. . .
4.05 Residential 12 - R12
. . .
C. Area, Density, and Dimensional Requirements. In the Residential 12 District all requirements of this
Section 4.05 and Table C-2, Dimensional Standards, shall apply, except as provided for via applicable PUD type
under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferrable Development
Rights under Article 19.
4.06 Residential 7 With Neighborhood Commercial District - R7-NC
. . .
C. Lot, Area, and Dimensional Requirements. The lot, area, and dimensional requirements shall be those
set forth in Table C-2, Dimensional Standards, for C1 Districts, except as provided for via applicable PUD type
under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or Transferrable Development
Rights under Article 19. Provisions of Article 3 and Table C-2, Dimensional Standards, may be modified by the
Development Review Board in accordance with the conditions and objectives of this Section 4.06.
LDR-22-05 Transferable Development Rights
5-2
5 COMMERCIAL DISTRICTS
5.01 Commercial 1 (C1)
. . .
5.04 Commercial 1 with Limited Retail (C1-LR)
5.05 Commercial 2 (C2)
5.06 Swift Street District (SW)
5.07 Allen Road District (AR)
. . .
5.01 Commercial 1 - C1
. . .
C. Area, Density, and Dimensional Requirements. In the Commercial 1 District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for
via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or
Transferrable Development Rights under Article 19.
. . .
5.04 Commercial 1 with Limited Retail (C1-LR)
. . .
C. Area, Density, and Dimensional Requirements. In the Commercial 1 with Limited Retail C1-LR District,
area, density, and dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except
as provided for via applicable PUD type under Article 15C or as modified by use of Inclusionary Zoning under
Article 18 or Transferrable Development Rights under Article 19.
5.05 Commercial 2 District C2
. . .
C. Area, Density, and Dimensional Requirements. In the Commercial 2 C2 District, area, density, and
dimensional requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for
via applicable PUD type under Article 15.C or as modified by use of Inclusionary Zoning under Article 18 or
Transferrable Development Rights under Article 19.
5.06 SWIFT STREET DISTRICT SW
. . .
D. Area, Density, and Dimensional Requirements. In the SW District, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards or as modified by use of Inclusionary
Zoning under Article 18 or Transferrable Development Rights under Article 19.
5.07 ALLEN ROAD DISTRICT AR
. . .
LDR-22-05 Transferable Development Rights
5-3
C. Area, Density, and Dimensional Requirements. In the AR, area, density, and dimensional
requirements shall be those shown in Table C-2, Dimensional Standards, except as provided for via applicable
PUD type under Article 15C or as modified by use of Inclusionary Zoning under Article 18 or Transferrable
Development Rights under Article 19.
LDR-22-05 Transferable Development Rights
ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations
9 SOUTHEAST QUADRANT – SEQ
. . .
9.05 Transfer of Development Rights; Sending & Receiving Areas
. . .
9.05 Transfer of Development Rights; Sending & Receiving Areas
A. Authorization and Purpose: All land within the SEQ District is provided with an Assigned Density,
which limits the total number of dwelling units originating in the SEQ District to approximately 3,800 dwelling
units less any areas identified as Hazards under these Regulations.
The Transfer of Development Rights is hereby authorized in order to encourage the conservation of open
space, natural resources, scenic views and agricultural uses, to promote well-planned residential development
in clusters within the SEQ District, and to encourage the concentration of development towards priority areas
within the City.
B. Sending and Receiving Areas. TDRs are transferred and severed from lands within designated sending
areas and transferred to and used on lands within designated receiving areas.
(1) Sending Areas. Lands within the following areas are designated as Sending Areas:
(a) Lands within the SEQ-NRP and SEQ-NRT sub-districts.
(2) Receiving Areas. Lands within the following areas are designated as Receiving Areas:
(a) Lands within the SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts;
(b) Parcels with land underlying the Urban Design Overlay District.
(c) As authorized via Planned Unit Development in accordance with Article 15.C
C. Assigned Density: For the purposes of the Transfer of Development Rights, all land in the SEQ District
is provided an Assigned Density of one point two (1.2) dwelling units and/or lots per gross acre, less any areas
identified as Hazards under these Regulations.
(1) SEQ-VC: Lots in the SEQ-VC sub-district that were in existence as of the effective date of this
Article and that are two acres or less in size shall be allowed an assigned residential density of four (4) dwelling
units to the acre.
D. Allowable Density for Development that does not Include a Transfer of Development Rights: If an
application does not use Transferrable Development Rights, the number of dwelling units that may be
developed on the parcel shall not exceed a density and a maximum number of units per structure as follows:
(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling units to
the acre and four (4) dwelling units per structure.
(3) In the SEQ-VC Subdistrict:
(a) For lots that were in existence as of the effective date of this Article and that are two acres or less
in size: four (4) dwelling units per acre
LDR-22-05 Transferable Development Rights
ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations
(b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per
structure.
E. Allowable Density for Development that Includes a Transfer of Development Rights
(1) Except as provided for in a Planned Unit Development in accordance with Article 15 .C, if a zoning permit
or subdivision application in the Southeast Quadrant Zoning District uses Transferrable Development
Rights, the number of dwelling units that may be located on a contiguous development parcel subject to
a single application or subdivision shall be increased to a maximum gross density as follows:
(a) In the SEQ-NRT, SEQ-NRN, and SEQ-NR sub-districts: One-point-eight (1.8) dwelling units to
the acre and four (4) dwelling units per structure.
(b) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling
units per structure.
Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater number
of dwelling units than those permitted in these Regulations, such approved number of units in a structure
shall remain in effect.
(2) A Planned Unit Development submitted and approved under Article 15.C of these Regulations are subject
to the density requirements therein and are eligible to use Transferable Development Rights as
enumerated therein.
(3) If a site plan or PUD outside the Southeast Quadrant Zoning District uses Transferrable Development
Rights, the maximum development density that may be located on a development parcel subject to a site
plan or PUD approval shall be increased as follows:
(a) In the Urban Design Overlay District, lot coverage indicated in Section 10.05 of these
Regulations.
F. Development Rights Necessary to Obtain Density Increase
(1) To obtain the increased residential density allowable in a receiving area, transferrable development rights
must be acquired from 0.83 acres of land in a sending area for each additional dwelling unit (excluding
accessory dwelling units) approved for development on the receiving parcel beyond the maximum
average density that would be allowable on the receiving parcel if the application did not use transferrable
development rights.
(2) To obtain the increased density allowable for a lot coverage increase in a receiving area outside of the
SEQ District, transferrable development rights must be acquired as set forth on Table 9-0.
