HomeMy WebLinkAboutAgenda - Planning Commission - 08/08/2022South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.southburlingtonvt.gov
Meeting Monday, August 8, 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/86726932852
• Telephone: (929) 205 6099, Meeting ID: 867 2693 2852
AGENDA:
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. *Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Announcements and staff report (7:10 pm)
5. Public Hearing on possible amendments to the Land Development Regulations (7:15 pm)
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, updating process for sending and
receiving TDRs, and clarifying existing applicability in receiving areas
b. LDR-22-06 Minor and Technical Changes LDR-22-06 A-E
• Clarify Uses in 13.03 Table on Bicycle Parking
• Move Section 15.A.20 (Performance Bonds) to Article 17
• Renumber Section 13.05 to correct double “A” subsections
• Delete 17.04C Subdivision Approvals header
• Correct Appendix E, Submission Requirements
6. Possible action to approve LDR-22-05 and LDR-22-06 and submit to the City Council(7:30 pm)
7. *Presentation of South Burlington commuting patterns, business districts profiles, and demographics,
prepared by intern Koleigh Vachereau (7:40 pm)
8. *Discuss initial request for possible zoning amendment – Shelburne Road former Hannaford’s area, Liam
Murphy, MSK Attorneys (8:15 pm)
9. *Overview of City Council’s Bylaws for Committees (8:40 pm)
10. *Minutes: June 14, July 12 (8:45 pm)
11. Other Business (8:50 pm)
12. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP, Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
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that everyone has a chance to speak and that meetings proceed smoothly.
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the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask
for public comment.
4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence.
To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally
state your interest in commenting, or type a message in the chat.
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participants to address the Commission before addressing the Commission for a second time.
10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission
meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission
meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and
influence public opinion on the matter.
11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written
comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings.
Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email
submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and
Chair at jlouisos@sburl.com.
12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to
the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as
this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice-
Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat
messages will be part of the official meeting minutes.
13. In general discussions will follow the order presented in the agenda or as modified by the Commission.
14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help
guide participants.
15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a
guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in
the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the
agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”.
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: Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: August 8, 2022 Planning Commission meeting
1. Welcome, instructions on exiting the building in the event of an emergency (7:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Announcements and staff report (7:10 pm)
Staff updates:
• The Climate Action Plan Task Force held a community feedback forum on 8/3, and continues to
accept feedback on the draft plan via the City’s website and through a brief survey.
• The Climate Action Plan Task Force also presented a proposal to Council on 8/1 recommending
adoption of an ordinance that would require new buildings, and hot water, to be primarily heated
by carbon-free fuel sources. The Council asked the City Manager to develop a proposal to
implement such an ordinance.
• Lots of interesting projects under review. The DRB recently approved a hangar facility at the Airport
submitted by Beta Technologies; the also DRB heard a sketch plan application a mixed
commercial/residential General PUD at the former Pizza Hut / Bourne Auto Site, as well as a site
plan application for an outpatient medical facility on Tilley Drive adjacent to the Red Barn.
5. Public Hearing on possible amendments to the Land Development Regulations (7:15 pm)
a. LDR-22-05 Revise and expand Transferable Development Rights applicability to mixed use zoning districts
b. LDR-22-06 Minor and Technical Changes LDR-22-06 A-E
The Commission warned a public hearing on the above items earlier this summer. As of writing of this
memo, no public comments have been received. The Deputy City Attorney has reviewed and has
recommendation for minor changes; these are highlighted in the attached document. The Commission is
invited to open the public hearing, hear from the community, and close the public hearing.
Below is a map that staff has put together to help visualize applicability of the draft LDR:
2
6. Possible action to approve LDR-22-05 and LDR-22-06 and submit to the City Council(7:30 pm)
The Commission may discuss, make changes, and/or vote to approve the amendments and submit them to
Council.
Possible motion: “I move to approve LDR-22-05 and LDR-22-06, as drafted in today’s meeting packet, and to
submit the amendments and previously-approved Planning Commission report to the City Council”
7. *Presentation of South Burlington commuting patterns, business districts profiles, and demographics,
prepared by intern Koleigh Vachereau (7:40 pm)
3
Intern Koleigh Vachereau worked this summer to prepare the enclosed report. There is some interesting
data in here both about the City’s business profile and about commuting. This work, and in particular the
commuting data, will informs the implementation of transportation targets identified in the draft Climate
Action Plan, specifically the proposed 2.5% annual reduction in vehicle miles travelled. Staff will present and
invite discussion.
8. *Discuss initial request for possible zoning amendment – Shelburne Road former Hannaford’s area, Liam
Murphy, MSK Attorneys (8:15 pm)
Please find the attached letter from Attorney Murphy for consideration of a possible amendment. Staff
invites the Commission to hear the presentation and have a preliminary discussion the Commission’s goals
for the area; Staff recommends that the Commission treat this as an initial request, to be followed up on at a
subsequent meeting after Commissioners have reflected. In discussion with the requestors, staff have
discussed the broader context of any possible amendments.
9. *Overview of City Council’s Bylaws for Committees (8:40 pm)
Enclosed please find the Council’s recently adopted Bylaws for Committees. The Council & City Manager
requested that each committee set aside some time this summer review the bylaws and their purpose, to
ensure consistency in approach!
10. *Minutes: July 14, July 12 (8:45 pm)
11. Other Business: upcoming meetings (8:50 pm)
12. Adjourn (9:00 pm)
LDR-22-05 TRANFERABLE DEVELOPMENT RIGHTS
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.
.
.
.
TDR. Transfer of Development Rights or Transferrable Development Rights.
.
