HomeMy WebLinkAboutAgenda - City Council - 08/01/2019South Burlington City Council
South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
City Council and Planning Commission Joint Special
Meetings and City Council Special Meeting
Thursday, August 1, 2019
6:30 pm
South Burlington Municipal Offices, 575 Dorset Street
AGENDA:
1.Agenda: Additions, deletions or changes in order of agenda items (6:30 pm)
2.Open to the public for items not related to the agenda (6:31 pm)
3.Introductions and welcome, Helen Riehle, Chair, City Council and Jessica Louisos, Chair, Planning
Commission (6:35 pm)
4.Status report presentations by committees on interim zoning projects: (6:40 pm)
Each to be followed by brief clarifying questions from Commissioners & Councilors
a.***Affordable Housing Committee on Inclusionary Zoning, John Simson, Chair (6:40 pm)
b.***Open Space Interim Zoning Committee, Allan Strong, Chair (7:00 pm)
c.***Transfer of Development Rights Interim Zoning Committee, Michael Mittag, Chair (7:20 pm)
d.***Planning Commission on PUD/Subdivision/Master Plans, Jessica Louisos, Chair (7:40 pm)
e.Economics of Land Conservation/Development, Kevin Dorn, City Manager (8:00 pm)
5.Facilitated discussion amongst Council, Commission, and Committee leadership of key themes,
significant decision points, overall schedule of completion (8:10 pm)
6.Planning Commission’s special meeting adjourns, City Council’s special meeting continues: (9:10 pm)
7.***Consider and possibly approve Addendum to Agreement with School District for the Exchange of
Rights & Interests in Real Property (9:12 pm)
8.Approve Consent Agenda (9:18 pm)
a.***Entertainment Permit b.***Disbursements
9.Consider and discuss upcoming deadline for interim zoning (9:20 pm)
10.Other Business (9:40 pm)
11.City Council’s special meeting adjourns (9:45 pm)
Respectfully submitted, Respectfully submitted,
Kevin Dorn
Kevin Dorn, City Manager Paul Conner, Director of Planning & Zoning
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Interim Zoning Committee/Commission Status Report
August 1, 2019
AFFORDABLE HOUSING COMMITTEE
Committee Charge and Highlights
The Affordable Housing Committee was charged to prepare draft amendments to the Land
Development Regulations (LDRs) that would extend inclusionary zoning requirements to new
residential developments beyond the City Center to the entire Transit Overlay Districts in the City.
These regulations will:
1)Be required for projects with 12 or more dwelling units
2)15% of units must be affordable in perpetuity to the following household median incomes:
a.For rental units: available when income is at or below 80% of Median
b.For ownership: available when income is at or below 100% of Median
3)Developer incentive: for every required inclusionary unit the developer receives the right to one
additional market rate unit
4)Developer alternatives: land dedication to the City or construction of affordable units off site
depending on circumstances
Committee Deliverables
The Committee has submitted a cover memo and draft amendments to the LDRs to the Planning Director
awaiting submittal to the Planning Commission
Key Recommendations
The Committee recommends that the Planning Commission review the inclusionary zoning amendments as
soon as they are able, hold a hearing and submit them to the City Council for rapid action. The Transit Overlay
Districts are not covered by Interim Zoning. If new housing is built there it is crucial it include affordable units.
The City has an urgent need for housing for the people in our workforce that is within their means and
convenient. The Comprehensive Plan has a firm goal: 1080 new units by 2025. Of those only 200 units have
been added. Inclusionary Zoning will not meet the target on its own, but it will help.
2
Work remaining for the Committee & estimated time to completion
The Committee has completed the work it was charged with. It remains only to guide it through the approval
and adoption process.
Next steps after your committee’s work is completed
The Committee has a 2020 plan to continue to expand the inclusionary zoning concept to the entire City,
consider other changes to the LDRs that will reflect smart growth and additional housing opportunities for
working families and seniors.
Do any of your Committee’s deliverables interact with or depend upon on the work
of other IZ Committees/ Boards? If so, in what manner:
The TDR committee’s recommendations for expanding the “receiving areas” to land outside the SEQ may
produce an incentive for developers that may conflict with the inclusionary zoning developer offset and will
need to be worked on by the Planning Commission.
Submitted by,
John Simson, Chair
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Interim Zoning Committee/Commission Status Report
August 1, 2019
Open Space
Brief description of the charge/focus of the Committee’s work and main areas of discussion (4-5
sentences max):
The prioritization for conservation of existing open spaces, forest blocks, and working landscapes in
South Burlington in the sustenance of our natural ecosystems, scenic viewsheds, and river corridors.
Under a prior Interim Bylaw, an Open Space Report was completed (April 2014), which includes
proposed Land Development Regulations in Appendix D and provides a basis for the work to be
accomplished by the current Open Space Committee.
Planned Committee Deliverables (bullet list or brief description): [examples- report with policy
recommendations, draft LDR language on X topic, list or map of priorities, etc.]
We plan to provide a document that reports on an assessment of approximately 180 parcels in South
Burlington that are >4 acres in size and <10 impervious surface. The committee will use this
assessment to recommend 10-20 parcels in the city that should be prioritized for
conservation/protection.
