HomeMy WebLinkAboutAgenda - Planning Commission - 08/13/2019South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, August 13, 2019
7:00 pm
South Burlington Municipal Offices, 575 Dorset Street
AGENDA:
1. Directions on emergency evacuation procedures from conference room (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. Planning Commissioner announcements and staff report (7:06 pm)
5. Public hearing on proposed Land Development Regulation amendments: (7:12 pm)
• LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family housing and
accessory dwelling units, for which parking requirements are to be reduced
• LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes
• LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood
Plain Overlay District
• LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake
Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within
Queen City Park Zoning District
• LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes
to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections
• LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based
Code District
6. Review public input on draft amendments; consider any possible changes; possible action to
approve draft amendments and submit to the City Council (7:28 pm)
7. Planning Commission debrief on joint PC/City Council Interim Zoning meeting of August 1st (7:35 pm)
8. Presentation and discussion of recommendations of Transfer of Development Rights Interim Zoning
Committee (7:55 pm)
9. Receive proposed amendments to the City Center Form Based Code (FBC) portion of the Land
Development Regulations from the FBC Subcommittee; consider approval of PC report and warning
public hearing on amendments (Staff recommends September 10th) (8:50 pm)
• LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District
• LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC
T4 District, clarify definitions
• LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
• LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
• LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
10. Meeting Minutes (9:00 pm)
11. Other business (9:02 pm)
a. Notice of Town of Williston Planning Commission public hearing on proposed amendments to
the Unified Development Bylaw, Tuesday, August 20, 2019, 7:00 pm, Williston Town Hall Annex
b. Notice of City of Burlington Planning Commission public hearing on proposed amendments to
Comprehensive Development Ordinance, Tuesday, August 27, 6:45 pm, Burlington City Hall
12. Adjourn (9:05 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
South Burlington Planning Commission Meeting Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to
insure that everyone has a chance to speak and that meetings proceed smoothly.
2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with 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. Please raise your hand to be recognized to speak and the Chair will try to
call on each participant in sequence.
3. Once recognized by the Chair, please identify yourself to the Commission.
4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to conduct business items.
5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the
Community Room is available should people wish to chat more fully.
6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not
interrupt others when they are speaking.
7. Make every effort not to repeat the points made by others.
8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Commission for a second time.
9. 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 sway public opinion on the matter.
10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulation 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.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
Cathyann LaRose, City Planner
SUBJECT: PC Staff Memo
DATE: July 23, 2019 Planning Commission meeting
1. Directions on emergency evacuation procedures from conference room (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. Planning Commissioner announcements and staff report (7:06 pm)
Staff Report:
All committees symposium September 26: On Thursday September 26th in the evening, the
City will be hosting an all-committees symposium. Each Committee/Board will have a poster
board of projects being worked on and make a short presentation to the City Council. In
addition, there will be workshops & trainings on a host of different topics, and social time for
folks to get to know one another better. Save the date!
Comprehensive Plan Check In: Staff has begun an assessment of work done towards meeting
the Comprehensive Plan’s goals, objectives, and strategies. We’ll be reaching out
committees to assist where they have had the primary management of certain strategies.
Affordable Housing Committee: Staff met with the Affordable Housing Committee at their
August 6th meeting. Cathy updated them on the progress with PUDs, shared building
typologies, and talked about the Comprehensive Plan assessment.
Census 2020 Updates: We’re continuing to work with our federal and state partners to
ensure an accurate count for the 2020 Census, based off population and housing counts as
of April 1, 2020. We’ve recently been asked to provide estimates for housing coming online
between November of this year and the April 1st count date.
CCRPC Planners Advisory Committee: Staff attended a meeting with the CCRPC and planners
from throughout Chittenden County. The group discussed the changes to the
Comprehensive Plan timetable (plans having gone from 5 year to 8 year cycles) and what it
means to have check-ins during the 8 year time. Staff also provided updates on South
Burlington housing affordability tools as part of a region wide assessment.
5. Public hearing on proposed Land Development Regulation amendments: (7:12 pm)
a. LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family
housing and accessory dwelling units, for which parking requirements are to be reduced
b. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling
statutes
c. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to
the Flood Plain Overlay District
d. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake
Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook
within Queen City Park Zoning District
e. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field
changes to site plans & allow for a joint administrative approval & zoning permit; minor
technical corrections
f. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center
Form Based Code District
A complete of the amendments is enclosed with your packet. We have performed a legal review on
each of the items, as well as running the River Corridors draft past the Agency of Natural Resources
(for a second time) following the legal review to make sure the regulations will qualify the city for
the lower hazard mitigation grant match. The legal edits are each called out in comment boxes. No
changes that change the meaning or substance of the draft LDRs are proposed from these legal
edits.
6. Review public input on draft amendments; consider any possible changes; possible action
to approve draft amendments and submit to the City Council (7:28 pm)
Following the public hearing, the Commission may choose to make changes (including the ones
proposed by the legal review, and any others) and then choose to vote to approve the amendments
or to review further.
7. Planning Commission debrief on joint PC/City Council Interim Zoning meeting of August 1st
(7:35 pm)
This item is a scheduled time for Commissioners to debrief from last week’s joint meeting.
8. Presentation and discussion of recommendations of Transfer of Development Rights
Interim Zoning Committee (7:55 pm)
Enclosed with your packet is the draft TDR Committee report. Michael will present the draft
Report and Commissioners are invited to provide feedback and guidance to the TDR Interim
Zoning Committee.
9. Receive proposed amendments to the City Center Form Based Code (FBC) portion of the
Land Development Regulations from the FBC Subcommittee; consider approval of PC
report and warning public hearing on amendments (Staff recommends September 10th)
(8:50 pm)
a. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC
T4 District
b. LDR-19-09: Establish greater allowance for location of open space off-site for residential
buildings in FBC T4 District, clarify definitions
c. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used
for hardscapes in FBC district
d. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
e. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
Enclosed with your packet is a memo, proposed set of amendments, and draft Planning Commission
Report on a series of amendments to the City Center Form Based Code as proposed by the FBC
Subcommittee. Pursuant to the subcommittee’s charge, they have endeavored to examine possible
amendments from all sides in order to recommend amendments that the Commission can go ahead
an warn for a public hearing straight away. Having said that, the draft amendments are now fully the
purview of the Commission.
10. Meeting Minutes (9:00 pm)
Minutes of July 23rd enclosed for your review
11. Other business (9:02 pm)
a. Notice of Town of Williston Planning Commission public hearing on proposed
amendments to the Unified Development Bylaw, Tuesday, August 20, 2019, 7:00 pm,
Williston Town Hall Annex
b. Notice of City of Burlington Planning Commission public hearing on proposed
amendments to Comprehensive Development Ordinance, Tuesday, August 27, 6:45 pm,
Burlington City Hall
Commissioners have asked in the past for staff to make note of any amendments that the
Commission may want to look at in regards to ideas that are being looked at in other
communities that may be good examples of issues we’re looking into here. Staff draws
your attention to the Williston proposed amendments as they’ve been looking into their
traffic impact fees, just as we are.
12. Adjourn (9:05 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
PROPOSED AMENDMENTS to the SOUTH BURLINGTON
LAND DEVELOPMENT REGULATIONS
Public Hearing Tuesday, August 13, 2019 at 7:00 pm
PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on Tuesday,
August 13 at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to
consider amendments to the South Burlington Land Development Regulations. The amendments affect all
parts of the City unless otherwise specified below.
The purpose of the hearing is to consider the following:
A. LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family
housing and accessory dwelling units, for which parking requirements are to be reduced
B. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling
statutes
C. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the
Flood Plain Overlay District
D. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake
Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook
within Queen City Park Zoning District
E. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field
changes to site plans & allow for a joint administrative approval & zoning permit; minor technical
corrections
F. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form
Based Code District
Specific Sections to be Amended
2.02 Definitions
2.03 Definitions for Flood Hazard and River Corridor Purposes
3.01 Establishment of Districts and Description of Certain Districts
3.09 Multiple Structures and Uses
3.10 Accessory Structures and Uses
4.06 Residential 7 with Neighborhood Commercial District – R7-NC
5.08 Supplemental Standards for All Commercial Districts
6.06 Supplemental Standards for Industrial and Airport Districts
8.08 Open Space Requirements
8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards
8.13 T-4 Urban Multi-Use Building Envelopment Standards
8.14 T-5 Building Envelope Standards
9.01 Purpose [Southeast Quadrant Zoning District]
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
9.05 Transfer of Development Rights and Residential Density
9.10 SEQ-VC Sub-District, Specific Regulations
9.12 SEQ-NRP; Supplemental Regulations
9.13 SEQ Review and Approval Process
10.01 General Stream and Surface Water Protection Standards
10.07 River Corridor Overlay District
13.01 Off Street Parking and Loading
13.14 Bicycle Parking and Storage
14.05 Application, Review, and Approval Procedure
14.09 Administrative Review
14.11 Conditional Use Review: Specific Uses and Standards
Appendix E: Submission Requirements
Appendix F: Open Space Requirements
Overlay Zoning District Map 1
Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning,
City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 am and 4:30 pm Monday, Tuesday,
Wednesday, and Friday, and between 12:30 pm and 4:30 pm Thursday, except holidays, and on the city
website at www.sbvt.gov.
Jessica Louisos, Planning Commission Chair
July 10, 2019
LDR-19-01 Parking Standard Revisions
Draft for Planning Commission Public Hearing August 13, 2019 | 1
Amendment #LDR-19-01 Parking Standard Revisions
2.02 Definitions
…
Shared Parking Plan. An agreement for sharing of parking needs or requirements among two or more
proximate land owners reflecting their complementary parking needs (e.g., different peak use houoccasional
or sporadic use, etc.) as part of a development scheme to satisfy the general parking requirements and
achieve greater efficiencies
Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated
outparcels (whether or not they have been subdivided from the original tract), having a unified design of
buildings, coordinated parking and service areas, and development plan in accordance with the
requirements of the zoning district in which it is located, and where customer and employee parking are
provided on-site, and provision for goods delivery is separated from customer access. The shopping center
shall be planned, constructed, and developed and/or managed as a unified entity. Non-retail uses, such as
offices, theaters, hotels, and automotive repair facilities, may be included in the overall development plan
provided such uses are approved by the DRB in conjunction with the overall shopping center.
3.09 Multiple Structures and Uses
…
(2) Umbrella Approval
(a) The Administrative Officer or Development Review Board may approve two (2) or more
separate uses in a single principal building or structure in conjunction with site plan, PUD or
conditional use approval, provided all of the proposed uses are permitted or duly approved
conditional uses in the underlying zoning district and all other applicable standards are met. Such
standards may concern trip ends, parking spaces, gross floor area dedicated to uses where applicable,
number of restaurant or retail food establishment seats, and other numerical standards related to the
provisions of these regulations. This shall be known as an umbrella approval.
(b) Where an applicant with umbrella approval proposes a minor change in use, the
Administrative Officer may approve the change as an administrative action and grant a zoning permit.
The criteria for determining if the change is minor shall include an assessment of projected p.m. peak
hour trip ends, required parking spaces, and other numerical criteria specified in the umbrella
approval. If the applicable numerical criteria are the same or fewer than those specified in the
umbrella approval, the change may be deemed minor.
4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC
…
(3) Access, parking, and internal circulation:
(a) Parking requirements may be modified, depending in the extent of shared parking, the presence of
sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one-
fourth of mile for purposes of this zoning district). Any requirements for shared access and/or parking must
be secured by permanent legal agreements acceptable to the City Attorney.
(b) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts
onto the public roadway.
(c) Access improvements and curb cut consolidation may be required.
LDR-19-01 Parking Standard Revisions
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(3) (d) Where existing residential dwellings are converted to nonresidential use, the residential appearance
of the structure shall be retained.
5.08 Supplemental Standards for All Commercial Districts
…
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the presence of
sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one-
quarter (¼) mile for purposes of commercial zoning districts). Any requirements for shared access and/or
parking must be secured by permanent legal agreements acceptable to the City Attorney.
(2) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts
onto the public roadway.
(3) Access improvements and curb cut consolidation may be required.
6.05 Supplemental Standards for Industrial and Airport Districts
…
C. Parking, Access, and Internal Circulation
(1) Parking requirements may be modified, depending in the extent of shared parking, the presence of
sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one-
quarter (¼) mile for purposes of these districts). Any requirements for shared access and/or parking must be
secured by permanent legal agreements acceptable to the City Attorney.
(2) Parking shall be placed to the side or rear of the structures if possible.
(3) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts
onto the public roadway.
(4) Access improvements and curb cut consolidation may be required.
8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards
…
(E) Parking Standards
(1) Parking Amount Requirements
(a) Per Residential Unit 1 Min, 3 Max. See Note 4
(b) Per 1,000 gross s.f. Non-Residential 2 spaces Min. See Note 4
8.13 T-4 Urban Multi-Use Building Envelope Standards
…
(E) Parking Standards
(1) Parking Amount Requirements
(a) Per Residential Unit 2 spaces Max.
(b) Per 1,000 gross s.f. Non-Residential 2 spaces Min.
(2) Location & Screening
…
(g) No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft.
(3) Off-Site Parking
…
(c) Shared parking may be used to meet parking requirements (See Article 13).
LDR-19-01 Parking Standard Revisions
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8.14 T-5 Building Envelope Standards
…
(E) Parking Standards
(1) Parking Amount Requirements
(a) Per Residential Unit 2 spaces Max.
(b) Per 1,000 gross s.f. Non-Residential 2 spaces Min.
9.10 SEQ-VC Sub-District; Specific Regulations
…
C. Residential Design
…
(5) Off-Site and Shared Parking. The distance limitations of Section 13.01(D) (2)(b) shall not apply in the VC
sub-district; applicants may utilize off-site or on-site (as applicable) shared parking located anywhere within
the VC district or within any area within 1,000 linear feet regardless of zoning subdistrict.
D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District
…
(4) Parking
(a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential use shall provide
three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in
conformance with Section 13.1(N)(3). The Development Review Board may allow onstreet parking within
500 linear feet of the nearest building line of the use to count towards the use’s parking requirements.
(b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking anywhere within the
VC district, regardless of linear distance from the proposed use.
14.11 Conditional Use Review: Specific Uses and Standards
…
C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station.
…
(5) Maximum floor area. Such store shall have a gross floor area of no more than ten percent (10%)
of the lot area.
(6) Maximum height. Such store shall be no more than one (1) story high.
…
(8) Parking. Parking spaces shall be provided proximate to the store, at the rate of one (1) space per
one hundred fifty (150) square feet of consumer convenience center floor area. Where parking is located
near a residential district boundary, the applicant shall provide landscaping, and/or fencing or screening in
the mandatory setback.
13.01 Off Street Parking and Loading
A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that In
order to minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as
well as to promote other elements of sound community planning., off-street parking and loading spaces shall
be required of all structures and land uses. Such spaces shall be provided and kept available as an accessory
use to all permitted and conditional uses of structures, lots, and land in amounts not less than those specified
in Tables 13-1 through 13-6, Schedule of Off-Street Parking and Loading Requirements within non-transect
zone districts, and neither less nor more than the standards set forth within the City Center FBC District (Article
LDR-19-01 Parking Standard Revisions
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8). Subject to the provisions of Section 13.01(N), Exemptions and Waivers, the requirements of this section
shall apply under the following circumstances:
All new structures erected for use on a property.
Any structure which is hereafter altered or enlarged.
All new uses of a property.
Any use of a property which is hereafter altered or enlarged.
B. Determination of Parking and Loading Spaces.
(1) Minimum Parking Amounts. Except as specifically provided for in Table 13-1, there shall be no minimum
number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable parking
by Transect Zone.
All structures and land uses shall be provided with a sufficient amount of off-street parking to
meet the needs of persons employed at or making use of such structures or land uses, and sufficient off-
street loading facilities to meet the needs of such structures or land uses, but not less than the minimum
standards of Tables 13-1 through 13-6, Schedule of Off-Street Parking and Loading Requirements within
non-transect zone districts, and neither less nor more than the standards set forth within the City Center
FBC District (Article 8)s.
No certificate of occupancy or certificate of compliance shall be issued for any structure or land
use until the required off-street parking and/or loading spaces have been established. Required off-street
parking and/or loading facilities shall be maintained as long as the use of structure exists which the
facilities are designed to serve.
The following methods shall be used to determine the number of required off-street parking and
loading spaces:
(a) The requirement for a single use shall be determined directly from the schedule of such
requirements in Tables 13-1 through 13-6. Within the City Center FBC District, requirements shall be
determined pursuant to applicable Transect Zone Building Envelope Standards.
(b) The requirement for a combination use made up of several different component uses (e.g., a
restaurant and bar; or a retail store combined with an office building or a storage area) shall be
determined by undertaking a shared parking calculation as explained under Section 13.01(E).
(c) When the required number of spaces is determined to result in a fraction, it shall be increased
to the next highest whole number.
(d) If the use is not specifically listed in the schedule of such requirements, the requirements shall
be the same as for the most similar use listed, as determined by the Development Review Board.
(e) When the schedule requires the number of spaces to be calculated per employee and
employees are on the site in shifts, the number to be used is the number of employees present during
the largest shift plus any provision for shift overlaps. In all other cases it shall mean the total number
of employees on the site or who will use the site for parking at any one time.
(f) A garage or a carport may be used to meet the requirements of this section. A driveway may
only be used to meet the requirements of this section where it serves a one-family dwelling. A
driveway can be considered to meet the parking requirement for a two-family dwelling if cars can
enter or exit independently for each unit.
(g) Uses which require approval pursuant to Article 14, Site Plan and Conditional Use Review may
be required to provide off-street parking spaces in excess of the requirements of this section and
Tables 13-1 through 13-6.
LDR-19-01 Parking Standard Revisions
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Notes applicable to Tables 13-1 through 13-6:
1. If all parking spaces are common, i.e. non-reserved, and if there are more than 10 DUs, the
requirement decreases to 2 spaces per DU
2. Any spaces required as part of the operational function, such as display, storage or queuing spaces
at the transfer station or service station, are in addition
3. Add 3 per 1,000 SF GFA for retail areas plus 3.5 per 1,000 SF GFA for office space
4. Parking need varies according to type of facility and will be determined during site plan approval
5. For the City Center FBC District (Article 8), these tables do not apply. See applicable Transect Zone
Building Envelope Standards
6. Bicycle parking may substitute for up to 25% of required parking. For every five required bicycle
parking spaces that meet the short or long term bicycle parking standards, the motor vehicle parking
requirement is reduced by one space. Existing parking may be converted to take advantage of this
provision
Definitions applicable to Tables 13-1 through 13-6:
“Employee” means the number of employees working at the specific location on the main shift plus any
overlap from prior or later shifts.
TABLE 13-1: PARKING REQUIREMENTS, RESIDENTIAL USES
Use Parking Space Requirement Notes (1)
Multi-Family Dwelling (studio or
1 bedroom units)
0.75 spaces per Dwelling Unit
(DU) plus 0.75 space for every 4
units;
Multi-Family Dwelling (2+
bedroom units)
1.5 spaces per DU plus 0.75 space
for every 4 units for all other DUs
2
Table Notes:
1. When the required number of spaces is determined to result in a fraction, it shall be increased to the next
highest whole number.
2. If no more than one (1) parking space is reserved per DU, the requirement decreases to 1.5 spaces per DU
Use Parking Space Requirement Notes
Single-family dwelling 2 spaces per DU
Two-family dwelling 2 spaces per DU plus 1 space for every 4
units
1
Multi-family dwelling 1 space per DU plus 1 space for every 4
units for studio and 1-bedroom DUs; 2
spaces per DU plus 1 space for every 4
units for all other DUs
1
Assisted living 0.6 spaces per DU
Congregate housing 1.2 spaces per DU plus 1 space for every 4
units
Accessory residential unit 1 per DU
Accessory residential unit w/o occupancy restriction
on lots of ½ acre or more
2 per DU
LDR-19-01 Parking Standard Revisions
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TABLE 13-2: PARKING REQUIREMENTS, COMMERCIAL USES
Use Parking Space Requirement Notes
Agriculture & construction equipment sales, service
& rental
2 per 1,000 SF GFA
Recreation facility, indoor 0.33 per person in maximum occupancy
permitted
Recreation facility, outdoor 0.33 per seat or per person in maximum
occupancy
Auto and motorcycle sales, service and repair 2 per 1,000 SF GFA 2
Artist production studio 2 per 1,000 SF GFA
Auto rental, with private accessory car wash and
fueling
2 per 1,000 SF GFA 2
Drive-through bank 5.8 per 1,000 SF GFA 2
Bed & breakfast, minimum 1 acre lot 2 plus 1.5 per guest bedroom
Car wash 2 per 1,000 SF GFA, minimum of 2 2
Commercial greenhouse 2 per 1,000 SF GFA
Convenience store, principal use 5 per 1,000 SF GFA
Day care facility 1 per employee plus 0.1 per licensed
enrollment capacity
Equipment service, repair & rental 2 per 1,000 SF GFA
Financial institution 3.6 per 1,000 SF GFA
Flight instruction 1 per employee (faculty and staff) plus 0.5
per student enrollment capacity
Use (continued) Parking Space Requirement Notes
Hotels 1 per room, plus 0.33 per maximum
occupancy in meeting and banquet rooms
Hotels, extended stay 1 per room plus 1 per employee
Indoor theater 0.33 per seat
Commercial kennel, animal shelter, veterinary
hospital or pet day care
1 per employee plus 0.5 per 1,000 SF GFA
Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA
Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2
Office, general 3.5 per 1,000 SF GFA
Office, medical 5 per 1,000 SF
Personal or business service, principal use 2 per treatment station, but not less than
4 per 1,000 SF GFA
Pet grooming 4 per 1,000 SF GFA
Printing & binding production facilities 2 per 1,000 SF GFA
Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF
GFA of retail area
Radio & television studio 2 per employee
Research facility or laboratory 3 per 1,000 SF GFA
Restaurant, standard 18 per 1,000 SF GLA
Restaurant, short order 12 per 1,000 SF GLA
Retail sales 5 per 1,000 SF GFA
Retail sales up to 3,000 SF GFA 4 per 1,000 SF GFA
Retail warehouse outlet 5 per 1,000 SF GFA
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Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA
Seasonal mobile food unit 8 per employee
Service station with convenience store 10 per 1,000 SF GLA 2
Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or less
5.5 per 1,000 SF GLA if more than 400,000 SF
Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy
Motor freight terminal 1 per employee 2
Commercial or public parking facility 1 per employee 2
Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA
Distribution and related storage, as a minority of
floor area accessory to another principal permitted
or conditional use
0.5 per 1,000 SF GFA for the distribution
and storage portion of GFA
Wholesale establishments 0.5 per 1,000 SF GFA plus any
requirements for office or sales area
TABLE 13-4: PARKING REQUIREMENTS, PUBLIC AND QUASI-PUBLIC USES
Use Spaces Required Notes
Place of worship 0.5 per seat
Community center 0.33 per maximum permitted occupancy
Cultural facility 0.33 per maximum permitted occupancy
Educational facility: elementary and secondary
schools
1 per classroom and other rooms used by
students, staff or faculty, plus 0.25 per
student of driving age
Educational facility: college, university, or
professional school
1 per classroom and other rooms used by
students, staff or faculty, plus 0.50 per
student
Food Hub 1 per employee plus two per 1,000 GFA
Personal instruction facility 2 per employee
Municipal facility 3 per 1,000 SF GFA
Educational support facilities 2 per 1,000 SF GFA
Group home 1 per sleeping room plus 2 spaces
Group quarters 1 per sleeping room plus 2 spaces
Hospice 0.3 per bed
Skilled nursing facility 0.3 per bed
Social services 4 per 1,000 SF GFA
Public utility substations 1 per employee, minimum of 2 spaces
Cemeteries 1 per employee, minimum of 2 spaces 2
Parks n/a 4
Recreation paths n/a 4
TABLE 13-5: PARKING REQUIREMENTS, INDUSTRIAL USES
Use Spaces Required Notes
Light manufacturing 0.5 per 1,000 SF GFA, plus 1 space per
employee
Manufacturing & assembly from previously
prepared materials & components
0.5 per 1,000 SF GFA plus 1 space per
employee
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TABLE 13-6: PARKING REQUIREMENTS, MISCELLANEOUS USES
Use Spaces Required Notes
Private providers of public services, including
vehicle storage & maintenance
0.5 per 1,000 SF GFA plus 1 space per
employee
2
Waste transfer stations 1 space plus 1 per employee 2
C. Location of Off Street Parking, Loading, and Vehicle Entrances.
(1) Except as provided in the City Center FBC District and in Sections 13.01(E) and (D), off street
parking and loading that is required for a use or uses under this section shall be located entirely on the
property on which the use or uses exist. The Development Review Board may approve required off street
parking that is located off the property (“off-site parking”) on which a use or uses exist, according to
Section 13.01(D).