.
.
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 1024 V.S.A. section 6301a4423, as amended from time to time.
Commented [PC1]: Corrected typos in this Article per legal
review
Commented [PC2]: Corrected statutory references per legal
review
LDR-22-05 TRANFERABLE DEVELOPMENT RIGHTS
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.
Commented [PC1]: Corrected typos per legal review
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
. . .
C. Area, Density, and Dimensional Requirements. In the AR 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.
LDR-22-05 TRANSFERABLE DEVELOPMENT RIGHTS
9 SOUTHEAST QUADRANT – SEQ
. . .
9.05 [reserved] Transfer of Development Rights; Sending & Receiving Areas
. . .
9.05 [reserved] 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
Commented [PC1]: Added "reserved" per legal review
Commented [PC2]: Added "reserved" per legal review
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
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)(1) 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.
LDR-22-05: Transferable Development Rights
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
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.
LDR-22-05: Transferable Development Rights
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
. . .
C. Compliance with Regulations. The provisions and standards specific to a PUD supersede
underlying zoning district, subdivision, and site plan standards. In no case, however, shall the provisions
or standards specific to a PUD supersede the Environmental Protection Standards of Article
12. Notwithstanding this supersession of the underlying zoning district, subdivision, and site plan
standards, any application that includes a density increase that exceeds the Assigned Density of a parcel
shall require a TDR under Article 19.
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).
Commented [PC1]: (1)Added per legal review
LDR-22-05: Transferable Development Rights
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;
LDR-22-05: Transferable Development Rights
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).
. . .
LDR-22-05: Transferable Development Rights
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.
LDR-22-05: Transferable Development Rights
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.
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
LDR-22-05 – TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT; track changes show
for proposed modifications from the draft warned for PC hearing
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.
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
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
1. Severance of development rights occurs when the owner of the sending property executes a
deed of severance of development rights.
2. Deeds of severance of TDR 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 of TDR must be recorded in the City of South Burlington’s Land
Records.
4. The deed of severance of TDR 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.Chapter 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, which shall include or reference a deed from the owner of TDR
conveying said TDR to the owner of the receiving property, 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.
Commented [PC1]: Minor edits as identified per legal
review
Commented [PC2]: Proposed addition per legal review
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
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, andAttorney 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 of TDR and a deed of
receipt.
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,
-
Commented [PC3]: Minor edits per legal review as
identified
ARTICLE 19 TRANSFERABLE DEVELOPMENT RIGHTS
NOTE: ALL TEXT WITHIN ARTICLE 19 IS PROPOSED NEW TEXT
South Burlington Land Development Regulations
as 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
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 STANDARDS
TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS (WITHOUT PLANNED UNIT DEVELOPMENT)
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side
yard(s)
Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
IA-N ALL 10 acres 20%40%75 50 50 15 35 40
IA-S ALL 10 acres 10%20%75 50 50 15 35 40
PR ALL none 15%25%40 15 30 15 35 40
MU ALL none 30%70%40 15 30 15 35 40
Single-family 9,500 SF (1.2) 20%40%20 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%40%20 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 25 28 2 3 1 4
Single-family 9,500 SF (1.2) 20%40%20 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%40%20 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 35 40 3 3 1 4
Single-family 9,500 SF (1.2) 20%40%20 40%30 15 25 28 2 3 1 4
Two-family 12,000 SF (1.2)20%40%20 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%20 10 30 15 25 28 2 3 1 4
All other uses 40,000 SF (1.2)15%30%20 20 30 15 30 35 3 3 1 4
Single-family 7,500 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Two-family 12,000 SF (4)20%40%10 5 10 15 25 25 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%10 5 10 15 25 25 2 3 1 4
Non-residential uses 12,000 SF 20%40%10 10 10 15 25 25 2 3 1 4
Single-family 12,000 SF (4)20%40%20 10 30 15 25 25 2 3 1 4
Two-family 12,000 SF/unit (4)20%40%20 10 30 15 25 25 2 3 1 4
R1-Lakeview All 14,000 SF (3)20%40%20 10 30 15 25 25 2 3 1 4
R1 All 40,000 SF (1)15%25%50 25 30 15 25 28 2 3 1 4
Single-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 22,000 SF (2)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 11,000 SF/unit (2)20%40%30 10 30 15 25 28 2 3 1 4
R2
Maximum Building HeightStandard setbacks (feet):
SEQ-NRP,
NRT, NRN*
and NR
QCP
District Land Use
SEQ-VR
LN
SEQ-VC
Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
South Burlington Land Development Regulations
LDR-22-05: Transferable Development Rights
APPENDIX C
USES and DIMENSIONAL STANDARDS
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side
yard(s)
Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
R4 Single-family 9,500 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Two-family 12,000 SF (4)20%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)20%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 30%60%30 10 30 15 25 28 2 3 1 4
R7 Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (4)30%40%30 10 30 15 25 28 2 3 1 4
Non-residential uses 40,000 SF 40%60%30 10 30 15 25 28 2 3 1 4
R12 Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%60%30 10 30 15 35 40
Non-residential uses 40,000 SF 40%60%30 10 30 15 35 40
R7-NC All residential
uses
All non-
residential uses
12,000 SF 40%70%30 10 30 15 35 40
Multi-family 3,500 SF/unit (C1-R12);
2,900 SF/unit (C1-R15)
40%70%30 10 30 15
5
All other uses 40,000 SF 40%70%30 10 30 15 5
C1-Auto Multi-family 3,500 SF/unit (15)40%70%30 15 30 15 5
All other uses 40,000 SF 40%70%30 15 30 15 5
C1-AIR All 40,000 SF 40%70%30 15 30 15 35 40
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4
AR
C1
Same as R7 standards
C1-LR
South Burlington Land Development Regulations
LDR-22-05: Transferable Development Rights
APPENDIX C
USES and DIMENSIONAL STANDARDS
Buildings
only
Buildings,
parking and all
other
impervious
surfaces
Front(s)Side
yard(s)
Rear Accessory Principal
(flat)
Principal
(pitched)
Stories
Facing
Street
Stories
Below
Roofline
Roofline
Stories [see
section
3.07(B)]
Total
Stories
Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max.