The document will follow this general outline:
Executive Summary
Introduction/Context
Methods
Results
Discussion/Caveats
We plan to provide an appendix that will show the rankings for each parcel that we assessed and a
short narrative about the parcel.
Key Recommendations: (if known, if not known yet provide a short description of where the
Committee is at in this subject area and what might be anticipated):
We cannot provide a list of the parcels that we will recommend at this time as we are still finalizing
our assessments. However, the key recommendation will be the list of 10-20 parcels for which the
city should prioritize conservation/protection.
2
Work remaining for the Committee & estimated time to completion:
We are still struggling with some technical issues with our spatial database that seem to be taking
longer to resolve than anticipated. Our next meeting is 13 August, at which time we should be
finalizing our list of priority parcels. We anticipate that our work will be completed by the end of
August.
Next steps after your committee’s work is completed: [ie, what should the Commission & Council
anticipate for their work plans this fall & beyond]
We will provide some suggestions for how best to conserve/protect that parcels that we prioritize.
However, finalizing best strategies for on-the-ground conservation will be up to City Council and the
Planning Commission. Additionally, it is likely that some parcels that are recommended for
conservation will be ones that are already targeted for development. We realize that some parcels
may be far enough along in the planning/permitting process that conservation is no longer an option.
However, our hope is that rather than “sit on a shelf,” this report would be used at the end of Interim
Zoning to both prioritize conservation and slow development in areas that have significant natural
resource values.
Do any of your Committee’s deliverables interact with or depend upon on the work of other IZ
Committees/ Boards? If so, in what manner:
Probably the most important interaction with our committee will be any changes to regulatory
protection of natural resources and how conservation PUDs are implemented. Given the relatively
low number of properties that we recommend for conservation/protection, we feel it would be best
if we were not recommending parcels that are in essence de facto conserved.
Other notes:
None at this time.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TDR Interim Zoning Committee Status Report
August 1, 2019
The charge given to the TDR Committee by the City Council is to “Undertake an analysis of the
program for the Transfer of Development Rights established in and by the Land Development
Regulations and recommend options for its implementation.”
While understanding that any TDR Program is both a Planning and a Conservation tool, the TDR
committee’s main discussion and focus has been on:
•the Conservation Value of the TDR program
•a search for other viable means to conserve open space, farmland, forest blocs and wildlife
habitats
•how to expand the TDR marketplace to Receiving Areas outside the SEQ
The committee has agreed the following key recommendations to revise the TDR program:
•Establish Receiving Areas in zones outside the SEQ using a TDR Overlay District Map or
other mapping tool and/or areas not identified by the Interim Zoning Open Space Committee as
a priority for conservation
•Amend SB LDRs to establish a maximum square footage per dwelling unit. Owners or
developers could build larger units in exchange for the purchase of a requisite number of TDRs
•Designate areas in the SEQ that are presently Receiving Areas as Sending Areas to the extent a
parcel is identified by the Interim Zoning Open Space Committee as high priority for
conservation
•Add new Sending Areas that are outside the SEQ to the extent a parcel is identified by the
Interim Zoning Open Space Committee as high priority for conservation
•Evaluate best practices to connect buyers and sellers of TDRs to create a fair TDR marketplace.
Newly designated Receiving Areas outside the SEQ would qualify for additional density through the
purchase of a requisite number of TDRs.
Newly designated Sending Areas outside the SEQ would need to be zoned for low density
development (equivalent to the NRP zone).
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Other Options considered by the committee were:
1.Eliminate the TDR program and replace it with conventional zoning.
2.Retain current zoning and retire (purchase) all outstanding TDRs.
3.Retain the current TDR program as is.
Work remaining for the Committee & estimated time to completion:
If the Planning Commission and City Council accept the committee’s recommendations, then amended
LDRs and a new TDR Ordinance would need to be drafted, approved, published and implemented.
City staff and TDR committee members would need to work together on the Drafting of LDR
amendments and a new TDR Ordinance.
This work could take several months depending on available staff time, Planning Commission review
and Public Hearings, City Council review and Public Hearings.
Next steps:
•The TDR Committee’s Final Report and Recommendations (not including draft amended
LDRs) should be complete and delivered to the Planning Commission and City Council by the
end of August.
•Receive feedback from the Planning Commission.
•Amend the report as necessary.
Do any of your Committee’s deliverables interact with or depend upon on the work of other IZ
Committees/ Boards? If so, in what manner:
The TDR Committee will use the findings and recommendations of the Open Space committee to
designate Sending and Receiving areas/parcels.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
Interim Zoning Committee/Commission Status Report
August 1, 2019
PLANNING COMMISSION
Brief description of the Planning Commission’s work and main areas of discussion:
The City Council has prioritized the completion of new Planned Unit Development (PUD) standards
above other items on the Planning Commission’s work plan. The Commission has been working on all
elements of the PUDs and incorporation of these elements into the Land Development Regulations
(LDRs). This work includes setting standards for natural resource protection, open space types,
building types, and street types that are consistent and not limited to the PUD or FBC areas. This
work includes a specific focus on implementing some Comprehensive Plan goals and objectives and
evaluation of natural resource protection standards. The PC will also be receiving information from
other Committees and evaluating in the context of all City Goals.