(12) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or
maintained except in conformance with all applicable standards of the City of South Burlington and
Vermont Agency of Transportation.
(32) The installation of acceleration and/or deceleration lanes on the adjacent public street may be
required if deemed necessary by the Development Review Board.
(43) Driveways shall be located more than two hundred (200) feet from signalized street intersections
(measured between the near edges of the driveway and intersection), except upon recommendation by
the Director of Public Works based on site-specific circumstances Greater distances are encouraged on
streets with high traffic volumes.
(54) Screening shall be provided where headlights from vehicles on site may be visible and project
parallel to a public street.
(5) Screening of aAll parking areas adjacent to a public street shall be screened from the street by
fencing, walls, or vegetation measuring at least three (3) feet in height.
D. Off-Site Parking.
(1) The use of any off-site, separately-owned parking by another person or business shall not require approval
under these Regulations. In no event, however, shall off-site parking and loading space for any non-
residential use be located in any R1, R12, R4, LN, QCP or SEQ district.
(1) Required parking and loading spaces shall normally be provided upon the same lot as the use or
structure to which they are accessory. However, there may be occasions where off-site parking is
beneficial, whether off-site parking is combined with parking requirements for other uses or parcels, or
just for one particular use. Parking could be provided off-site in combination with parking for other uses
that are the same (e.g. several retail establishments could combine parking) or that are different. If the
uses are the same, the parking requirement shall be determined by adding the parking space needs as per
Tables 13-1 through 13-6. If the uses are different, a shared parking calculation shall be undertaken as per
Section 13.01(E).
(2) Off-site parking may be provided for non-residential uses provided that the Development Review
Board approves a plan for off-site parking meeting the following requirements:
(a) The applicant(s) provides an acceptable overall design and an accurate site plan for all properties
affected by the parking proposal in conjunction with site plan or PUD review. All owners of the
property(ies) where the off-site parking will be provided shall sign the application.
(b) The lots involved generally shall be adjacent. However, at its discretion, the DRB may approve a
plan for off-site parking where the off-site parking is located within eight hundred (800) linear feet at
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its farthest point of the property on which the associated use or uses exist. This subsection does not
apply to the City Center FBC District. See the applicable Transect Zone Building Envelope Standards
for standards.
(c) The applicant shall record appropriate legal documents to ensure that the off-site parking spaces
shall be available for use by the user or users for which the off-site parking spaces are being sought.
Such legal documents shall be acceptable to the City Attorney in form and content. Such legal
documents shall ensure the continued existence of the parking lot or facility to serve said uses so long
as they may exist. Such agreement shall guarantee also that upon termination of such joint use, each
subsequent use of the premises will provide off-street parking for its own use in accordance with the
requirements of this section and Tables 13-1 through 13-6.
(d) The required parking spaces to be provided, their locations and striping shall be shown on the
plan.
(e) In no event shall off-site parking and loading space for any non-residential use be located in any
R1, R1, R4, LN, QCP or SEQ district.
E. Shared Parking on a Single Lot. As a matter of public policy, the City of South Burlington finds that
the coordination of off-street parking between adjoining non-residential sites is desirable (1) to allow for
traffic circulation between sites rather than having all traffic entering and exiting the existing road system to
proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount
of paved surface on a site. This coordination can take various forms, from a simple paved connection to a
more elaborate plan to provide both a connection and shared parking arrangements. Such connection and
shared parking are not to be considered a parking waiver, but an agreement between the landowners and the
City of South Burlington to effect an overall circulation and parking plan.
(2) Where the Development Review Board determines that a proposed development consisting of
two (2) or more uses will generate different hourly, daily and/or seasonal parking demands due to the
varied hours of operation of each use and different peaking characteristics, the Development Review
Board may approve a site plan or PUD utilizing shared parking on the site that is the subject of the
application, or on another site (see Shared Parking, Section 13.01(E) above). The Development Review
Board may, at its discretion, allow for a reduced number of shared parking spaces to be provided, on or
off site, provided that:
(a) The applicant shall provide the Development Review Board with a site plan and a complete
and accurate description of the proposed uses and floor areas devoted to such uses. All uses
participating in the shared parking plan must be located within a convenient walking distance to the
shared parking facility, which generally shall be defined as one-quarter (1/4) mile.
(b) A shared parking analysis shall be presented calculating the parking demand for each
individual use by time period and, where applicable, by season, in the form of a matrix. The various
time periods shall depend on the uses being analyzed. These periods typically include a weekday
morning, weekday lunch time, weekday afternoon, weekday evening, Saturday midday and Saturday
evening. If the uses experience significant seasonal variations the analysis should be done for the peak
season and possibly for different seasons (summer, winter, special events, etc.) For each use, the
matrix should indicate the individual peak demand corresponding to the parking requirement as
indicated in Tables 13-1 through 13-6, then the expected demand for each time period being analyzed
in terms of a percentage of the peak demand and the number of parking spaces required for that use
at that particular time period. For instance, if there is a 50,000 SF office component in a mixed-use
project, the peak demand for that component is 175 spaces (3.5 times 50), and during the weekday
am period that component will have a presence of 100%, i.e. 175 spaces, during lunch time the
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presence would be 90%, i.e. 158 spaces, during the weekday afternoon the presence would be 97%,
i.e. 170 spaces, and during the evening hours the presence would be 20%, i.e. 35 spaces. The same
analysis needs to be done for the other uses that are part of the sharing arrangement. To calculate
the total number of spaces required with the sharing arrangement the numbers of spaces required
for each use need to be added for each time period, and the largest number determines the
requirement. This analysis should be undertaken by a professional planner or engineer, and can be
based on the “Shared Parking” publication by the Urban Land Institute or on “Shared Parking Planning
Guidelines”, an informational report by the Institute of Transportation Engineers. In some cases the
applicant may have to undertake specific surveys of individual uses to determine the percentage
present at various time periods. If the parking demand of a new use is to be shared with an existing
use the applicant should undertake an occupancy survey of the existing parking facility.
(c) The parking spaces that are part of a shared parking plan cannot be reserved for individual
users or destinations, unless those reserved spaces are excluded from the calculation.
(d) The Development Review Board may order the property owner to construct the future
parking spaces if, at the Administrative Officer’s recommendation, the DRB determines a need for
additional spaces to be constructed. For example, a change in the use(s) or the ownership of the parcel
may be enough to require the installation of the parking spaces. In the event that the owner fails to
install the additional parking spaces within one hundred twenty (120) days of being so ordered the
City Attorney shall take appropriate action in a court of competent jurisdiction to restrain the use of
said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the
applicant in such a form as shall be approved by the City Attorney, consenting to the provisions
contained herein. In addition, the property owner shall be required to submit a covenant, for filing in
the City Clerk’s office, in such a form as shall be approved by the City Attorney, indicating consent to
the provisions of this subsection.
(e) The approval of such shared parking shall be automatically terminated upon the termination
of the operation of any of the involved uses.
EXAMPLE OF A SHARED PARKING ANALYSIS
Weekday AM Weekday Lunch Weekday PM Weekday Eve.Saturday Size Peak Parking (10-11 AM)(12-2 PM)(3-4 PM)(7-8 PM)(12-2 PM)
Building Use
1,000 SF
or DU Ratio Spaces
%
Present Cars
%
Present Cars
%
Present Cars
%
Present Cars
%
Present Cars
Retail 75.8 5 379 0.7 265 0.85 322 0.8 303 0.8 303 1 379
Bank 2 5 10 0.8 8 1 10 0.05 6 0.05 1 0.17 2
Restaurant 11.5 10 115 0.3 35 0.75 86 0.75 58 0.75 86 0.5 58Office157.6 3.5 552 1 551 0.97 535 0.05 513 0.05 28 0.17 94
Residential 155 2 310 0.5 155 0.5 155 0.95 155 0.95 295 0.71 220Cinema seats 635 15.9 0.3 5 0 0 0 0 0.2 42 0.8 168 0.3 63
Total 1,370 1014 1108 1077 881 816
Notes: (1) The peak parking ratio typically corresponds to the zoning requirement and represents the amount of
parking that would have to be supplied if each use was built independently on its own lot. (2) The percentages for the
presence of each peak parking demand by time period are based on "Shared Parking" by the Urban Land Institute and
on BFJ experience. (Table produced by BFJ, October 2002)
F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian
conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways
and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must
make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding
residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway
connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that
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connection, the applicant must provide an easement to do so in the future when circumstances may change.
This driveway connection or easement should be located where the vehicular and pedestrian circulation is
most feasible.
G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping.
(1) Design requirements for off-street parking and loading are provided in Table 13-82 and Figure 13-
1 within Section 13.01, Off-Street Parking and Loading, Section 13.06, Landscaping, Screening, and Street
Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise
physically delimited.
(2) The location of parking areas and loading docks shall prevent conflicts with entering and exiting
traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between
access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the
public street.
(3) Provision shall be made for access by police, fire and emergency vehicles.
(4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated
from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate
sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be
designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths.
(5) Bicycle parking or storage facility. See Section 13.14. At least one (1) bicycle parking or storage
facility shall be provided for all uses subject to site plan or Planned Unit Development review to serve
persons employed or residing on the premises as well as the visiting public. Additional such facilities may
be required as deemed necessary by the Development Review Board or as required within the City Center
FBC District.
(6) Stormwater management strategies that facilitate infiltration including but not limited to
recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design
of any off-street parking or loading area.
H. Number of Parking Spaces. The required number of spaces shall be as listed in Tables 13-1 through
13-6 above, except within the City Center FBC District, Transect Zones (See applicable Transect Zone Building
Envelope Standards) and the SEQ-VC subdistrict (See Article 9). For any use not specifically listed in the
schedule of such requirements, the requirements shall be the same as for the most similar use listed, as
determined by the Administrative Officer.
H. I. Handicapped –Accessible Parking Spaces. Parking spaces for handicapped persons shall be
provided for all non-residential uses. The size, number, type and location of parking spaces shall comply with
the current ADA Accessibility Guidelines. Handicap accessible spaces are required to be eight feet (8'0") wide,
with an adjacent access aisle five feet (5'0") wide. One in every eight (8) accessible spaces must have an access
aisle eight feet (8'0") wide and must be signed "van accessible". The number of accessible spaces required is
shown in Table 13-7 below.
Table 13-7 Minimum Number of Accessible Parking Spaces Required
Total parking
spaces in lot
1 -
25
26-
50
51 -
75
76 -
100
101-
150
151-
200
201-
300
301-
400
401-
500
501-
1000
> 1,000
Number of
accessible spaces
in lot
1 2 3 4 5 6 7 8 9 2% of
total
20 + 1 per
100 over
1,000
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JI. Recreational Vehicles. Parking or storage facilities for recreational vehicles shall be provided in all
multi-family residential developments of twenty-five (25) units or more, except within the City Center FBC
District (where they shall be optional at the applicant’s discretion). Recreational vehicles shall not be stored
on any common open lands other than those specifically approved for such purpose by the DRB through the
review process. The Development Review Board may waive this provision only upon a showing by the
applicant that the storage and parking of recreational vehicles shall be prohibited within all private and
common areas of the development.
K. Access Drives. Commercial or industrial access drives connecting parking areas to a public street or
right-of-way shall be a minimum of fifteen (15) feet in width, or ten (10) feet if designated for one-way traffic.
Residential access drives serving garages and parking lots shall be a minimum of twenty (20) feet in width.
Aisles and access drives shall be privately owned and maintained.
J. L. Parking Reserved for Future UseReserved Parking. In order to minimize the construction of
unnecessary parking, In the event that an applicant can demonstrate to the Development Review Board that
its present parking needs do not necessitate the construction of the number of parking spaces required herein,
the Administrative Officer or Development Review Board may approve a site plan with reserved parking
reserved for construction at a future date. In such granting such an approval, the Administrative Officer or
DRB shall specify a timeframe during which said parking may be constructed without receipt of an additional
site plan approval. In no case shall such time frame exceed ten (10) years. Removal of parking reserve areas
shall require site plan amendment. requiring the present construction of a lesser number of spaces. In such
an event, the site plan shall show sufficient spaces reserved for future parking requirements with the
combined number of spaces being not less than that required by Table 13-1 through 13-6. In all cases, at least
two-thirds (2/3s) of the number of required parking spaces shall be provided. The remaining reserved space
shall remain unpaved or kept pervious until such time as it is needed, unless the reserved area is used for
internal circulation. The reserved area shall be shown on any site plan. The Development Review Board may
order the property owner to install the future parking spaces if, at the Administrative Officer’s
recommendation and the Development Review Board’s sole discretion, the need for additional spaces arises.
For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation
of the parking spaces. In the event that the owner fails to install the additional parking spaces within one
hundred twenty (120) days of being so ordered, the Administrative Officer shall revoke the certificate of
occupancy for the premises, and the City Attorney may take appropriate action in a court of competent
jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a
statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the
provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing
in the City Records office, in such a form as shall be approved by the City Attorney, indicating consent to the
provisions of this subsection.
K.M. Structured Parking. Structured parking is encouraged may be allowed by the Development Review
Board in conjunction with approval of a site plan or PUD. Structured parking shall be defined as any structure
consisting of more than one level and used to store motor vehicles. The parking structure may be stand-alone
or may be part of or attached to another structure. Such structures typically comprise parking decks, garages,
or roof-top parking areas. The Development Review Board may require design elements for parking structures
that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval.
L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single tenants or users is
strongly discouraged. Reserved parking, and associated signage, shall be permitted only under the following
circumstances:
(1) To meet or exceed Federal ADA requirements
Commented [PC1]: Change “specific” to
“specify” per legal review
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(2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off,
seniors, expectant mothers)
(3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes
(4) To provide a minimal number of spaces for a small commercial business where other residential or
non-residential uses would otherwise dominate parking areas
(5) Where the Development Review Board finds that other demonstrated unique circumstances exist that
would require a limited number of reserved spaces. In such an instance, the Board shall permit only the
minimum number necessary to address the unique circumstances.
M. N. Exemptions, Waivers, Modifications of Requirements.
Dimensions. (1) Exemptions. Existing buildings and uses are exempt as follows:
(a) Structures and land uses lawfully in existence or in use or for which zoning permits have been
approved by the effective date of these regulations shall not be subject to the parking or loading space
requirements set forth in this section. However, any parking or loading facility now existing to serve
such structures or uses shall not be reduced except where such facility exceeds such requirements, in
which case such facility shall not be reduced below such requirements.
(b) However, no structure or lot lawfully in use at the effective date of this chapter shall be
enlarged unless the off-street parking and truck loading space requirements of this section are
complied with to the same extent as would be required if the entire pre-existing structure or use and
the proposed enlargement were being submitted as if they were a new application. The Development
Review Board shall require additional off-street parking and truck loading spaces with respect to the
proposed enlargement, but at its discretion may not require additional spaces with respect to the
preexisting part of the structure or use.
(2) Waivers. Except within the City Center FBC District, where the Development Review Board
determines that a proposed land use or structure is adequately served by existing or proposed parking
facilities, the Development Review Board may waive the off-street parking space requirements stipulated
in Tables 13-1 through 13-6, by no more than twenty-five percent (25%).
(3) Modifications of Requirements. The Administrative Officer or Development Review Board may
approve minor modifications to parking lot dimensions as specified in Table 13-8 where the applicant can
demonstrate necessity of modifications and where safety of motor vehicle and pedestrian circulation are
retained. Except within the City Center FBC District, where the Development Review Board determines
that unique usage or special conditions exist, it may require off-street parking spaces and loading areas
greater than the requirements of this section. The Development Review Board may reduce the
requirements of Tables 13-1 through 13-6 for the number of off-street parking spaces and loading areas
for non-residential uses and structures if it determines that overlapping use of parking spaces or other
unique characteristic cause the requirement to be unnecessarily stringent. See sub-sections on Shared
Parking.
Table 13-82 Parking Lot Dimensions
A L D W Di
Parking Angle
(Degrees)
Curb Length per Car
(Feet)
Depth of Stall (Feet) Width of Aisle (Feet) Depth of Stall (Feet)
0 22.0 8.0 12 8.0
20 24.9 14.2 12 10.1
25 20.1 15.4 12 11.4
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30 17.0 16.4 12 12.7
35 14.8 17.3 12 13.7
40 13.2 18.1 12 14.8
45 12.0 18.7 13 15.8
50 11.1 19.2 13 16.6
55 10.4 19.6 14 17.2
60 9.8 19.8 15 17.8
65 9.4 19.9 17 18.2
70 9.0 19.8 20 18.4
75 9.0 19.6 23 18.6
80 9.0 19.2 24 18.4
85 9.0 18.7 24 18.3
90 9.0 18.0 24* 18.0
The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet.
Figure 13-1 Parking Lot Layout
13.14 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.
B. Short Term Bicycle Parking
(1) Applicability. These standards apply to any application for development that requires site plan
approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the
City Center Form Based Codes District.
(a) In order to facilitate a reasonable nexus between land development and bicycle parking
requirements, applications for development to which these standards apply on parcels with existing
development shall be permitted to phase in required short term bicycle parking as follows:
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(i) For the first application, the applicant shall propose and install at least 50% of the
required number of bicycle parking spaces.
(ii) Thereafter, any applications for development of the same parcel shall comply with all
standards for Short Term Bicycle Parking.
(b) Where pre-approved bicycle racks exist on the site at the time of application, they may be
permitted to remain and count towards the minimum requirements of this Section provided:
(i) They are compliant with 13.14 B(2)(d)(i) and 13.14(B)(2)(d)(iv) of these regulations;
(ii) The bike frame can be attached in at least one place and the bike is supported to stay
upright;
(iii) The rack is not constructed of wood;
(iv) Each space on a rack where a bicycle frame can be attached in at least one place and
supported to stay upright shall be considered a bicycle parking space;
(v) If parking is on the end or outside of a rack, the parking space must be clear of
obstructions in compliance with Appendix G and not obstruct passageways.
(2) Standards for bicycle parking spaces (bps).
(a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-10.
(b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G.
The rack may not be constructed of wood.
(c) If an applicant wishes to install something different, any bps shall meet the following
specifications:
(i) Allow secure locking of the frame and wheel;
(ii) Support a bicycle frame at two points of contact;
(iii) Meet the intent of the examples provided in Appendix G.
(d) Location & Serviceability. Each bps shall be:
(i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in
length and a width sufficient to satisfy the remainder of these regulations;
(ii) Spaced to allow easy access to each bicycle
(iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns,
landscaping, and other racks, in accordance with Appendix G.
(iv) Easily accessible from the street or multi-use path and protected from motor vehicles;
(v) Visible to passers-by and well-lit to promote usage and enhance security; especially in
retrofitted areas, or where good visibility is not achievable, an applicant may be required to install
directional signage.
(vi) Located at or nearby principal entrances where reasonably practicable, unless doing so
compromises the other directives of this subsection, including visibility and accessibility.
(vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or
islands, are strongly encouraged.
(vii) Where existing vehicle parking is replaced with bicycle parking in accordance with Section
13.01, note 6, bicycle parking must still meet the standards herein and shall be safely separated
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from vehicle parking spaces using striping, bollards, islands or other similar measures deemed
adequate by the reviewing party.
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LDR-19-02 Transfer of Development Rights Technical Amendments
2.02 Specific Definitions
***
Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or
improvement.
Density increase. For the purposes of the Transfer of Development Rights, the allowable increase in the
amount of residential development of a receiving parcel, expressed as a higher maximum average number of
dwelling units per acre of a receiving parcel than would be allowable on that parcel if it were part of a PUD
that did not use TDR; allowing a higher average number of dwelling units for each acre of a receiving parcel
also increases building bulk and lot coverage.
***
Development. (A) The carrying out of any change to improved or unimproved land, including but not limited
to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any
structure or parking area; (B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance;
(C) any use or extension of the use of the land, or (D) the subdividing of land into two or more parcels.
Development Review Board. The Development Review Board or "DRB" of the City of South Burlington created
pursuant to 24 VSA Chapter 117.
Development Rights. See Transferrable Development Rights
***
TDR. Transfer of Development Rights or Transferrable Development Rights.
***
Transferrable Development Rights. The development potential of a parcel of land assigned by these
regulations and measured in dwelling units per gross acre, 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, as defined in 10 V.S.A. section 6301a, as
amended from time to time.
***
9.01 Purpose
A Southeast Quadrant (SEQ) District (SEQ) is hereby formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well-
planned residential use in the approximately 3,200-acre area of the City known shown on the Official Zoning
Map as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area
have long been recognized as very special and unique resources in the City and worthy of protection. The
design and layout of buildings and lots in a manner that in the judgment of the Development Review Board
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will best create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan
for the Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited,
except those which are allowed as conditional uses.
9.02 Comprehensive Plan
These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive
Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the
event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan,
the Southeast Quadrant chapter shall control.
9.03 Uses
In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of
Uses.
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
A. The SEQ District is divided into six sub-districts:
(1) SEQ-NRP SEQ – Natural Resource Protection
(2) SEQ-NRT SEQ – Neighborhood Residential Transition
(3) SEQ-NR SEQ – Neighborhood Residential
(4) SEQ-NRN SEQ – Neighborhood Residential North
(5) SEQ-VR SEQ – Village Residential
(6) SEQ-VC SEQ – Village Commercial
B. These sub-districts are shown on the map entitled Southeast Quadrant Zoning Map, incorporated into
this bylaw.
C. Areas designated SEQ-NR, SEQ-NRN, SEQ-NRT, SEQ-VR, and SEQ-VC shall be considered development
areas. Areas designated SEQ-NRP are designated as conservation areas, and are subject to supplemental
regulations in this Article.
D. Interpretation of Sub-District Boundaries.
In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the
Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning
Commission define the location of the boundary with respect to the subject property. The Planning
Commission shall consider such request at a meeting of the Planning Commission held within 60 days of
receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for
persons, including municipal staff, officials, and consultants, to present information relevant to the
determination of the boundary location. The Planning Commission has the authority to invoke technical
review of any such submittals or to gain additional information. Within 30 days following such meeting, or any
continuation thereof, the Planning Commission shall determine the boundary location, giving consideration
to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant
chapter of the Comprehensive Plan.
9.05 Transfer of Development Rights and Residential Density
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The planned maximum residential build-out in the SEQ District has long been limited to approximately 3,800
dwelling units, plus an allowance for affordable housing density bonuses. In order to maintain this limitation
on the overall development of the SEQ District and to encourage both well-planned residential development
in clusters and the preservation or protection of open space, natural resources, scenic views and agricultural
uses, the Transfer of Development Rights is hereby authorized within the SEQ District.
A. Sending and Receiving Areas
(1) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts are designated as receiving
areas.
(2) Lands within the SEQ-NRP sub-district are designated as sending areas.
(3) Lands within the SEQ-NRT sub-district area designated both as sending areas and receiving areas.
B. Maximum Assigned Density: The maximum assigned density of a parcel or portion of a parcel in any
For the purposes of the Transfer of Development Rights, all land in the SEQ sub-dDistrict shall beis provided
an Assigned Density based on the maximum residential build-out of the SEQ District. The maximum assigned
density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross acre.
(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 as of right. This density may be increased to no more than 8 d.u. to the acre through the
transfer of development rights. Development in SEQ-VC shall be according to Section 9.10.
CB. Average Development Density Allowable Density for Development that does not Include a Transfer
of Development Rights.
TIf a PUD does not use Transferrable Development Rights, the number of dwelling units that may be located
ondeveloped, or the number of single family house lots that may be created, within a contiguous development
parcel subject to a singlethe PUD or Master Plan approval shall not exceed an average density and a maximum
number of units per structure of theas followsing:
(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) SEQ-NRT: Four (4) dwelling units (du) to the acre
(3) SEQ-NR: Four (4) dwelling units (du) to the acre and four (4) dwelling units per structure
(4) SEQ-NRN: Four and two-thirds (4.67) dwelling units (du) to the acre and four (4) dwelling units
per structure
(5) SEQ-VR: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure
(6) SEQ-VC: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure.