residential density in dwelling
units per acre)**
Maximum site
coverage:
Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4
Multi-family 6,000 SF/unit (7)30%40%30 10 30 15 35 40
Non-residential uses 20,000 SF 40%70%30 10 30 15 35 40
Multi-family 6,000 SF/unit (7)40%70%30 10 30 15 35 40
All other uses 40,000 SF 40%70%30 10 30 15 35 40
IC All 40,000 SF 40%70%30 10 30 15 35 40
AIR All 3 acres 30%50%50 35 50 15 35 40
AIR-I All 3 acres 30%50%50 35 50 15 35 40
IO All 3 acres 30%50%50 35 50 15 35 40
City Center
FBC District
C2
** 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 District
AR
SW
South Burlington Land Development Regulations
LDR-22-06A: Bicycle Parking
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
14-1
LDR-22-06B: Performance Bonds
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.
LDR-22-06B: Performance Bonds
ARTICLE 15.A SUBDIVISION REVIEW
South Burlington Land Development Regulations
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 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.
LDR-22-06B Performance Bonds
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
(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.
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-22-06C: Technical Correction to stormwater numbering
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).
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
C. Application Requirements. Applicants required to comply with Section 13.05 shall provide the following
information in their application:
(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,
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(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,
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.
LDR-22-06C: Technical Correction to stormwater numbering
ARTICLE 13 SUPPLEMENTAL REGULATIONS
South Burlington Land Development Regulations
(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.
(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-22-06D: Technical Correction to admin & enforcement 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-22-06E: Submission requirements
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 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
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
√√√√√Location and design of all utility distribution facilities
BUILDINGS
STREETS AND UTILITIES
LANDSCAPE FEATURES - REVIEW
South Burlington Land Development Regulations
LDR-22-06E: 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
All Districts Except City Center FBC City Center FBC District
√ √√√ 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 and
NATURAL RESOURCES
South Burlington Land Development Regulations
180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Monday, August 8, 2022 at 7:00 pm
PLEASE TAKE NOTICE that the Planning Commission will hold a public hearing on Monday, August 8, 2022 at
7:00 PM to consider amendments to the Land Development Regulations. The amendments affect all parts
of the City unless otherwise specified below. The hearing will be held in person and remotely via Zoom.
Participation options:
• In Person: City Hall Auditorium, 180 Market Street
• Interactive Online: https://us06web.zoom.us/j/86726932852
• Telephone: 929 205 6099, Meeting ID: 867 2693 2852
The purpose of the hearing is to consider the following:
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, updating process for sending and
receiving TDRs, and clarifying existing applicability in receiving areas (Section 2.02, 4.04, 4.05, 4.06,
9.05, 14.04, 15.A.11, Articles 15C, 18, 19, Appendix C)
B. LDR-22-06: Minor and Technical Amendments to Bicycle Parking, Performance Bonds, Submission
Requirements, and Section numbering (Sections 13.03, 13.05, 14.11, 15.A.20, 17.04, 17.15, Appendix E)
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 3rd Floor, 180 Market Street, and on the city website at www.sbvt.gov.
Jessica Louisos, Planning Commission Chair
June 30, 2022
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 Monday, August 8, 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 Monday, August 8 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, updating process for
sending and receiving TDRs, and clarifying existing applicability in receiving areas
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.”
2
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.
City Data and Profiles
By: Koleigh Vachereau
To Work -Commuting Patterns
2019 for comprehensive plan update
Northwest Quadrant: Commuting
Southwest Quadrant: Commuting
Northeast Quadrant: Commuting
Southeast Quadrant: Commuting
Business District
Profiles Update
Community at a Glance
South Burlington at a Glance Data
Goal
275 COLLEGE STREET, PO BOX 4485 | BURLINGTON, VT 05406-4485 | PHONE 802 861-7000 | FAX 861-7007 | MSKVT.COM
South Burlington Planning Commission
c/o Paul Connor, AICP
180 Market Street
South Burlington, VT 05403
By Email Only: pconner@southburlingtonvt.gov
August 3, 2022
Re: Request to Rezone Hannaford Drive Property
Dear Chair Louisos and Members of the Board,
We are writing on behalf on Tesla, Inc. which is seeking to locate an electric vehicle sales,
distribution and service center in Chittenden County. Tesla has identified the property which
previously housed the Hannafords Supermarket on Hannaford Drive as a prime candidate for its
new facility. The property has been vacant for over four years when Hannafords relocated to the
old K-Mart site in March of 2018.
The site matches Tesla’s corporate goal of minimizing environmental impacts by the re-use of an
existing facility which reduces the consumption of building materials, resources, energy and
water needed for new construction of a new building or new impervious surfaces. Unfortunately,
the location is not zoned for automobile sales or services.
Currently, the location is zoned Commercial 1/Residential 15 (red hatched in map below) which
does not allow an automobile sales, delivery and service facility. The Land Development
Regulations (“Regulations”) do provide for automobile sales and service in the adjacent
Commercial 1- Auto zone (pink with cars), which zone effectively draws a line around the
existing auto dealerships on both sides of Route 7. However, there are no suitable properties in
that district which are not already owned or controlled by an automobile dealership.