Table 9-0: Density Rights Required to Obtain Lot Coverage Increase
Additional Lot Coverage Approved for Receiving Parcel beyond the
Maximum Lot Coverage Allowed on the Receiving Parcel is Site Plan
or PUD did not use TDRs
TDRs required from land in sending
areas
Up to 10,000 SF 0.83 acres
10,001 SF – 20,000 SF 1.67 acres
20,001 SF – 30,000 SF 2.50 acres
Each additional increment of 10,000 SF 0.83 acres
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ARTICLE 9 SOUTHEAST QUADRANT
South Burlington Land Development Regulations
G. Allowances for Affordable Housing.
(1) In the SEQ-VR and SEQ-VC sub-districts, the Development Review Board may allow residential structures
containing one or more affordable dwelling units to have two additional dwelling units, up to a maximum
of eight (8) dwelling units per structure. This provision shall not be interpreted to allow an increase in the
total allowable number of units for the project as a whole.
(2) Inclusionary dwelling units and Residential Offset Units approved pursuant to this Section and Section
18.01, shall not constitute units for the purposes of calculation of Transferable Development Rights.
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ARTICLE 10 SELECTED OVERLAY DISTRICTS TR, SVP, IHO TO, UDO
South Burlington Land Development Regulations
10 SELECTED OVERLAY DISTRICTS TR, SVP, IHO, TO, UDO
10.01 Traffic Overlay District
10.02 Scenic View Protection Overlay District
10.03 Interstate Highway Overlay District
10.04 Transit Overlay District
10.05 Urban Design Overlay District
10.05 Urban Design Overlay District (UDO)
. . .
E. Allowance for Increase Lot Coverage via supplemental On-Site Open/Civic Space or Transferable
Development Rights. For parcels with land underlying the Urban Design Overlay District, the maximum lot
coverage may be increased by up to ten (10) percentage points using one of the two methods described
below. Such allowance shall apply only to the subject lot with land underlying the Urban Design Overlay
District and not any adjacent lots and must be approved in conjunction with a site plan or Planned Unit
Development for the subject lot.
Example: For a lot in a zoning district where the maximum lot coverage as identified in Appendix C is
70%, the maximum lot coverage for said lot may be increased to 80%.
. . .
(1) Transfer of Development Rights Option. The applicant shall demonstrate compliance with each
of the following standards as part of any proposal to increase lot coverage under this subsection:
(a) Proofvision of Opurchase of TDRs or options to acquire all necessary TDRs from a designated
Sending Area in accordance with Article 19 of these Regulationsas part ofat the time of any application
using this section to the Development Review Board or Administrative Officer in accordance with
Article 9 of these Regulations.
(b) Recording of required documentation demonstrating completed transfer(s) of all necessary
TDR, in a form acceptable to the City Attorney, shall be required at a point in the development process
determined by the DRBprior to issuance of any zoning permit enabling use of increased lot coverage.
(c) Only the minimum quantity of Transferrable Development Rights necessary to satisfy the
requirements of the site plan or Planned Unit Development application may be transferred to the
receiving parcel. If the minimum quantity of TDRs results in more available lot coverage on the
receiving parcel than is required for the site plan or PUD application, that shall be noted in the decision
and may be used in a subsequent application with no additional TDR transfer.
(2) Combined Applications. In no case shall the options listed above be used in combination or in
addition to one another.
LDR-22-05 Transferable Development Rights
14-1
South Burlington Land Development Regulations
14 SITE PLAN and CONDITIONAL USE REVIEW
14.01 General Purpose
14.02 Definition of Site Plan
14.03 Uses and Actions Subject to Site Plan Review
14.04 Authority for Review of Site Plans
14.05 Application Review Procedure
14.06 General Review Standards
14.07 Specific Review Standards
14.08 [reserved]
14.09 [reserved]
14.10 Conditional Use Review: General Provisions and Standards
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
14.04 Authority for Review of Site Plans
A. Authority, Development Review Board (DRB). The DRB has the authority under these Regulations
and 24 V.S.A. § 4414 and § 4416 to:
. . .
(3) Modify a dimensional requirement under this Article or the Table of Dimensional Standards (Appendix C).
. . .
(b) Limitations. In granting a modification, In no case shall the DRB permit:
(i) the location of a new structure less than five (5) feet from any property boundary;
(ii) land development creating a total site coverage exceeding the allowable limit for the
applicable zoning district in the case of new development;
(iii) increasing the coverage on sites where the pre-existing condition exceeds the applicable
limit;
(iv) an increase in residential density above the allowed maximum in the applicable zoning
district, outside of review as Planned Unit Development (Article 15C), Inclusionary Zoning (Section
18.01) or via a Transfer of Development Rights (Article 19); or,
(v) the location of parking not in compliance with Section 14.06 (A)(2).
LDR-22-05 Transferable Development Rights
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
15.A SUBDIVISION REVIEW
. . .
15.A.11 General Standards
. . .
15.A.11 General Standards
A. Development Suitability. The applicant must demonstrate that the land to be subdivided is
physically suited for its intended use and the proposed density or intensity of development, and that the
proposed subdivision will not result in undue adverse impacts to public health and safety, environmental
resources as identified and regulated under Article 12, neighboring properties and uses, or public facilities
and infrastructure located on or within the vicinity of the land to be subdivided.
(3) Buildable Area Calculations. The allowed number of building lots or dwelling units within the
subdivision shall be calculated based on the Buildable Area of the parcel or tract to be subdivided
except as otherwise specified for a Transect Zone Subdivision under Article 8, a Planned Unit
Development under Article 15.C; and as provided for the transfer of development rights under Article
19, or affordable housing offsets, bonuses, or incentives under Article 18.
(a) Any proposed alteration of the existing grade to create developable building lots,
including land excavation or fill, must meet the standards of Section 14.11 (Alteration of Existing
Grade), Article 16 (Construction and Erosion Control) and other applicable resource protection,
flood hazard area and stormwater management standards under these Regulations.
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ARTICLE 15.C PLANNED UNIT DEVELOPMENT
South Burlington Land Development Regulations
15.C PLANNED UNIT DEVELOPMENT
. . .
15.C.04 Standards Applicable to All PUD Types
15.C.05 Conservation Development
15.C.06 Traditional Neighborhood Development
15.C.07 General PUD
. . .
15.C.04 PUD Standards Applicable to All PUD Types
. . .
D. Development Density.
. . .
(7) Maximum Development Density. The maximum development density allowed within any PUD
except a Conservation PUD shall be determined based on the total buildable area, proposed land use
allocations by use category, the allowed mix of building types, and associated building lot standards as
specified by PUD type.
(a) The DRB may allow for an increase in the overall density of residential development within
a designated Residential or Mixed Use area, for example through adjustments or modifications to
the required housing mix, allowed housing types, or associated building lot or height standards,
as necessary to accommodate the following:
(i) The purchase and transfer of development rights from land within designated sending
areas under Article 19 the SEQ-NRP or SEQ-NRT Subdistrict (Section 9.05 Transfer of
Development Rights).
(ii) The incorporation of offset housing units under inclusionary zoning (Section 18.01
Inclusionary Zoning).
(iii) The incorporation of additional housing units awarded as an incentive for affordable
housing development under Section 18.01 Inclusionary Zoning).