(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 to the acre
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(b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per
structure
D. Allowable Density for Development that Includes a Transfer of Development Rights
If a PUD uses Transferrable Development Rights, the number of dwelling units that may be located on, or the
number of single-family house lots that may be created within, a contiguous development parcel subject to a
single PUD or Master Plan approval shall be increased to a maximum average density as follows:
(1) In the SEQ-NRT and SEQ-NR sub-districts: Four (4) dwelling units to the acre and four (4) dwelling
units per structure.
(2) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and four (4)
dwelling units per structure.
(3) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling
units per structure.
Such average densities may be achieved only under as part of a PUD Planned Unit Development application.
See Section 9.13, SEQ Review and Approval Process.
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.
E. Development Rights Necessary to Obtain Density Increase
To obtain the increased 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 approved for development
on the receiving parcel beyond the maximum average density that would be allowable on that parcel if the
PUD did not use transferrable development rights.
CF. Affordable Housing Density Increase.
(1) Affordable housing bonuses pursuant to Section 18.02 are allowed in the SEQ-NR, SEQ-NRN, SEQ-
NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated in
Article 18 of these Regulations, is proposed as part of an application for development, the Development
Review Board may grant a density increase in any of the eligible SEQ sub-districts according to the
requirements of Section 18.02.
(2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 18.02) shall be based on
the maximum allowable overall density of the project as a whole, including non-contiguous sending
parcels where applicable. If a development plan is approved by the Development Review Board, the
applicable average density may be increased on the development parcel sufficient to accommodate the
affordable housing units.
(3) 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.
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(4) When an affordable housing density increase is granted in accordance with this Section and
Section 18.02, the designated affordable dwelling units shall not constitute units for the purposes of
calculation of Transferable Development Rights.
* * *
9.12 SEQ-NRP; Supplemental Regulations
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified
land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the
Development Review Board’s approval of a conservation plan that balances development or land
utilization and conservation. Such lot may also include the following additional development/activities:
(a) Driveways, roads, underground utility services, or other appurtenant improvements to serve
approved development or uses. Utility service components, such as transformers and amplifiers, may
be installed at ground level where such accords with standard industry practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot.
B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a
SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to
conditional use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit
no more than one (1) single family dwelling unit only if:
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate
the construction and use of a single family dwelling unit in compliance with these Regulations, and;
(b) The location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer.
(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling
unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling units
on lots approvable in compliance with these Regulations.
(i) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of at least three (3) single family dwelling
units on lots approvable in compliance with these Regulations, no subdivisions of land or
construction of new dwelling units shall be permitted in the NRP subdistrict;
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(ii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of two (2) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations;
(iii) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
sufficient to accommodate the construction and use of one (1) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations;
(iv) Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is
insufficient to accommodate the construction and use of any single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of up
to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance
with these Regulations; and,
(b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and,
(c) the location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer, and,
(d) The location of structures and access drives are clustered such that no dwelling unit is located
more than one hundred (100) feet from any other structure, and,
(e) The dwelling units shall be detached single family dwellings, and,
(f) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred
(100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps last
revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average overall
density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so created
shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a manner
that maximizes the resource values of the property and shall have no portion within a designated primary
natural community or its related buffer. All dwelling units shall be detached single family houses. Such
subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form
acceptable to the City Attorney that permanently encumbers the land against further land subdivision and
development.
9.13 SEQ Review and Approval Process
A. Single family residences and two-family residences on a single existing lot are specifically excluded
from the review provisions of Section 9.13 of this article. All other development is subject to the provisions
presented below.
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B. For all development other than that listed above in Section 9.13(A), the Development Review Board
shall use the Planned Unit Development (PUD) review and approval process presented in Article 15,
Subdivision and Planned Unit Development Review.
C. Transfer of Development Rights and Non-Contiguous PUDs.
(1) The Development Review Board may approve a PUD application that involves non-contiguous parcels,
regardless of sub-district, if the following conditions are met:
The applicant shall demonstrate that development rights have been secured and encumbered from lands lying
within the SEQ-NRP or SEQ-NRT sub-districts, or adjacent lands on the same tax parcel lying within any sub-
district, or from lands acquired by the City or State for the purpose of providing public parks in any sub-district,
and EITHER that the sending parcel is sufficiently encumbered against further land subdivision and
development through a purchase or other agreement acceptable to the City Attorney to ensure conformance
with these Regulations; OR
All encumbered parcels not subject to a permanent conservation easement or restriction of similar binding
effect shall be reviewed as components of the PUD and shall be subject to the provisions of this article.
(2) If the conditions of 9.13(C)(1) above are met, the Development Review Board may then approve the
assignment (transfer) of all or a portion of the residential development density calculated for a non-
contiguous encumbered parcel to another parcel to satisfy the provisions of Section 9.05 above.
D. Master Plan Review. As per Section 15.07, Master Plan Review and Approval, the Development
Review Board shall require a master plan for any application for 10 or more dwelling units. In such a case, the
provisions of Section 15.07 shall apply in addition to the PUD provisions of Article 15, and the SEQ-specific
provisions of this aArticle.
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Amendment #LDR-19-03 Floodplain Overlay District and proposed River Corridors
Overlay District
2.03 Definitions for Flood Hazard and River Corridor Purposes
The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District.
Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the
purposes of this bylaw.
Associated transportation and utility networks. Those transportation and utility networks connected to a
bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation or
utility networks within the river corridor that merely run parallel to a river or stream.
Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (commonly
referred to as the “100-year flood”).
Base Flood Elevation (BFE). The elevation of the water surface elevation resulting from a flood that has a 1
percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the
elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American
Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or the average depth
of the base flood, usually in feet, above the ground surface.
Basement. Any area of a building having its floor elevation below ground level on all sides, including
crawlspaces.
Channel. An area that contains continuously or intermittently flowing water that is confined by banks and a
streambed.
Common Plan of Development. Where a structure will be refurbished or constructed over a period of time
under one approved plan or permit, but in separate stages, phases, or in combination with other construction
activities. Such work might be planned unit by unit and may take place at different times, on different
schedules.
-
-
Critical facilities. Facilities that are vital to public health and safety I ncluding es police stations, fire and rescue
facilities, hospitals, and public and private schools, shelters providing temporary housing assistance, assisted
living facilities, congregate care facilities, and skilled burning facilities.
Designated center. A downtown, village center, new town center, growth center, or neighborhood
development area designated pursuant to 24 V.S.A. Chapter 76A.
Development. Any human-made change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
Commented [PC1]: Change “or periodic
flowing” to “or intermittently flowing” per legal
review
Commented [PC2]: Removed proposed
definition for the term “compensatory storage” as
the term is not used in the current or draft LDRs.
Commented [PC3]: Removed the proposed
definition for the term "construction trailer” as the
term is not used in the current or draft LDRs
Commented [PC4]: Added “providing
temporary housing assistance” per legal review
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Encroachment. Activities or construction including fill, substantial improvements, and other development
that may cause an increase in flood levels.
Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel that
occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it
generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel
bed elevation.
Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or diminishes
the flood storage capacity at the site. Temporary storage of materials for less than 180 days is not considered
fill.
Flood. (a) a general and temporary condition of partial or complete inundation of normally dry land areas
from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters
from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and
flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current; (b) the collapse or subsidence of land along the shore of a lake or
other body of water as a result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal
surge, or by some similarly unusual and unforeseeable event which results in flooding.
-
Flood hazard. Those hazards related to damage from flood-related inundation or erosion.
Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1.
“Area of special flood hazard” is synonymous with the term “special flood hazard area.”
Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to
the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic
Information System formats as a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if appropriate,
the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e.,
mudflow) and /or flood related erosion hazards.
Commented [PC5]: Removed proposed
definition for the term term “floodway fringe” as
the term is not used in the current or draft LDRs.
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Floodplain or flood-prone area. Any land area susceptible
to being inundated by water from any source (see definition
of “flood”).
Flood proofing. Any combination of structural and non-
structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities,
structures and their contents.
Floodway. The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing
the water surface elevation more than one foot at any point.
Please note that Special Flood Hazard Areas and floodways
may be shown on a separate map panels.
Floodway, Regulatory in the City of South Burlington. The
channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water
surface elevation more than one foot at any point.
Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river. Fluvial
erosion is most likely to occur within the river corridor.
Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried
out in close proximity to water.
Grading. The movement or replacement of topsoil or other material originating on the site and within the
flood hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought
from outside the flood hazard area and such new material is not offset with an equal or greater removal of
material from the portion of the site within the flood hazard area, the new material shall be considered “fill”
and shall not be considered grading.
Historic Structure. Any structure that is: (a) listed individually in the National Register of Historic Places (a
listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register; (b) certified or
preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a
registered historic district or a district preliminarily determined by the Secretary to qualify as a registered
historic district; (c) individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local
inventory of historic places in communities with historic preservation programs that have been certified
either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the
Secretary of the Interior in states without approved programs.
Commented [PC6]: Added the word “flood” in
front of “hazard” in 3 instances in this definition per
legal review
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Infill development. A construction, installation, modification, renovation, or rehabilitation of land, interests
in land, buildings, structures, facilities, or other development in an area that was not previously developed
but is surrounded by existing development.
Letter of Map Change (LOMC). A letter issued by FEMA officially removing a structure or lot from the flood
hazard area based on information provided by a certified engineer or surveyor. This is used where structures
or lots are located above the base flood elevation and have been inadvertently included in the mapped special
flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR),
Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW).
Lowest floor. The lowest floor of the lowest enclosed area, including basement., except an An unfinished or
flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than
a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.
Manufactured home (or Mobile home). A structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when attached to the
required utilities. The term “manufactured home” does not include a “recreational vehicle”.
National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50 and
implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to
reduce the impact of flooding on private and public structures. It does so by providing affordable insurance
to property owners in communities that adopt and enforce floodplain management regulations. These efforts
help mitigate the effects of flooding on new and improved structures.
Natural and beneficial floodplain functions. The functions associated with the natural or relatively
undisturbed floodplain which include moderating flooding, retaining flood waters, and reducing erosion,
sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services
such as wildlife habitat, water quality, and recharge of ground water.
New construction. Structures for which the start of construction commenced on or after the effective date of
the floodplain management regulation and/or the River Corridor regulations adopted by the community and
includes any subsequent improvements to such structures.
Non-residential. Uses not defined as “Residential Use” in Section 2.02.
Public water access. A public access to a water of the State and, except for toilet facilities, shall not include
structures as defined in this bylaw.
Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured
at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty
truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for
recreational, camping, travel, or seasonal use.
Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land, interests
in land, buildings, structures, facilities, or other development in a previously developed area. The term
includes substantial improvements and repairs to substantially damaged buildings.
Commented [PC7]: Changed “floodplain that
includes” to “floodplain which include”
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Replacement structure. A new building placed in the same footprint as the pre-existing building and does not
include a change in use.
River. The full length and width, including
the bed and banks, of any watercourse,
including rivers, streams, creeks, brooks,
and branches which experience perennial
flow. “River” does not mean constructed
drainageways, including water bars,
swales, and roadside ditches.
River corridor. The land area adjacent to a
river that is required to accommodate the
dimensions, slope, planform, and buffer of
the naturally stable channel and that is
necessary for the natural maintenance or
natural restoration of an dynamic
equilibrium condition and for minimization
of fluvial erosion hazards, as delineated by
the Vermont Agency of Natural Resources
in accordance with river corridor
protection procedures. (10 V.S.A. § 1422).
Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or greater chance of
flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is
synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO,
AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal
Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online
from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone
A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at
selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please
note, where floodways have been determined they may be shown on separate map panels from the Flood
Insurance Rate Maps.
Start of construction. For purposes of floodplain management, determines the effective map or bylaw that
regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial
improvement, and means the date the zoning permit was issued provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the
permit date. The actual start means either the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or
foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling,
floor, or other structural part of a building, regardless whether that alteration affects the external dimensions
of the building.
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Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as a
stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may
change, but where the general footprint of the stored materials continues to be used for the same purpose;
whether set upon the land or within a container, structure, or facility; and that would not otherwise be in
compliance with these development standards.
Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured
home, and any related built systems, including gas or liquid storage tanks.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure
to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure
before the damage occurred.
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a
structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a
common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure
before the “start of construction” of the improvement. This term includes structures which have incurred
“substantial damage”, regardless of the actual repair work performed. The term does not, however, include
either: (a) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been previously identified by the local code enforcement
official and which are the minimum
necessary to assure safe living
conditions or (b) Any alteration of an
“historic structure”, provided that the
alteration will not preclude the
structure’s continued designation as
an “historic structure”.
Top of bank. The point along a
streambank where an abrupt
change in slope is evident, and
where the stream is generally able
to overflow the banks and enter the
adjacent floodplain during flows at
or exceeding the average annual
high -water stage.
Top of slope. A break in slopes adjacent to steep-banked streams that have little or no floodplain; or a
break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that
have been abandoned or are undergoing abandonment.
Violation. The failure of a structure or other development to be fully compliant with this bylaw. A structure
or other development without the elevation certificate, other certifications, or other evidence of compliance
required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided.
Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily
associated with land drainage or water conveyance through or around private or public infrastructure.
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 7
Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide
resistance to damage from flooding by allowing water to enter the structure in accordance with Technical
Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503
…
3.01 Establishment of Districts and Description of Certain Districts
A. Establishment of Districts. For the purpose of these regulations, the City of South Burlington is hereby
divided into the districts shown on the Official Zoning Map. This zoning code also contains provisions for
overlay districts and a floating district.
…
(5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map:
FP Floodplain Overlay District
Traffic Overlay District
Scenic View Protection Overlay District
IHO Interstate Highway Overlay District
TO Traffic Overlay District
SVP Scenic View Protection Overlay District
Transit Overlay District
Urban Design Overlay District
BBW Bartlett Brook Watershed Protection Overlay District
PBW Potash Brook Watershed Protection Overlay District (reserved)
River Corridor Overlay District
B. Description of Certain Districts.
…
(5) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include
those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as published
by the Agency of Natural Resources (ANR) including refinements to that data based on field-based
assessments which are hereby adopted by reference. On perennial streams with a watershed size greater
than half a square mile for which River Corridors are not mapped, the standards in G. (4) Development
Standards of Section 10.07 River Corridor Overlay District shall apply to the area measured as 50 feet from
the top of the stream bank or slope.
…
10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO,
RCO
10.01 Flood Plain Overlay District
10.02 Traffic Overlay District
10.03 Scenic View Protection Overlay District
10.04 Interstate Highway Overlay District
10.05 Transit Overlay District
10.06 Urban Design Overlay District
10.07 River Corridor Overlay District
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 8
……………………………..
…
10.07 River Corridor Overlay District (RCO)
A. Purpose. It is the purpose of the River Corridor Overlay District to:
(1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary
to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes;
(2) Allow for wise use of property within river corridors that minimizes potential damage to existing
structures and development from flood-related erosion;
(3) Discourage encroachments in undeveloped river corridors; and
(4) Reasonably promote and encourage infill and redevelopment of designated centers that are within
river corridors.
B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a
bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall
apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay
District designated in Section 3.01(B).
C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South
Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein.
D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered
by this overlay district will be free from erosion damages. This regulation shall not create liability on the part
of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that
result from reliance on this regulation, or any administrative decision lawfully made hereunder.
E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair
or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this
regulation imposes a greater restriction, the provisions in these regulations shall take precedence.
F. District General Provisions
(1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying
district or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to
the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such
district, the stricter provision shall apply.
(2) RCO District Boundaries
(a) Section 10.07 shall apply to the Statewide River Corridors in the City of South Burlington,
Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data
based on field-based assessments which are hereby adopted by reference.
(b) On perennial streams with a watershed size greater than half a square mile for which River
Corridors have not been mapped by the State of Vermont, the standards in this Section shall apply to
the area measured as fifty (50) feet from the top of the stream bank or slope, whichever is applicable
Commented [PC8]: Changed “restriction the
provisions here shall take precedence” to
“restriction, the provisions in these regulations shall
take precedence” per legal review
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 9
based on a field determination consistent with the Vermont ANR Flood Hazard and River Corridor
Protection Procedure.
(c) Requests to update a river corridor map shall be in accordance with the procedure laid out in
the ANR Flood Hazard Area and River Corridor Protection Procedure.
(3) Jurisdictional Determination and Interpretation
The information presented on any maps, or contained in any studies, adopted by reference, is
presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the
boundary on the property shall be determined by the Administrative Officer (AO). If the applicant
disagrees with the determination made by the AO or the river corridor as mapped, the applicant has
the option to either:
(a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO
boundary on the property; or
(b) Request a letter of determination from ANR which shall constitute proof of the location of the
river corridor boundary. In support of a letter of determination request, applicants must provide ANR
a description of the physical characteristics that bring the river corridor delineation into question (e.g.
the presence of bedrock or other features that may confine lateral river channel adjustment. When
ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if
a change to the river corridor delineation is justified, necessitating a river corridor map update. An
ANR letter of determination will either confirm the existing river corridor delineation or will result in
an update to the river corridor delineation for the area in question. If a map update is justified, an
updated map will be provided with the letter of determination.
G. Prohibited, Exempted, and Permitted Development in River Corridors
(1) Prohibited Development in the RCO District
The following are prohibited in the RCO District
(a) New structures, fill, accessory dwellings and any other development that is not expressly listed as
at least one of the Exempted Activities or Permitted Development as described below.
(2) Exempted Activities
The following activities do not require a permit under this section of the bylaw:
(a) The removal of a building or other improvement in whole or in part, so long as the ground
elevations under and adjacent to the removed structure remain unchanged.
(b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change
to the footprint of the structure or a change in use.
(c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not
include expansions.
(d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not
include expansions.
(e) Construction or repair of stream crossing structures (bridges and culverts), associated
transportation and utility networks (Nnew transportation or utility development that runs parallel to the
Commented [PC9]: Changed “expressly listed
as an Exempted Activities” to “expressly listed as at
least one of the Exempted Activities”
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 10
river is not exempt and shall meet the Development Standards in section 10.07(I) below), dams, dry
hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that
are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required,
under 10 V.S.A. Chapter 41 and the rules adopted thereunder.
(f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont
Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29):
(i) State-owned and operated institutions and facilities.
(ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the
Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water
Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the
Commissioner of Forests, Parks and Recreation.
(iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food
and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the
farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the
proposed structure including setbacks.
(iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. §
248.
(v) Telecommunications facilities regulated under 30 V.S.A. § 248a.
(g) Planting projects which do not include any construction or grading activities in accordance with
24 V.S.A. § 4424(c).
(h) Subdivision of land that does not involve or authorize development.
(3) Permitted Development. The following development activities in the RCO District are permissible
upon approval, provided they meet all other requirements of the LDRs.
(a) Construction of or additions to accessory structures that do not exceed, cumulatively, 500 square
feet, and are not used for habitation.
(b) Improvements to existing utilities that are within or immediately adjacent to an existing right of
way and serve a building.
(c) Replacement of on-site septic systems.
(d) Construction of or additions to an unenclosed deck or patio attached to an existing structure,
where such construction or additions are cumulatively 200 square feet or less and are located no less than
100 feet from the top of bank (or top of slope, if applicable).
(e) River or floodplain restoration projects that do not involve fill, structures, utilities, or other
improvements, and which the ANR Regional Floodplain Manager has confirmed in writing are designed to
meet or exceed the applicable standards in this bylaw.
H. Development Review Classification & Referral to Outside Agencies
(1) A zoning permit is required from the Administrative Officer for all development, as defined in
Section 2.03 (Floodplain and River Corridor Definitions), in the River Corridor Overlay District. All permits
Commented [PC10]: Changed “approval, and
provided” to “approval, provided” per legal review
Commented [PC11]: Changed “utilities that are
along” to “utilities that are within or immediately
adjacent to” per legal review
Commented [PC12]: Changed “to an attached,
unenclosed deck or patio to an existing structure” to
“ to an unenclosed deck or patio attached to an
existing structure” per legal review
Commented [PC13]: Changed “and which have
written confirmation from the ANR Regional
Floodplain Manager that the project is designed to
meet or exceed the applicable standards in this
bylaw” to “and which the ANR Regional Floodplain
Manager has confirmed in writing are designed to
meet or exceed the applicable standards in this
bylaw” per legal review
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 11
shall require that a permittee have all other necessary permits from state and federal agencies before
work may begin.
(a) If a permitted development activity listed in subsection G(3) above meets the criteria for infill
development and/or certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b),
below, then the activity shall require an administrative review by the AO and may receive a Zoning
Permit from the AO.
(b) If permitted development activity listed in subsection G(3) above does not meet the criteria
for infill development and certain non-habitable and accessory structures in subsections I(2)(a) or
I(2)(b) then the proposal shall be reviewed by the Development Review Board as a Conditional Use
and the DRB must find that the proposed development meets the River Corridor Performance
Standard outlined in subsection I(2)(c) prior to issuance of a Zoning Permit by the AO.
(2) Referrals to outside agencies
(a) Upon receipt of a complete application for new construction or a substantial improvement,
the Administrative Officer shall submit a copy of the application and supporting information to the
State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural
Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of
comments from the Agency, or the expiration of 30 days from the date the application was mailed to
the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR.
(b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of
the application shall also be provided to the following entities: affected adjacent communities, the
River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of
Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency
of Natural Resources, Department of Environmental Conservation. A permit may be issued only
following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of
30 days from the date the application was mailed to the Vermont Agency of Natural Resources,
whichever is sooner.
I. Development Standards.
The criteria below are the minimum standards for development in the RCO District. Where more than one
district is involved, the most restrictive standard shall take precedence.
(1) Development within designated centers shall be allowed within the river corridor if the applicant can
demonstrate that the proposed development will not be any closer to the river than existing adjacent
development.
(2) Development outside of designated centers shall meet the following criteria:
(a) In-fill Development must be located no closer to the channel than the adjacent existing principal
buildings, within a gap that is no more than 300 feet (see Figure 1); or,
Commented [PC14]: Changed “meets the infill
or shadowing criteria described in subsection I(2)(a)
or I(2)(b)” to “meets the criteria for infill
development and/or certain non-habitable and
accessory structures in subsections I(2)(a) or I(2)(b)”
per legal review
Commented [PC15]: Changed “If permitted
development activity listed in subsection G(3) above
does not meet the infill or shadowing criteria
subsection I(2)(a) or I(2)(b) then the proposal shall
be reviewed by the Development Review Board” to
“If permitted development activity listed in
subsection G(3) above does not meet the criteria for
infill development and certain non-habitable and
accessory structures in subsections I(2)(a) or I(2)(b)
then the proposal shall be reviewed by the
Development Review Board” per legal review
Commented [PC16]: Changed “than pre-
existing” to “than existing” per legal review
Commented [PC17]: Changed “In-Fill Between
Existing Development: Development must be
located no closer to the channel than the adjacent
existing primary structures” to “Infill Development
must be located no closer to the channel than the
adjacent existing principal buildings” per legal
review
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 12
(b) Down River Shadow: A non-habitable addition (garage, deck, patio, stairs, etc.) to an existing
habitable structure, or an accessory structure that is adjacent to an existing structure, shall be located in
the shadow area directly behind and further from the channel than the existing structure, or within 50
feet of the downstream side of the existing habitable structure and no closer to the top of bank or slope,
as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing
below-ground system (see Figure 2); or,
(c) River Corridor Performance Standard.
(i) The proposed development shall:
a. not be placed on land with a history of fluvial erosion damage or that is imminently threatened
by fluvial erosion; and,
b. not cause the river reach to depart from, or further depart from, the channel width, depth,
meander pattern or slope associated with natural stream processes and equilibrium conditions; and,
Figure 1: In-fill Development Standard
Figure 2: Shadow Area Development Standard
Commented [PC18]: Changed “within 50 feet
to the downstream side and no closer” to “within 50
of the downstream side of the existing habitable
structure and no closer” per legal review
Commented [PC19]: Changed “damage or be
imminently” to “damage or that is imminently” per
legal review
Commented [PC20]: Added comma after
“from” per legal review
Commented [PC21]: Added “or” after
“pattern” per legal review
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 13
c. not result in an immediate need or anticipated future need for stream channelization that
would increase flood elevations and velocities or alter the sediment regime, triggering channel
adjustments and erosion in adjacent and downstream locations.