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275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com
The easiest solution would be extend the Commercial 1- Auto zone northerly to include 2
additional properties—the property behind the gas station, Olive Garden and the Peoples
United/M&T Bank and the former Hannaford property—see plan below.
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275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com
A concern was raised by staff that there has been hope to develop the currently vacant lot behind
Olive Garden with housing or mixed use development. The C1-Auto district does permit
multifamily housing in a PUD but at density of 12 units (a little less than the 15 units per acre
permitted in the C1/R15 zone).
The staff requested that we provide some alternative options for re-zoning the property that
would allow for the proposed use for EV sales, distribution and service facility without
extending the C1-Auto zone to cover the intervening property.
We have suggested three options for the Commission to consider property without expanding the
current Commercial Auto zone:
1. Add a “Green Business” use to the existing C1 R15 district
2. Create a new C1-EV-Auto zone
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275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com
3. Allow for Adaptive Reuse of existing vacant buildings and properties in
PUD/commercial subdivisions with CU and Site Plan approval.
A draft of amendments to the Land Use Regulations for each of these options is attached.
Obviously there may be other ways to create a means to use that site for a Tesla sales,
distribution and service center and we would be glad to explore the possibilities with the
Commission.
Finally, we would note that Tesla is seeking to move forward with its new facility as soon as
possible. It would love to locate its facility in South Burlington but cannot do so without a
change in the zoning. Therefore, we hope that the Commission can proceed expeditiously in
determining which path forward it would like to follow and proceed to hold a hearing on a
proposed amendment.
We stand ready to assist the staff and the Commission.
Please let me know if you have questions or comments.
Stay well.
Sincerely,
/s/ Liam L. Murphy
Liam L. Murphy, Esq.
lmurphy@mskvt.com
c.c.: Stephen Lukasiuk, Tesla, Inc.
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275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com
OPTION 1. ADD SALES AND SERVICE OF ALTERNATIVE ENERGY PRODUCTS AND
ELECTRIC VEHICLES AS PERMITTED USE IN C1 DISTRICT
Article 2 DEFINITIONS
ADD: “Alternative energy & sustainable transportation products sale & service. A business
enterprise engaged in the sale, distribution servicing and repair of alternative energy products
such as solar, wind, geothermal and sustainable transportation products (such as electric
vehicles).
ADD: “Electric Vehicle (“EV”)”: A motor vehicle with an electric motor as its exclusive means
of propulsion and does not include any propulsion from a conventional combustion engine
5.01 Commercial 1 - C1 A. Purpose. A Commercial 1 District is hereby formed in order to
encourage the location of higher intensity residential, retail, office, and vertically mixed uses in a
manner that serves as or enhances a compact central business area. Other uses that would benefit
from nearby access to a central business area, including clustered residential development and
small industrial employers and sales and service of alternative energy and transportation products
and electric vehicles, may be permitted. Warehouses, major industrial employers, and
incompatible industrial uses shall not be permitted. Urban design supporting a transition for these
areas from a suburban environment to compact centers is encouraged.
ADD TO APPENDIX C USES AND DIMENSIONAL STANDARDS PAGE 365
“Alternative energy & EV Auto sales & service”: “P” in C1 R15 column
OPTION 2: CREATE A NEW ZONING DISTRICT- C1-EV-AUTO
Article 2 DEFINITIONS
ADD: “EV-AUTO. A business enterprise engaged in the sale, distribution servicing and repair of
electric vehicles
ADD: “Electric Vehicle (“EV”)”: A motor vehicle with an electric motor as its exclusive means
of propulsion and does not include any propulsion from a conventional combustion engine
5.08 Commercial 1 EV Automobile Sales District (C1—EV-AUTO) A. Purpose. The purpose of
the C1-EV-AUTO District is to implement the purposes of the Commercial 1 District while
recognizing the Commercial 1 With Automobile Sales District (C1—AUTO) only encompasses
an area where several traditional automobile sales and service facilities exist and allows for their
continued operation and improvement in a consolidated location, but fails to allow for the
development of new automobile dealerships with vehicles powered by means other than gasoline
or diesel, while otherwise matching the purposes and functions of the C1 District
ADD TO APPENDIX C USES AND DIMENSIONAL STANDARDS STARTING ON PAGE
364
New column after C1-AUTO entitled “C1-EV-AUTO)
Add new use under NON RESIDENTIAL ZONING DISTRICTS
“EV- Auto sales & service”: “P” in C1R15 column
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275 College Street, PO Box 4485 | Burlington, VT 05406-4485 | phone 802 861-7000 | Fax 861-7007 | mskvt.com
OPTION 3—ADAPTIVE REUSE
ADD TO
14.11 Site Plan and Conditional Use Review: Specific Uses and Standards
M. Adaptive Reuse. The allowance of uses not otherwise permitted or conditionally permitted in
an underlying district in order to encourage the adaptive redevelopment of existing vacant
commercial establishments and sites, Such allowance promotes and exemplifies principles of
sustainable development, while also maintaining the general character of the location in which
the building or site. Adaptive reuse recognizes that retention and rehabilitation of existing
buildings reduces the consumption of building materials, resources, energy and water needed for
new construction. Through adaptive reuse unoccupied buildings and sites can become suitable
for many different types of compatible uses. To ensure the building is truly an example of
“reduce-reuse-recycle”, limits are imposed on the adaptation:
(a) The building or site must have been vacant for at least 18 months prior to the application for
adaptive reuse
(b) The adaptive reuse of existing former commercial buildings and structures may include
structural alterations, modifications, additions, and renovations; provided no more than 20% of
the volume of original principal structures shall be demolished
(b) The adaptive reuse of the existing site may be altered or modified but the impervious surface
shall not increase by more than 10%.