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15.C.05 CONSERVATION DEVELOPMENT
15.C.05 Conservation Development
. . .
E._____Conservation PUD Sub-Zones. A Conservation PUD must include the following Sub-Zones, as
designated on the PUD Master Plan, and as more specifically identified and delineated on preliminary and
final subdivision plans and plats:
(1) Conservation Area. A Conservation PUD must include one or more designated “Conservation Areas”
which at minimum comprise 70% of the total tract or parcel area; and which, to the maximum extent
physically feasible, are contiguous or linked to resource or other open space areas located on adjacent
parcels or in the immediate vicinity of the proposed PUD.
(a) The designated Conservation Area(s) must include and incorporate:
(i) Hazards, as defined and regulated under Article 12 (Table 12-01) which, as unbuildable land,
are not eligible for or subject to the transfer of development density.
(ii) Level I Resources, as defined and regulated under Article 12 (Table 12-01) which, within a
Conservation PUD, are eligible for and subject to the transfer of development rights. In
meeting the minimum 70% allocation requirement, Level I Resources are to be given priority
for inclusion within a designated Conservation Area.
. . .
(b) In the SEQ District, a Conservation Area may also include and incorporate a portion of the tract or
parcel located within the SEQ-NRP Sub-District, as eligible for the transfer of development rights
either within the Conservation PUD, or to another designated receiving area under Article
19Section 9.05 (Transfer of Development Rights).
. . .
F._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density
provisions under Section 15.C.04, for a Conservation PUD:
. . .
(3) Supplemental Housing Units. Additional, supplemental housing units are allowed by right or
may be included within the designated Development Area as necessary to achieve the Minimum
Density of residential development required under (4) below; or to achieve the Maximum Residential
Density allowed by zoning district under (5). Supplemental Housing Units include:
(a) Offset housing units granted by right for any required Inclusionary Dwelling units
pursuant to Section 18.01;
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15.C.05 CONSERVATION DEVELOPMENT
(b) Bonus housing units awarded for the provision of additional affordable housing pursuant
to Section 18.01; and
(c) Housing units associated with the receipt transfer and purchase of transferrable
development rights pursuant to Article 19(Section 9.05).
. . .
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15.C.07 General PUD
. . .
H. Development Density.
(1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to
General PUDs.
(2) Development density within a General PUD is determined by maximum development density
in the underlying zoning district, except as follows.
(a) Density can be re-allocated within the PUD area within single zoning districts;
(b) Additional density may be achieved through either or both Inclusionary Zoning and
application of Transferrable Development Rights where specifically authorized by and as
regulated by Section 18.01 or Article 19Section 9.05.
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ARTICLE 18 HOUSING STANDARDS
South Burlington Land Development Regulations
18. HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 [Reserved]
18.03 Housing Preservation
18.01 Inclusionary Zoning
. . .
J. Maximum Density Achievable with Inclusionary Zoning and Transferable Development Rights
(1) Maximum density in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary Zoning
offsets or bonuses, or a combination of TDRs and Inclusionary Zoning.
(2) Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table 19-1.
LDR-22-05 Transferable Development Rights
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
[ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT]
19. TRANSFERABLE DEVELOPMENT RIGHTS
19.01 Authority & Purpose
19.02 Severance of Transferable Development Rights
19.03 Receipt of Transferable Development Rights
19.04 Determination of Transferable Development Rights
19.01 Authority & Purpose
A. Authority. The City of South Burlington has the authority under 24 V.S.A. § 4423 to establish
bylaws governing the Transfer of Development Rights (“TDRs”). TDRs are hereby authorized in
order to encourage the conservation of open space, natural resources, scenic views and
agricultural lands, and to direct development to priority areas within the City.
B. Purpose. The purpose of this section is to regulate the use of TDRs to encourage preservation of
open space. Specifically, it is the intention of this section to regulate the transfer of
development rights from areas where land conservation is a priority to priority areas for
development within the City.
19.02 Severance of Transferable Development Rights
A. Sending Areas and Sending Properties.
1. Sending Areas. Lands within the following areas are designated as Sending Areas:
a. Lands within the following districts: SEQ-NRP and SEQ-NRT
B. Assigned Density and Severing Rights: For the purposes of Transferable Development Rights,
lands are provided an Assigned Density.
1. The Assigned Density is determined by zoning district:
a. In the SEQ District, except as provided in 19.02B(1)(b), all land is provided an
Assigned Density of one point two (1.2) dwelling units and/or lots per gross acre,
less any areas defined as Hazards under these Regulations.
b. In the SEQ-VC Subdistrict, lots that were in existence as of the effective date of this
Article and that are two acres or less in size shall be allowed an assigned residential
density of four (4) dwelling units per gross acre.
2. TDRs must be severed as whole numbers. Less than one TDR cannot be severed, therefore a
minimum of development rights from 0.83 acres can be severed from a sending property.
3. Severance of development rights from each 0.83 acres will equal one TDR for receipt on a
receiving property.
4. Any property within a sending area that has not fully utilized its development rights is
eligible to be a sending property.
C. Process for Severing Development Rights
LDR-22-05 Transferable Development Rights
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
1. Severance of development rights occurs when the owner of the sending property executes a
deed of severance.
2. Deeds of severance must include the written determination by the Administrative Officer
indicating the number of development rights being severed and the number of development
rights remaining on the property.
3. The deed of severance must be recorded in the City of South Burlington’s Land Records.
4. The deed of severance shall be in a form that is approved by the City Attorney and must
recite that it is a conveyance under 24 V.S.A. 4423 and recites the number of acres affected,
as required by 24 V.S.A. 4423(b)(3).
5. Severance of development rights must include a perpetual conservation easement granted
to the City of South Burlington under 10 V.S.A. ch. 155.
a. The conservation easement must be recorded in the City of South Burlington Land
Records.
b. The conservation easement shall limit the possible uses of the affected area of the
sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized
recreation.
19.03 Receipt of Transferable Development Rights
A. Receiving Areas and Receiving Properties.
1. Receiving Areas. Lands within the following areas are designated as Receiving Areas:
a. All districts listed in Table 19-1.
B. Receiving Development Rights
1. All properties within a receiving area are eligible to receive TDRs, up to the maximum
density increases in Table 19-1.
2. TDRs must be received as whole numbers.
3. Density increases on a receiving property may include an increase in lot coverage, building
coverage, or allowed residential density (by number of residential units allowed), allowed by
zoning district in Table 19-2.
4. TDRs can be used for any combination of density increases as allowed by the zoning district
in Table 19-2 on a single property.
C. Process for Receiving Development Rights
1. Receipt of transferable development rights occurs when the owner of a receiving property
executes a deed of receipt attaching the development right(s) to the receiving property.
2. The DRB shall have discretion to determine when an applicant must receive development
rights on a property to enable approval or construction of additional units.
3. A deed of receipt must be recorded in the City of South Burlington Land Records, including
the number of TDRs applied to the property.