Planned Planning Commission Deliverables:
•Planned Unit Development update to LDRs including four distinct types: Conservation,
Traditional Neighborhood Development, Neighborhood Commercial Development, Business
Campus
•Subdivision standards update to LDRs
•Master Plan new LDRs
•Consolidation of Zoning Districts where uses are functionally the same and adjustments to
zoning district boundaries where existing uses are not consistent with the rest of the zone.
•Natural Resource Protection Standards
•City Center Form Based Code LDR adjustments
•Open Space types, building typologies, and street types that establish standards and their
applicability relative to their location in the city for each of these elements.
Key Recommendations:
•Development of more than four acres (except in FBC area) will require a PUD. Each PUD sets
allocations for certain types of landuse along with some flexibility in the form of unallocated
land percentages that the developer can apply to any type. Four types are being included at
this time, but the format can easily be used to add additional types at a future time.
•PUD types allowed are specified for each area of the City (see attached graphic, chart and
table):
o Conservation – Allowed in all areas of the City. If more than 50% of the property has
identified natural resources, then a Conservation PUD is required. Landuse focuses on
Open Space (70% required) with some residential and a lower percentage of non-
2
residential uses.
o Traditional Neighborhood Development – Focuses on residential uses (70% required)
with 10% of the land required for each non-residential uses and open space, of which
5% needs to be civic uses.
o Neighborhood Commercial Development – Focuses on mixed uses with 50% required
residential and 30% required non-residential. 10% of the land required for open space
of which 5% needs to be civic uses.
o Business Campus – Non-residential and industrial districts. Focuses on non-residential
uses with required open space and civic uses (40% required). Multi-family residential
is allowed.
o Though not a specific type, we’re also expecting to recommend updates to PUDs which
fall within the City’s Transit Overlay District.
•Substantial updates to subdivision and master plan regulations
•Natural Resource Protection Standards have been evaluated and adjusted to include
additional resources not previously recommended and bolster existing levels of protection.
These will apply to properties at the time of development to prioritize open space. In a PUD
the highest value resources would be removed from the buildable area calculation.
Evaluation and adjustments are recommended for Class 1, 2, 3 wetlands, flood hazard areas,
and surface water buffers. New protections are recommended for forested areas, river
corridors, steep slopes, and agriculture. Shoreline protection will use the recently created
state standards instead of having duplicative local standards. For most of these resources
there are multiple definitions that are protected at different levels based on function and
priority. Where possible definitions used at the state level are also used in the LDRs for
consistency.
•Open space, and street types have been expanded from the initial lists now applicable in the
FBC area only to apply to other areas of the City. Building types are under development for
the first time.
•Adjust parking standards to eliminate minimums except for multi-family housing and
accessory dwelling units.
•Requirements for new buildings to be solar ready and for parking landscape requirements to
be prorated when there is a solar canopy over parking areas are both being considered.
Work remaining for the Committee & estimated time to completion:
Tie together Planning Commission work products with work products and feedback from other
Committees. This will likely take time to work through given both the policy and the technical
elements. We fully anticipate wrapping up the PUD/Subdivision project work by the end of this year.
Next steps after your committee’s work is completed:
LDR changes will be sent to the City Council for their approval, which will include a public hearing and
vote on adoption. This is expected in at least two rounds of LDR changes. One set has a public
hearing set and the Council may expect this as early as next month. The second set is expected to be
ready for the Council in Fall 2019. We also expect that there may be additional work products
originating from the other Committees that will pass through the Planning Commission to the
Council, whose timeline will be better defined at the August joint meeting.
3
Do any of your Committee’s deliverables interact with or depend upon on the work of other IZ
Committees/ Boards? If so, in what manner:
It is expected that any LDR changes recommended by the other Committees will come to the
Planning Commission for review and inclusion in the LDRs. This will include tying together Planning
Commission work products with work products and feedback from other Committees, evaluating
recommendations within the perspective of all City priorities, making policy decisions based on
recommendations, and evaluating the need for and executing any remaining vetting of potential LDR
changes. Specific known interactions include evaluating recommendations of the Open Space
Committee with the Natural Resource Protection Standards that the PC is working on to see if the
PC’s draft LDRs work well with the work of the Committee and considering inclusion of the LDR
changes that come from the Affordable Housing and TDR Committees.
Other notes:
See attached figure “PUD Typology” for draft PUD allocations of landuse types.