A use not otherwise allowed in an underlying district may be permitted for an existing building
or site located within an existing Planned Unit Development or subdivision may be approved
upon a finding that the proposed use shall be complimentary to and integrated within the Planned
Unit Development or existing subdivision and upon approval of such use as a conditional use
and upon approval of the site plan.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
14 JUNE 2022
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 14 June 2022, at
7:00 p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology.
MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Mittag, D. Macdonald, P. Engels, A. Chalnick
ALSO PRESENT: P. Conner, Director of Planning and Zoning; S. Dooley
1. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
2. Open to the public for items not related to the Agenda:
Ms. Dooley asked about a potential change to the LDRs regarding the number of units that
could be on a small lot in the SEQ. The new LDRs reduced this number from 4 to 1.2. Ms.
Dooley said she spoke with Ms. Emery who was supportive of changing this number back to 4.
She asked what needs to happen for the Commission to relook at that change.
Mr. Conner said the Commission voted to put on their draft work plan for the coming year. The
plan has gone to the Council as part of the policy priorities. Ms. Dooley asked whether the
Council could ask the Planning Commission to prioritize this item; Mr. Conner said that yes, the
Council can ask that certain items be prioritized; Mr. Conner added that this year, the
Comprehensive Plan is likely to be the top priority for all committees.
3. Planning Commissioner announcements and staff report:
Mr. Conner announced that City Planner Kelsey Peterson has given birth to a healthy, happy
baby girl. Ms. Peterson will be back at the end of August/beginning of September.
Zoning Administrator Dalila Hall will be moving on. She has been with the City for 4 years and
will be missed. Staff is working to fill that spot and get some support. Mr. Mittag asked that
Mr. Conner relay the Commission’s thanks for all of her work.
Ms. Louisos noted that 180 Market Street is now a year old.
4. LDR Amendment: Minor Technical Changes LDR-22-06:
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” section
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d. Delete 17.04C Subdivision Approvals header
e. Correct Appendix E, Subdivision Requirements
Mr. Mittag moved to approve the Minor Technical Changes, LDR-22-06, as presented, for
inclusion in the next round of amendments and public hearing. Mr. Engels seconded. Motion
passed 6-0.
5. LDR-22-05 Transferable Development Rights: Review of Draft:
Mr. Conner noted 2 items that were left for consideration:
The first is how likely PUDs are to be used in the R-7, Swift R-7 and Allen Road areas. Mr.
Conner said there is only one potential scenario where this would be feasible.
The second is whether TDRs could be used for additional height. Staff’s recommendation is to
open a discussion. Mr. Conner stressed that they don’t want to have very tall buildings next to
neighborhoods of “lower” homes. He noted that his recollection is that in the SEQ, any density
higher than 1.2 requires a TDR. The regulations are being checked to verify that. Ms. Louisos
recalled that she described it that way in the public hearing. Mr. Conner said that was the
intent.
Mr. Macdonald asked about the height limit in the C-2. Mr. Conner said the height limit is 28
feet or 40 feet unless the DRB allows a taller building. In C-1, the 5 stories are allowed, and that
is a cap. Mr. Mittag asked if a developer has to buy TDRs to get the extra height. Mr. Conner
said only if they are asking for additional units. Mr. Chalnick said that if it isn’t too complex, he
thought it would be a good idea to require a TDR for the additional height. He asked if that
would be too hard to administer. Mr. Conner explained how an initial discussion occurs with a
developer which most often does not involve a firm plan.
Mr. Conner noted that where there is R-12 density, it is hard to do that in 28 feet. He stressed
that if a developer can get the extra height for free now, if it is changed, there is additional cost
to the project. Mr. Mittag said that if you restrict places where TDRs can be used, you are not
serving the people who gave up their development capability on their property.
Mr. Chalnick said he realized that if you charge for extra height, a developer could choose to
have more smaller units in a lower building and avoid the cost of the extra story.
Mr. Mittag stressed the need to have a separate register of TDRs to be sold. This would be at
the owners’ choice. Mr. Conner said this could be on the website. He noted that all TDR
transactions are recorded in the city’s land records, and there is a map telling where easements
have been severed.
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Mr. Mittag asked about the use of TDRs in R-1, etc. Mr. Conner reminded the Commission that
last year they decided not to include the use of TDRs in low-density districts. Legal costs would
be equal to the TDR cost. Mr. Mittag suggested relooking at that. He felt it wou ld make TDRs
easier to sell.
Mr. Engels asked how many TDRs have been sold. Mr. Conner said fewer than 100. Many more
(about 600) have been used within a property to reassign density (e.g., South Village).
6. Transfer of Development Rights and Technical Amendments: Possible Action to
Approve Planning Commission Report and Warn A public hearing on proposed
amendments LDR-22-05 and LDR-22-06:
Mr. Conner said the City Attorney would have a legal review in time for a public hearing.
Ms. Louisos moved to submit amendments LDR-22-05 and LD-22-06 and the accompanying
report included in this evening’s meeting packet including clarifying language regarding TDRs
within TNDs in the Southeast Quadrant, and to schedule a public hearing for Monday, 8 August
2022. Mr. Macdonald seconded. Motion passed 6-0.
7. Comprehensive Plan: Structure:
Mr. Conner showed a concept for the Comprehensive Plan structure. He noted that the
terminology will be more oriented toward people and families and not as abstract as in the
past. Climate change would be woven throughout, not in its own chapter.