(ii) In making its determination, the DRB may request or consider additional information to
determine if the proposal meets the River Corridor Performance Standard, including:
a. Description of why the criteria for infill development and certain non-habitable and accessory
structures in sub sections I(2)(a) and I(2)(b) above cannot be met;
b Data and analysis from a consultant qualified in the evaluation of river dynamics and erosion
hazards;
c. Comments provided by the DEC Regional Floodplain Manager on whether the proposal meets
the River Corridor Performance Standard.
J. Submission Requirements. In addition to all information required for permitted development, the
application shall include:
(1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay
District boundaries, the shortest horizontal distance from the proposed development to the top of bank
(and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre-
and post-development grades, and the elevation of the proposed lowest floor as referenced to the same
vertical datum as the elevation on the current Flood Insurance Rate Maps;
(2) Project Review Sheet. A Vermont Agency of Natural Resources Project Review Sheet. The Project
Review Sheet shall identify all State and Federal agencies from which permit approval is required for the
proposal and shall be filed as a required attachment to the municipal permit application. The identified
permits, or letters indicating that such permits are not required, shall be submitted to the Administrative
Officer and attached to the zoning permit before work can begin.
(3) Supplemental Application Requirements.
(a) Information clearly demonstrating how the proposed development meets the requirements
for infill development and certain non-habitable and accessory structures in subsection 10.07(I)
Development Standards above; or
(b) A narrative and supporting technical information from a qualified consultant that
demonstrates how the proposal meets the River Corridor Performance Standard in subsection 10.07(I)
Development Standards above, or
(c) Evidence of an approved major or minor map update issued by ANR in accordance with the
process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the
proposed development is not located within the river corridor.
(4) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive
specific application requirements when the data or information is not needed to comply with Section
10.07 of this bylaw.
K. Permit Conditions
Commented [PC22]: Removed “solely as a
result of the proposed development,” per legal
review
Commented [PC23]: Changed “Description of
why the shadowing and infill criteria in sub sections
I(2)(a) and I(2)(b) above cannot be met” to
“Description of why the criteria for infill
development and certain non-habitable and
accessory structures in sub sections I(2)(a) and
I(2)(b) above cannot be met” per legal review
Commented [PC24]: Changed “Information
clearly demonstrating how the proposed
development meets the infill or shadowing
requirements in subsection 10.07(I) Development
Standards above” to “Information clearly
demonstrating how the proposed development
meets the requirements for infill development and
certain non-habitable and accessory structures in
subsection 10.07(I) Development Standards above”
per legal review
LDR-19-03 Draft River Corridor Standards
Draft for Planning Commission Public Hearing August 13, 2019 | 14
Permits for public water accesses and unimproved paths that provide access to the water for the general
public and promote the public trust uses of the water shall include a condition prohibiting the permittee from
actively managing the applicable section of river solely to protect the public water access from lateral river
channel adjustment.
Commented [PC25]: Changed “managing the
section of river to solely protect” to “managing the
applicable section of river solely to protect” per
legal review
BurlingtonInternational Airport
NOT A VPZ
HINESBURGRD. - NORTH
DORSETPARK
SPEAR ST. -OVERLOOK PARK
DORSETPARKSPEAR ST. -OVERLOOK PARK
SPEAR ST. -OVERLOOK PARK DORSET PARK
SPEAR ST.- RIDGE DORSETPARKDORSETPARK
HINESBURGRD. - SOUTH
Overlay Districts- Map 1 ¹
Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.* Approximate area of applicability. See Section 10.07 for standards
0 2,000 4,0001,000 Feet
DRAFT
JGrossman 2019.07.05 P:\Planning&Zoning\mapRequests\OverlayDistricts_Map_1_20190705.mxd
South Burlington, Vermont
Map Features
Roads
Tax Parcel Boundaries
Urban Design Overlay District
River Corridors Overlay District
State Mapped River Corridors
Primary Node
Secondary Node
Urban Design Overlay
Form Based Code Gateway Area
Gateway Area
Flood Plain Overlay District
Zone A - 100-year Flood Plain
Scenic View Protection Overlay District
Dorset Park
Hinesburg Road - North
Hinesburg Road - South
Spear Street - Overlook Park
Spear Street - Ridge
Perennial Stream >2 Acres watershed, are of applicability*
LDR-19-04 Lake Champlain setback
Draft for Planning Commission Public Hearing August 13, 2019 | 1
LDR-19-04: Eliminate duplicative surface water protection standards for land
within 150’ of Lake Champlain and allowances for expansion of pre-existing
structures within 100’ of Potash Brook within Queen City Park Zoning District
12.01 General Stream and Surface Water Protection Standards
…
C. Surface Water Buffer Standards (“Stream Buffers”)
(1) Applicability. The requirements of this Section shall apply to all lands described as follows:
(a) All land within one hundred (100) feet horizontal distance of the centerline of Muddy
Brook and the main stem of Potash Brook, with the exception of lands within the Queen City Park
zoning district which shall be subject to the provisions of (D) below.
(b) All land within one hundred (100) feet horizontal distance of the edge of the channel of
the Winooski River
(c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream
(d) All land within ten (10) feet horizontal distance of the centerline of a drainage way
(e) Land within or abutting the high-water elevation of Lake Champlain, which for the
purposes of these regulations shall be one hundred two (102) feet above mean sea level datum.
All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake
Champlain, which for purposes of these regulations shall be one hundred two (102) feet above
mean sea level datum.
…
D. Pre-Existing Structures along Lake Champlain and within Queen City Park
(1) Applicability. The provisions of this section shall apply to preexisting structures within the
areas defined as follows:
(a) All lands within one hundred fifty (150) feet horizontal distance of the high water
elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two
(102) feet above mean sea level datum;
(b) All lands within the Queen City Park zoning district located within one hundred (100) feet
horizontal distance of the centerline of Potash Brook.
(2) Expansion and construction of pre-existing structures. Within the areas defined in Section
(D)(1) above, the expansion and reconstruction of pre-existing structures may be approved by the
DRB as a conditional use provided the requirements of the underlying zoning district and the following
standards are met:
(a) The structure to be expanded or reconstructed was originally constructed on or before
April 24, 2000. For purposes of these Regulations, expansion may include the construction of
detached accessory structures including garages and utility sheds.
Commented [PC1]: Correct “10” to “12”
Commented [PC2]: Changed “Land
adjacent to adjacent to the high water
elevation of Lake Champlain” to “Land within
or abutting the high-water elevation of Lake
Champlain, which for the purposes of these
regulations shall be one hundred two (102)
feet above mean sea level datum” per legal
review
LDR-19-04 Lake Champlain setback
Draft for Planning Commission Public Hearing August 13, 2019 | 2
(b) The expanded or reconstructed structure does not extend any closer, measured in terms
of horizontal distance, to the applicable high water elevation or stream centerline than the closest
point of the existing structure.
(c) The total building footprint area of the expanded or reconstructed structure shall not be
more than fifty percent (50%) larger than the footprint of the structure lawfully existing on April
24, 2000. For purposes of these regulations, reconstruction may include razing the existing
structure and/or foundation and constructing a new structure in accordance with the provisions
of the underlying zoning district regulations and this section.
(d) An erosion control plan for construction is submitted by a licensed engineer detailing
controls that will be put in place during construction or expansion to protect the associated
surface water.
(e) A landscaping plan showing plans to preserve, maintain and supplement existing trees
and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a
visual and vegetative buffer for the lake and/or stream.
(3) D. Erosion control measures and water-oriented development along Lake Champlain.
Within the area along Lake Champlain defined in Section (D)(1)(a) above, tThe installation of erosion
control measures and water-oriented development within or abutting the high -water elevation of
Lake Champlain, which for the purposes of these Regulations shall be one hundred two (102) feet
above mean sea level datum, may be approved by the DRB as a conditional use provided the following
standards are met:
(a) The improvement involves, to the greatest extent possible, the use of natural materials
such as wood and stone.
(b) The improvement will not increase the potential for erosion.
(c) The improvement will not have an undue adverse impact on the aesthetic integrity of the
lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings
or other additional information relevant and necessary to evaluating the visual impact of the
proposed improvement.
(d) A landscaping plan showing plans to preserve, maintain and supplement existing trees
and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a
visual and vegetative buffer for the lake and/or stream.
Commented [PC3]: Changed “adjacent to”
to “abutting” per legal review and removed “,
which for the purposes of these Regulations
shall be one hundred two (102) feet above
mean sea level datum,” per legal review
LDR-19-05 Administrative Amendments
Draft for Planning Commission Public Hearing August 13, 2019 | 1
LDR-19-05 Administrative Amendments: Umbrella Approvals, Field Changes,
Combined Approval, and Technical Corrections
3.09 Multiple Structures and Uses
…
B. Multiple Uses in a Structure and Umbrella Approval.
…
(2) Umbrella Approval
(a) The Administrative Officer or Development Review Board may approve two (2) or more
separate uses in a single principal building or structure in conjunction with site plan, PUD or
conditional use approval, provided all of the proposed uses are permitted or duly approved
conditional uses in the underlying zoning district and all other applicable standards are met. Such
standards may concern trip ends, parking spaces, gross floor area dedicated to uses where
applicable, number of restaurant or retail food establishment seats, and other numerical
standards related to the provisions of these regulations. This shall be known as an umbrella
approval.
(b) Where an applicant with umbrella approval proposes a minor change in use, the
Administrative Officer may approve the change as an administrative action and grant a zoning
permit. The criteria for determining if the change is minor shall include an assessment of projected
p.m. peak hour trip ends, required parking spaces, and other numerical criteria specified in the
umbrella approval. If the applicable numerical criteria are the same or fewer than those specified
in the umbrella approval, the change may be deemed minor.
…
3.10 Accessory Structures and Uses
…
F. Accessory Uses in the IC and IO districts.
…
(5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail sales
food establishments, which shall not exceed 5,000 SF GFA.
LDR-19-05 Administrative Amendments
Draft for Planning Commission Public Hearing August 13, 2019 | 2
14.05 Application, Review, and Approval Procedure
…
I. Field Changes and As-Built Plans
(1) Field Changes
(a) During construction, the Administrative Officer may authorize or require, in writing, at
his/her own determination or upon the request of the applicant, minor adjustments to a site plan
which do not affect the substance of the site plan approval. to the approved site plan when such
adjustments are necessary in light of technical or engineering considerations, the existence or
materiality of which was first discovered during actual construction. Such minor adjustments shall
be consistent with the spirit and intent of the approved site plan. All determinations of eligibility
for field changes are subject to the discretion of the Administrative Officer.
(b) Where unforeseen conditions are encountered which constitute require any material
change to an approved site development plan or where the developer otherwise wishes to modify
the approved site plan for other reasons, a an amendment to the approval site plan application
shall be filed with the Development Review Board or Administrative Officer for review in
accordance with procedures required for the amendment ofsuch applications.
(2) As-Built Plans
(a) Upon completion of any development or redevelopment pursuant to an approved final
site plan involving field changes as set forth in (1)(a) above, and prior to the issuance of a
certificate of occupancy by the Administrative Officer, the applicant shall submit to the
Administrative Officer as-built plans in paper and digital form, prepared and certified by a licensed
engineer, architect, landscape architect or surveyor, showing the location of all site
improvements, as constructed. Such plan shall be based on a field survey.
(b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in
compliance with the approved final site plan, including any field changes authorized under
subsection 1(a) above. The Administrative Officer shall specify indicate its compliance with or
variation from the approved final site planthe Land Development Regulations by signature, and
shall file one (1) copy with the Department of Planning and Zoning.
(c) If variations from the approved final site plan exist, an amended site plan shall be filed
with the Development Review Board for review in accordance with the same procedures required
for initial applications.
(3) The provisions of this Section 14.05(H) shall apply to all types of approvals granted by the DRB
and/or Administrative Officer, including but not limited to subdivisions, PUDs, site plans,
miscellaneous approvals, and conditional use permits.
14.09 Administrative Review
A. Authority. The Department of Planning and Zoning is hereby authorized to conduct administrative
review and approval of site plan applications for principal permitted uses and conditional uses, as
provided below.
LDR-19-05 Administrative Amendments
Draft for Planning Commission Public Hearing August 13, 2019 | 3
B. Determination of Eligibility, except within the City Center Form Based Code District. All
determinations of eligibility for administrative review are subject to the discretion of the Director of
Planning and Zoning. The Administrative Officer shall not approve administrative amendments to master
plans, subdivisions, or variances. The Administrative Officer may review, approve, approve with
conditions, or deny administrative amendments to site plans involving a principal permitted use, site plans
involving an approved conditional use, and site plans of planned unit developments, if the proposed
amendment meets one or more of the following criteria:
(1) Relocation of site improvements and/or accessory structures that have been previously
approved, provided that such relocations do not alter the approved coverage for the site.
(2) Re-approval of plans if a permit issued by the Development Review Board has expired within
the preceding six months and no changes or alterations of any kind are proposed, including those
outlined in (4) below.
(3) Approval of plans showing as-built adjustments beyond standard field adjustments, provided
that such adjustments do not require the amendment of any condition of approval in the most recent
findings of fact.
(4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar
species or landscaping or hardscaping materials, provided that the total value of landscaping
proposed in the amended plan is equal to or exceeds the amount approved by the Development
Review Board.
(5) An increase in building area and/or impervious coverage totaling less than five thousand
(5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants
are advised that the cumulative total increase in building area and/or site coverage cumulatively
permitted through all administrative amendments on any one lot shall not exceed five thousand
(5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller.
Development Review Board approval shall be required for any amendment exceeding these limits.
(6) All coverage and other limitations pursuant to these regulations shall apply in determining
whether an administrative amendment shall be approved.
(7) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to
Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974).
(8) Changes in use of all or part of a building or structure with prior site plan approval to a
permitted use in the applicable zoning district, provided the proposed use, whether solely or in
combination with other uses subject to the same approval, will not result in any permitting
requirement or threshold being exceeded or violated.
C. Determination of Eligibility within City Center Form Based Code District. The Administrative
Officer shall review all applications except:
(1) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line
Adjustments);
LDR-19-05 Administrative Amendments
Draft for Planning Commission Public Hearing August 13, 2019 | 4
(2) Applications involving new proposed public rights-of-way, parks, or other land proposed to
be deeded to the City of South Burlington;
(3) Requests for development within any of the water or wetlands resources identified within
Article 12 of these Regulations;
(4) Applications for development within Areas of Special Flood Hazard; or
(5) Where specifically stated in these Regulations
D. Reporting of Decisions. All administrative approvals, except those within the City Center FBC
District, shall be reported by the Administrative Officer to the Development Review Board at least
annually, and all such decisions of the Administrative Officer shall state that the decision may be appealed
in accordance with State law.
E. Combined Administrative Review and Zoning Permit. Where a decision issued by the
Administrative Officer contains no conditions requiring modifications to plans or supplemental
submissions, the Administrative Officer may issue any required zoning permit concurrently with the
decision.
Appendix E: Submission Requirements
Site
Plan
Sketch
Plan
Master
Plan
Major
Prelim
Major
Final
Minor
Final
Subdiv
Sketch
Subdiv
Final
DRB
Non-
subdiv.
Admin
/ Site
Plan
Submittal requirement
√√√√√√√√√√Completed application form; three (3) one (1) full-sized, one (1) reduced
[11" x 17"], and one (1) digital copy of plans; and a list of the owners or
record of abutting property owners
All Districts Except City Center FBC City Center FBC District
BASIC INFORMATION
LDR-19-06 Open Space Types & FBC applicability
Draft for Planning Commission Public Hearing August 13, 2019 | 1
LDR-19-06 Modify Table of Open Space Types (Appendix F) and Applicability in
the City Center Form Based Code District
8.08 Open Space Requirements
…
C. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in
Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas,
driveways, travel lanes, etc.
Table 8-2. Qualifying Open Space
Transect Zone Allowable Open Space (see Appendix F for standards)
T5 Pocket/Mini Park
Plaza/Square
Outdoor café/restaurant seating (not within the public right-of-way)
Sun Terrace (as restricted in Appendix F)
Courtyard
Pedestrian Pass
Indoor Park / Atrium
T4 All Open Space listed as allowable in T5 and;
Playgrounds
Green (residential and campus style development only)
Community gardens
Rain Gardens (as restricted in Appendix F)
Wooded area (as restricted in Appendix F)
Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in
Appendix F)
T3/T3+ Pocket/Mini Park
Courtyard
Green- residential with more than 7 units only
Private yard space (respecting common space requirement indicated in Table 8-1)
Playground
Community gardens
Wooded area (as restricted in Appendix F)
APPENDIX F Open Space Requirements LDR-19-06
Plaza/Square Green Pocket/Mini Park Neighborhood Park Playground Outdoor Café/ Restaurant
Seating
Sun Terrace Indoor Park/Atrium Courtyard Wooded Area Community Shared Garden
Space
Applicability as
Qualifying
Open Space
(PUD Types or
Zones)
All FBC Districts; UDO district All districts except FBC T5 All districts All districts except FBC T5 All districts All districts which permit restaurant
(or similar dining) use
All buildings having 3 or greater
stories; residential buildings must
have a minimum of 12 units.
FBC T4 and FBC T5; Any non-
residential or mixed use building in
UDO.
All districts Onsite in FBC T3 and T3+ unless
counting as off-site open space for
T4 and T5 and meeting all of the
requirements and limitations of
8.08E.
All FBC districts.
Description &
Service Intent
Primarily hard-surface space.
Intended to serve public, allowing
people to congregate, sit, walk, or
access adjacent businesses.
Should be context-sensitive.
Informal and centralized public,
civic space or common/shared
private space for residential use or
campus-style development.
Small open area. May be tucked
adjacent to or between buidlings, or
adjacent to roadway. on a separate
lot or portion of a lot.. Intended to
primarily serve public or residents
within 1/4 mile radius.
Park intended to serve immediate
neighborhood and those within 1/4-
1/2 mile radius. Shall have several
different elements of play and
leisure, which may include athletic
fields or courts, playgrounds, picnic
areas, pump tracks, skating
facilities, and similar.
Programmed space and/or
structure that serves the active
recreational needs of children in the
immediate vicinity.
An open-air seating area provided
by a restaurant located on the
subject or adjoining property, where
restaurant
patrons can eat or drink
Accessible and open area on upper
story with seating and gathering
amenities.
Interior open space where at least
one wall facing the street consists
entirely of glass.
Common Open Space area on a
portion of a lot.
Naturally occuring area with
predominance of canopy trees with
enhancement and public access.
Land set aside and maintained for
production of food to be used
primarily for participating gardeners.
Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-
style Development: 0.5-3 acres.
2,000-10,25,000 sq. ft.Minimum 0.5 acres Total pPlay area shall be a
minimum of 2400 square feet. Play
space should include a buffer area
around any play structures.
Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not
count as more than 50% of the
minimum required qualifying open
space.
Minimum area 1,500 sq.ft. Minimum
ceiling height 20'. Area to be
counted as qualifying open space
shall not exceed twice the area of
the glass wall projected onto the
floor plane.
5,000-20,000 sq. ft.2,500 sq. ft. minimum; Shall include
the land of the improvement (such
as enhanced path, viewing
platform, etc) and no more than 50
feet to either side; total area shall
not count as more than 50% of the
minimum required qualifying open
space.
Minimum 400 square feet.
Encouraged to serve at least 20%
of units in multifamily
developments.
Location &
Access
Outdoors and within Public Realm.
High Visibility from public rights of
way. Accessible from a public street
at grade or 3' above or below street
level connected to street with wide,
shallow stairs. May include space
for a farmer's market
For residential: Centralized;
Accessible to all tenants/residents
via pedestrian walkway or direct
frontage (cottage court
development). For campus-style
development: Centralized;
Accessible from a public right-of-
way via direct walkway; Access
from several locations encouraged.
Fronts on and is accessed from a
street right-of-way. Pedestrian
accessible.
Must be open to the public. Must be
pedestrian accessible (sidewalks or
paths). Some provision for public
vehicle parking. Should be located
such that it is accessible to a
majority of users.
Accessible from Public Right-of-
Way or adjacent to private
sidewalk. Should be centrally
located and visually accessible to
the greatest extent practicable.
Highly visible, directly adjacent to
public right of way. See additional
public realm standards below.
Second floor or above. Encourage
location in places which have
spectacular views. Accessible
directly from the sidewalk or public
corridors. For T5 Non-Residential,
must provide adequate signage
about location and accessibility in
hallways and elevators.
Building interior adjacent to
sidewalk or public open space.
Direct access from street level.
Provide several entrances to make
the space availble and inviting to
the general public.
Physically defined by surrounding
buildings on three sides (outer) or
four sides (inner)
Must be accessible, at minimum, by
residents, tenants, or customers of
site. Must be onsite. Offsite wooded
areas shall not be considered
qualifying open space even where
the LDR permit open space to be
located off-site.
May not be located in any class
wetland or wetland buffer. Shall
have proper drainage.
Seating*,
Tables, Etc.
Minimum one seating space for
each 500 sq.ft. of plaza area.
Minimum 10 seats. Seating is
encouraged to be of a variety of
types, high quality, and socially
oriented.
Provide formal and informally
arranged seating, on sculptured
lawn. Moveable chairs desirable.
Three seats per quarter acre,
rounded up.
One seat for each 750 sq.ft. of park
size. Must include amenities which
differentiate the space from basic
lawn area. Examples include
benches, bike racks, trash
receptacles, gazebos, playgrounds
fixed play equipment, or public
picnic tables.
One seat for each 750 sq.ft. of park
size. Must include amenities which
differentiate the space from basic
lawn area. Examples include
benches, bike racks, trash
receptacles, gazebos, playgrounds
or public picnic tables. Shall have
signage in accordance with City
sign deisgn guidelines.
Must provide benches or formal
seating areas at one space for
each 500 square feet, rounding up,
as well as at least 200 square feet
of level, grassed, informal seating.
Seating material shall be of
moderate to high quality in order for
café space to be considered
qualifying open space.
One seating space for every 50
sq.ft. of terrace area.
Provide one seat for every 100
sq.ft. of floor area, one table for
every 400 sq.ft. of floor area. At
least one half of seating to consist
of movable chairs.
One seating space for each 500
sq.ft. of courtyard area, with a
minimum of 10 3.
Light enhancement expected. Must
include improvements, including
cleared paths and benches.
None required.
Landscaping,
Design-
Landscape is secondary to
architectural elements. Use trees to
strengthen spatial definition. Shall
include attractive paving material or
pattern to create unique space.
Encouraged use of lush, dense
plant material. Shall incorporate art,
sculpture and/or water feature.
Provide lush landscape setting with
predominantly lawn surfaces and
planting such as: trees, shrubs,
ground cover, flowers. Canopy
trees should provide substantial
shade.
Turf and landscape plantings. to
Should promote shade over at least
25% a portion of the area.
Shall offer areas of open grassed
field as well as some shaded
seating areas. Integration with
natural environment encouraged.
Features for wildlife encouraged,
including pollinators, bird feeders,
and bat houses.
Appropriate ground material-
rubber or woodchips. Plantings for
articulation of space to complement
active play ingredients encouraged.
Flat paved or concrete area for
wheeled toys encouraged. Paved
areas including space for basketball
or other sport courts are
encouraged and may be counted
towards minimum required area of
qualifying open space. Shade shall
be provided in consultation with the
Recreation Director.
For optional separated seating
areas, use planting boxes of
interesting patterns of plants, open
fences of less than 3 feet in height,
or decorative and moveable
bollards with decorative chain
connectors.
Terrace may take one of the
following forms: complex
architectural setting which may
include art works; flower garden;
space with trees and other planting.
Planted roofs are permitted
provided area is also a functional
seating space.
Provide attractive paving material
to create interesting patterns. Use
rich plant material. Incorporate
sculpture and/or water feature.
If paved, area shall be amended
throughout with substantial planted
areas or large planters of trees and
lush greenery. If grassed, area
should be articulated at perimeter
with lush greenery.
Majority of area must be covered
with canopy trees. Light
enhancement expected. Must
include cleared paths, benches,
and/or other amenities.
Must have adequate planting soils,
tested for pH balance, drainage,
nutrients, etc. (proof provided prior
to Certificate of Occupancy). Where
they are inadequate, soils shall be
amended for more suitable farming.