4. The deed of transfer shall be in a form that is approved by the City Attorney, and must recite
that it is a conveyance under 24 V.S.A. 4423.
5. Nothing in this Article precludes combination of a deed of severance and deed of receipt.
LDR-22-05 Transferable Development Rights
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
6. Any transfer of development rights to a receiving property pursuant to this Article only
authorizes a density increase. It does not alter any other regulations applicable to the
receiving property.
D. Maximum Density Achievable through Transferrable Development Rights and Inclusionary
Zoning
1. Maximum density in Table 19-1 can be achieved through receipt of TDRs, use of Inclusionary
Zoning offsets or bonuses, or a combination of TDRs and Inclusionary Zoning.
2. Total density through use of TDRs and Inclusionary Zoning cannot exceed the limits in Table
19-1.
Table 19-1 Maximum Density Increases with TDRs
Zoning District(s) Max. Allowable Density
through TDRs and/or
Inclusionary Zoning
Max. Allowable Building and Lot
Coverage
C1-R15, C1-Auto, C1-R12, C2 No maximum 10 percentage points above existing
maximum
C1-LR, AR, SW 50% more than base
density
10 percentage points above existing
maximum
R12, R7-NC, R7 within the
Transit Overlay District only
50% more than base
density
10 percentage points above existing
maximum
SEQ-NRT, SEQ-NRN, and SEQ-
NR
For development that is
not a Planned Unit
Development, 1.8 dwelling
units per gross acre, and 4
dwelling units per structure
For development that is a
Planned Unit Development,
as authorized within Article
15.C
-
SEQ-VR and SEQ-VC For development that is
not a Planned Unit
Development, 8 dwelling
units per gross acre, and 6
dwelling units per structure
For development that is a
Planned Unit Development,
au authorized within Article
15.C
-
Table 19-2 Density Increases per TDR Received
Zoning District(s) Increase in Residential
Density per TDR
Increase in Lot and Building Coverage
per TDR
LDR-22-05 Transferable Development Rights
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
South Burlington Land Development Regulations
C1-R15, C1-Auto, C1-R12, C2 1 dwelling units 10,000 SF
C1-LR, AR 1 dwelling units 10,000 SF
R12 with Transit Overlay
District
1 dwelling unit 10,000 SF
SW 1 dwelling unit 5,000 SF
R7-NC, R7 within Transit
Overlay District
1 dwelling unit 5,000 SF
SEQ-NR, SEQ-NRT, SEQ-NRN,
SEQ-VR, SEQ-VC
1 dwelling unit -
19.04 Determination of Transferable Development Rights
A. Recording System. The City shall establish and maintain a system for recording and monitoring
the severance, ownership and receipt of transferable development rights.
B. Administrative Authority. The Administrative Officer has authority to determine the
development rights available.
C. Application Requirements. An application for a determination of the development rights
available to be severed from a sending property must include:
1. Completed application form(s).
2. A tax map, plat, or site plan showing the boundaries of each lot, tract or parcel from which
development rights are sought to be severed.
3. Hazards delineation or affirmation pursuant to Article 12.
4. Determination of the existing zoning of the property.
5. A copy of the deed for the sending property.
6. A calculation of the number of development rights available to be severed from the
property and the number of those development rights proposed to be severed.
7. All applicable fees.
D. Calculation of Development Rights. Development rights shall be calculated to the nearest whole
number. Where the application of this formula results in a fractional dwelling unit, that
fractional dwelling unit shall be rounded to the nearest whole number (fractions that are
greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal
to n.50 but less than n+1.00 are rounded up).
LDR-22-05 Transferable Development Rights
APPENDIX C USES and DIMENSIONAL STANDARDSTABLE C‐2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS (WITHOUT PLANNED UNIT DEVELOPMENT)Buildings onlyBuildings, parking and all other impervious surfacesFront(s) Side yard(s) Rear Accessory Principal (flat)Principal (pitched)Stories Facing StreetStories Below RooflineRoofline Stories [see section 3.07(B)]Total StoriesIA‐N ALL 10 acres 20% 40% 75 50 50 15 35 40IA‐S ALL 10 acres 10% 20% 75 50 50 15 35 40PR ALL none 15% 25% 40 15 30 15 35 40MU ALL none 30% 70% 40 15 30 15 35 40Single‐family9,500 SF (1.2) 20% 40% 20 10 30 15 25 28 2 3 1 4Two‐family12,000 SF (1.2)20% 40% 20 10 30 15 25 28 2 3 1 4Multi‐family6,000 SF/unit (4)20% 40% 20 10 30 15 25 28 2 3 1 4All other uses40,000 SF (1.2)15% 30% 20 20 30 15 25 28 2 3 1 4Single‐family9,500 SF (1.2) 20% 40% 20 10 30 15 25 28 2 3 1 4Two‐family12,000 SF (1.2)20% 40% 20 10 30 15 25 28 2 3 1 4Multi‐family6,000 SF/unit (4)20% 40% 20 10 30 15 25 28 2 3 1 4All other uses40,000 SF (1.2)15% 30% 20 20 30 15 35 40 3 3 1 4Single‐family9,500 SF (1.2) 20% 40% 20 40% 30 15 25 28 2 3 1 4Two‐family12,000 SF (1.2)20% 40% 20 10 30 15 25 28 2 3 1 4Multi‐family6,000 SF/unit (4)20% 40% 20 10 30 15 25 28 2 3 1 4All other uses40,000 SF (1.2)15% 30% 20 20 30 15 30 35 3 3 1 4Single‐family 7,500 SF (4) 20% 40% 10 5 10 15 25 25 2 3 1 4Two‐family 12,000 SF (4) 20% 40% 10 5 10 15 25 25 2 3 1 4Multi‐family6,000 SF/unit (4)20% 40% 10 5 10 15 25 25 2 3 1 4Non‐residential uses12,000 SF 20% 40% 10 10 101525 25 2 3 1 4Single‐family 12,000 SF (4) 20% 40% 20 10 30 15 25 25 2 3 1 4Two‐family12,000 SF/unit (4)20% 40% 20 10 30 15 25 25 2 3 1 4R1‐Lakeview All 14,000 SF (3) 20% 40% 20 10 30 15 25 25 2 3 1 4R1 All 40,000 SF (1) 15% 25% 50 25 30 15 25 28 2 3 1 4Single‐family 22,000 SF (2) 20% 40% 30 10 30 15 25 28 2 3 1 4R2Maximum site coverage:Maximum Building HeightStandard setbacks (feet):SEQ‐NRP, NRT, NRN* and NRQCPDistrict Land UseSEQ‐VRLNSEQ‐VCMinimum lot size (max. residential density in dwelling units per acre)**South Burlington Land Development RegulationsLDR-22-05 Transferable Development Rights
