HomeMy WebLinkAboutAgenda - Natural Resources & Conservation Committee - 01/03/2024
NATURAL RESOURCES & CONSERVATION COMMITTEE MEETING AGENDA
JANUARY 3, 2024
Participation Options
In Person: 180 Market Street, Third Floor, Conference Room 301
Assistive Listening Service Devices available upon request
Electronically: https://meet.goto.com/275150117
Via phone: +1 (224) 501-3412 | Access Code: 275-150-117
Regular Session 6:00 p.m.
1. Welcome (6:00 p.m.)
2. Additions, deletion, or changes in order of Agenda Items (6:01)
3. Comments from the public not related to the agenda (6:04)
4. *Adoption of meeting minutes (6:10)
5. City updates (6:15)
6. Open Space Plan Report Update from City (6:20)
7. Land Development Regulations – Letter from Jean to Planning Commission (cont.) (6:30)
8. Updates on public education on wildlife safety (7:00)
9. Discuss process for NRCC to provide comments on site plans (7:25)
10. Member updates & reports: (7:45)
a. Chair
b. Other Members
11. Other business (7:55)
12. Next meeting, February 7th
13. Adjourn (8:00)
Respectfully submitted:
David Wheeler
Water Resources Engineer
***Attachments included
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NATURAL RESOURCES AND CONSERVATION COMMITTEE MEETING DECEMBER 6, 2023 | PAGE 2
NATURAL RESOURCES AND CONSERVATION COMMITTEE MEETING DECEMBER 6, 2023 | PAGE 3
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Committees
FROM: Development Review Board
SUBJECT: Policy for Committee Review of Development Review Applications
DATE: April 23, 2018
From time to time, the Development Review Board (DRB) may request that applicants for Development Review
permits meet with the City’s committees. This memorandum provides a clarifying procedure for committee
input into DRB applications. The standards and operating procedures below are designed in order to facilitate
an efficient and transparent process for the applicant, advisory body, and Development Review Board (DRB).
Authority:
Vermont State Statute delegates authority for decision making in cases of land use development to the
Development Review Board (DRB) (24 V.S.A. § 4460). 24 V.S.A. § 4433 and 24 V.S.A. § 4464 also establish the
role for advisory committees and provides direction as to the process and scope of review for such committees.
The Development Review Board is the only body with regulatory authority over the application.
Determining Committee Review:
The applicant shall first submit a complete application to the Planning & Zoning Department.
Review by one or more authorized committees may take place under the following three circumstances:
1. The applicant seeks committee review;
2. Staff recommends to the applicant that the application would benefit from early committee review; or,
3. The DRB seeks additional insight from an advisory committee.
Process/Expectations of Committee:
When an applicant is referred to an advisory committee, the purpose is for the Committee to provide input to
the DRB on the layout, design, or other regulatory component of the proposed development project. If the
applicant or the Board seeks advisory review:
The Development Review Planner will reach out to the Committee’s staff person to place an item on
the committee’s next agenda and confirm that the applicant is able to attend the meeting. The
Development Review Planner will provide relevant materials for the Committee’s review, including if
necessary a description of the specific elements of the Project the DRB desires feedback on.
Any advisory committee review of the proposal shall be during a public meeting and subject to the
open meeting law.
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The advisory committee must review the same plans that were submitted under the application to the
DRB. If the applicant wishes for the advisory committee to review additional concepts, those must be
submitted to the DRB as part of the application and will become part of the official and public record.
Timing of committee review may depend on the scale and scope of the project.
The Committee shall meet the DRB’s timeline for review. Since applications are often placed on hold
until committees have reviewed, the committee should provide the summary memorandum to the
Development Review Planner for dissemination to the DRB as soon as feasible after meeting with the
applicant. The DRB typically meets on the first and third Tuesdays of each month. Summary
memorandum are due to the DRB no later than the Thursday morning before the expected date of the
DRB review of the subject application.
Planning staff will assist in sharing the regulatory context. The advisory committee is encouraged to
formulate and vote on a motion regarding the proposal.