Drafted by Jessica Louisos, Chair on behalf of the Planning Commission, July 26, 2019
Conservation TND
Residential Min: 15%15%Residential Min: 70%70%
Non-Residential Min: 5%5%Non-Residential Min: 10%10%
Open Space Min:70%70%Open Space Min: 10%10%
Unallocated: 10%10%Unallocated: 10%10%
Total:100%Total:100%
NCD
Planned Agriculture Residential Min: 50%50%
Residential Min: NA NA Non-Residential Min: 30%30%
Non-Residential Min: 20%20%Open Space Min: 10%10%
Open Space Min: 60%60%Unallocated: 10%10%
Unallocated: 20%20%Total:100%
Total:100%
Planned Residential
Residential Min: 65%65%TOD
Non-Residential Min: 5%5%Residential Min: 40%40%
Open Space Min: 20%20%Non-Residential Min: 40%40%
Unallocated: 10%10%Open Space Min: 10%10%
Total:100%Unallocated: 10%10%
Total:100%
Campus
Residential Min: 0%0%
Non-Residential Min: 40%40%
Open Space Min: 40%40%
Unallocated: 20%20%
Total:100%
Residential
Min: NA
Non-Residential
Min: 20%
Open Space
Min: 60%
Unallocated:
20%
Residential
Min: 65%
Non-Residential
Min: 5%
Open Space
Min: 20%
Unallocated: 10%
Residential
Min: 0%
Non-Residential
Min: 40%
Open Space
Min: 40%
Unallocated:
20%
Residential
Min: 70%
Non-Residential
Min: 10%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 50%
Non-Residential
Min: 30%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 40%
Non-Residential
Min: 40%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 15%
Non-Residential
Min: 5%
Open Space
Min:70%
Unallocated:
10%
Conservation TND
Residential Min: 15%15%Residential Min: 70%70%
Non-Residential Min: 5%5%Non-Residential Min: 10%10%
Open Space Min:70%70%Open Space Min: 10%10%
Unallocated: 10%10%Unallocated: 10%10%
Total:100%Total:100%
NCD
Planned Agriculture Residential Min: 50%50%
Residential Min: NA NA Non-Residential Min: 30%30%
Non-Residential Min: 20%20%Open Space Min: 10%10%
Open Space Min: 60%60%Unallocated: 10%10%
Unallocated: 20%20%Total:100%
Total:100%
Planned Residential
Residential Min: 65%65%TOD
Non-Residential Min: 5%5%Residential Min: 40%40%
Open Space Min: 20%20%Non-Residential Min: 40%40%
Unallocated: 10%10%Open Space Min: 10%10%
Total:100%Unallocated: 10%10%
Total:100%
Campus
Residential Min: 0%0%
Non-Residential Min: 40%40%
Open Space Min: 40%40%
Unallocated: 20%20%
Total:100%
Residential
Min: NA
Non-Residential
Min: 20%
Open Space
Min: 60%
Unallocated:
20%
Residential
Min: 65%
Non-Residential
Min: 5%
Open Space
Min: 20%
Unallocated: 10%
Residential
Min: 0%
Non-Residential
Min: 40%
Open Space
Min: 40%
Unallocated:
20%
Residential
Min: 70%
Non-Residential
Min: 10%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 50%
Non-Residential
Min: 30%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 40%
Non-Residential
Min: 40%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 15%
Non-Residential
Min: 5%
Open Space
Min:70%
Unallocated:
10%
Conservation TNDResidential Min: 15%15%Residential Min: 70%70%Non-Residential Min: 5%5%Non-Residential Min: 10%10%Open Space Min:70%70%Open Space Min: 10%10%Unallocated: 10%10%Unallocated: 10%10%Total:100%Total:100%
NCD
Planned Agriculture Residential Min: 50%50%
Residential Min: NA NA Non-Residential Min: 30%30%
Non-Residential Min: 20%20%Open Space Min: 10%10%
Open Space Min: 60%60%Unallocated: 10%10%
Unallocated: 20%20%Total:100%
Total:100%
Planned Residential
Residential Min: 65%65%TOD
Non-Residential Min: 5%5%Residential Min: 40%40%
Open Space Min: 20%20%Non-Residential Min: 40%40%
Unallocated: 10%10%Open Space Min: 10%10%
Total:100%Unallocated: 10%10%
Total:100%
Campus
Residential Min: 0%0%
Non-Residential Min: 40%40%
Open Space Min: 40%40%
Unallocated: 20%20%
Total:100%
Residential
Min: NA
Non-Residential
Min: 20%
Open Space
Min: 60%
Unallocated:
20%
Residential
Min: 65%
Non-Residential
Min: 5%
Open Space
Min: 20%
Unallocated: 10%
Residential
Min: 0%
Non-Residential
Min: 40%
Open Space
Min: 40%
Unallocated:
20%
ResidentialMin: 70%Non-ResidentialMin: 10%Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 50%
Non-Residential
Min: 30%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 40%
Non-Residential
Min: 40%
Open Space
Min: 10%
Unallocated:
10%
ResidentialMin: 15%Non-ResidentialMin: 5%
Open Space
Min:70%
Unallocated:
10%
Conservation TND
Residential Min: 15%15%Residential Min: 70%70%
Non-Residential Min: 5%5%Non-Residential Min: 10%10%
Open Space Min:70%70%Open Space Min: 10%10%
Unallocated: 10%10%Unallocated: 10%10%
Total:100%Total:100%
NCD
Planned Agriculture Residential Min: 50%50%
Residential Min: NANA Non-Residential Min: 30%30%
Non-Residential Min: 20%20%Open Space Min: 10%10%
Open Space Min: 60%60%Unallocated: 10%10%
Unallocated: 20%20%Total:100%
Total:100%
Planned Residential
Residential Min: 65%65%TOD
Non-Residential Min: 5%5%Residential Min: 40%40%
Open Space Min: 20%20%Non-Residential Min: 40%40%
Unallocated: 10%10%Open Space Min: 10%10%
Total:100%Unallocated: 10%10%
Total:100%
Campus
Residential Min: 0%0%