APPENDIX C USES and DIMENSIONAL STANDARDSBuildings onlyBuildings, parking and all other impervious surfacesFront(s) Side yard(s) Rear Accessory Principal (flat)Principal (pitched)Stories Facing StreetStories Below RooflineRoofline Stories [see section 3.07(B)]Total StoriesMaximum site coverage:Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max. residential density in dwelling units per acre)**Two‐family 22,000 SF (2) 20% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family11,000 SF/unit (2)20% 40% 30 10 30 15 25 28 2 3 1 4R4 Single‐family 9,500 SF (4) 20% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 12,000 SF (4) 20% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family6,000 SF/unit (4)20% 40% 30 10 30 15 25 28 2 3 1 4Non‐residential uses40,000 SF 30% 60% 30 10 30 15 25 28 2 3 1 4R7 Single‐family 6,000 SF (7) 30% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 10,000 SF (7) 30% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family6,000 SF/unit (4)30% 40% 30 10 30 15 25 28 2 3 1 4Non‐residential uses40,000 SF 40% 60% 30 10 30 15 25 28 2 3 1 4R12 Single‐family 6,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 8,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family3,500 SF/unit (12)40% 60% 30 10 30 15 35 40Non‐residential uses40,000 SF 40% 60% 30 10 30 15 35 40R7‐NC All residential usesAll non‐residential uses12,000 SF 40% 70% 30 10 30 15 35 40Multi‐family 3,500 SF/unit (C1‐R12); 2,900 SF/unit (C1‐R15)40% 70% 30 10 30 155All other uses 40,000 SF 40% 70% 30 10 30 155C1‐Auto Multi‐family 3,500 SF/unit (15) 40% 70% 30 15 30 155All other uses 40,000 SF 40% 70% 30 15 30 155C1‐AIR All 40,000 SF 40% 70% 30 15 30 15 35 40Single‐family 6,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 8,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family 3,500 SF/unit (12) 40% 70% 30 10 30 15 35 40C1Same as R7 standardsC1‐LRSouth Burlington Land Development RegulationsLDR-22-05 Transferable Development Rights
APPENDIX C USES and DIMENSIONAL STANDARDSBuildings onlyBuildings, parking and all other impervious surfacesFront(s) Side yard(s) Rear Accessory Principal (flat)Principal (pitched)Stories Facing StreetStories Below RooflineRoofline Stories [see section 3.07(B)]Total StoriesMaximum site coverage:Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max. residential density in dwelling units per acre)**Non‐residential uses20,000 SF 40% 70% 30 10 30 15 35 40Single‐family 6,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 8,000 SF (12) 30% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family 3,500 SF/unit (12) 40% 70% 30 10 30 15 35 40Non‐residential uses20,000 SF 40% 70% 30 10 30 15 35 40Single‐family 6,000 SF (7) 30% 40% 30 10 30 15 25 28 2 3 1 4Two‐family 10,000 SF (7) 30% 40% 30 10 30 15 25 28 2 3 1 4Multi‐family 6,000 SF/unit (7) 30% 40% 30 10 30 15 35 40Non‐residential uses20,000 SF 40% 70% 30 10 30 15 35 40Multi‐family 6,000 SF/unit (7) 40% 70% 30 10 30 15 35 40All other uses 40,000 SF 40% 70% 30 10 30 15 35 40IC All 40,000 SF 40% 70% 30 10 30 15 35 40AIR All 3 acres 30% 50% 50 35 50 15 35 40AIR‐I All 3 acres 30% 50% 50 35 50 15 35 40IO All 3 acres 30% 50% 50 35 50 15 35 40City Center FBC District** Where minimum lot size is established as SF per unit, the per‐unit lot size shall automatically be adjusted to accommodate inclusionary offset and bonus units granted via Article 18 and use of TDRs under Article 19* See Article 9 for additional dimensional standards in the SEQ‐NRN subdistrict. Where a conflicts exists, the more restrictive shall apply.Please see Article 8, City Center FBC DistrictARC2SWSouth Burlington Land Development RegulationsLDR-22-05 Transferable Development Rights
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing ???, 2022, 7:00 PM
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Tuesday, ??? at 7:00 pm, in
person and via electronic platform, to consider the following amendments to the South Burlington Land
Development Regulations:
A. LDR-22-05: Update the regulation of Transferable Development Rights (TDRs), including, but not
limited to, expanding the receiving areas for TDRs, assigning value for TDRs, and updating process
for sending and receiving TDRs
B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
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A. LDR-22-05: Update the regulation of Transferable Development Rights (TDRs), including, but not
limited to, expanding the receiving areas for TDRs and updating process for sending and receiving
TDRs
Brief explanation of the proposed amendment:
This amendment updates the existing Transferable Development Rights program. It expands the
areas where TDRs can be received to areas outside the SEQ districts to the City’s medium and
higher-density residential and mixed use zoning districts along transit-served areas, establishes how
TDRs can be used and maximum use of TDRs in all areas where they can be received, and outlines
the process for severing TDRs from a property and receiving them on a property.
Findings Concerning the Proposed Amendments
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
The proposed TDR program updates are intended to support the land use pattern envisioned by
the 2016 Comprehensive Plan. This includes increasing residential density along corridors with
transit lines and municipal services, and conserving land in appropriate areas of the City.
Specifically, the updated program expands the receiving areas for TDRs to zoning districts that
already have higher residential densities and/or existing transit, like the districts along much of
Shelburne Road and medium-density residential areas in the Transit Overlay District. The
designation of sending areas in the SEQ allow for greater conservation of those areas with
compensation to the current landowners. These updates are intended to foster greater housing
variation and affordability in the City in areas where additional development is supported by
infrastructure, and directing it away from areas where it is not.
The 2016 Comprehensive Plan includes several goals and policies, described in the Plan as
objectives and strategies:
Comprehensive Plan Objectives:
• Objective 2: Offer a full spectrum of housing choices that includes options affordable to
households of varying income levels and seizes by striving to meet the housing targets set
forth in this Plan.
• Objective 3: Foster the creation and retention of a housing stock that is balanced in size and
target income level, is representative of the needs of households of central Chittenden
County, and maintains an efficient use of land for use by future generations.
• Objective 4: Support the retention of existing and construction of new affordable and
moderate-income housing, emphasizing both smaller single-family homes and apartments,
to meet demand within the regional housing market.
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• Objective 5: Build and reinforce diverse, walkable neighborhoods that offer a good quality of
life by designing and locating new and renovated housing in a context-sensitive manner that
will facilitate development of a high-density, City Center, mixed-used transit corridors, and
compact residential neighborhoods.
• Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality
of life by designing and locating new and renovated development in a context-sensitive
manner.
• Objective 31: Conserve, restore and enhance biological diversity within the City, through
careful site planning and development that is designed to avoid adverse impacts to critical
wildlife resources, and that incorporates significant natural areas, communities and wildlife
habitats as conserved open space.
• Objective 36: Conserve productive farmland and primary agricultural soils within the City.