Mr. Mittag said he would add “resilience” under section “d” and add Climate Change Mitigation
under section “b.”
Mr. Riehle questioned how to connect some outlying neighborhoods (e.g., Cou ntry Club
Estates, Bartlett Bay, Stonehouse).
Mr. Macdonald said one word he does not see is “neighborhood.” He noted that infill in R-1
and R-2 neighborhoods will be a “sticky subject.” Mr. Conner suggested that in the meeting
with the City Council that can be raised as “pedestrian connected neighborhoods.”
Mr. Engels said he would like to see the 2016 Chamberlin Neighborhood report in there
someplace. He also would like to see identification and acknowledgment of all the
neighborhoods in the city and their characteristics. He stressed the need to give the
Chamberlin neighborhood “its due.”
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Mr. Chalnick felt it is important enough to “call out” climate change. He would change “d” to
“ecosystems.” Ms. Louisos noted that climate change relates to every item under land
resources. She suggested possibly putting climate change up front under the visions and goals
section so it isn’t hidden in a list at the bottom. Mr. Conner explained why it is important that it
gets woven throughout the document. Mr. Macdonald agreed that it should be identified up
front with the notation that it “touches everything.”
Mr. Conner noted that section “b” is more about people, and section “c” is what supports that.
He added that instead of just having topics, there is recognition of what is meant by those
topics. For example, instead of “transportation,” there is “community connections.”
8. Comprehensive Plan: Key Topics:
Members reviewed and added to the list of key topics, including:
a. Addressing climate change
b. Cleating greater emphasis on people, community, equity
c. Chamberlin neighborhood and its interface with the Airport
d. Creating greater measurability in plan objectives
e. Assuring consistency of objectives and policies within the plan
f. Addressing housing affordability
g. Addressing economic activity and resiliency
h. Connecting neighborhoods
i. Identifying neighborhoods and their characteristics
Mr. Conner suggested a possible visioning session as a kickoff to all of this. He suggested
committees have a facilitated discussion with the community followed by neighborhood
meetings (e.g., SEQ, Lakeshore, Chamberlin) to hear concerns in those areas. Mr. Conner noted
that staff has the OK to find a facilitator to make it happen.
Mr. Mittag suggested possibly identifying individuals from neighborhoods who could represent
their neighborhoods at other meetings.
Mr. Engels cited the need to develop a vision for the city. Mr. Conner said that is what the join t
meeting with the City Council will do.
Mr. Macdonald felt they will get more people at neighborhood meetings than at a general
visioning meeting. Mr. Riehle said he didn’t see people from Country Club Estates or Lakeside
coming to those meetings.
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Mr. Chalnick said there should be a place where in the beginning people can come and talk
unrestrained about what interests them.
9. Minutes of 10 May 2022:
Mr. Mittag moved to approve the minutes of 10 May 2022 as written. Ms. Louisos seconded.
Motion passed 5-0 with Mr. Riehle abstaining.
10. Other Business:
No other business was presented.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 8:42 p.m.
___________________________________
Clerk
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
12 JULY 2022
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 12 July 2022, at
7:00 p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology.
MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Ostby, M. Mittag, D. Macdonald, P. Engels,
A. Chalnick
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. Trombly, S. Dopp, S. Dooley, D.
Peters
1. Instructions on exiting the building in case of an emergency:
Ms. Louisos provided emergency exit instructions.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
Mr. Trombly said he was copied on an email from Green Mountain Habitat for Humanity
regarding a parcel in the city they wish to purchase and they are concerned that the zoning was
recently changed and does not allow for the model they are seeking to build that may be been
permitted previously.
Ms. Ostby suggested this could be discussed with item #6 on the agenda (minor adjustments to
the LDRS) as it pertains to changes made during interim zoning.
Mr. Conner said it is on the work plan to look at this issue and he suggested adding it to a future
agenda as it has not been warned. Ms. Dopp asked what area/specific property is involved.
Mr. Conner said it is not clear it is a specific property. The 1.2/acre density was an effort to
align net density of small properties with the density of the Conservation PUD for parcels under
4 acres in the southeast quadrant.
Mr. Trombly noted that there is a lot of ARPA funding available, and he could not think of a
better non-profit than Green Mountain Habitat. He didn’t want to lose the opportunity
because it didn’t fit the work plan. Ms. Ostby said it would be fantastic on the next agenda.
4. Planning Commissioner announcements and staff report:
2
Ms. Ostby noted that in a lot of neighborhoods there is already a “neighborhood captain” who
would be a receptive liaison. She said that that the Chamberlin Neighborhood asked her and
Paul Engels (who served on the Airport Rezoning Task Force) to sit in on a meeting they are
having.
Mr. Conner noted that the City Council would like to adopt the new Comprehensive Plan in
December 2023. The Commission would have to get it to them by August 2023.
Ms. Ostby recalled that at the last City Council meeting there was discussion of possibly
expanding membership of the Planning Commission, City Council, etc. It would take voter
approval. Mr. Conner said that discussion will happen at the City Charter Committee. Their
decision will require a public vote and possibly approval by the State Legislature.
Mr. Conner noted the Climate Action Task Force will see their first draft this week. They are
planning to attend community events and asked if Commission members would be interested
in spending time at the events to answer questions. Mr. Conner added that this would be a
good time to engage people regarding the Comprehensive Plan.
5. Election of Planning Commission Officers:
Mr. Conner presided over the election of a Commission Chair. He opened the floor for
nominations.
Mr. Riehle nominated Ms. Louisos. There were no further nominations. In the vote that
followed Ms. Louisos was elected Chair by a vote of 6-0 with Ms. Louisos abstaining.