Shall have water service directly to
gardens. Raised planters or other
semi-permanent infrastructure
encouraged.
Commerical
Services, Food
20% of space may be used for
restaurant/cafe seating, taking up
no more than 20% of the sitting
facilities provided.
20% of space may be used for
restaurant seating taking up no
more than 20% of the sitting
facilities provided.
Not permitted Permitted but not counted towards
open space requirement.
Permitted but not counted towards
open space requirement.
May serve as seating area for
adjacent restaurant/food service, or
be space provided for those
bringing their own meals.
Dependent on Transect, may
possibly be used up to 100% for
commercial food services. See
Table 8-1.
30% of area may be used for
restaurant seating taking up no
more than 30% of the seating and
tables provided.
Not permitted Not permitted.Not permitted.
Sunlight and
Wind
Sunlight to most of the occupied
area from mid-morning to mid-
afternoon.
Sunlight to most of the occupied
area from mid-morning to mid-
afternoon. Shelter from wind.
No requirements No requirements Sunlight to most of the occupied
area from mid-morning to mid-
afternoon. Mix of sun and shade.
Sunlight encouraged to most of the
occupied area at lunchtime.
No requirements No requirements except as noted
for street façade to be wall of glass.
Encouraged to be south-facing.
Sunlight to sitting areas for most of
day.
No requirements Full sunlight.
Other Bicycle parking is permitted in this
area and may be counted towards
the open space size requirements.
Shall include minimum
components:3 low child-sized
swings; 1 toddler sized swing; 2
slides; one or more play houses.
Shall include added ammenities
specifically intended for play by
toddlers and young children, to the
satisfaction of the Administrative
Officer in consultation with the
Director of Recreation and Parks.
Creativity in design strongly
encouraged.
Plan shall be established and
submitted to ensure continual use
and maintenance of the gardens,
whether by residents, association,
property owner or property
manager.
Notes:
Seating
dimensions:
*Required dimensions for one
seating space or one seat are as
follows:
Height: 12" to 36"; ideally 17"; must
allow user to bend knees and have
feet below knees
Depth: 14" one-sided; 30-36"
double-sided
Width: 30" of linear seating are
counted as one seat
Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for
commercial application.
1
APPENDIX F Open Space Requirements LDR-19-06
Applicability as
Qualifying
Open Space
(PUD Types or
Zones)Description &
Service Intent
Size
Location &
Access
Seating*,
Tables, Etc.
Landscaping,
Design-
Commerical
Services, Food
Sunlight and
Wind
Other
Notes:
Seating
dimensions:
Materials
Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Enhanced or Recreational
Wetlands/Stormwater Treatment
Area
Private Yard
Space
Dog Walk and
Play Area
All FBC districts All FBC districts FBC T4 and FBC T5 All FBC districts Onsite in FBC T3 and T3+ unless
counting as off-site open space for
T4 and T5 and meeting all of the
requirements and limitations of
8.08E.
FBC T-3 and T3+ FBC T-3 and T3+
A shallow depression planted with
native plants that captures
rainwater runoff from impervious
urban areas.
Small sitting area clearly intended to
provide welcoming respite between or
adjacent to buildings. May serve
general public, employees, residents,
or customers.
Narrow pedestrian right of ways
that cut through blocks in
residential and/or commercial
areas.
Liner open space area to
secondary streets, as permitted per
the Regulations.
An existing wetland buffer or new
stormwater treatment area which
offers public amenities that exceed
those minimimally necessary for
water resource management.
Private yard space
associated with
residential units
Fenced dog play
areas in private
and public spaces;
separate spaces
for sm and lg dog
Maximum size of 3,500 sf; shall not
count as more than 50% of
minimum required qualifying open
space.
500-3,000 sq. ft 8' minimum width; 24' maximum
width.
50' minimum depth from closest
public street line; or if private, 50'
minimum depth from edge of
pavement or sidewalk as
applicable.
Shall include the land of the
improvement (such as enhanced
path, viewing platform, etc) and 50
feet to either side; total area shall
not count as more than 50% of
minimum required qualifying open
space.
As directed by
minimum
requirements.
1/4 acre minimum
size.
The garden should be positioned
near a runoff source like a
downspout, driveway or sump
pump to capture rainwater runoff
and stop the water from reaching
the sewer system.
Must be directly adjacent to public
right of way and sidewalk or building
entry. Designers are encouraged to
consider safety in design.
No vehicular traffic. Must connect
two public streets. Storefronts and
restaurants are highly encouraged
to access the pedestrian pass.
If in FBC districts, must be
immediately adjacent to qualifying
secondary street. See Chapter 8 for
additional regulations. Must be on
each side of roadway, unless a
complying building is located on the
opposite side.
Must be visible to public or tenants
and users of building. Direct
pedestrian access from adjacent
public street type.
Directly adjacent to
and accessible to
at least one entry
of dwelling unit it is
associated with.
Accessible to
residents.
Encouraged to be
separated from
ground floor
residential units.
The space must serve as a visual
amenity which can be enjoyed
through paths or seating. Adjacent
seating, proportionate with the size
of the garden and number of users,
intended to enhance the garden is
are required and can be counted
as part of the required open space.
Seating shall be the main focus of the
space and is required. Seating shall
be present year-round and composed
of high quality materials. Fixed
seating is required unless the
applicant demonstrates that
moveable seating will meet the stated
goals of the type and meet standards
of high quality (examples could
include adirondack style furniture).
One seating space for each 150
sq.ft.
Seating is encouraged, but there
shall be no minimum requirement.
If functional for sitting and viewing,
seating can be ledges,
benches,and/or stairs.
No requirements. Benches required.
Minimum seating
for 6.
Deep rooted native plants and
grasses.
Landscaping shall also be a primary
component of the space. Because the
space is inherently small, it shall be
carefully landscaped in a higher
proportion than larger spaces.
Landscaping should not interfere with
seating, but instead complement
it.Spaces should appear warm and
inviting and permanent rather than
temporary.
If paved, area shall provide trees or
large potted plants at no more than
530 foot intervals. If grassed, area
shall be accented with intermittent
trees or public art.
Slight, gentle, and undulating
berms from 1-3 feet in height are
encouraged to block views of
parking areas. Ever-green
landscaping is required. Include
canopy trees whose branches are
above the average visual line of
sight, located throughout the space,
with no more than 40 feet between
any two such trees or between a
tree and the street or parking area.
Landscaping should aim to distract
from parking beyond, but should
not create dense walls of shrubbery
or trees. Artwork is also highly
encouraged.
LID techniques; no fencing
permitted.
No
requirements.Land
scaping, lawns or
planned
seating/dining
areas (patios and
decks) are
encouraged.
Fenced. Sloped;
larger areas for
longer runs;
effective drainage;
Natural agility &
play structures
encouraged.
Not permitted.Permitted 40% of area may be used for
restaurant seating taking up no
more than 30% of the seating and
tables provided.
Not permitted.Not permitted. Not permitted.
Appropriate to the plant species
selection.
No requirements Sunlight to most of the occupied
area at lunchtime. Shelter from
wind.
No requirements. Appropriate to the plant species
selection.
Exterior to building. Some natural or
built shelter from
sun or inclement
weatherSee LID language for additional
standards.
Bicycle parking may be permitted
within these areas; however, the
space dedicated to bicycle parking
shall not count towards meeting the
open space requirements.
Separate travelled way from
parking areas; shall create
pedestrian environment.
Must be located on applicant-
owned property.
2
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing August 13, 2019, 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 August 13, 2019 at 7:00 pm, in
the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following
amendments to the South Burlington Land Development Regulations:
A. LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family
housing and accessory dwelling units, for which parking requirements are to be reduced
B. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling
statutes
C. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to
the Flood Plain Overlay District
D. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake
Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook
within Queen City Park Zoning District
E. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field
changes to site plans & allow for a joint administrative approval & zoning permit; minor
technical corrections
F. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center
Form Based Code District
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):
2
“…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.”
A. LDR-19-01 Eliminate minimum parking requirements for all uses citywide except multi-family
housing and accessory dwelling units, for which parking requirements are to be reduced
Brief explanation of the proposed bylaw
The amendment would eliminate minimum parking standards for all uses citywide except multi-
family residential uses & accessory apartments, which would have reduced minimum
requirements. Standards for the design of parking areas would be retained, screening of parking
areas from streets would be enhanced, and allowance for reserving parking to individual tenants
of a multi-tenant property would be specified.
(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.
Eliminating / reducing minimum parking requirements is consistent with each of the
primary goals of the Comprehensive Plan (p. 1-1). The amendment supports affordability
by reducing the requirement for space & funding to be allocated to parking; supports a
walkable and green community by promoting a land use pattern that is less auto-
dependent; and supports a strong economy by reducing city-mandated parking on private
land.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments support future land use goals and densities by reducing or eliminating
requirements for area dedicated to parking over additional building or additional green
space.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
B. LDR-19-02 Amend transfer of development rights requirements to be consistent with enabling
statutes
Brief explanation of the proposed bylaw
3
The proposed amendments consistent of a review and modifications to the City’s transfer of
Development Rights regulations to be consistent with State law. The amendments are not
intended to affect the function of the program.
(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 amendments are to better match the regulations with State enabling statutes; no
substantive policy changes are proposed.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are to better match the regulations with State enabling statutes; no
substantive policy changes are proposed.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
The amendments are to better match the regulations with State enabling statutes; no
substantive policy changes are proposed.
C. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the
Flood Plain Overlay District
Brief explanation of the proposed bylaw
The proposed amendment would establish river corridor protection standards for all major
watercourses and streams with watersheds greater than 2 acres in the City. The bylaw,
developed based on guidelines from the Vermont Agency of Natural Resources, would limit
development and redevelopment throughout the mapped stream and river corridors of the City.
The primary purpose is to limit development in areas most prone to future hazard from natural
shifts in the river corridors. The amendments would also make minor modifications to the flood
plain overlay district, including updates to definitions and the addition of shelters, congregate
care, skilled nursing, and assisted living facilities to the definition of critical facilities subject to
the standards applicable to the 500-year floodplain.
(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 adoption of River Corridor standards is specifically identified in the Comprehensive
Plan:
Strategy 34. Implement identified projects within the All Hazards Mitigation Plan including
river corridor management.
Objective 26. Protect and improve watershed, stream, and wetland system natural
processes, specifically for stormwater treatment, riparian and aquatic habitat, and
floodplain and river corridor protection.
4
Objective 27. Include mapped river corridors (fluvial erosion hazard areas, floodplains,
and riparian areas) within designated open space areas intended for hazard mitigation,
resource conservation and compatible forms of passive outdoor recreation.
Strategy 63. Review fluvial erosion hazard areas and river corridors and adopt river
corridor protection bylaws and maps.
The proposed standards are intended to enhance the safety of new structures by avoiding
River Corridors. This, in turn, supports long-term affordability of housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments will have minor impacts on land use and possibly achievable
densities by removing River Corridors from buildability. In practice, much of the land
within mapped River Corridors in the City are currently regulated by either floodplain
standards or stream buffer standards.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
Exceptions in the River Corridor standards exist for the maintenance of infrastructure.
D. LDR-19-04 Eliminate duplicative surface water protection standards for land within 150’ of Lake
Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook
within Queen City Park Zoning District
Brief explanation of the proposed bylaw
The proposed amendment would remove the applicability of surface water buffer standards
from areas within 150’ of Lake Champlain and related standards regarding pre-existing
structures along Lake Champlain and within Queen City Park. The Planning Commission finds
that these standards are largely redundant to recently-adopted statewide Shoreland Protection
Standards. The amended regulations would require that an applicant demonstrate compliance
with the statewide standards prior to issuance of a zoning permit.
The proposed amendment would also remove the allowance for the expansion of pre-existing
structures located within 100’ of the centerline of the Potash Brook within the Queen City Park
zoning district.
(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 Planning Commission finds that the proposed amendment will not impact water
quality along Lake Champlain and instead will promote more clarity in implementation of
regulations. The Comprehensive Plan includes the following strategy to review duplicative
standards in the regulations:
5
Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting
with an eye toward ways to eliminate outdated or duplicative requirements and to further
streamline the process of obtaining needed permits with a specific focus on improving
predictability of the process. Move as much of the permitting process online as is viable to
improve customer access and service.
The Laker Champlain amendments are not anticipated to have any impacts on the
availability of safe and affordable housing.
The Commission also finds that the amendment to eliminate the allowance for expansion
of pre-existing structures within 100’ of the centerline of the Potash Brook within the
Queen City Park neighborhood support is consistent with the Comprehensive Plan and will
not have an impact on the availability of safe and affordable housing. The Commission
finds that there are up to three homes within this affected area. These homes may be
maintained and restored, and may be expanded or reconstructed in manners conforming
with the regulations. The area in question is nearly entirely located within mapped River
Corridors.
Objective 26 states: “Protect and improve watershed, stream, and wetland system natural
processes, specifically for stormwater treatment, riparian and aquatic habitat, and
floodplain & river corridor protection.”
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
E. LDR-19-05 Grant authority for Administrative Officer to approve minor field changes to site plans
& allow for a joint administrative approval & zoning permit; minor technical corrections
Brief explanation of the proposed bylaw
The proposed amendment would expand the Administrative Officer’s authority to grant field
changes to site plans upon inspection, so long as the changes to the site plan are minor and do
not impact the approvability of the property. In addition, the proposed amendments would
allow for a joint approval of an administrative site plan and zoning permit. Minor technical
amendments are also included, including reducing the required number of full-sized plans
required at application.
(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.
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The proposed amendment is procedural in nature. The amendments are not anticipated
to have any impacts on the availability of safe and affordable housing, save for minor
improvements in the timeline for completion of projects.
The Comprehensive Plan includes the following strategy to review outdated standards in
the regulations:
Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting
with an eye toward ways to eliminate outdated or duplicative requirements and to further
streamline the process of obtaining needed permits with a specific focus on improving
predictability of the process. Move as much of the permitting process online as is viable to
improve customer access and service.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
F. LDR-19-06 Modify table of open space types (Appendix F) and applicability in the City Center Form
Based Code District
The proposal would amend Chapter 8 (City Center Form Based Code District) and the related
Appendix F to provide for additional qualifying open space types, amend some minor details and
clarify expectations of approved types, and provide for greater organization of the text related
to applicability.
(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 amendments would not have a direct impact on the availability of safe and affordable
housing. The amendments do continue to further several goals and policies within the
2016 Comprehensive Plan, including objective 33 related to the provision of varied
recreational areas and facilities and objective 35 relating to a targeted open space to
population service standard.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
7
The amendments do not impact specific proposals for any planned community facilities.
The requirements for qualifying open spaces are largely intended to be private spaces and
not community-funded, though there could be the potential for large projects with
related large open spaces to provide for identified or planned public parks or related
community facilities.
1
Brief History of Zoning in the Southeast Quadrant prior to 2006
In the 1960s, the entire SEQ had 5-acre zoning i.e. minimum of 5 acres per house lot. Beginning in
the 1970s, a new “Agricultural-Rural Residential” zone was established. Under these rules,
housing was allowed at a density of 1 housing unit per 10 acres, except on parcels of 50 acres or
more, where housing was allowed at 2 housing unit per acre. This inequity led to re-consideration
of how to create a scheme where all lands, regardless of the underlying parcel size, could allow
similar densities while still promoting conservation and clustering.
In 1992, the City adopted new regulations after a four-year planning process. These regulations
assigned a density of 1.2 units per acre, to all lands within the SEQ and introduced the “transfer”
concept that is still in the zoning today.
In 1999 the voters approved the one-cent open space tax (to be used by the City to acquire open space)
and in the early 2000s, the City began to re-consider which areas were best designated as open space.
The Open Space Strategy prepared in 2001 pointed out that the most important SEQ lands from a
habitat and natural resource perspective were the lands East of Spear Street, the interior lands
between Dorset Street and Spear Street, the lands East and West of Dorset Street and the lands along
Muddy Brook, and other key wildlife travel corridors.
The Arrowwood Ecological Assessment prepared in 2004 set out these general principles:
• Do not bi-sect or otherwise fragment the remaining open spaces (especially woods and
wetlands)
• Give extra protection to larger wild parcels
• Maintain natural corridors on the landscape
• Maintain stepping stone small wildlife habitats
• Maintain wide wildlife corridors
• Do not surround important habitats with development
• Protect natural corridors such as wetlands, streams, and ridges
• Protect with protective buffers caves and other bat habitats
In 2003, the City consolidated its Zoning and Subdivision regulations into the “Land Development
Regulations” and also initiated a requirement for a Master Plan for certain types of development,
including the development of more than 10 dwelling units in the SEQ.
In 2006, the Comprehensive Plan and Land Development Regulations’ SEQ chapters were completely re-
written, establishing 5 subdistricts and, under the authority of 24 V.S.A. § 4423 (included as Attachment
A), the current system of “transferable development rights” (TDRs). Two elements of the 1992
regulations were retained:
1. Overall density – and the density associated with all lands – would remain at 1.2 acres within the
SEQ, so that no lands were “down-zoned” or “up-zoned”; and
2. The total theoretically allowable buildout density of 3,900 units would remain within the SEQ,
and there would not be a “transfer” of that density out of the SEQ to other parts of the City.
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The 2006 Regulations divided the SEQ into five districts:
• NRP-Natural Resource Protection
• NR- Neighborhood Residential
• NR-T-Neighborhood Residential Transition; residential or conservation district
• VR-Village Residential
• VC-Village Commercial
Development in the NRP and NRT areas was limited. Generally, for lots in existence on or before June
22, 1992 in the SEQ-NRP sub-district where the lot is less than fifteen (15) acres in size, the Development
Review Board may permit no more than one (1) single family dwelling.
Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may
allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling unit
on each of these lots.1
As a quid pro quo for imposing this restrictive zoning, the City provided NRP and NRT landowners (the
“Sending Areas”) with the ability to sell 1.2 TDRs for every acre (or about 1 TDR per 0.83 acre) of gross
NRP land. The TDRs may be sold to other landowners or developers in the SEQ outside of NRP and NRT
zones (the “Receiving Areas”). Each TDR entitles a buyer to develop one incremental unit. Upon a
transfer, the selling landowner is required to provide a permanent conservation easement in the
relevant deed over a number of acres equal to the number of TDRs sold divided by 1.2.
At inception of the program in 2006, there were approximately 2066 TDRs available for sale. Today, there
are estimated to be 1357 TDRs remaining (1241 if 116 TDRs owned by the City are excluded). Thus, it
would appear that approximately 584 TDRs were used of which approximately 114 were severed and
transferred through the City’s Transfer of Development Rights program within the SEQ and 470 were
used intra-parcel within the SEQ and the associated “conserved lands” do not seem to benefit from a
permanent conservation easement. The committee recommends further investigation to determine
whether action is required to permanently conserve these intra-parcel conserved lands
As required by 24 V.S.A. § 4423, the City should develop and maintain a map of areas from which
development rights have been severed. The process of developing this map would allow the City to
definitively determine the impact of the TDR program to date and be the basis for an accurate database
of TDRs used (severed) and TDRs remaining.
In private transactions, rights similar to “TDRs” have been severed from land but have not been utilized
by any Receiving Area as contemplated by the TDR program.
There is no easily accessible listing of TDRs available for sale. Private negotiations between TDR holders
and developers have set the price and account for the wide variation. The selling price for these TDRs
has ranged from approximately $9,682 to $15,000, with an average price of approximately $12,000.
1 For more detail see Sections 9.05 and 9.12 of the South Burlington Land Development Regulations. draft
3
State Defined Purpose for Establishing TDR Programs
10 V.S.A. § 6301. Purpose
It is the purpose of this chapter to encourage and assist the maintenance of the present uses of
Vermont's agricultural, forest, and other undeveloped land and to prevent the accelerated residential
and commercial development thereof; to preserve and to enhance Vermont's scenic natural resources;
to strengthen the base of the recreation industry and to increase employment, income, business, and
investment; to enable the citizens of Vermont to plan its orderly growth in the face of increasing
development pressures in the interests of the public health, safety, and welfare; and to encourage the
use of conservation and preservation tools to support farm, forest, and related enterprises, thereby
strengthening Vermont's economy to improve the quality of life for Vermonters, and to maintain the
historic settlement pattern of compact village and urban centers separated by rural countryside.
Title 24 § 4423. Transfer of development rights
In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer
of development rights.
The Vermont Natural Resources Council (VNRC) has produced a memorandum with guidance for
implementing TDR programs under this statute (the “TDR Guidance Document”). The VNRC’s TDR
Guidance Document is included as Attachment C.
The document indicates that the intent of the TDR statutory scheme is to shift development away from
sensitive open space and into “downtowns, villages and other growth centers” and introduces the TDR
program as such:
“Municipal plans frequently designate areas for higher-density, compact development, such as
growth centers, downtowns, villages, and also areas where little or no development is desired,
including farm- and forestlands, natural resource protection areas, and open space areas. When
communities try to implement plans by restricting development in outlying areas, they’re frequently
faced with protests from landowners who argue that they’re being deprived of the economic value
tied to the potential development of their land. Transfer of Development Rights (TDRs) is a tool that
may help reconcile community and landowner interests.”
The TDR Guidance Document also describes as an “important condition for a successful TDR program”
that there be:
“Sufficient market pressure in sending areas to establish development value and sufficient
market demand for development in receiving areas to motivate the purchase of development
rights and use of density bonuses.”
The TDR Guidance Document also describes as an “important condition for a successful TDR program”
that there be:
draft
4
“Some administrative mechanism … to connect potential buyers and sellers. This is particularly true in
small communities where there are few potential buyers and sellers, and there may be no interested
buyers when sellers wish to sell, or vice versa. Some form of brokerage or ‘banking’ of development
rights—for example through a land banking program or local land trust—can help facilitate this process,
but such efforts often require a service area larger than an individual municipality.”
draft
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Evaluation of the TDR Program in South Burlington
In South Burlington, the TDR program has successfully created only 95 acres of perpetually conserved
land in the SEQ (a further 370 acres have been conserved within developments where TDR density has
been used internally but do not seem to benefit from a permanent conservation easement).
But, the limited receiving areas, as well as the absence of a mechanism to connect TDR holders with
potential buyers, may not have created sufficient demand to develop a robust marketplace for TDR
holders. Also, members of the community have expressed concern that the SEQ defined receiving areas
may need to be updated given the growing importance to them of conserving open space and precious
natural resources.
From a purely conservation point of view the current South Burlington TDR Program is problematic in
that TDR Sending and TDR Receiving areas are all in the SEQ which is where almost all of South
Burlington’s remaining open space is located.
The consequence can be dense developments in areas where our LDRs and Comprehensive Plan
encourage open space preservation, scenic view and natural resource protection, wildlife habitat
preservation and continued agriculture.
The Charge of the Interim Zoning TDR committee
The charge of the Interim Zoning TDR Committee 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” for the reasons set forth in the City of South Burlington
Interim Bylaws resolution adopted November 13, 2018.
The “Purpose” section of the Interim Bylaw is included in Attachment C for reference.
The Interim Bylaws resolution focuses on preserving open space and states “our community values a
balance among our natural, open spaces and our developed, residential and commercial, spaces so that
the flora and fauna coexist alongside human dwellings, schools, industries and services” and continues
that “we must examine carefully the intensity and nature of development and its potential impacts on
the balance that we seek to maintain… the City needs to review developable lands outside of the Transit
Overlay District and certain business park areas, including undeveloped open spaces, forest blocks and
working landscapes such as the City’s remaining large farms and parcels in the Institutional &
Agricultural District.”
The Interim Bylaws also focus on fiscal responsibility and states that “South Burlington must continue to
safeguard against the possibilities that the costs of emergency services and construction and
maintenance of sewers and roads will outstrip City revenues such that City residents and businesses will
face the prospect of an acute increase in their tax burden.”
The Committee also considers a commitment to the established TDR marketplace, to landowners in
Sending Areas and to the need to continue efforts to address the acute shortage in the City of affordable draft
6
housing at all price points, to be important, and has taken into account the increasing environmental
conservation regulations being considered for adoption within the LDRs, as well as potential removal
from development of certain areas as a result of the Interim Zoning Open Space Committee’s
Prioritization review.