• Objective 39: The majority of all new development will occur within the Shelburne Road,
Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service
area.
• Objective 40: Prioritize development that occurs within the community into the higher
intensity areas identified within this Plan.
Comprehensive Plan Strategies:
• Strategy 4: Implement a variety of tools and programs to foster innovative approaches to
preserving and increasing the City’s supply of affordable and moderate income housing.
Potential tools should be explored and could include form-based codes that would allow a
variety of residential and mixed use building types, transferable development rights,
neighborhood preservation overlay districts, household definition regulations, inclusionary
zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing
retention ordinance.
• Strategy 5: Increase the supply of safe and affordable rental housing by allowing higher-
density, mixed- use and mixed-income development within City Center and transit corridors,
allowing multi- unit housing within transitional zones between residential neighborhoods
and commercial/ industrial land uses.
• Strategy 7: Accommodate compatible infill and additions to homes in existing
neighborhoods.
• Strategy 8: Explore innovative land development regulations that allow for a range of
residential building and neighborhood types, including but not limited to cottage housing,
clustered housing and infill residential development.
• Strategy 10. Develop strategies that can lead to the availability or development of more
housing that is affordable to middle income, working residents and families in the City. Work
through the CCRPC with surrounding communities to increase the inventory of housing that
is more affordable to families. Consider development of a program that enables “empty
nesters” occupying “family” sized housing to comfortably downsize into a multi-family unit
that may be available nearby keeping them in their neighborhood but freeing the former
home up for new generations of young families.
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• Strategy 12. Promote the construction of new homes - particularly affordable and moderate-
income units - that are highly energy-efficient, and upgrades to existing homes to make
them more energy-efficient, which will reduce residents’ overall cost of living and contribute
to housing affordability.
• Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units - 840
housing units affordable to households earning up to 80% of the AMI and 240 housing units
affordable to households earning between 80% and 120% of the AMI.
Comprehensive Plan Ongoing Activities
• Continue to refine the City’s Land Development Regulations to promote the Plan’s goals and
objectives.
• Continue to facilitate the use of transfer of development rights within the SEQ zoning
district to achieve the smart growth objectives for the SEQ.
• Continue to allow neighborhood areas with a buildable density of between four and eight
units per acre, using development rights transferred from areas in the SEQ designated for
conservation or protection.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The TDR program updates allow for greater density of residential uses in areas indicated
medium to higher intensity use in the Comprehensive Plan, while implementing greater
conservation in the areas indicated for very low or low intensity use. For example, many
receiving areas are centered on Shelburne Road, parts of Willison Road, Hinesburg Road, and
similar, along with associated transitional areas, where “medium to higher intensity – mixed
use” and “medium intensity – residential to mixed-use” future land uses are indicated. Sending
areas are planned as “very low intensity – principally open space” and “lower intensity –
principally residential”. These are all indicated on Map 11: Future Land Use in the 2016
Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
This proposed amendment does not relate directly to any planned community facilities.
However, it intends to incentivize development in areas where municipal infrastructure exists
and community facilities also exist.
B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering
Brief explanation of the proposed amendment:
Table in 13.03 of the LDRs related to bicycle parking: In Section 13.03 of the LDRs, the table
governing the number of bicycle parking spaces lists “uses” that are not identical to the uses listed in
the Table of Uses in Appendix C. The amendment is to clearly indicate which uses require 1 bicycle
space per 20,000 SF and which require 1 bicycle space per 5,000 SF.
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Move Section 15.A.20 (Performance Bonds) to Article 17: This amendment moves performance
bonds from Subdivision to Administration to be clear it can apply in circumstances beyond
subdivisions, as is the case in several instances.
Re-letter Section 13.05 to correct double “A” subsections: In Section 13.05, there are two
subsections labeled “A”. In a prior version of the LDRs, when stormwater management standards
were contained in Article 12, the “Applicability” section was contained in “B. Scope and
Applicability” and the language under that section included internal references that persist in the
new 13.05.
Delete 17.04C Subdivision Approvals header: Section 17.04 contains a subsection A labeled
“Subdivision Approvals. [reserved]” that is no longer needed and is a vestige of former state
enabling statutes. It is currently a duplicate “A” that should be labeled “C” as in the previous version
of the LDRs.
Modify Appendix E to specify submission requirements for Final Plat for Minor Subdivisions, and for
solar-ready roofs.
Findings Concerning the Proposed Amendments
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The proposed changes are technical in nature and service only to clarify the LDR.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed changes are technical in nature and service only to clarify the LDR.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The proposed changes are technical in nature and service only to clarify the LDR.
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Kelsey Peterson, City Planner
Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: For June 14, 2022 Planning Commission meeting
1. Comprehensive Plan: Existing and Proposed Structure
The 2016 Comprehensive Plan was structured into four overarching sections: Introduction, Community
Assessment, Future Land Use, and Attachments (including maps). Under those sections, the Plan followed the
following outline (split into two columns for space).
1. Introduction
a. Vision & Goals
b. City Description
c. Plan – authority, process, history
d. Implementation
2. Community Assessment
a. Identity
b. Social Infrastructure
• Population
• Housing
• Economy
• Community Facilities and Services
• Quality of Life
c. Gray Infrastructure
• Transportation
• Public Utilities
• Energy
• Resource Extraction
d. Blue Infrastructure
• Surface and Ground Water Resources
• Stormwater
• Potable Water
• Wastewater Treatment
e. Green Infrastructure
• Ecological Resources
• Historic and Cultural Resources
• Recreation Resources
• Agricultural Resources
f. Achievements and Ongoing Actions
3. Future Land Use (called Land Use Plan)
a. Current Land Use
b. Future Land Use
c. Compatibility
4. Attachments (called References and Resources)
Many of these topics are required to be in the Comprehensive Plan per Vermont state law under 24 VSA
4382, including “a statement of objectives, policies, and programs of the municipality to guide the future growth
and development of land, public services, and facilities, and to protect the environment”, “[a] land use plan”, a
description of present land use and prospective development, indication of forest blocks and habitat connectors
and their management, a transportation plan including existing and proposed transportation networks and uses,
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“[a] utility and facility plan” describing present and prospective community and public facilities, “[a] statement
of policies on the preservation of rare and irreplaceable natural areas, scenic and historic features, and
resources”, “[an] educational facilities plan”, a program for implementation of the plan, relationship of the plan
to regional trends, “[an] energy plan”, a description of a “housing element” including discussion of affordable
housing and accessory dwelling units, an “economic development element” describing current conditions and
future desired conditions, and “[a] flood resilience plan”.
Many of the current Comprehensive Plan sections satisfy one or more of these required areas. For that
reason, Staff recommends that these topics remain the topics in the 2024 Comprehensive Plan, with the
following possible rearrangement to better reflect the City’s priorities.
