HomeMy WebLinkAboutMinutes - TDR IZ Committee - 04/03/2019Transfer of Development Rights Interim Zoning Commi ee
Mee ng Minutes
3 April 2019
Members Present: Tim Barri , Andrew Chalnick (clerk), Kelly Lord, Michael Mi ag (chair) and John Simson
Members Absent: Michael Albertson, Monica Ostby
Staff and Guests: Amanda Lafferty (city counsel), Art Shields, Carolee Boerger, Rosanne Greco, Sarah Dopp, Daniel Seff,
Debbie Hernberg, Michael Scollins, Noah Hyman, Steven Par llo
The Mee ng was called to order at 7:00 PM in the First Floor Conference Room of the South Burlington Police Sta on at
19 Gregory Drive.
1. Direc ons on emergency evacua on procedures from conference room
The emergency exit procedures and routes were described.
2. Agenda: Addi ons, dele ons or changes in order of agenda items
No changes
3. Open to the public for items not related to the agenda
No comments unrelated to the agenda
4. Opinion on Zoning proposal to replace TDRs – Amanda Lafferty.
5. Opinion on changing the TDR formula - Amanda Lafferty.
6. Review of TDR Commi ee Dra Report – members’ edits and comments.
The mee ng began with an overview of a report under development. The main points in the report will relate to op ons
that the commi ee will consider:
· A full re-write of the City’s TDR ordinance to conform to the City’s conserva on goals.
· A zoning proposal that would replace the TDRs
· Acquisi on and re rement of TDRs· Retain the TDR program as is but with changes needed in response to recent legal developments
Michael asked commi ee members to provide comments to him.
The commi ee then summarized for the guests its current understanding of the TDR program as well as the op ons the
commi ee is considering in response to its charge.
Ques ons from the guests were posed and answered.
In response to ques ons about Op on 2 (the re-zoning op on), Michael noted that Amanda provided the Commi ee
with examples of other municipali es that have “tradi onal” zoning along with conserva on programs.
Amanda Lafferty then described “takings” jurisprudence and provided the commi ee a handout in this regard
summarizing the state of the law. A er describing the law generally, Amanda concluded that implemen ng “Op on 2”
(the re-zoning op on) would not be a “takings”, i.e., no landowner would have a viable “takings” claim against the City if
op on 2 were implemented. Amanda will revert to the Commi ee on whether someone who merely holds “TDRs” (and
not the land) would have any claim against the City if Op on 2 were implemented.
Amanda then told the Commi ee that the City could re-balance the TDR program to provide one TDR for every, say, 5
acres rather than every 0.83 acres (under the current program) and that landowners would not have viable takings claims
against the City if TDRs were so re-balanced.
Tim noted that the City Council is considering “fixing” the TDR ordinance and discussion ensued as to what that might
mean.
The guests then posed several ques ons including:
1. Should the en re SEQ be excluded as a receiving area?
2. Should smaller parcels be excluded as receiving areas?
A discussion was had around these points no ng the environmental benefits of open space and farmland even in the
absence of other natural resource a ributes, but also no ng the demand for housing and the fact that the City has
expended some resources in building out sewer and water infrastructure in the SEQ.
1. Update on TDR Registry/Clearing House project – Kelly Lord.
This item to moved to a future agenda.
2. Approval of Minutes
Minutes for February 11, February 27, March 13, and March 27 were approved.
3. Adjourn
Next mee ng is April 17 at 7pm same loca on.
The mee ng adjourned at 9:00 PM.
Respec ully submi ed,
Andrew Chalnick