These drivers, the principles set forth in the VNRC’s TDR Guidance Document and the sources cited in
Attachment E inform the work and recommendations of the Interim Zoning TDR committee.
draft
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Committee Recommendations
In response to its charge, the committee has considered four options:
1. Eliminate the TDR program and adopt more conventional zoning.
2. Retain current zoning but purchase and retire the outstanding TDRs.
3. Retain the TDR program substantially as is (subject to changes proposed in the Draft LDR,
Article 9 Amendments - Attachment B).
4. Revise the TDR program to further the goals set forth above and in the City’s
Comprehensive Plan - “Promote conservation of identified important natural areas,
open spaces, aquatic resources, air quality, arable land and other agricultural resources,
historic sites and structures, and recreational assets” (subject to changes proposed in
the Draft LDR, Article 9 Amendments - Attachment B).
Each of these options is discussed in more detail below.
Options
1. Eliminate the TDR program and replace it with a Conservation Zoning District
Under this option, the TDR program would be eliminated, and in its place, the following zoning changes
would be adopted:
a. Rezone the SEQ (or some portions of the SEQ) consistent with conservation zoning – e.g.
one unit every 5, 10 or 25 acres
b. Limit subdivisions and/or Set a minimum lot size
c. Provide that developments shall not encroach into Primary and Secondary Conservation
Areas, should minimize impacts on natural resource areas and shall be compact on any lot
An example of this type of Conservation Zoning District:
Purpose:
The purpose of a Conservation District is to protect lands designated on a conservation zoning map
which include areas of high public and environmental value or which present public hazards.
Allowed Uses may include:
Agriculture
Forestry
Outdoor Recreation (excluding structures)
draft
8
Uses shall not adversely affect fragile soils or vegetation, impair the quantity or quality of surface and
ground water or cause soil erosion.
Land in the Conservation District may be considered with contiguous and noncontiguous land for a
planned residential development or planned unit development in another zoning district, and such land
may be counted for density and coverage purposes. In no case, however, shall a new residential use be
allowed on land within the Conservation District.
The principal impetus for this proposal is the perception that the TDR program is complex, and as such
it’s impacts and implications are not well understood by the public. It is also acknowledged that the TDR
program has been subject to various legal challenges and is presently not in effect by reason of a recent
court decision. Finally, it is acknowledged that South Burlington is the only Vermont municipality that
has adopted a meaningful TDR program (Stowe has a small TDR program that has been used to control
the pattern of development along the Mountain Road (Route 108). Williston has also used TDRs in
isolated cases.)
If this approach were adopted, the City and residents would need to rely on more traditional
conservation measures to preserve open space. Such measures could include contributions by
landowners to land trusts, use of City open space funds, conservation organizations and private
philanthropy to purchase land or to purchase and retire TDRs.
The benefits of this approach are:
• Simplicity and transparency
• Consistency with the zoning and conservation tools utilized by other municipalities
The detriments of this approach are:
• There would likely be some development in areas now designated as NRP
• TDR holders may feel unfairly treated
• Rights purchased by intermediaries representing TDRs would become worthless. These
intermediaries might feel aggrieved.
• Future regulatory changes could change zoning and thus undermine the conservation intent of
this option
Counsel has advised that landowners/TDR holders should not have valid legal claims against the City if
the TDR program were eliminated as proposed.
2. Retain current zoning but purchase and retire the outstanding TDRs.
Under this option, the City would raise funds to purchase and retire TDRs. The City could use open
space funds, issue bonds or try to enlist conservation organizations and private philanthropy to purchase
TDRs.
The goal of this approach would be to achieve the conservation goals originally contemplated by the
TDR program, but retire the program and the perceived concerns associated with the program. draft
9
Setting a market price for the TDRs could be difficult. One option could be to hold a “Reverse Dutch
Auction” where the City would begin by setting a low price for each TDR until a bidder agrees to sell at
the stated price, with the bidding continuing until all TDRs have been purchased. Another could be for
the City to establish a modest price which it holds open on offer for an extended period of time.
The benefits of this approach are:
• Current TDR holders will perceive that they have been treated fairly.
• The original conservation goals of the City will have been achieved.
The detriments of this approach are:
• Purchase of all outstanding TDRs presents significant fiscal challenges.
• Even though sending areas will be permanently conserved, the land may not qualify as
“conserved” for purposes of Vermont’s current use program. (Landowners may be able to qualify
for the “current use” program if the land is held for agriculture or is forested).2
3. Retain the TDR program substantially as is (subject to changes proposed in the Draft LDR, Article 9
Amendments - Attachment B).
The benefits of this approach are:
• Least disruptive to current landowner expectations
• Is currently the only means by which the City can permanently conserve land in the SEQ short of
buying land, buying easements, buying TDRs or (possibly) through a PUD
• The amended SEQ Chapter of LDRs should remove legal uncertainty
The detriments of this approach are:
• Does not further the City’s open space goals as articulated in the Interim Bylaws and
Comprehensive Plan
• Does not expand the marketplace for TDRs
4. Revise the TDR Program
Under this option the TDR program would be retained but the following revisions would be considered:
A. Expand the TDR marketplace to Receiving Areas outside the SEQ:
2 Conserved land in the current use program is taxed at $109/acre to $145/acre. To qualify, the conserved land
(not merely TDRs) must be held by a charitable organization. Forest land parcels of at least 25 acres may also be
put into current and would be taxed similarly if managed according to an approved forest management plan.
Agricultural land may also be put into current use and would be taxed at $362/acre. To qualify the land must
either be (a) at least 25 contiguous acres in active agricultural use or (b) less than 25 acres if the land generates
at least $2,000 annually from the sale of farm crops or is actively used agricultural land owned by or leased to a
farmer. draft
10
• 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 high
priority for conservation. Attachment F provides a draft map for consideration. The map uses
TDRs in conjunction with current zoning to increase residential density and, in some cases,
business uses not currently permitted. Privately owned lots within specific areas have been
flagged as recommended receiving areas. This current draft would add an unknown number of
TDRs to the marketplace.
• If TDRs are sent beyond the SEQ, they will by nature increase density beyond current zoning and
beyond the expectations of affected neighborhoods.
B. Create new definitions for the use of a “dwelling unit”:
• 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.
• Amend SB LDRs to allow for an increase in Lot Coverage in exchange for the purchase of a
requisite number of TDRs.
• In circumstances where a developer requests a waiver from the DRB for additional building
density/lot coverage and the DRB is inclined to grant such waiver the developer is required to
purchase a requisite number of TDRs in exchange for the waiver.
C. Add new Sending areas:
• 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 of the SEQ to the extent a parcel is identified by the
Interim Zoning Open Space Committee as high priority for conservation.
D. Certain Receiving Areas in the SEQ would no longer be designated as such:
• Sensitive areas in the SEQ identified by Interim Zoning Open Space Committee that are not
“highest priority” could be developed, but not permitted to add units beyond their base density.
E. There should be an attempt to ensure a balance between capacity for TDR usage and the supply in
order to create a fair and well-functioning TDR market. As such, the Committee recommends that some
attempt be made to estimate the potential total demand under the revised proposal. If necessary, the
City might consider changing the formula of value. This could be done by revising the current TDR
formula of 1 TDR per 0.83 acres in each Sending Area to more than 0.83 acres per TDR.
F. The City could purchase and retire TDRs from select parcels that have the highest conservation value
as indicated by the Interim Zoning Open Space Committee.
G. The City should evaluate best practices to connect buyers and sellers of TDRs to create a fair TDR
marketplace.
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24 V.S.A. § 4423 states that the municipality shall maintain a map of areas from which
development rights have been severed - the Sending areas. In addition to the completion and
maintenance of a map showing all areas from which development rights have been
severed, the committee recommends that the map also show the Receiving areas to which
these development rights have been transferred including TDRs used across and within parcels
.
The VNRC's Guidance Document states that a successful TDR program should include administrative
mechanisms to connect potential buyers and sellers and to ensure that the instruments transferring the
conservation easements and the development rights are recorded.
An administrative mechanism to connect potential buyers and sellers could be a “TDR Registry” or a
“TDR Bank” administered by the City where owners of TDRs could voluntarily list or de-list their TDRs.
The Registry or Bank shall be accessible to the public on the City’s website.
The City shall establish and maintain a separate registry of deeds of transfer of development rights and
associated conservation easements which shall be accessible to the public on the City’s website.
The City shall create and maintain a TDR map showing in detail all areas and/or parcels from which TDRs
have been used including across parcels and within parcels and all areas and/or parcels to which TDRs
have been transferred. The TDR map shall be accessible to the public on the City’s website.
The benefits of Option 4 are:
• They are supportive of the City’s conservation goals.
• The TDR program, as well as the density and conservation benefits, is retained in a meaningful
form.
The detriments of Option 4 are:
• Complexity in determining sending and receiving areas
• Estimating TDR demand, and therefore achieving some balance between TDR supply and demand,
may be difficult
• TDR values may be adversely impacted and TDR holders may feel unfairly treated
Counsel has advised that the contemplated TDR uses are consistent with the uses contemplated by 24
V.S.A. § 4423. Counsel has further advised that landowners/TDR holders should not have valid legal
claims against the City if the program were revised as proposed.
Of these options, the Committee recommends option 4
The Committee does not recommend option 3
The Committee does not recommend option 1 because future regulatory changes could change zoning
and thus undermine the permanent conservation intent of this option draft
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draft
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Attachment A
24 V.S.A. § 4423. Transfer of development rights
(a) In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer
of development rights. The bylaws shall do all the following:
(1) Specify one or more sending areas for which development rights may be acquired.
(2) Specify one or more receiving areas in which those development rights may be used.
(3) Define the amount of the density increase allowable in receiving areas, and the quantity of
development rights necessary to obtain those increases.
(4) Define "density increase" in terms of an allowable percentage decrease in lot size or increase
in building bulk, lot coverage, or ratio of floor area to lot size, or any combination.
(5) Define "development rights," which at minimum shall include a conservation easement,
created by deed for a specified period of not less than 30 years, granted to the municipality under
10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified purposes, but
including, at a minimum, agriculture and forestry.
(b) Upon approval by the appropriate municipal panel, a zoning permit may be granted for land
development based in part upon a density increase, provided there is compliance with all the following:
(1) The area subject to the application is a receiving area, and the density increase is allowed by
the provisions relating to transfer of development rights.
(2) The applicant has obtained development rights from a sending area that are sufficient under
the regulations for the density increase sought.
(3) The development rights are evidenced by a deed that recites that it is a conveyance under this
subdivision and recites the number of acres affected in the sending area.
(4) The sending area from which development rights have been severed has been surveyed and
suitably monumented.
(c) The municipality shall maintain a map of areas from which development rights have been severed.
Following issuance of a zoning permit under this section, the municipality shall effect all the following:
(1) Ensure that the instruments transferring the conservation easements and the development
rights are recorded.
(2) Mark the development rights map showing the area from which development rights have
been severed and indicating the book and page in the land records where the easement is
recorded. draft
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(d) Failure to record an instrument or mark a map does not invalidate a transfer of development rights.
Development rights transferred under this section shall be valid notwithstanding any subsequent failure
to file a notice of claim under the marketable record title act.
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Attachment B – Draft LDR Amendments
Article 9. South East Quadrant - SEQ
9.01 Purpose
9.02 Comprehensive Plan
9.03 Uses
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
9.05 Residential Density
9.06 Dimensional and Design Requirements Applicable to All Sub-Districts
9.07 Regulating Plans
9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards
9.09 SEQ-VR Sub-District; Specific Standards
9.10 SEQ-VC Sub-District; Specific Regulations
9.11 Supplemental Standards for Arterial and Collector Streets
9.12 SEQ-NRP; Supplemental Regulations
9.13 SEQ Review and Approval Process
9.01 Purpose
A Southeast Quadrant District (SEQ) is hereby formed in order to encourage open space preservation,
scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well-
planned residential use in the area of the City known as the Southeast Quadrant. The natural features,
visual character and scenic views offered in this area have long been recognized as very special and unique
resources in the City and worthy of protection. The design and layout of buildings and lots in a manner
that in the judgment of the Development Review Board will best create neighborhoods and a related
network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be
encouraged. Any uses not expressly permitted are hereby prohibited, except those which are allowed as
conditional uses.
9.02 Comprehensive Plan
These regulations hereby implement the relevant provisions of the City of South Burlington
Comprehensive Plan, and any adopted amendments to such plan, and are in accord with the policies set
forth therein. In the event of a conflict between the Southeast Quadrant chapter and other provisions of
the Comprehensive Plan, the Southeast Quadrant chapter shall control.
9.03 Uses
In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table
of Uses.
9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map
A. The SEQ District is divided into six sub-districts:
(1) SEQ-NRP SEQ – Natural Resource Protection draft
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(2) SEQ-NRT SEQ – Neighborhood Residential Transition
(3) SEQ-NR SEQ – Neighborhood Residential
(4) SEQ-NRN SEQ – Neighborhood Residential North
(5) SEQ-VR SEQ – Village Residential
(6) SEQ-VC SEQ – Village Commercial
B. These sub-districts are shown on the map entitled Southeast Quadrant Zoning Map, incorporated
into this bylaw.
C. Interpretation of Sub-District Boundaries.
In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the
Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the
Planning Commission define the location of the boundary with respect to the subject property. The
Planning Commission shall consider such request at a meeting of the Planning Commission held within 60
days of receipt of the written request. At the meeting, the Planning Commission shall provide an
opportunity for persons, including municipal staff, officials, and consultants, to present information
relevant to the determination of the boundary location. The Planning Commission has the authority to
invoke technical review of any such submittals or to gain additional information. Within 30 days following
such meeting, or any continuation thereof, the Planning Commission shall determine the boundary
location, giving consideration to the original intent or purpose in designating such sub-district, as
expressed in the Southeast Quadrant chapter of the Comprehensive Plan.
9.05 Transfer of Development Rights & Residential Density
Pursuant to 24 VSA 4423, the Transfer of Development Rights is hereby authorized within the Southeast
Quadrant Zoning District and a program for the Transfer of Development Rights is hereby enacted.
A. Sending and receiving areas
(i) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR, and SEQ-VC sub-districts are designated as receiving
areas.
(ii) Lands within the SEQ-NRP sub-district are designated as sending areas.
(iii) Lands within the SEQ-NRT sub-district are designated both as sending areas and receiving areas.
B. Assigned Density
For the purposes of the Transfer of Development Rights program, all land in the SEQ District is provided
an Assigned Density:
(1) The Assigned Density within the SEQ-NRP, SEQ-NR, SEQ-NRT, SEQ-NRN and SEQ-VR sub-districts
is 1.2 dwelling units per acre
(2) The Assigned Density within the SEQ-VC sub-district is 4 dwelling units per acre.
C. Allowable Density of Development without a Transfer of Development Rights (Base Density)
Without the use of Development Rights, the number of dwelling units that may be located on, or the
number of single family house lots that may be created within, a contiguous development parcel subject
to a single PUD or Master Plan approval shall not exceed an average density and a maximum number of
units per structure as follows: draft
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(1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply.
(2) SEQ-NR, SEQ-NRT, SEQ-NRN and SEQ-VR sub-districts: 1.2 dwelling units to the acre and
four (4) units per structure.
(3) SEQ-VC sub-district: Four (4) dwelling units to the acre.
D. Allowable Density Increase with a Transfer of Development Rights
With the use of development rights, the number of dwelling units that may be located on, or the number
of single family house lots that may be created within, a contiguous development parcel subject to a single
PUD or Master Plan approval shall be increased to a maximum average density as follows:
(1) SEQ-NRT sub-district: Four (4) dwelling units to the acre
(2) SEQ-NR sub-district: Four (4) dwelling units to the acre
(3) SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre
(4) SEQ-VR sub-district: Eight (8) dwelling units to the acre
(5) SEQ-VC sub-district: Eight (8) dwelling units to the acre
Such average densities may be achieved only through a Planned Unit Development (PUD) application and
compliance with all required elements of this Section.
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.
E. Development Rights Necessary to obtain increase:
To obtain the density increase allowable in a receiving area, development rights must be acquired from
0.83 acres of land in a sending area for each additional dwelling unit approved beyond the Base Density
of the parcel subject to a single PUD or Master Plan approval.
F. Affordable Housing Density Increase.
(1) Affordable housing bonuses pursuant to Section 18.02 are allowed in the SEQ-NR, SEQ-NRN,
SEQ-NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated
in Article 18 of these Regulations, is proposed as part of an application for development, the
Development Review Board may grant a density increase in any of the eligible SEQ sub-districts
according to the requirements of Section 18.02.
(2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 18.02) shall be based
on the maximum allowable overall density of the project as a whole, including non-contiguous sending
parcels where applicable. If a development plan is approved by the Development Review Board, the
applicable average density may be increased on the development parcel sufficient to accommodate
the affordable housing units.
(3) 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. draft
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(4) When an affordable housing density increase is granted in accordance with this Section and
Section 18.02, the designated affordable dwelling units shall not constitute units for the purposes of
calculation of Transferable Development Rights.
9.06-9.11 REMOVED FOR EASE OF READING THIS DRAFT
9.12 SEQ-NRP; Supplemental Regulations
A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental
regulations:
(1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a
qualified land trust and shall not be developed with a residence, or
(2) Such lot may be developed with a residence or residences pursuant to a conservation plan
approved by the Development Review Board. See 9.12(B) below.
(3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to
the Development Review Board’s approval of a conservation plan that balances development or land
utilization and conservation. Such lot may also include the following additional
development/activities:
(a) Driveways, roads, underground utility services, or other appurtenant improvements to
serve approved development or uses. Utility service components, such as transformers and
amplifiers, may be installed at ground level where such accords with standard industry practices.
(b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable
lot.
B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely
within a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units,
subject to conditional use review and the following supplemental standards:
(1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit
no more than one (1) single family dwelling unit only if:
(a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to
accommodate the construction and use of a single family dwelling unit in compliance with these
Regulations, and;
(b) The location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer.
(2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board
may allow a subdivision of no more than three (3) lots and construction of one (1) single family
dwelling unit on each of these lots only if:
(a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district
is sufficient to accommodate the construction and use of at least three (3) single family dwelling
units on lots approvable in compliance with these Regulations. draft
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(i)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient
to accommodate the construction and use of at least three (3) single family dwelling units on
lots approvable in compliance with these Regulations, no subdivisions of land or construction
of new dwelling units shall be permitted in the NRP subdistrict;
(ii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient
to accommodate the construction and use of two (2) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of
up to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in
compliance with these Regulations;
(iii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient
to accommodate the construction and use of one (1) single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of
up to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in
compliance with these Regulations;
(iv)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is insufficient
to accommodate the construction and use of any single family dwelling units on lots
approvable in compliance with these Regulations, the subdivision of land and construction of
up to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in
compliance with these Regulations; and,
(b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and,
(c) the location of structures, yards, and access drives have no portion within a designated
primary natural community or its related buffer, and,
(d) The location of structures and access drives are clustered such that no dwelling unit is
located more than one hundred (100) feet from any other structure, and,
(e) The dwelling units shall be detached single family dwellings, and,
(f) Such subdivision plan shall be subject to the Development Review Board’s approval of a
conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
C. A single tax parcel existing as of the effective date of these regulations which exceeds one
hundred (100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington
Tax Maps last revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at
an average overall density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres.
Any new lots so created shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall
be clustered in a manner that maximizes the resource values of the property and shall have no portion
within a designated primary natural community or its related buffer. All dwelling units shall be detached
single family houses. Such subdivision plan shall be subject to the Development Review Board’s approval
of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land
against further land subdivision and development.
9.13 SEQ Review and Approval Process
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A. Single family residences and two-family residences on a single existing lot are specifically excluded
from the review provisions of Section 9.13 of this article. All other development is subject to the provisions
presented below.
B. For all development other than that listed above in 9.13(A), the Development Review Board shall
use the Planned Unit Development (PUD) review and approval process presented in Article 15, Subdivision
and Planned Unit Development Review.
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Attachment C
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23
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Attachment D
Our community values a balance among our natural, open spaces and our developed, residential and
commercial, spaces so that the flora and fauna coexist alongside human dwellings, schools, industries
and services. All of these spaces will sustain our economic viability going forward. Together these spaces
provide, for the benefit of our residents and visitors, clean, fresh air to breathe, clean water to drink and
swim in, recreational opportunities, homes, jobs, and valuable industries and services. As more homes
are built in South Burlington, we must examine carefully the intensity and nature of development and its
potential impacts on the balance that we seek to maintain. Based on previous studies, the City needs to
review developable lands outside of the Transit Overlay District and certain business park areas,
including undeveloped open spaces, forest blocks and working landscapes such as the City’s remaining
large farms and parcels in the Institutional & Agricultural District.
City staff regularly considers the infrastructure and staffing needs, short and long term, of the
community. For the past three years, some City department heads have raised concerns about an
ongoing strain on City resources. In the face of ongoing development, South Burlington must continue to
safeguard against the possibilities that the costs of emergency services and construction and
maintenance of sewers and roads will outstrip City revenues such that City residents and business will
face the prospect of an acute increase in their tax burden.
For all these reasons, the City Council has adopted a smart growth strategy in its policy initiatives,
including the preservation of open spaces, forest blocks and working landscapes, and amended the Land
Development Regulations to encourage dense development in our urban core, which includes City
Center and the Shelburne Road corridor. We also have sought to encourage commercial development
and construction of affordable housing. However, the pace of residential development has outstripped
the planning tools and processes intended to ensure sustainability and encourage affordability.
With the delicate ecosystems and preparedness of both our natural and constructed infrastructure in
mind, the City needs to determine what locations, types, and densities of development are most
desirable in order to maintain the balance between natural and developed spaces and sustainability and
to avoid a fiscal crisis -- not when it is upon us, but before we reach that point.
For all these reasons, the City Council considers it necessary to preserve temporarily the land
development that currently exists outside of the Transit Overlay District and certain business parks in
order to accomplish the following tasks:
- Undertake an analysis of undeveloped open spaces, forest blocks and working landscapes and
update the prioritization of these lands for conservation, permanent open space, and/or
recreation.
- Give the Planning Commission time to complete its extensive study or analysis of Planned Unit
Developments and Master Plans, which necessarily includes the study of density of
development and open space.
- 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. draft
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- Conduct a cost-benefit analysis of hypothetical development, including density and type, on
existing developable open spaces, forest blocks, and working landscapes.
Once the City has determined which parcels in South Burlington are most critical to our environmental
and economic goals, the City can assess whether, and possibly how, the current Land Development
Regulations or tools, regulatory or nonregulatory, require amendment and act accordingly.
draft
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Attachment E
Below is a summary of the science and other relevant information that supports preservation of open
space in South Burlington.
1. Insect and animal species around the world are in sharp decline. Human sprawl is top of the list
for these declines.3
2. Preservation of open space is a key component of the State’s Climate Action Report issued in July
of 2018 (the “Vermont Climate Action Commission Executive Order No. 12-17 Report to the
Governor July 31, 2018”, hereinafter, the “Climate Report”). As relevant the report provides:
“We must strengthen compact development patterns, known as ‘smart growth,’ to
enable efficient use of transportation and building energy while fostering strong and
thriving communities… Achieving Smart Growth Smart growth represents an approach to
land use that incorporates vital and compact city, town, and village centers surrounded
by working farms, forests, and open space… Smart growth is energy efficient because it
creates more housing choices close to jobs, stores, services, and schools, which
encourages more walking and biking and makes public transit work better... That reduces
greenhouse gas emissions, creates cleaner water and air, saves energy and money, and
helps us meet the efficiency goals in the state’s Comprehensive Energy Plan and Regional
Energy Plans… Our scenic and working lands also provide critical environmental functions
and provide economic vitality.”
And, with respect to carbon sequestration:
“Sequestering Carbon on Vermont’s Farms and in Its Forests, Vermont’s working lands
can be managed to “reverse” greenhouse gas emissions, and it’s already occurring in
places… [R]educing soil disturbance keeps existing soil carbon in the soil. Second, while
we have lost much of our agricultural soil carbon through 100 years of tilling, that loss can
be reversed by adopting a reasonable set of conservation practices.”
South Burlington has itself committed to addressing the climate change threat. In 2017 the City
committed to adhere to the goals of US under the Paris Climate Accord which mandates
reductions in the City’s greenhouse gas emissions by 26-28% from 2005 levels.