1. Introduction
a. Vision & Goals
b. City Description
c. Plan – authority, process, history
d. Implementation
2. Community Assessment & Strategies
a. Identity
b. Community
• Building Community
• Equity
• Population
• Housing
• Economy
• Community Facilities and Services
c. Built Infrastructure
• Transportation
• Public Utilities
• Energy
• Resource Extraction
• Stormwater
• Potable Water
• Wastewater
d. Land Resources
• Ecological Resources
• Historic and Cultural Resources
• Recreation Resources
• Agricultural Resources
• Surface and Groundwater Resources
• Forest Blocks & Habitat
• Flood Resilience
e. Achievements and Ongoing Actions
3. Future Land Use (called Land Use Plan)
a. Current Land Use
b. Future Land Use
c. Compatibility
4. Attachments (called References and Resources)
The most significant proposed change is to orient the Plan more towards people and families and not an
abstract “built environment”, through title changes and the additions of “building community” and “equity.”
Staff would be open, as work on the plan evolves, to identify more ways in which the titles of these sections, and
the content itself, to orient in that direction if the Commission agrees.
The other major changes are that the sections have been renamed to “Community,” “Infrastructure,”
and “Resources”; the “blue” category has been removed and its subtopics divided into Infrastructure and
Resources, and Equity, Forest Blocks & Habitat, and Flood Resilience have been added as independent subtopics.
Staff felt these better reflected the City’s broad priorities. These topics and subtopics will contain much of the
existing information from the 2016 Comprehensive Plan and will be updated for the past decade of change.
Further, the topics and subtopics can be rearranged.
The Planning Commission can also choose to include Climate Change as a topic or subtopic, but
preliminary feedback from the Commission back in March, which staff concurs with, is that because it touches so
many of the topics and should run through the whole plan, Staff recommends that it be included in the Vision &
Goals and then referenced constantly throughout the plan instead of being isolated to a single topic or subtopic.
At this point, Staff would like the Commission to confirm the proposed structure for the 2024
Comprehensive Plan, or to give specific feedback about what changes should be made. This is not about the
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exact content of the topics, but instead to confirm that the topics themselves and the structure of the plan are
still valid.
Proposed Action: Vote to confirm the proposed structure with or without edits. [note that this may continue to
evolve].
2. Comprehensive Plan: Key Topics
As staff works to prepare the detailed schedule and resourcing for the next year’s work, we would like to
have the Commission help to identify – at least preliminarily – what some of the “key topics” that should be
addressed in this plan are to include. Undoubtably, the public outreach will reveal more, but this preliminary
discussion will help us to allocate time and resources to topics that merit special attention in this Plan
update. Our starting list is as follows:
• Addressing Climate Change (mitigation, resiliency, adaptation)
• Creating greater emphasis on people, community, and equity
• The Chamberlin neighborhood & its interface with the Airport
• Creating greater measurability in the Plan’s Objectives
• Assuring consistency of objectives and policies within the Plan
• Addressing housing and affordability
• Addressing economic activity and resiliency
As a part of this, we will be collecting and providing demographic, employment, housing, and land use data.
Recommendations on specific analyses are welcome; we’ll provide an outline of this short.
And finally, for the Commission’s overall knowledge, we will be integrating the work of a number of completed
studies into the Plan, as was done in 2016. As each section moves forward, these will be addressed and
referenced. The City’s library of completed studies is posted to our website.
Action: Discussion by the Planning Commission of areas of special attention for 2024 Comprehensive Plan.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
10 MAY 2022
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The South Burlington Planning Commission held a regular meeting on Tuesday, 10 May 2022, at 7:00
p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology.
MEMBERS PRESENT: J. Louisos, Chair; M. Ostby, M. Mittag, D. Macdonald, P. Engels, A. Chalnick
ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planner; C. Marti, A.
Adams, A. Klugo, J. Leas, D. Peters, M. Emery, S. O’Brien, C. Sargent, K. Robison, A. Chalnick, L. Lackey, N.
Longo, C. McGeoch, D. Carman, S. Losier
1. Instructions on exiting the building in case of an emergency:
Ms. Louisos provided instructions on emergency exit from the building.
2. Agenda: Additions, deletions or changes in order of agenda items:
Members agreed to postpone item #5 (election of a Vice Chair) until all members were present.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Ms. Ostby noted that in Minneapolis they have eliminated R-1 zoning in an effort to address
segregation. She also reported on an item from VPR regarding the difficulty of retrofitting multi-family
buildings for electric vehicle usage.
5. Receive and Discuss Recommendation from Airport Rezoning Task Force:
Ms. Robison and Ms. Sargent presented the report of the Task Force. They reviewed the composition of
the Task Force and noted the contribution of each member. They also stressed the importance of a
canvasing of the Chamberlin Neighborhood. The Task Force met 8 times over a 5-month period, two of
which were public input meetings which included input from the neighborhood and the Airport. Ms.
Robison stressed that the decision to deny the request was unanimous and was viewed as the best way
to protect and rebuild the neighborhood that has been so damaged. Members felt that what is true
today may not be true in the future and cited the instance of the Kirby Road Cottages as an example of a
change in the noise pattern which now allows those cottages to be residences again. The feeling was
that the F35s may not be stationed here forever, which could open up those lands to residential use
again.
Ms. Ostby directed attention to page 4 of the report which includes the commitment to restoring and
maintaining the vibrancy of the Chamberlin neighborhood. She noted that R-4 zoning co-existing with
the Airport for many years, and it was clear to her that it needed to be maintained.
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Mr. Engels said that was most critical for him was the testimony of neighbors and the strong message
that they have been ignored. He noted that a plan put forward in 2016 was never implemented and
added that issues with the Airport and the Chamberlin neighborhood are paramount as work begins on
the update of the city’s Comprehensive Plan.
Mr. Mittag then moved to accept the Final Report of the Airport Rezoning Task Force, dated May 3,
2022, to formally thank the Task Force for its work, and to dissolve the Task Force as of today’s date,
May 10, 2022. Mr. Chalnick seconded. Motion passed with all present voting in favor.
Mr. Macdonald thanked the Task Force and said that the last paragraph of the report struck home with
him and was excellent guidance for the Planning Commission.
Ms. Ostby said she would like the Commission to look at the Williston Road area near the Airport with a
goal of supporting business there.
Mr. Longo, Acting Airport Director, thanked the Task Force for hearing their request. He felt the amount
of information provided was exceptional. Mr. Longo noted that a new maintenance facility was part of
the Airport’s request, and they are now realigning that facility to be within the airfield. They have
preliminary FAA approval for that. They will be bringing that design to the DRB. Mr. Longo stressed that
they have heard the Task Force and the neighbors “loud and clear,” and want to maintain that green
space for the neighborhood. The Airport has an extensive landscaping plan and would like to carry that
plan across the street from the parking garage to the property in question and to commit that property
for use of the neighbors. They also want to build a collaborative plan for the area and for healthy,
respectful growth in that neighborhood. Mr. Longo said the Airport will also be working on its plans to
draw back and to grow within the fence line. He added, “this is your airport,” and he looks forward to
working with the city staff and with the residents.