Non-Residential Min: 40%40%
Open Space Min: 40%40%
Unallocated: 20%20%
Total:100%
Residential
Min: NA
Non-Residential
Min: 20%
Open Space
Min: 60%
Unallocated:
20%
Residential
Min: 65%
Non-Residential
Min: 5%
Open Space
Min: 20%
Unallocated: 10%
Residential
Min: 0%
Non-Residential
Min: 40%
Open Space
Min: 40%
Unallocated:
20%
Residential
Min: 70%
Non-Residential
Min: 10%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 50%
Non-Residential
Min: 30%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 40%
Non-Residential
Min: 40%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 15%
Non-Residential
Min: 5%
Open Space
Min:70%
Unallocated:
10%
Conservation TND
Residential Min: 15%15%Residential Min: 70%70%
Non-Residential Min: 5%5%Non-Residential Min: 10%10%
Open Space Min:70%70%Open Space Min: 10%10%
Unallocated: 10%10%Unallocated: 10%10%
Total:100%Total:100%
NCD
Planned Agriculture Residential Min: 50%50%
Residential Min: NANA Non-Residential Min: 30%30%
Non-Residential Min: 20%20%Open Space Min: 10%10%
Open Space Min: 60%60%Unallocated: 10%10%
Unallocated: 20%20%Total:100%
Total:100%
Planned Residential
Residential Min: 65%65%TOD
Non-Residential Min: 5%5%Residential Min: 40%40%
Open Space Min: 20%20%Non-Residential Min: 40%40%
Unallocated: 10%10%Open Space Min: 10%10%
Total:100%Unallocated: 10%10%
Total:100%
Campus
Residential Min: 0%0%
Non-Residential Min: 40%40%
Open Space Min: 40%40%
Unallocated: 20%20%
Total:100%
Residential
Min: NA
Non-Residential
Min: 20%
Open Space
Min: 60%
Unallocated:
20%
Residential
Min: 65%
Non-Residential
Min: 5%
Open Space
Min: 20%
Unallocated: 10%
Residential
Min: 0%
Non-Residential
Min: 40%
Open Space
Min: 40%
Unallocated:
20%
Residential
Min: 70%
Non-Residential
Min: 10%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 50%
Non-Residential
Min: 30%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 40%
Non-Residential
Min: 40%
Open Space
Min: 10%
Unallocated:
10%
Residential
Min: 15%
Non-Residential
Min: 5%
Open Space
Min:70%
Unallocated:
10%
PUD Typology
Recommended Land AllocationsConservation
Planned Agriculture
Campus
Traditional Neighborhood Development (TND)
Neighborhood Commercial Center (NCD)
Context: Rural
PUD “Focus”: Resource Protection
Context: Rural
PUD “Focus”: Agricultural Enterprise
Context: Suburban
PUD “Focus”: Institutional Center
Context: Urban
PUD “Focus”: Neighborhood Park/Center
Context: Urban
PUD “Focus”: Commercial Center
Residential Uses - Min: 15%
Residential Uses - NA
Residential Uses - Min: 0%
Residential Uses - Min: 70%
Residential Uses - Min: 50%
Single, Two Family - Min: 10%*
Attached (Row, Town) - Optional (as
allowed in underlying district)
Multifamily - Prohibited
Single, Two Family - Prohibited
Attached (Row, Town) - Prohibited
Multifamily - Prohibited
Single, Two Family - Prohibited
Attached (Row, Town) - Optional (as
allowed in underlying district)
Multifamily - Optional (as allowed in
underlying district)
Single, Two Family - Min: 40%*
Attached (Row, Town) - Min: 10%*
Multifamily - Min: 10%*
Single, Two Family - Min: 20%*
Attached (Row, Town) - Min: 10%*
Multifamily - Min: 10%*
Civic Uses - Min: 2%*
Commercial Uses - Prohibited
Mixed Uses - Prohibited
Ag Enterprises - Min: 20%*
Civic Uses - Prohibited
Commercial Uses - Prohibited
Mixed Uses - Optional (as allowed in
underlying district)
Ag Enterprises - Min: 20%*
Civic/Commercial Uses - Min: 40%*
Mixed Uses - Optional (as allowed in
underlying district)
Ag Enterprises - Optional (as allowed
in underlying district)
Civic Uses - Min: 5%*
Commercial Uses - Optional (as
allowed in underlying district)
Mixed Uses - Optional (as allowed in
underlying district)
Ag Enterprises - Prohibited
Civic Uses - Min: 5%*
Commercial Uses - Optional (as
allowed in underlying district)
Mixed Uses - Min: 20% *
Ag Enterprises - Prohibited
Park/Civic Space - Min: 2%
Resource Land - Min: 65%
Accessory GM Solar Array - Optional
(as allowed in underlying district)
Park/Civic Space - Optional (as allowed
in underlying district)
Resource Land - Min: 60%
Accessory GM Solar Array - Optional
(as allowed in underlying district)
Park/Civic Space - Min: 20%
Resource Land - Optional (as allowed in
underlying district)
Accessory GM Solar Array - Optional
(as allowed in underlying district)
Park/Civic Space - Min: 5%
Resource Land - Prohibited
Accessory GM Solar Array - Prohibited
from counting
Park/Civic Space - Min: 5%
Resource Land - Prohibited
Accessory GM Solar Array - Prohibited
from counting
Non Residential Uses - Min: 5%
Non Residential Uses - Min: 20%
Non Residential Uses - Min: 40%
Non Residential Uses - Min: 10%
Non Residential Uses - Min: 30%
Open Space - Min: 70%
Open Space - Min: 60%
Open Space - Min: 40%
Open Space - Min: 10%
Open Space - Min: 10%
Unallocated - 10%
Unallocated - 20%
Unallocated - 20%
Unallocated - 10%
Unallocated - 10%
* of developable landDRAFT