3 A February study in the journal of Biological Conservation shows 41 percent of insect species have seen steep declines in the
past decade. The report concludes that North American butterflies have declined by 53 percent, grasshoppers and crickets
by 50 percent and bee species by 40 percent of bee species. "Only decisive action can avert a catastrophic collapse of
nature's ecosystems," the authors cautioned. https://phys.org/news/2019-02-world-catastrophic-collapse-insects.html#jCp
Human sprawl is top of the list for these declines. Mammals, birds, fish, reptiles and amphibians are also in a massive decline.
The 2018 Living Planet Report by the World Wildlife Fund concludes that between 1970 and 2014 the planet has lost nearly
60% decline of its mammals, birds, fish, reptiles and amphibians, almost all of it due to human activity. The rate at which
Earth is losing its biodiversity is comparable only to the mass extinctions. South Burlington is home to a wide range of wildlife,
from insects and worms, to larger mammals like beaver, fox, coyotes, bobcats, deer, and occasionally moose and bear. Many
bird species are also present, including some ground nesting species whose populations have declined in Vermont in recent
years due to changing agricultural practices. (Comprehensive Plan, 2-103). draft
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3. Preservation of open space are key action items in the 2014 Chittenden County Regional Planning
Commission Climate Action Guide (the “CCRPC Guide”). The CCRPC Guide recommends the
following actions:
o Action 2: Preserve open space and agricultural land. Preservation of agricultural lands
can mitigate GHG emissions through the storage of carbon below ground in soils and in
above ground vegetation. Additionally, maintaining land in agriculture prevents
development on these lands that could otherwise be developed and become a source of
a significant amount of carbon emissions from transportation and building energy use.
Agricultural lands can also provide area to grow crops for biofuels. Municipal land use
plans, policies, and zoning regulations are the tools that a town can use to preserve
agricultural lands. (page E-13)
o Action 3: Maintain or restore habitat connectivity. Climate change will affect location
suitability for natural communities. Habitat connectivity will allow animal and plant
species to migrate to more suitable locations (e.g., upslope, higher latitudes). Protecting
critical habitat locations and wildlife linkages from development is vital for wildlife species
that could be endangered by a changing climate. Reducing development pressures within
the rural landscapes of Chittenden County can be accomplished through allowing higher
density in villages and growth centers and adopting conservation districts in areas that
are primarily forested or open... Reducing development pressures within the rural
landscapes of Chittenden County can be accomplished through allowing higher density in
villages and growth centers and adopting conservation districts in areas that are primarily
forested or open. (page E-14)
4. Shifting development away from open space is consistent with specific recommendations to the
City Council made by the “Vermont Smart Growth Initiative” (signed on behalf of the Vermont
Natural Resources Foundation and the Conservation Law Foundation) in a March 2, 2005 letter.
The letter provided comments on the changes proposed to the LDRs:
“While the proposal does a good job of targeting development into growth areas, these
areas should be compact and should not be scattered within the SEQ… The growth areas
should be more concentrated in the northern part of the SEQ where most of the
development already exists… Providing for more compact growth in a smaller area of the
SEQ would also provide efficiencies and reduced costs for road, sewer and other City
infrastructure… The proposal fails to recognize the SEQ’s important rural and agricultural
resources and features. The agricultural value of the land in the SEQ should be
protected… Overall the proposal should strive to encourage and maintain agricultural
uses in a variety of forms in the SEQ as this provides important diversity and supports the
City’s efforts to develop a more compact town center and local growth areas.”
These comments are similar to earlier comments provided to the Planning Commission on April
17, 2002 by the Conservation Law Foundation:
“To maintain the rural, agricultural and natural features of the SEQ, the overall densities
in the area should be low. The Town Zoning and Subdivision regulations should focus on
an overall low density for the area instead of managing growth by setting standards for
lot size. A significant portion of this area, where agricultural uses are present and can draft
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continue, should maintain a density of 25 acres per unit. To allow large tracts of land to
remain in agriculture with this density, small lots sizes should be allowed, provided the
overall density for a particular area is maintained. With this model, a 100-acre parcel at
a density of 25 acres per unit could have 4 units. With a maximum lot size of 1/3 acre,
less than 2 acres would be used for development while 98 would be available for
agricultural uses. Smaller lots sizes would also allow compact neighborhoods to be
established in areas where services are available while still protecting the rural features
of the SEQ.”
5. In South Burlington residents consider preservation of open space one of their very highest
priorities. See Exhibits A through E (with respect to the 2011 Community Survey Report). These
conclusions are consistent with the election day poll in 2012 where voters ranked preserving open
space as the second most important issue (behind completing the city center project) to the
vitality and quality of life in South Burlington. Residents were also polled in connection with the
2018 midterm elections. Preservation of open space was not one of the options provided to
voters in the 2018 poll to rank as an “important issue” so these results cannot be directly
compared with current attitudes. However, in the 2018 poll, more residents thought that the city
was making only fair or poor progress on conservation of open space than in 2016 (45% to 40%)
and only 7% of residents thought that progress on conservation of open space was excellent. Fully
80% of residents were willing to pay an extra $100 of property tax to permanently preserve more
open space. This is the highest polling for this question over the past four decades (see Exhibit
G).4
4 The poll also asked voters that were familiar with the SEQ: “Over the past decades, the SEQ has seen a number of new
residential neighborhoods built, but the City has also set aside many areas that will never be built on. Overall, do you like
the looks of the way this area is evolving or do you not like it?” with 62% of respondents saying “I like it”. It would have
been helpful to directly ask voters whether they favor more residential development in the SEQ as “liking the looks” of the
SEQ does not clearly indicate the views of voters toward open space. draft
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Exhibit A - South Burlington 2011 Community Survey Report
Preservation of Open Space and Natural Resources was the second most important issue to the
residents polled.
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Exhibit B - South Burlington 2011 Community Survey Report
For the SEQ, the vast majority of residents responded that current zoning regulations allow too much
housing.
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Exhibit C - South Burlington 2011 Community Survey Report
Less than thirty percent of residents responded that future residential development in South Burlington
should be in the SEQ.
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Exhibit D - South Burlington 2011 Community Survey Report
Over 70% of residents responded that TDR use in the SEQ should be limited.
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Exhibit E
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Attachment F – TDR Overlay District Map
Recommended Zoning with TDR Overlay
R2 —> R7 = 1. PURPLE
R4 —> R7 = 7, ORANGE
R4 —> “Transition Zone” = A, B 12 & 13
LIGHT BLUE (when R7/C1)
(LIGHT GREEN when R7 only)
(YELLOW When INSIDE Neighborhood
Like Shelburne RD “secondary”)
R7/C1 —> R12/C1 = 6 DARK RED
R7/C2 —> R12/C2 = 3. LIGHT PINK
IA —> R7 = 14a. DARK GREEN outline
Unassigned But Opportunity = 2, 5, 9,
14, 16, RED OUTLINE
Plann Comm considering changes.
Include TDRs? (Paul’s Pink Map) 17
BRIGHT PINK
https://www.arcgis.com/home/webmap/viewer.html?webmap=981146b29160450aa194e05f3104d33b&extent=-
73.2422,44.4126,-73.0416,44.4834 draft
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
Form Based Codes Subcommittee
SUBJECT: Proposed Form Based Code Land Development Regulation Amendments
DATE: August 13, 2019 Planning Commission meeting
The Form Based Codes Subcommittee presents the enclosed proposed amendments to the Land Development
Regulations. The Subcommittee was tasked, in the spring, with assessing possible amendments and making
specific recommendations to the Commission. The Subcommittee’s charge was to vet possible amendments so
that the Commission would be able to move directly to a public hearing.
Enclosed with your packet please find the Subcommittee’s first series of proposed amendments to the City
Center Form Based Code. The Committee is working on through a long list but felt that these five (5)
amendments were now ready to advance to public hearings and possible action.
Following the same convention as the prior round of PC amendments, each amendment is numbered (LDR-19-
**). Also enclosed is a draft Planning Commission Report. The report contains an assessment of each
amendment, referring to the required elements of the Report under state law in each case. There’s also a brief
summary of each amendment there. The Report, importantly, addresses how each amendment is consistent
with the Comprehensive Plan.
Staff is recommending that the Commission warn the public hearing for September 10th at 7:00 pm. As with each
set of amendments, we will be having a legal review of each amendment prior to that time.
All of the proposed amendments were approved by a 4-0 vote for submittal to the Commission and
recommendation for the Commission to warn a public hearing.
LDR-19-08 T4 Window Heights
Draft for Planning Commission Review August 13, 2019 | 1
LDR-19-08 Reduce first story minimum window heights and establish privacy
standards in FBC T4 District
Section 8.13 T-4 Urban Multi Use Building Envelope Standards
(7)Glazing
(a)First Story Min. 40% of the
Width of the
Building, and Min.
7.5' in height for
non-residential and
6' in height with
Min. head height of
7.5' for residential
Min. 20% of the
Width of the
Building, and Min.
7.5' in height for
non-residential
and 6' in height
with Min. head
height of 7.5' for
residential
(b)First Story, percent of glazing required to be
transparent
75% Min.75% Min.
(c )Upper Stories
(d)Upper Stories, percent of glazing required to be
transparent
(d)Ground story residential privacy Ground story facades facing a street or
public park shall be designed to provide
privacy to the interior of the units
through either establishing a window
sill height of at least 36" above the
adjacent sidewalk or a combination of
landscaping and hardscaping to create
the same effect.
See Note 2
See Note 2
LDR-19-09 Open Space Location
Draft for Planning Commission Review August 13, 2019 | 1
LDR-19-09: Establish greater allowance for location of open space off-site for
residential buildings in FBC T4 District, clarify definitions
8.08 Open Space Requirements
…
Table 8-1 Open Space Requirements
Transect
Zone
Residential/No
n-Residential
Parcel Size Qualifying Open
Space Required
Additional Restrictions,
Requirements, or Allowances
Public Realm
Requirement
T5 Non-Residential All 5% of non-
residential
building gross
floor area
May locate qualifying open space
off-site (1) or purchase credits
Whether on or off site,
100 % must be part of the
public realm
Residential,
Less than 10
Units
All 100 Square Feet
Per Unit
May locate qualifying open space
off-site (1) pursuant to BES or
purchase credits
No public realm
requirement for
residential component
Residential, 10-
19 Units
All 85 Square Feet
Per Unit
May locate qualifying open space
off-site (1) pursuant to BES or
purchase credits
No public realm
requirement for
residential component
Residential, 20
or more Units
All 60 Square Feet
Per Unit
May locate qualifying open space
off-site (1) pursuant to BES or
purchase credits
No public realm
requirement for
residential component
T4 Non-Residential <20,000 SF 6% of non-
residential
building gross
floor area
May locate qualifying open space
off-site (1) or purchase credits
Whether on or off site,
75% must be part of the
public realm
Non-Residential >20,000 SF 6% of non-
residential
building gross
floor area
Qualifying Open Space must be
located on-site or within close
proximity (2) within 150’ of the
site and directly accessible from
the site
Whether on or off site,
75% must be part of the
public realm
Residential,
Less than 10
Units
All 100 Square Feet
Per Unit
Qualifying Open Space must be
located on-site or within close
proximity (2) within 150’ of the
site and directly accessible from
the site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential component
Residential, 10-
19 Units
All 85 Square Feet
Per Unit
Qualifying Open Space must be
located on-site or within close
proximity (2) within 150’ of the
site and directly accessible from
the site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential component
Residential, 20
or more Units
All 60 Square Feet
Per Unit
Qualifying Open Space must be
located on-site or within close
proximity (2) within 150’ of the
site and directly accessible from
the site; 50% or more must be
commonly accessible to all
tenants/residents
No public realm
requirement for
residential component
LDR-19-09 Open Space Location
Draft for Planning Commission Review August 13, 2019 | 2
T3/T3+ Non-Residential All 6% of non-
residential
building gross
floor area
Qualifying open space must be
located on site (1)
Minimum 30% must be
part of the public realm
Residential,
Less than 10
Units
All 100 Square Feet
Per Unit
Qualifying open Space must be
located on site (1)
No public realm
requirement for
residential component
Residential, 10-
19 Units
All 100 Square Feet
Per Unit
Qualifying open Space must be
located on site (1); 25% or more
must be commonly accessible to
all tenants/residents
No public realm
requirement for
residential component
Residential, 20
or more Units
All 90 Square Feet
Per Unit
Qualifying open Space must be
located on site (1); 40% or more
must be commonly accessible to
all tenants/residents
No public realm
requirement for
residential component
(1) For the purpose of Section 8.08, “On-site” shall mean the area subject to the approved area of the site plan, and “off-
site” shall mean any other land within the City Center Form Based Code district.
(2) For the purposes of Section 8.08, “Close Proximity” shall mean that a pedestrian entry to a Qualifying Open Space is
within ¼ mile of the nearest common entrance on a primary or secondary façade, measured along pedestrian
infrastructure such as sidewalks, trails, recreation paths, and marked crosswalks. Where no common entrance exists
on a primary or secondary façade, the mid-point of a building’s primary or secondary façade shall be used for this
calculation.
Close proximity shall be measured for each building, though open spaces may serve multiple buildings provided the
overall area requirements are met.
…
E. Locating Open Space Off-Site
(1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located,
in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District
boundaries, must meet any locational requirements of Table 8-1, and must meet the standards articulated herein.
Designated off-site open space must qualify under the palette of options listed in Table 8-2.
(2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section
(8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with
residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not,
except where otherwise specified, include:
(a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space
within such substantially developed portion;
(b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental
reasons, per chapter 12 of these regulations.
(3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB
makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying
Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to
consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational
Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not
count as more than 50% of the minimum required qualifying open space.
(4) Pre-approval of open space. An applicant that constructs a greater area of open space than the minimum required
area may apply that additional open space that exceeds the minimum towards the required open space for a future building.
LDR-19-09 Open Space Location
Draft for Planning Commission Review August 13, 2019 | 3
In doing so, the applicant shall demonstrate with each such building that the off-site open space is qualifying for the
proposed building in question.
F. Off-Site Open Space Credits
(1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may contribute to a
designated City Fund that shall be used to acquire Open Space and/or for Open Space capital improvements, both within
the City Center FBC District, subject to the following conditions and requirements:
(a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Space for any parcel of less
than two (2) acres in size existing as of the date of adoption of these regulations (or where two or more smaller parcels
are merged at any time and the total remains less than two (2) acres).
(b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required
qualifying Open Space for any parcel of two (2) acres or more.
(2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required
percentage of qualifying Open Space per Table 8-1 multiplied by the mean current assessed value of the land of all
parcels of two (2) acres or less within the T5 and T4 Transect Zones.
LDR-19-10 Off-site Landscaping
Draft for Planning Commission Review August 13, 2019 | 1
LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site
and to be used for hardscapes in FBC district
8.08 Open Space Requirements
…
G. Landscaping Requirements
(1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first
$250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that
this investment be in trees and shrubs, and on-site.
(2) WithinFor the City Center FBC District, a portion of the minimum landscaping budget may be used applied to for
other non-bulb perennial vegetation, art, decorative hardscapes, or other publicly welcoming amenities, as detailed in Table
8-3 and Appendix F, as part of a cohesive landscape plan that provides adequate planting of trees and shrubs appropriate to
the site., and when located within the public realm as defined in these Regulations.
(3) Off-site landscaping. Where Open Space is approved to be located off-site or within a specified distance of the site
pursuant to Section 8.08(E), up to eighty-five (85) percent (30) percent of the required landscaping budget may also be
located off-site. Prior to the application of any landscaping budget off-site, the In such instances, the applicant shall
demonstrate to the Administrative Officer that the site has been adequately landscaped with trees, shrubs, and other non-
bulb perennial vegetation, to provide a cohesive landscape plan. When off-site use of landscaping is proposed, the total
required landscape budget shall increase by fifteen (15) percent.
Table 8-3. Landscaping Options
Zone Maximum use of
Minimum Landscaping
Budget
Acceptable Palette of Options
T5 60% 90% Palette includes commissioned sculptures (excluding signss), fountains,
ornamental planters, ornamental or commissioned benches*, decorative
hardscapes, and ornamental or commissioned bicycle racks*
T4 40% 80% Palette includes same as T5.
T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for
community gardens, gazebos for common use, and rain gardens (as restricted
in Appendix F).
*credit may be given for the difference by which the proposed amenity exceeds the specified requirement for the district, at the
discretion of the Administrative Officer or the Development Review Board where applicable
s As defined in the South Burlington Sign Ordinance
Credit will not be given for the value of the land under which any of the above are constructed.
LDR-19-11 Reserved building space
Draft for Planning Commission Review August 13, 2019 | 1
LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5
Districts
8.05 Parking
A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be
determined by Street Type and Street Typology and consultation with the Department of Public Works.
B. Off-Street Parking placement.
(1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be
permitted, but shall be set back a minimum of 25 feet from the closest street line.
(2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may
approve surface parking which is within the 25-foot setback and which is not hidden from view from the street
by a building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking required for
the property; and,
(b) the area encompassed by the subject surface parking represents a significantly minor incursion
with the 25-foot setback.
(3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of
an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas
between the street right-of-way and proposed parking have been met, regardless of whether such areas are on
one or multiple lots with one or multi ownerships.
(a) This figure shall be reduced to eighty sixty-two feet (62’ 80’) where the applicant demonstrates
that this area has a shared parking agreement that would allow for the development of the area without
parking within this eightysixty-two-foot (62’80’) area. Screening with vegetation or a non-plastic fence or
wall of at least three (3) feet in height shall be installed along the street frontage until such time as the area
is developed. The Administrative Officer may approve the screening to be at the rear of the area, adjacent
to parking, where it presents a better overall landscape treatment for the site.
LDR-19-12 Upper Story Glazing
Draft for Planning Commission Review August 13, 2019 | 1
LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 districts
8.13 T-4 Urban Multi-Use Building Envelope Standards
…
(C) Building Standards
…
(7) Glazing
…
(c) Upper Stories See Note 2
(d) Upper Stories, percent of glazing required to be transparent See Note 2
8.14 T-5 Building Envelope Standards
…
(C) Building Standards
…
(7) Glazing
…
(c) Upper Stories See Note 2
(d) Upper Stories, percent of glazing required to be transparent See Note 2
T4 Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(3)
(e) A minimum of 85% of all required glazing shall be transparent
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or
wall section that is at least 7 inches wide.
(a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on
the primary building facade and 20% on secondary building facades.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout on the BES shall be
reduced by 50% on the street containing the secondary building facade.
Standard does not apply to a building façade abutting an Intertstate or Interstate ramp
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed
a minimum of 3 inches, except for bay windows and storefronts.
LDR-19-12 Upper Story Glazing
Draft for Planning Commission Review August 13, 2019 | 2
T5 Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space
(e) A minimum of 85% of all required glazing shall be transparent
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a
minimum of 3 inches, except for bay windows and storefronts.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners
(excluding bay windows and storefronts).
If a corner lot is 100’ or less in width along the street containing the primary building facade
and greater than two (2) times that width in depth, the required frontage buildout in the BES
shall be reduced by 50% on the street containing the secondary building facade.
(a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on
the primary building facade and 20% on secondary building facades.
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or
wall section that is at least 7 inches wide.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing ********
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 **************, in the City
Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments
to the South Burlington Land Development Regulations:
A. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC
T4 District
B. LDR-19-09: Establish greater allowance for location of open space off-site for residential
buildings in FBC T4 District, clarify definitions
C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used
for hardscapes in FBC district
D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
E. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
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
(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.”
A. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4
District
Brief explanation of the proposed bylaw
The amendment would reduce the minimum height of residential first story windows in the T4
from 7.5’ to 6’, establish a minimum head height, and require design to promote privacy for first
story residents.
(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 amendment will promote greater quality of life for first-story residential
units in the T4, and promote safety of residents through greater privacy. The amendment
will not affect the affordability of housing in any substantive manner.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendment will not affect proposed future land uses or densities as
presented in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
B. LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings
in FBC T4 District, clarify definitions
Brief explanation of the proposed bylaw
The proposed amendment would allow for open space required for residential development in
the FBC T4 district to be located within ¼ mile walking distance of the building itself, an increase
over the present standard. It would also clarify that the option to make a payment-in-lieu of
provision of open space applies only to pre-existing lots of less than 2 acres in size.
(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 amendments remain consistent with the Plan’s goals for open space within walking
distance of homes and will have no substantive effect on the availability of safe and
affordable housing.
3
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
Brief explanation of the proposed bylaw
The proposed amendment would allow up to 85% of a project’s minimum landscaping budget to
the used at approved off-site open space locations, upon demonstration that the site itself is
sufficiently landscaped. In addition, a greater proportion of the minimum landscaping budget
may be used for hardscape features (90% in T5, 80% in T4).
(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 Comprehensive Plan calls for a compact, well-designed urban area in City Center.
Allowing more landscaping to be used off-site and/or be used for hardscaping reflects this
objective. The proposal will have no effect on the availability of safe and affordable
housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to materially impact proposed future land uses and
densities as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
Brief explanation of the proposed bylaw
The proposed amendment would reduce the minimum distance a parking area may be from a
planned or existing public street where no building is present (the “reserved area” for a future
4
building) from 80’ to 62’ in the event parking behind that area is shared. Also requires screening
of the area from the frontage area.
(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 amendment will support ongoing infill development in the City Center area
as envisioned in the Plan. The amendment would have no significant 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.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
E. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
Brief explanation of the proposed bylaw
The proposed amendments would eliminate the requirement for upper story glazing to be
located at least 30” from the corners of buildings in the T5, and clarify that there is an overall
85% minimum requirement for upper story glazing to be transparent in T4 and T5.
(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 amendments are not anticipated to have any impacts on the availability of safe and
affordable housing and are consistent with the Comprehensive Plan’s goals for a well-
designed City Center area.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
23 JULY 2019
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 23 July 2019, at 7:00
p.m., in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: J. Louisos, Chair (via phone); T. Riehle, M. Ostby, Acting Chair; M. Mittag, A. Klugo,
D. MacDonald
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; T. McKenzie
1. Directions on emergency evacuation procedures from conference room:
Ms. Ostby provided directions on emergency evacuation procedures.
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:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Ms. Ostby noted this area has the highest level of median house pricing.
Mr. Conner directed attention to his written report. He also noted the “SoBu Night Out” events every
Thursday at Veterans’ Memorial Park.
5. Planned Unit Development/Master Plan/Subdivision Standards:
a. Building Typologies:
Ms. LaRose said this information hasn’t yet been sent to the PUD consultant. She added that the biggest
question is how much detail should there be for this since people often like an area because of building
types.
Mr. Mittag asked if there are other communities dictating building types. Ms. LaRose and Mr. Conner
noted Burlington, Winooski, Essex and Brattleboro.
Mr. Riehle said PUDs are more of a suburban thing, and since he is not a professional, he would like to
know what professionals think. Ms. Ostby felt that a lot of the information on the chart was more for
the city than for suburbs.
Mr. Conner said one of the primary uses of building types is to establish standards at transitions.
2
Ms. LaRose thought you can have a building of a certain size and not know how many units there are
inside. She cited the converted Victorian homes in St. Johnsbury where you can’t tell there are smaller
units in them.
Mr. Klugo said that what he might think is “bad,” someone else might think is “good.” You can’t
legislate taste. He felt the you can define materials (e.g., no plastic fences), and the quality of the
materials will dictate the quality of the development. The issue, he felt, is going to be the traffic. Mr.
Klugo also noted that the idea behind Form Based Code was predictability. People felt they were going
to a neighborhood where they want to live, that had a “predictable minimal level of design.” It may not
be ideal, but it is OK. He felt the Commission should focus on the right to be flexible and sustainable.
He cited large factory buildings in other cities being converted to many contemporary uses. He also
cited the quality in commercial spaces, noting that you can use a residential door in a commercial
building.
Ms. Louisos questioned whether categories are mutually exclusive and asked about mixed uses. Ms.
LaRose said they are designed to be exclusive, but she would take another look at that.
Ms. LaRose then questioned whether these building types would have a place outside of PUDs and
whether they should be required whether or not they are in a PUD. Mr. Klugo said a PUD is an
organizing tool. It is about place marking….images we have that go with a place.
Another of Ms. LaRose’s questions is whether some building types should track closer to the Form Based
Code standards or whether building development outside the FBC could be slightly less defined. For
example, is there enough, too little or too much focus on window treatments, glazing, doors, etc.
Mr. Klugo felt that again the focus should be on materials. Mr. Mittag suggested picking out a “menu”
of attributes from the FBC. Mr. Klugo suggested lists of options (e.g., balconies, porches). Ms. Ostby
cited the need to celebrate individuality.
