HomeMy WebLinkAboutMinutes - TDR IZ Committee - 01/17/2019MINUTES of TDR Committee Meeting 1/17/19
Members Present: Tim Barritt, Chair, Andrew Chalnick, Tom Bailey, Clerk, Monica Ostby
Members Absent: Michael Albertson
Staff and Guests: Amanda Laverty, Asst. City Attorney, Kevin Dorn, City Manager, Paul Connor, Dir. Of
Planning and Zoning (briefly), Louise Hammond, Ethan Hammond-Fortune and Kelly Lord
The Meeting was called to order at 7:00 PM. Tim Barritt was selected as provisional Chair unanimously with the
condition that the position of Chair will be reconsidered when Michael Mittag returns from South Africa.
Amanda described the statutory authority for TDRs in 24 VSA Section 4423 and then summarized the history of
their adoption as a part of the evolution of the SEQ in the South Burlington Land Development Regulations
(LDRs). She noted that the LDRs require 1.2 dwelling units in the SEQ for a total of 4200. She noted the
adoption of the 4 dwelling units per acre cap and the 2006 amendment that established subdistricts in the SEQ,
including the Natural Resource Protection Subdistrict. She read aloud the pertinent parts of Sections 913 and 905
of the LDRs.
She then responded to questions from members and guests, and more when a City zoning district map was
spread out on the central table.
Then there occurred a wide ranging discussion. Monica raised her concern that the inability of the land owners
possessing TDRs to sell them would constitute a “taking” under the 5th Amendment of the US Constitution. Paul
Connor described the uses and development allowed under the LDRs in the Natural Resource Protection
Subdistrict (NRP) which appeared to resolve the “taking” issue (although it was noted that a case is currently on
appeal to the Vermont Supreme Court testing the validity of the zoning and TDR scheme in the LDRs).
Tom pointed out that the TDR scheme is designed as much to incentivize housing and housing density in the
SEQ as it is to protect and preserve open land. Again referring to the map the members identified the “sending”
and “receiving” areas and the nature of the natural resources, including a brief discussion of wetlands and
whether TDRs should only be saleable from “developable” parts of the NRP.
The members seemed to agree that much was learned from the information presented, that Amanda and Paul
were very helpful and that more study would be useful before too many conclusions were drawn.
The meeting adjourned at 9:00 PM.
Tom Bailey
Clerk