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ADDENDUM TO AGREEMENT FOR THE
EXCHANGE OF RIGHTS AND INTERESTS IN REAL PROPERTY
This Addendum (the “Addendum”) to the Agreement for the Exchange of
Rights and Interests in Real Property (the “Agreement”), dated as of the date the
last party signs below, is made and entered into by and between the City of South
Burlington, a Vermont municipality located in the County of Chittenden and State
of Vermont, (the “City”) and the South Burlington School District, a Vermont
municipality located in the County of Chittenden and State of Vermont, (the “School
District” and collectively with the City, the “Parties”).
WHEREAS, the Parties entered into an Agreement for the Exchange of
Rights and Interests in Real Property, dated September 5, 2018 (the “Agreement”);
and
WHEREAS, the City and the School District are willing to amend the
Agreement so that certain provisions of the Agreement are clarified and to provide
for additional commitments related to stormwater management, traffic and
pedestrian access and circulation and the impact of construction of the City’s
proposed Municipal Building and development of neighboring properties on the
safety and security of children attending the Rick Marcotte Central School.
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, for good and valuable consideration, the receipt of
which is hereby acknowledged, and the terms and conditions of the Agreement, the
City and School District hereby agree as follows:
1.Stormwater Management Improvements. As part of both the City’s
construction of improvements associated with the Municipal Building within the
Municipal Building Access Easement and the reconfiguration of parking lots on the
Marcotte School Parcel, the City and School District agree that the City will
construct certain stormwater management improvements as described in and
shown on a concept plan (the “Plan”) attached hereto as “Exhibit 1,” which is
incorporated herein by reference.
A.The City agrees that stormwater treatment practices shown on the
Plan, including but not limited to the chamber detention systems and
biofiltration treatment practices, shall be installed and perform as designed
upon construction so the School District’s stormwater management system
for the Marcotte School meets the appropriate treatment standards (e.g., 1-
year and 25-year hydraulic, “first inch” and other applicable regulatory
standards) as proposed. To the extent these treatment practices either fail to
function as designed, are not constructed properly or do not manage
stormwater to the level required by regulatory standards applicable at the
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time of installation, the City shall design, with input from the School District,
and install replacement treatment practices at its own cost and expense. Any
replacement treatment practices installed by the City shall be located either
within or beneath the Marcotte School parking lots or the Municipal Building
Access Easement. The foregoing warranty shall not apply if the School
District takes any action to materially alter the performance and
functionality of its stormwater management system and shall remain in
effect for a term of two years following completion of installation.
B.The City and School District agree that the Municipal Building Access
Easement described in Section 2 of the Agreement is not exclusive and may
be used by the School District for placement, installation, operation,
maintenance, repair and replacement of the stormwater treatment practices
shown as “Biofiltration Areas for Water Quality Treatment (Not to Scale)” in
pink color on the Plan to manage stormwater generated from the Marcotte
School’s impervious surfaces. The Parties agree to revise the Easement Deed
attached to the Agreement as Exhibit B accordingly.
C.The City and School District further agree that the Easement Deed
attached to the Agreement as Exhibit B shall also be revised to include a
reservation of a right by the School District for the discharge, management
and treatment of stormwater from the portion of the northerly access drive to
the easterly Marcotte School parking lot that is located immediately
northerly of the northerly boundary line of the Municipal Building Access
Easement and Market Street Access Easement (shown in light blue color on
the Plan) into the stormwater management system to be constructed, owned
and maintained by the City within the Municipal Building Access Easement.
D.Upon completion of the standard one-year warranty period following
construction of the stormwater treatment practices shown on the Plan, the
City shall incorporate the entire stormwater management system shown on
the Plan into the City’s General Permit for Small Municipal Separate Storm
Sewer Systems No. 7027-9014.A1RA, as amended (the “MS4 Permit”).