Ms. Louisos then presided over the remainder of the meeting. She opened the floor for
nominations for Vice Chair.
Ms. Ostby nominated Mr. Engels who said he would serve if he could be involved in setting the
agenda. Mr. Riehle nominated Mr. Macdonald. In the vote that followed Mr. Macdonald was
elected by a vote of 4-2 with Mr. Macdonald abstaining.
Mr. Macdonald nominated Ms. Ostby for Clerk. There were no further nominations, and Ms.
Ostby was elected Clerk unanimously.
Mr. Mittag then moved that the Commission continue to meet on the second and fourth
Tuesdays of the month, at 7:00 p.m., except as otherwise rescheduled. Ms. Ostby seconded.
Motion passed unanimously.
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6. Review and possibly request City committees consider items raised during public
feedback on 2021/22 Land Development Regulations amendments:
Ms. Louisos said some the items are more technical and should possibly go to Public Works or
to a committee (which would involve a charge to the committee). Mr. Mittag said some came
up a number of times and should be looked at.
Committee items could include:
Bike/Ped Committee: street type comments and a review of street type standards
Natural Resources Committee: exemption of natural resource restoration project standards;
tree ordinance/large tree considerations; soil restoration
Ms. Ostby suggested adding bike/ped safety in the Transit Overlay District and ownership vs.
rental possibly going to the Affordable Housing Committee. Ms. Louisos said they asked for a
legal opinion on ownership vs. rental. Mr. Conner said he didn’t think it got a majority vote.
The Bike/Ped and Natural Resources issues were deemed worthy of follow -up by the
Commission. Mr. Conner added that what is provided tonight is very technical, and the
Commission could have a response in a reasonable time. Other questions are more “big
picture” question that could be part of the Comprehensive Plan discussion.
Mr. Conner noted that the City Council will be going through its policy priorities in coming
weeks. One item they will consider is for the city to develop a clear filter as to how to prioritize
capital projects. He felt this would align well with the concern for bike/ped safety. Mr. Conner
noted that the new Public Works Director is a big supporter of this, and there is now a Capital
Projects Director as well.
Mr. Conner explained that the bike/ped items being considered tonight are very technical (e.g.,
5’ vs, 4’ bike lanes). Ms. Louisos asked about a timeline. Mr. Conner said they should ask to
hear from the Bike/Ped Committee by the beginning of December.
Mr. Mittag moved to ask the Bike/Ped Committee to study Donna Leban’s comments and do a
general review of street type standards and report back to the Planning Commission by early
December. Mr. Engels seconded. Motion passed unanimously.
Regarding the natural resources items, Mr. Louisos suggested they might want more
information regarding what is specifically being asked for. Ms. Ostby said there was talk about
policies regarding topsoil (protecting and relocating). Mr. Conner said an issue is what happens
o soil around a green field development. Mr. Chalnick questioned whether the Natural
Resources Committee has expertise regarding restoration projects and suggested possibly
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having a consultant. Mr. MacDonald noted that Dave Wheeler had talked about one project.
Mr. Chalnick said there should be a process to allow for this. Mr. Conner said one issue is the
level of enforcement. Mr. Mittag said there is a question as to whether there is any restoration
of topsoil. He was also concerned with blasting which disrupts the natural geology.
Regarding trees, Mr. Conner noted that the existing tree ordinance applies only to trees in the
City-owned right-of-way. He questioned whether large tress on private land should be
considered as well. Mr. Mittag said that in one court case, the judge specified what could be
done. When the appellant didn’t comply, there was only a very small fine. He felt the tree
ordinance needs reinforcement. Mr. Chalnick said it would be good to do a survey of best
practices around the country.
Mr. Conner then explained that now there are no exceptions to doing work in 25% slope areas.
They can be improved for stream health. He suggested there could be a review process for an
exemption to do these projects more quickly so more can get done in a year. Mr. MacDonald
said the Commission could probably do that on its own.
Ms. Dopp suggested a permit process for land owners to remove a tree that could be
threatening a building or an unhealthy tree. Mr. Conner said that site plans cover some of this.
Ms. Ostby said if they can’t make it a policy because it can’t be enforced, how a bout an
education effort. Mr. Mittag suggested the Natural Resources Committee consult with other
organizations. Ms. Louisos noted the state has some regulations regarding topsoil as part of a
permit process. Mr. MacDonald suggested they explore both re gulatory and education
concepts.
Ms. Ostby asked about the impact on developers if private outdoor space is required. She had
recalled possibly asking the Affordable Housing Committee to look at this. Mr. Conner said the
new regulations require this. Ms. Ostby said the regulations don’t say “private” or “semi-
private.” She questioned how much impact this would have on developers.
Mr. Chalnick then moved to ask the Natural Resources Committee to make recommendation s
on both regulatory and non-regulatory requirements regarding tree ordinances and soil
restoration in the city within 6 months. Mr. Mittag seconded. Motion passed unanimously.
Ms. Ostby asked about tasking the Affordable Housing Committee to get an opinion on the
impact to builders regarding private outdoor space. Mr. Conner suggested tasking him to
contact the development community.
Ms. Ostby then moved to ask staff to investigate with the building community the impact of
adding private outdoor space per unit, within 6 months. Mr. Riehle seconded. Motion passed
unanimously.