Mr. Leas said there must be a way to lower the noise level and restore housing on some of the 44 acres
where housing was demolished. He felt it could be possible to respectfully ask the Air Force to remove
the F35s , which would make the noise negligible, and the Airport could “make a fortune.”
Ms. McGeoch noted that she and her neighbors have been awakened at 3 a.m. by the F35s, which, in
one instance, sent a neighbor to the hospital with AFib.
Mr. Mittag then moved that the Planning Commission deny the Burlington International Airport request
to rezone an 11 acre area near Airport Parkway and Kirby Road Extension which area shall remain R-4 as
currently zoned. Ms. Ostby seconded. Motion passed unanimously.
Mr. Engels said the 2016 CNAPC report should be reviewed as part of the Comprehensive Plan. Mr.
Conner said that in July and August, the Commission will be discussing items that did not get into the
current Comprehensive Plan. Ms. Ostby said that discussion should include the restoration of housing in
that area.
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Ms. Louisos thanked the Task Force for a great process. Ms. Sargent cited the gratitude of the residents
of the Chamberlin neighborhood that someone finally listened to them. She hoped this would be a fresh
start.
6. FY2023 Priorities – discussion and action on FY2023 priorities:
Mr. Conner said the City Council, as they did last fall, will be having a session with the leadership team
and will look at all recommendations from committees, etc., to come up with priorities for the coming
fiscal year. That same day, the Council will have a visioning session with the Planning Commission to
confirm that vision for the city. The City Manager is working to see what date works best. Ms. Louisos
said tonight’s discussion is to give the Council some thoughts for that discussion.
Ms. Peterson directed attention to the provided chart of potential work items and noted that 50-60%
relate to Comprehensive Plan work. Others are regulatory or new/renewed policy topics. Some of the
suggestions from members did not make the list due to time constraints. Mr. Conner noted the
Comprehensive Plan must be done by August, 2023, so it can go through the full process. Members
asked that the Chamberlin neighborhood be a line item in the Comprehensive Plan.
Ms. Ostby said that in previous Comprehensive Plans there was a statement regarding the Grand List.
She thought they may need to refer to that again as there is potential action in Montpelier with regard
to a per pupil education tax which could result in significantly increased taxes in the community. She
also suggested someone with more information come in and have that discussion with the Commission.
Mr. Chalnick said it seems burdensome to him that someone who just wants to build a few homes
instead of a large development should need a master plan. Ms. Ostby said they should ask the DRB
whether that has been a challenge. Ms. Peterson said that is already being flagged, and those
discussions happen regularly in the Planning & Zoning Department. Mr. Conner added that the DRB
feels they can communicate with the Planning Commission through Marla.
Ms. Ostby asked for an area where home ownership can fit.
Mr. Macdonald asked whether east-west connections have been “kicked down the road” or whether
they fit in here.
Mr. Chalnick said the recommendations of the Climate Task Force should be a priority item and should
be able to result in regulatory requests. Mr. Conner said if their recommendations result in an
ordinance, that is a City Council issue. He asked the Commission to be mindful that the Task Force will
be bringing forth big, complex items, and other items on the list may have to be eliminated. Ms. Ostby
asked whether the Commission will be briefed on what the Climate Task Force is recommending and
whether their recommendations will result in having to draft LDRs. Mr. Conner said what they are
developing is a big ensemble of recommendations that will touch all areas of city government. In terms
of regulations, there will be more than one meeting for briefing of the Commission. Some
recommendations could rise to the regulatory level this year. He reminded members that these are
never “fast things.” Ms. Peterson said the primary task this year is to get recommendations into the
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Comprehensive Plan. Mr. Macdonald cautioned about being realistic about what the Commission can
do.
Ms. Ostby suggested that committees could deal with some of the items on the list. Mr. MacDonald
suggested the possibility of another Form Based Code Committee. Mr. Engels suggested resurrecting
some of the work done by the original Form Based Code Committee regarding making FBC city-wide
(including UMall and Staples Plaza). He felt this could save a lot of work.
Mr. Macdonald then moved to adopt the FY2023 Priorities List with the inclusion of adding the
Chamberlin Area and Climate Action as separate items and to submit these as the Planning
Commission’s FY2023 Work Plan. Mr. Mittag seconded. Motion passed with all present voting in favor.
7. Planning Commission Vision –discussion of long-term vision and four goals for 2024
Comprehensive Plan:
Ms. Peterson directed attention to the memo which asked two questions:
a. What are the 2 biggest policy challenges facing South Burlington in the coming
decade?
b. What is the Planning Commission’s role in addressing those challenges?
Members responded individually as follows:
Mr. Engels: Climate change and how the city can react locally. As the Planning Commission, we can
lead any action with approval of the City Council.
Mr. Mittag: Creating a regulatory environment for the Task Force recommendations. One challenge:
we don’t have a way to do things fast when we need to.
Mr. Chalnick: There will be tremendous pressure to move here, and the city will have to resolve that
influx against the desire to keep this a great place. He favored making the downtown really robust and
conserving everything else.
Ms. Louisos: The Commission has done work on specific resources but not on things such as parks
that support downtowns. There is also the issue of views which the Commission hasn’t focused on.
There is a need for program spaces and a need to consider how and where growth happens. She
stressed a need to focus on resiliency regarding floods and droughts. She cited the need to listen and
learn and felt the Commission hasn’t been doing as much of that as they should.
Ms. Ostby: Only 16% of Vermonters can afford to pay a mortgage on a $470K home. There will be
more people in the service industry, and they won’t be able to live near where they work. She cited the
need to figure ways to have diversity in the population and in economics.
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Mr. Macdonald: Climate change and housing will be the 2 big issues. There will be increased demand to
live here. He didn’t want the city to become an exclusive place to live. People can’t take jobs because
there’s no place to live, and the Commission may have to allow housing in places where they don’t want
it to be. He cautioned members to remember they don’t represent only one group in the community
but all groups.
Due to the late hour, members agreed to consider the goals at the next meeting.
8. Review and approve street name request from Beta Technologies:
Mr. Mittag moved to approve da Vinci Drive as requested. Mr. Macdonald seconded. Mr. Conner noted
that per Federal signage guidelines, the first “d” may need to be capitalized and asked members for
permission to make it a capital “D” if that is the case. Members concurred. Motion passed with all
present voting in favor.
9. Meeting Minutes of 12 and 26 April 2022:
Mr. Mittag moved to approve the Minutes of 12 and 26 April as presented. Mr. Engels seconded.
Motion passed with all present voting in favor and Mr. Chalnick abstaining on the Minutes of 12 April.
10. Other Business:
Mr. Conner noted there have been a few instances where expanded wetland buffers resulted in a
conflict for residents who want to add a deck to their home.
The City will be going to a new email system as of tomorrow. IT will be available to help with issues.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:25 p.m.
___________________________________
Clerk