During the meeting, the applicant and the committee will discuss the Project. The committee should then
prepare a brief memorandum to the DRB summarizing their recommendations. In addition to the committee’s
specific recommendations, the memorandum should describe the intent and objectives of the committee in
making those recommendations. Development projects evolve over time, and compliance issues,
recommendations of technical staff, or other committees’ recommendations may necessitate changes to the
project. The purpose of including objectives is to allow the DRB to continue to consider the committee’s
recommendations in a way that is efficient for everyone.
The DRB recommends that the committee appoint a DRB liaison who can be available to attend DRB hearings
relevant to reviewed projects. This liaison should be authorized to speak on behalf of the committee only so
far as to represent whether the committee’s objectives are being taken into account when project changes are
made. This will further serve to streamline the committee review process and ensure their advisory role is
executed successfully. In addition, if a permanent DRB liaison is appointed, the Development Review Planner
will provide a draft agenda to the liaison at least 7 days prior to each hearing.
Adopted by the Development Review Board this ___ day of ___________, 2018.
________________________
Bill Miller, Chair
Development Review Board
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24 V.S.A. § 4464
(d) Role of advisory commissions in development review. An advisory commission that has been
established through section 4433 or chapter 118 of this title and that has been granted authority under the
bylaws, by ordinance, or by resolution of the legislative body to advise the appropriate municipal panel or
panels, applicants, and interested parties should perform the advisory function in the following manner:
(1) The administrative officer shall provide a copy or copies of applications subject to review by the
advisory commission and all supporting information to the advisory commission upon determination that
the application is complete.
(2) The advisory commission may review the application and prepare recommendations on each of
the review standards within the commission's purview for consideration by the appropriate municipal
panel at the public hearing on the application. The commission or individual members of the commission
may meet with the applicant, interested parties, or both, conduct site visits, and perform other fact-finding
that will enable the preparation of recommendations.
(3) Meetings by the advisory commission on the application shall comply with the open meeting
law, 1 V.S.A. chapter 5, subchapter 2, and the requirements of the commission's rules of procedure, but
shall not be conducted as public hearings before a quasijudicial body.
INITIAL NATURAL RESOURCE CONSIDERATIONS
Safeguarding South Burlington’s natural environment is important for maintaining
community sustainability. Avoiding or at least minimizing natural resource degradation is
important to both the city and development applicants so that proposals might be adjusted
early on in their formation, well before more costly engineering designs are undertaken.
Here are some actions to consider early in project planning. You may wish to start with
these priorities in mind and design around them.
• Protect and maintain existing high-quality native trees or tree stands (including even the occasional
mature dead tree) that provide food sources, shelter and nesting habitat for birds and other species
of wildlife, such as pollinators.
• Plant a mix of native trees with wildlife and pollinator values where appropriate. Actively manage
invasive plant species, especially during and immediately after the initial ground disturbance and
project completion phases. Once established, invasive plants can be difficult to remove.
• Protect native vegetation along wildlife corridors and riparian zones, especially where they extend
onto or abut adjacent properties. Consider creating, restoring, and/or preserving existing continuous
vegetated buffers and increasing the width of protected riparian areas and buffering vernal pools to
benefit wildlife and habitat connectivity. This is especially important in the SEQ. Use drought-
resistant landscaping to reduce onsite water use during dry periods in all areas.
• Consider minimizing impervious surfaces on the project site and use rain barrels, rain gardens and
swales where practical to slow runoff. Utilize light-colored roofs, sidewalks and pavement areas to
decrease the warming of runoff, which can degrade downstream waters and Lake Champlain.
• Reduce driveway lengths by minimizing setback distances. Scale down the dimensions of driveways
and parking lots not required for safety purposes and share these where possible with abutting
owners.
• Minimize the number of vehicular crossings of riparian areas and wildlife corridors in the project area
to avoid habitat fragmentation. Where crossings are necessary, utilize bridge or post designs over
culverts and ensure all designs maximize the safe and effective downstream and upstream passage
of mammals such as mink, otter, and beaver as well as aquatic organisms such as fish, frogs,
salamanders, and turtles.
• Minimize the use of outdoor lights and use low and shielded lights when lighting is necessary to avoid
deleterious effects on wildlife behavior and survival and to ensure the light to be placed is having its
intended purpose. Strongly consider other project power demand reduction design features (such as
onsite rooftop solar production for community buildings) which are likely to lessen the impacts on
natural resources both on and offsite.