1.The School District will coordinate with the City, will endeavor
to obtain the necessary approvals for and will work with the City to
prepare the appropriate legal documents to incorporate the stormwater
management system shown on the Plan into the City’s MS4 Permit,
including provision of a license to the City for maintenance and
execution of a maintenance agreement for the City to operate,
maintain, repair and replace the Marcotte School’s stormwater
management system pursuant to Section 7.1 of the City’s Ordinance
Regulating the Use of Public and Private Sanitary Sewerage and
Stormwater Systems (the “Stormwater Ordinance”). The School
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District agrees to pay not only the stormwater system user fee
pursuant to Article 6 of the Stormwater Ordinance, but also an annual
maintenance fee to the City that is commercially reasonable and
intended to reasonably compensate the City for staff time, equipment
and resources it expends maintaining the Marcotte School stormwater
management system.
2.The City will allow and not object to the School District using, as
applicable, the stormwater treatment practices shown on the Plan and
constructed on the entire Marcotte School Parcel, including within the
Municipal Building Access Easement, to comply with ANR’s “3-Acre
Stormwater Rule.”
E. The School District acknowledges that the City may make alterations,
repairs and improvements to the drainage system within the Williston Road
(U.S. Route 2) right-of-way without the School District’s consent, but the City
agrees that even if alterations, repairs and improvements are made to said
drainage system, the School District may continue to discharge the same rate
and volume of stormwater that is currently discharged from the Marcotte
School’s northerly roofs and the northerly portion of the Williston Road access
driveway into the Williston Road (U.S. Route 2) stormwater drainage system.
Any proposed alteration by the City in the rate and volume of stormwater
discharged by the School District into the current Williston Road drainage
system must receive the advanced written consent of the School District,
which consent can be given or withheld in the School District’s sole and
complete discretion.
2.Current City Hall and Fire Station Property Stormwater Management
System. The City shall continue to provide MS4 Permit coverage to the stormwater
management system at the current City Hall and Fire Station property at 575
Dorset Street while the City Hall building at 575 Dorset Street is leased and/or
owned by the School District. Upon the School District’s acquisition of ownership of
the southerly portion of the current City Hall property at 575 Dorset Street, the
School District shall be responsible for payment of the stormwater system user fee
pursuant to Article 6 of the Stormwater Ordinance for its portion of the 575 Dorset
Street property.
3.Market Street Access Design and Related Pedestrian and Traffic Circulation.
The City shall implement the following measures to protect children walking or
biking to and from Marcotte School and to reduce the likelihood of pedestrian and
vehicular conflicts:
4
A.The City shall install a permanent sidewalk along the easterly side of,
at a higher elevation than, and protected by curbing from, the road to be
constructed within the Market Street Access.
B.The City shall prohibit on-street parking within fifty-four feet (54’) of
both the northerly and southerly boundaries of the curb cut or access drive to
be installed to serve the property, which is known as “Lot B,” abutting the
easterly side of the road to be constructed within the Market Street Access.
C.In exchange for the foregoing, the School District agrees to waive any
right to appeal to the Environmental Division of Vermont Superior Court the
City’s zoning approval relating to the road to be constructed within the
Market Street Access. In addition, to the extent the School District could
participate in and file an appeal of any zoning approval for development of
Lot B, the School District waives any right it may have to object to or contest
the location of the curb cut or access drive from Lot B to the road to be
constructed within the Market Street Access in any such appeal. The School
District’s foregoing waiver of its right to appeal any development on Lot B is
limited solely to its right to object to or contest the location of the curb cut or
access drive from Lot B to the road to be constructed within the Market
Street Access; said waiver of the School District’s right to appeal shall not
apply to any other aspect of the development of Lot B. The School District
also waives any claim that such curb cut or access drive from Lot B to the
road to be constructed within the Market Street Access be a secondary access,
as described in Section 3(a) of the Agreement.
4.Construction Coordination and Access to the Marcotte School During
Construction. Except under limited circumstances, the City shall provide
continuous, uninterrupted two-way access to the Marcotte School during
construction so as to not interfere with the School District’s delivery of educational
services. Recognizing that during construction there may be limited circumstances
where continuous two-way access is not feasible, the City and its contractor shall
communicate and coordinate with the School District to limit deliveries and these
disruptions to the extent possible so they occur outside of high traffic times of day,
such as during pick-up and drop-off hours (7:40-8:10 a.m. and 2:25-2:55 p.m.), and
during school-related special events that the School District provides the City with
advanced notice of.
A.A proposed construction phasing schedule is attached hereto and
incorporated herein by reference as “Exhibit 2.”
B.To ensure consistent communication and coordination with respect to
construction phasing and scheduling and to minimize disruption and impacts
from the construction on the School District’s delivery of educational services,
5
School District staff, the City’s construction manager and the construction
contractor shall meet at least weekly to coordinate construction scheduling
and phasing.