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7. Review of Staff/DRB experience with updated Environmental Protection Standards;
discussion of possible minor amendments:
Mr. Conner noted that wetland buffers were expanded from 50 to 100 feet, and exceptions
were reduced. What staff is seeing involves people coming in with projects on single family
properties. Mr. Conner showed a picture from Pinnacle at Spear showing how this affects
backyards. He noted that in order to get an exception, the homeowners have to do a field
delineation, which is expensive. The issue is people wanting to extend a back deck or put in a
shed. In other locations, with smaller parcels, where the house hasn’t yet been built, (e.g., near
Allen Rd.), the house would be in the buffer. Mr. Conner noted there are many ways to address
this and asked the Commission’s intent.
Mr. MacDonald said it was never his intent to prevent a homeowner from expanding a deck.
Mr. Conner asked about adding a room to a home that is already partly in the 100 -foot buffer.
Ms. Ostby asked about a way to streamline the process for residences regarding decks and
sheds. Mr. Conner asked what the criteria would be. He noted this used to be a 10-minutes
process; it now takes hours of staff time.
Mr. Chalnick said the buffer isn’t a wetland. Mr. Mittag said it does provide resilience for rain
events.
Mr. Conner said the regulations could say that a pre-existing residential lot as of a certain date
would have a 50-foot buffer. Ms. Louisos added there could be a size criteria as well. Mr.
Conner noted that in the habitat blocks it is less than an acre.
Mr. Chalnick was OK with a deck; he wasn’t sure about expanding a house.
Mr. Engels said there has already been a cry that a developer can build 100 homes, “and I can’t
put a deck on my house.”
Mr. Macdonald said he respects the wetland buffer, but with small residential properties you’re
not talking about impact to the wetland. He favored a return to a 50-foot buffer for pre-
existing homes. Mr. Conner said they can say a “house existing as of a certain date.” He will
draw something up.
Mr. Conner then said the next issue is the wetland in City Center. Impacts to the buffer in City
Center are allowed if they follow state regulations. There are some instances where that is the
only reason a project goes to the DRB. He asked if this can be managed administratively as the
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rest of the project is. He added that there is already a requirement that for over a certain size
project, there has to be a neighborhood public meeting. This situation has happened three
times, and every time there is a modification, the plan has to go back to the DRB.
Mr. Mittag was concerned that the public doesn’t have input. Mr. Conner said the public can
appeal to the DRB.
Ms. Ostby said she felt going with staff would be more consistent with what the Commission’s
goal was. She stressed that every permit is public information and the public still has access.
She supported staff taking this on, if they want to.
Mr. Mittag said that if it is in compliance, he was OK with an administrative decision; otherwise
it should go somewhere else. Mr. Conner noted that in practice, the DRB follows the State; if
the application has State approval, the DRB will follow.
Mr. Conner noted that outside of City Center, if the administrative officer says it should go to
the DRB, it does.
Members were OK with that.
Regarding steep slopes, Mr. Conner said there are a few properties where the 25% slope is of
human construction. He noted that in some communities, there is a distinction made between
natural and human construction.
Mr. Chalnick asked what the purpose is in protecting steep slopes. Mr. Conner said the
consultant saw them as a “hazard.” They are not necessarily a “resource.” There is a potential
hazard if they are not developed well, but there is now a standard that addresses that. A lot of
steep slopes are also in habitat blocks and are thus already protected.
Mr. Riehle had no issue with amending the regulations if the project is not environmentally
destructive (e.g., the slope leads to a stream).
Mr. Mittag said making major alterations to a naturally occurring steep slope would be a
problem for him. Mr. MacDonald said there is a difference between a naturally occurring slope
and a constructed slope.
Members agreed to address constructed slopes.
Mr. Conner then raised another steep slope issue, noting that having really good data creates a
problem. He said you can find tiny bits of slope everywhere. He questioned whether there
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should be a minimum area. He stressed that every blip in a backyard is a big adminiatrative
project.
Ms. Ostby said she would question whether it connects to anything, and something clearly
isolated would be less significant. Mr. Mittag suggested a percentage of the area.
Staff will work on this.
Ms. Ostby noted that there is a chain link fence at the top of Allen Rd/Spear Street. She
thought they were not allowed. Mr. Conner said that location is not in the Southeast Quadrant
which is where that regulation applies. If it is in the right-of-way, it is not subject to the
regulations.
8. Consider requesting the Economic Development Committee to examine future land
use goals, objectives and regulations associated with the City’s Commercial/Industrial
areas:
Mr. Conner said there is no request written up. The Economic Development Committee would
be interested in working on what should be done to support business grown in these areas, if
the Commission wants them to.
Members favored this. Mr. Mittag said what the Commission is asking should be very clear.
Other members suggested doing this in conjunction with the Natural Resources and Affordable
Housing Committees. Mr. MacDonald noted these are areas the Commission has designated
for economic development.
Mr. Conner suggested asking them to look at it through the lens of transportation, affordability,
etc.
9. Meeting Minutes of 24 May 2022:
Mr. Macdonald moved to approve the Minutes of 24 May 2022 as written. Mr. Riehle
seconded. Motion passed 6-0 with Ms. Ostby abstaining.
10. Other Business:
a. Petition to Vermont Public Utilities Commission by AT&T to modify
telecommunications antennas and equipment at an existing telecommunications
facility owned and managed by American Tower Corporation (ATC) on property
owned by Gray Media Group dba WCAX-TV, 30 Joy Drive:
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b. Burlington Planning Commission public hearing on proposed amendments to
Burlington Comprehensive Development Ordinance, 26 July, 6:45 p.m., Burlington
City Hall, 149 Church Street
c. Preparation for anticipated 26 July joint meeting with City Council
Mr. MacDonald noted he will be away on 26 July. Mr. Chalnick was not certain.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:35 p.m.
___________________________________
Clerk