C.Pursuant to the proposed phasing schedule attached as Exhibit 2, the
current access drive to the Marcotte School from Market Street shall be
relocated to facilitate construction of the road within the Market Street
Access. Pursuant to the proposed phasing schedule, for a limited period as
reasonably necessary to provide continuous access to the current Marcotte
School parking lots prior to the reconstruction of said parking lots, the City
shall have the temporary right of access to install, construct, reconstruct,
repair, replace, patrol, level, fill, drain, and pave a temporary, twenty-two-
foot (22’) wide, fenced, asphalt drive of sufficient width to provide continuous
two-way vehicular traffic across the Marcotte School property to the current
Marcotte School parking lots, more particularly shown as the dark grey
shaded area labeled “Temporary 22’ wide Asphalt Drive for two-way School
Access” located directly north-northeasterly of the Municipal Building Access
Easement on the plan entitled, “Construction Phasing and Logistics Plan –
Phase 1” sheet C1.0 of Exhibit 2 (the “Phase 1 Plan”). The City shall provide
the School District fifteen days’ advanced written notice of when it proposes
to relocate the current access drive, and the School District shall have the
right to advanced consent to such relocation, which consent shall not be
unreasonably withheld, conditioned or delayed. The current access drive to
the Marcotte School from Market Street shall not be closed off or terminated
until construction of the “Temporary 22’ wide Asphalt Drive for two-way
School Access” is complete and available for use. Furthermore, upon
completion of the construction and reconfiguration of the Marcotte School
parking lots, the area in which the “Temporary 22’ wide Asphalt Drive for
two-way School Access” is located on the Marcotte School property shall be
restored to the condition depicted on the plan entitled “Construction Phasing
and Logistics Plan - Phase 4 (August 2020 thru End)” and the Marcotte
School site plan as approved by the Development Review Board. Moreover, to
the extent the reconstruction and reconfiguration of the Marcotte School
parking lots is not complete by August 24, 2020 or the first day of classes for
Marcotte School students, whichever shall first occur, the City shall provide
at least the same number of temporary replacement parking spaces for use by
Marcotte School staff within the Municipal Building Access Easement as are
still being reconstructed in the Marcotte School westerly parking lot.
D. Other than within the Municipal Building Access Easement and the
temporary access drive described in Section 4(C), above, and shown on the
Phase 1 Plan, no construction on the Marcotte School property, including
reconfiguration of the Marcotte School parking lots and construction of the
6
stormwater management system, shall occur prior to June 15, 2020, unless
expressly agreed, in writing, by the Parties in advance.
E. To the extent the City may need to arrange alternative access to the
Marcotte School for the School District so as to accommodate construction of
the Municipal Building or the improvements described in Section 4(C) hereof,
including but not limited to use of the Williston Road access drive to the
Marcotte School, the City shall provide the School District fifteen days’
advanced written notice of its proposal for alternative Marcotte School access,
and the School District shall have the right to advanced consent to such
proposal, which consent shall not be unreasonably withheld, conditioned or
delayed. No additional School District land shall be used for access other
than the current access drive, the Williston Road access drive or the
“Temporary 22’ wide Asphalt Drive for two-way School Access” described in
Section 4(C) hereof. If the Williston Road access drive to the Marcotte School
is to be used, it shall function as a one-way access. All turns to or from this
access drive and to or from Williston Road shall only be right turns; left turns
in or out of this access drive shall be prohibited. If the Williston Road access
drive is used, the City shall provide traffic control services at its expense to
facilitate the use of the Williston Road access drive during pick-up and drop-
off hours (7:40-8:10 a.m. and 2:25-2:55 p.m.), during school-related special
events and at other reasonably necessary times as determined by the School
District that the School District provides the City with advanced notice of.
5.All words, phrases and terms used in this Addendum shall have the same
meaning as in the Agreement.
6.All other terms, provisions and conditions of the Agreement shall remain in
full force and effect and are not modified by this Addendum.
SOUTH BURLINGTON SCHOOL DISTRICT
By: ___________________________ __________________
Its Duly Authorized Agent Date
CITY OF SOUTH BURLINGTON
By: ____________________________ __________________
Its Duly Authorized Agent Date
SBSD-SON19-001 Final Addendum to Land Exchange Agr.docx
EVEVLOW-EMITTING FUEL EFFICIENTVEHICLES ONLY LOW-EMITTING FUEL EFFICIENTVEHICLES ONLY
LOW-EMITTING FUEL EFFICIENTVEHICLES ONLYLOW-EMITTING FUEL EFFICIENTVEHICLES ONLY LOW-EMITTING FUEL EFFICIENTVEHICLES ONLYENGINEERING VENTURESPC
POST DEVELOPMENT DRAINAGE
PINK TREATMENT AREAS
DISCHARGING TO CHAMBER
SYSTEM #1 FOR DETENTION
BLUE TREATMENT AREAS
DISCHARGING TO CHAMBER
SYSTEM #2 FOR DETENTION
COMMUNITY CENTER ROOF
BYPASSING TREATMENT AREAS
TO CHAMBER SYSTEM #2
YELLOW AREAS
DISCHARGING TO SOUTH
BURLINGTON REALTY
SYSTEM ACROSS MARKET
STREET
BIOFILTRATION AREAS FOR
WATER QUALITY TREATMENT
(NOT TO SCALE)
SCHOOL ROOF BYPASSING
TREATMENT AREAS TO
CHAMBER SYSTEM #1
DRAFT FOR
REVIEW
Addendum Exhibit 1
PRELIMINARY
Addendum Exhibit 2
August 23, 2020
In Phase 3, the reconfiguration and reconstruction of
easterly parking lot will be substantially complete (up to
paving) as shown on the site plan (Sheet C1.2) prior to
closing the westerly Marcotte School parking lot.