Ms. LaRose noted that vinyl siding is not allowed in the FBC. She questioned whether commissioners
thought it should be prohibited elsewhere. Mr. Klugo cited a nice neighborhood in Saratoga which is all
vinyl but you’d never know it. There are also stone features, etc. He also noted the question of
affordability.
Mr. Mittag said products have improved, and the benefits of vinyl are unmistakable. He noted that his
development now allows certain brands of vinyl (approved in the past few months).
Mr. Klugo cited the possibility of a developer who wants to build homes with more modern materials.
He said it is how those materials are used that matters. He would never say no to any rational material.
He stressed the importance of not having a “one size fits all.”
3
Members then considered the possibility of relaxed setbacks, possibly having building types be located
close to the street and possibly having reduced lot sizes or lot frontages (i.e. having buildings be
required to be closer together).
Ms. Ostby felt setbacks didn’t matter as long as all homes followed the same line. Ms. LaRose suggested
that different PUD types could have different setbacks.
Mr. Klugo showed pictures of his favorite neighborhood in Birmingham, Michigan, with different styles
of homes and with 2-story commercial buildings knitted into the neighborhood. There were also multi-
family buildings, some infill, etc. What he felt makes it work are the trees and the equal setbacks. Mr.
Conner noted there also aren’t 2 and 4-car garages facing the street.
Mr. Riehle asked how you preclude having 10 houses all the same. Mr. Klugo noted that the houses he
showed are being re-developed. He wanted to provide the opportunity for this to happen 20 to 25
years from now.
Mr. MacDonald noted that every house on Pheasant Way has a different setback, and he felt this
provides variety. Mr. Klugo felt there are tools to make adjacent houses look different even though you
can tell they are from the same builder. Mr. Riehle noted the eastern part of the Chittenden Cider Mill
development are all very similar houses. Mr. Conner said they were built before the new standards.
Mr. Conner noted that the Affordable Housing Committee is interested in weighing in on these issues.
Mr. Klugo explained that the ADA standards are different for 3 or 4 unit buildings. He
said that rowhouse/town house designations should be different for 1-3 units and for 4-12 units because
of how you have to design them to meet the code (e.g., entrances).
b. Review table of proposed PUD applicability by zoning district:
Mr. Conner questioned what should happen with the R-1 District which is just a short stretch on Spear
Street. All other zones are 4/acre or more with a PUD, but the R-1 on Spear Street (west side) has no
density increase through PUDs. If TNC is allowed in R-1, then development at 4/acre would be allowed
in this area.
Ms. Ostby questioned whether now is the time for a density change in R-1. Mr. Riehle suggested that
one part of the city could have a character all its own. He felt people should have the right to have
those big homes and pay those big taxes. Mr. Klugo agreed. Mr. Conner noted that meant PUDs would
not be applicable in that district.
Mr. Conner asked members to think about what they would like to see at the south end of Shelburne
Road, possibly something that changes it from an industrial district that allows housing to a mixed
commercial-residential district. He also suggested that perhaps a campus PUD is not appropriate here.
6. Discuss City Center Portion of Official Map:
4
Mr. Klugo advised that the FBC subcommittee is still working on this project and is not yet ready to make
a recommendation. He also noted that the City Council acted to remove the streets from the city map.
7. Staff Update on Possible Solar Requirements Associated with New Construction:
Mr. Conner reviewed the history. He noted that a meeting was held with developers, including one
solar developer. All are moving in the direction of solar, but the biggest obstacle involves appraisals and
banks which is making solar out of people’s reach. Mr. Klugo noted Councilor Tom Chittenden’s idea of
having the city own the solar installation and having the home owner pay into it because now there is
no incentive for homeowners to install solar when they may not own the home when the solar
installation begins to ‘pay back.’
Mr. Conner said the feeling at the meeting was that there is more viability for solar with commercial
buildings early on.
8. Preparation for Joint Meeting with City Council and Interim Zoning Committees:
Mr. Conner outlined the format for the meeting and noted that after the meeting the Commission will
start to get final reports from the IZ groups.
Mr. Klugo was concerned that the Planning Commission won’t have a chance to meet prior to the joint
meeting to discuss such things as TDRs. He felt it put the Commission in an awkward position. Mr.
Conner suggested the Commission may need a more in-depth presentation from committees after that
meeting. Ms. LaRose noted this is only step one to tie things together. Mr. Klugo said that point should
be made at the start and to see the meeting as a “listening exercise.” Ms. Louisos felt members
shouldn’t be afraid to add questions and comments.
9. Reports from Committee/Working Group Liaisons:
Mr. Klugo: Form Based Code Committee is working on a package to bring to the Commission
consisting of about 4 items for the Commission to review and warn.
Ms. Louisos: The Natural Resources Committee has made a lot of progress re: forest areas and
agriculture. They are coming up with a 2-tier system: higher and secondary class recommendations.
They are also looking at mapping.
Mr. Mittag: The TDR Committee will meet on Tuesday to prepare for the joint meeting and to get their
report into a form to present.
10. Meeting Minutes of 9 July 2019:
Mr. Mittag moved to approve the Minutes of 9 July 2019 as written. Mr. MacDonald seconded. Motion
passed 6-0.
5
11. Other Business:
Mr. Conner drew attention to the solar array applications in the meeting packet.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:13 p.m.
_____________________________, Clerk
Williston Unified Development Bylaw Amendments- Transportation Impact fee 1 | P a g e
August 2, 2019
Memorandum
TO:
Vermont Department of Housing and
Community Development
Chittenden County Regional Planning
Commission
City of South Burlington Planning Commission
Town of Essex Planning Commission
Town of Hinesburg Planning Commission
Town of Jericho Planning Commission
Town of Richmond Planning Commission
Town of Shelburne Planning Commission
Town of St. George Planning Commission
Village of Essex Junction Planning Commission
FROM: Matt Boulanger, AICP, Planning Director
DATE: August 2, 2019
SUBJECT: Town of Williston Unified Development Bylaw – proposal to amend the following
chapter: Chapter 45 Transportation Impact Fee
The Town of Williston is considering revising the portions of its development regulations governing the
amount and method of assessing a transportation impact fee. The proposed amendments to the
Williston Unified Development Bylaw (WDB) will amend Chapter 45.
The Williston Planning Commission will hold a public hearing to consider the Williston Unified
Development Bylaw on Tuesday, August 20, 2019 at 7:00 PM in the Town Planning and Zoning
Conference Room on the first floor of the Williston Town Hall Annex located at 7900 Williston Road,
Williston, Vermont. Public comment at this hearing is welcomed and encouraged.
The proposed amendments to the Town’s Unified Development Bylaw are intended to focus the
collection and expenditure of Town Transportation Impact fees on Town projects that will reduce the
congestion that will otherwise be created by new development, based on a project and fee horizon of
2040. Changes include:
• Raising the fee from $700.00 per PM Peak Hour Vehicle Trip to $2000.00 per PM Peak-Hour
Vehicle Trip.
• Exempting units that will be perpetually affordable at 80% of the area median Income from the
requirement to pay a transportation impact fee.
• Exempting new child care facilities from the requirement to pay the fee.
• Clarifying how developments that have constructed or contributed to the construction of impact
fee projects will eb able to credit that construction or contribution against impact fee liability.
Additional information can be obtained by contacting Matt Boulanger, Director of Planning at the
Williston Planning Office by calling (802) 878-6704, or by email to mboulanger@willistonvt.org .
Attachments: Planning Commission Reporting Form for Municipal Bylaw Amendments
Williston Unified Development Bylaw with Proposed Changes
Williston Unified Development Bylaw Amendments- Transportation Impact fee 2 | P a g e
August 2, 2019
Town of Williston, Vermont
7900 Williston Road
Williston, VT 05495
Planning Commission Reporting Form
for Municipal Bylaw Amendments
The Town of Williston, Vermont is proposing changes to the town’s development regulations contained
in the Williston Unified Development Bylaw. This report summarizes the proposed changes to the
chapters of the Unified Development Bylaw being considered.
This report is in accordance with 24 V.S.A. §4441 (c) which states:
“When considering an amendment to a bylaw, the planning commission shall prepare and
approve a written report on the proposal. A single report may be prepared so as to satisfy the
requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this
title concerning plan amendments.…. The report shall provide (:)
a) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of
purpose as required for notice under section §4444 of this title,
The proposed amendments to the Town’s Unified Development Bylaw are intended to focus the
collection and expenditure of Town Transportation Impact fees on Town projects that will reduce the
congestion that will otherwise be created by new development. Changes include:
• Raising the fee from $700.00 per PM Peak Hour Vehicle Trip to $2000.00 per PM Peak-Hour
Vehicle Trip.
• Exempting units that will be perpetually affordable at 80% of the area median Income from the
requirement to pay a transportation impact fee.
• Exempting new child care facilities from the requirement to pay the fee.
• Clarifying how developments that have constructed or contributed to the construction of impact
fee projects will eb able to credit that construction or contribution against impact fee liability.
b) 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:
1. Objective 14.1 of the Williston 2016-2024 Comprehensive Plan calls for the Town of
Williston to:
“revise its bylaws to be consistent with the policies adopted in this plan. These revisions
will take the form of a unified development bylaw. These proposed changes will help
ensure that the town’s development regulations are consistent with this recently
adopted version of the town’s comprehensive plan.”
Williston Unified Development Bylaw Amendments- Transportation Impact fee 3 | P a g e
August 2, 2019
2. Policy 6.6.2, Monitor and Evaluate the Transportation Impact Fee, states:
“Williston has charged transportation impact fees since 1987, raising more than $2
million. The current impact fee of $700 per peak hour trip end was updated in 2008. The
town will monitor and evaluate the effectiveness of the impact fee program and
consider revising it to reflect current costs and match the priorities for improvements
adopted in this plan.”
3. The revised fee contains specific exemptions from the fee for perpetually-affordable
housing units.
2. Is compatible with the proposed future land uses and densities of the municipal plan:
The revised list of transportation improvements upon which impact fee monies may be
spent is focused on the construction of or improvements to the grid street network in the
Town’s state-designated Growth Center at Taft Corners, along with some funds to
encourage the development of a multi-use path connecting Williston Village Designated
Village Center to the Growth Center, in keeping with the land use goals of the 2016 Williston
Comprehensive Plan and the 2018 amendment to that plan, the Williston Village Master
Plan.
4. Carries out, as applicable, any specific proposals for any planned community facilities.
The list of impact fee projects is taken directly from policy goals and projects outlined in
section 6.4 of the Williston Comprehensive Plan, with a heavy focus on projects the Town
will be responsible for constructing.
Williston Unified Development Bylaw Amendments- Transportation Impact fee 4 | P a g e
August 2, 2019
Certification of Service
Vermont Agency of Commerce and Community Development
One National Life Drive
Deane C. Davis Building, 6th Floor
Montpelier, VT 05620-0501
Chittenden County Regional Planning Commission
110 West Canal Street, #202
Winooski, VT 05404
City of South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
Town of Essex Planning Commission
81 Main Street
Essex Junction, VT 05452
Town of Hinesburg Planning Commission
10632 Route 116
Hinesburg, VT 05461
Town of Jericho Planning Commission
P O Box 39
Jericho, VT 05465
Town of Richmond Planning Commission
P O Box 285
Richmond, VT 05477
Town of Shelburne Planning Commission
P O Box 88
5420 Shelburne Road
Shelburne, VT 05482
Town of St. George Planning Commission
1 Barber Road,
St. George, VT 05495
Village of Essex Junction Planning Commission
2 Lincoln St.
Essex Junction, VT 05452
Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw
P a g e 45- | 1
Deleted: Adopted by the Selectboard: 6/1/2009
Deleted: 25/19/20198
Chapter 45
Transportation Impact Fees
This chapter establishes a transportation
impact fee that must be paid by most
development projects.
45.1. Purpose – Authority - Repeal
45.1.1 Why does Williston charge a transportation impact fee? The 2016-2024 Williston
Comprehensive Plan (see Chapter 6) and other plans and studies prepared for the town make it clear
that numerous transportation improvements are needed to serve Williston’s anticipated growth. This
chapter establishes a transportation impact fee to help pay for those improvements and, specifically,
to ensure that new residents and businesses bear a fair portion of the costs of those improvements.
45.1.2 Does the town have the authority to impose impact fees? Yes. 24 V.S.A. § 5200, et seq.,
gives Vermont municipalities the authority to charge transportation (and other) impact fees.
45.2 Payment - Calculation
45.2.1 Who must pay the transportation impact fee? Any development for which a discretionary
permit is required that results in an increase in the number of dwelling units or, in the case of
nonresidential development, in an increase in PM peak hour vehicle trip ends (vehicle trips occurring
between the hours of 4:00 PM and 6:00 PM on weekdays) must pay a transportation impact fee. The
DRB may specify that an alternative measure of peak trip demand be used for determining the
transportation impact fee on recommendation from the town’s transportation engineer. Examples of
such development include churches, schools, and other uses generating significant amounts of traffic
with peak periods outside of the P.M. peak hour of demand.
45.2.2 Does “development” include additions or expansions of existing uses? Yes. Additions to
nonresidential uses that require the approval of a discretionary permit by the DRB are subject to the
transportation impact fee adopted here.
45.2.3 When must the transportation impact fee be paid? Payment of the transportation impact fee
required by WDB 45.2.1 must accompany the application for the administrative permit that will
allow work to begin on the proposed addition, building or dwellings that generate the trips for which
the fee is owed. Impact fee payments, like all other permit fees, will be made to the Town Clerk,
based on a calculation provided by Williston Planning.
45.2.4 Can one prepay transportation impact fees in order to avoid possible increases in these fees?
No. As provided in WDB 45.2.3, transportation impact fees may be paid only at the time an
application for an administrative permit is filed.
45.2.5 How was the transportation impact fee calculated? The net transportation impact fee adopted
here is calculated based on the Town of Williston Impact Fee Update study performed by Resource
Systems Group in 2019. This study, using a 2040 horizon, compares projected growth and its impact
on Williston’s transportation system to a set of transportation projects intended to mitigate that
congestion. The result is a fee that is intended to ensure that new development pays its share of the
cost of maintaining the level of congestion of Williston’s transportation system at current levels.
45.2.6 So, how much do I owe? The transportation impact fees are:
Deleted: Town Plan
Commented [MB1]: Check citation
Deleted: 45.1.3 Does this chapter replace the
transportation impact fee Williston has been charging?
Yes. Adoption of this chapter repeals Section 3-C of the
Williston Impact Fee Ordinance, which was first adopted on November 29, 2001, and last amended on July 17,
2003.¶
Deleted: Major a
Deleted: increase the size of the existing building(s) or
facilities or increase the intensity of the use of the property,
Deleted: and are expected to increase the number of trips
generated …
Deleted: s
Deleted: an interim fee pending future events and
additional discussion. See Appendix I for an explanation of
how the interim fee was established.
Formatted: Font: Italic
Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw
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45.2.6.1 Single Family Dwellings. The net transportation impact fee for each single-family
dwelling is $2000 per PM peak hour trip end X 1.01 PM peak hour trip ends per dwelling,
totaling $2020.00
45.2.6.2 Multiple Family Dwellings/Condominiums. The net transportation impact fee for
each unit in a multiple-family or condominium dwelling is $2000.00 per PM peak hour trip
end X 0.78 PM peak hour trip ends per dwelling, totaling $1,560.00.
45.2.6.3 Nonresidential Developments. The net transportation impact fee for all other
development is $2000.00 multiplied by the number of PM peak hour vehicle trip ends that
development is expected to generate.
45.2.7 How do I know how many PM peak hour vehicle trip ends a proposed development will
generate? The number of PM peak hour vehicle trips generated by a proposed nonresidential
development will be estimated using the most current edition of the Institute of Transportation
Engineers Trip Generation. The Administrator’s determination of PM peak hour vehicle trip ends
made using that reference is subject to appeal using the procedures of WDB 5.4.
45.2.8 Are there other ways of calculating the number of vehicle trips for the purpose of
determining the transportation impact fee? There may be circumstances when other traffic
generation sources may be required. Other sources may include professionally conducted traffic
generation studies not included in the ITE TRIP GENERATION manual or local trip generation
studies conducted for the particular use. Local trip generation studies are required when: a) the
particular land use is not covered by ITE; b) there are fewer than 4 data points (studies) in the ITE
TRIP GENERATION manual; c) the size or intensity of the use falls outside the range of the TRIP
GENERATION data points. When using local trip generation studies, the town shall have its own
traffic consultant verify the proposed trip generation calculation at the expense of the developer prior
to acceptance by the Administrator.
45.2.8 Are there lower transportation impact fees for affordable housing? Yes. As permitted by 24
V.S.A. § 5205, the net transportation impact fees for perpetually affordable housing units will be
waived at the following rate:
Perpetually affordable at 100% of the Area Median Income or below:
Transportation Fees discounted 50%
Perpetually affordable at 80% of the Area Median Income or below:
Transportation Fees discounted 100%
A perpetually affordable housing unit is one that meets the definition of ‘affordable housing’
established in this bylaw.
45.2.9 Do all public facilities have to pay transportation impact fees? No. Transportation impact
fees will not be collected for the construction of new Town facilities or facilities built by the
Chittenden Solid Waste District.
45.2.10 Are there any other uses that are not subject to transportation impact fees? Yes. Child Day
Care Services (NAICS 6244) will not be assessed transportation impact fees under this chapter.
Deleted: 700.00
Deleted: 707
Deleted: 700
Deleted: 546
Deleted: 700
Commented [MB2]: Check citation
Deleted: 50% of
Deleted: .
Deleted: municipal
Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw
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45.3 Use of the Fees. Transportation impact fees may be used to build all or any part of the transportation
improvements listed in Table 45.A. Transportation impact fees may not be used for other purposes, except
that they may be used to support the update and revision of this chapter.
45.4 Management of the Fees
45.4.1 How will I know that the transportation impact fees I paid were used for the projects listed
in WDB 45.3?
45.4.1.1 Separate Account. Transportation impact fees will be placed in a separate interest
bearing account: the "Williston Transportation Impact Fee Account.” The Town Manager will
maintain a ledger for this account which indicates the date of payment of each fee, the amount
paid, the name of the payer, and the date that the fee collected was spent on one or more of
the transportation improvement projects listed in Table 45.A.
45.4.1.2 Annual Report. Once each year, the Town Manager shall prepare and submit to the
Selectboard and Planning Commission an annual accounting of all fees paid into and
withdrawn from the Williston Transportation Impact Fee Account. This report shall show the
amounts collected and their source, the amounts expended, and the projects for which
expenditures were made.
45.4.2 What happens if the town does not use the impact fee I paid in a timely fashion? If the town
does not expend an impact fee within six years of the date it is collected, the owner of the property
at the end of the six-year time period may apply for and receive a refund of that fee. The request for
a refund must be filed in writing within one year after the expiration of the six-year time period.
45.4.3 What happens if the costs of the improvements supported by impact fees turn out to be less
than estimated? As provided by 24 V.S.A. § 5302(d), if the actual expense of the projects funded by
the impact fees established in this chapter is less than anticipated in the Town of Williston Impact
Fee Update study, the town will, upon request by the current owner of the property for which a fee
was paid, refund that portion of the fee paid, with accrued interest, that was in excess of the amount
that should have been charged. A request for this type of refund must be filed within one year of the
completion of the last of the projects listed in Table 45.A.
45.4.4 Suppose I paid an impact fee, and then decided not to build. Can I get a refund? Anyone
who pays a transportation impact fee may request and receive a refund of that fee if the proposed
development was never begun. Where such a refund is requested, the approved administrative permit
will be voided and accrued interest will be retained to offset the town’s administrative expenses. A
new administrative permit, and if necessary, a new discretionary permit, and payment of all required
fees, including the transportation impact fee, will be required before any development activity is
permitted on the site.
45.5 In-Kind Contributions.
45.5.1 Can the construction of transportation improvements by an applicant be credited against
impact fees owed on the project? Yes. There may be times when a developer whose project will
have to pay transportation impact fees will find it convenient to build or install one, or some part of
one, of the improvements listed in Table 45.A.
Deleted: 45.2.10 Are there any other waivers or adjustments that might reduce the transportation impact
fee? The number of PM peak hour trips estimated using
the Institute of Transportation Engineers Trip Generation
will be reduced by 20% for uses that meet all of the
following criteria.¶
¶45.2.10.1 Growth Center. To benefit from the 20% reduction in trips permitted by WDB 45.2.7, a use must be
within the designated growth center.¶
¶
45.2.10.2 Shared Parking. To benefit from the 20%
reduction in trips permitted by WDB 45.2.7, a use must
share parking with at least one other structure and use.¶¶
45.2.10.3 Small Scale. To benefit from the reduction in
trips permitted by WDB 45.2.10, a use must be a small
scale food service, retail, or personal service use that
depends, at least in part, on being in close proximity to
major or anchor uses. In order to ensure that this reduction
in fees is applied correctly, a small scale use will be further defined as occupying no more than 3,000 gross square feet.¶
¶
Can you give an example of a small scale use? The Ben
& Jerry’s store, the card shop, and similar uses at Maple
Tree Place depend on traffic to the theater and the
Christmas Tree Shoppe, which are the anchors of that center. ¶
Deleted: 45.2.10.4 Additional Reduction. An additional 5% reduction in the transportation impact fee will be
allowed for uses within developments that include both
non-retail commercial and residential uses.¶
Commented [MB5]: Check citation
Deleted: Transportation Impact Fee
Formatted: Not Highlight
Deleted: S
Commented [MB6]: Change title to title of RSG study
Deleted: then
Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw
P a g e 45- | 4
Deleted: Adopted by the Selectboard: 6/1/2009
Deleted: 25/19/20198
45.5.2 Credit for construction of improvements prior to development. Where an applicant constructs
or contributes to the construction of a transportation improvement that is or will be necessary to
directly serve vehicle trips created by their future development, that development shall receive
“credit” against its transportation impact fee liability up to 100% of the cost of the construction of
the improvement or the amount of the contribution toward the improvement made by the applicant.
How would “credit” for an impact fee work and how is it different from “prepaying” an impact fee, which
is not allowed? The actual construction (or contribution to the actual construction) or a listed transportation
improvement necessary to serve future development by the applicant is different from “prepaying” an impact fee because the improvement is actually built. A good example is the “grid street” Zephyr Road, whose construction was necessary to serve the Finney Crossing Development. Projects within the Finney Crossing development are
considered to have “paid” their impact fees by constructing a listed improvement, up to the total cost of constructing
Zephyr Road that was incurred by the applicant when it was constructed.
45.5.3 How will credits for construction be determined? Where an applicant proposes to build or to
contribute funds to build all or part of a listed improvement, the development agreement required by
Chapter 7 of this bylaw for any development the applicant proposes that is directly served by the
improvement may include language, approved by the DRB with the advice of the DPW, that
describes how the contribution or actual costs of building or installing the improvement will be
credited against the transportation impact fees. Where the credit will be less than the sum of the
transportation impact fees that would be paid, any development agreement shall establish a lesser
fee, to be paid when administrative permits are approved. Construction or installation of the listed
improvement will become a “required improvement” subject to all security, inspection, warranty,
and other standards established in Chapter 7 of this bylaw.
45.6 Appeals
45.6.1 Is it possible to appeal an impact fee? Yes. As required by 24 V.S.A. § 5203(f), anyone who
must pay a transportation impact fee may challenge the imposition of that fee or the amount of the
fee by filing a written notice of appeal with the Town Clerk. The notice of appeal must be filed within
thirty days after payment of the impact fee (the fee must be paid before an appeal can be filed) and
must state the basis of the appeal as required by WDB 45.6.3,
45.6.2 Will there be a hearing on an appeal? Yes. Within sixty (60) days after the filing of a notice
of appeal, the Selectboard shall hold a public hearing to receive oral and written evidence and
argument from the appellant, staff, and other interested parties.
45.6.3 On what basis could the Selectboard overturn the imposition of an impact fee and provide
a refund? The Selectboard’s first concern in hearing a request to avoid the payment of impact fees
must be equal treatment of all applicants. The appellant must, therefore, clearly demonstrate that it
should not pay the fee, or pay a reduced fee, because its circumstances are unique, not shared by
other applicants, and not adequately foreseen in the town’s determination of the transportation impact
fees adopted in this chapter.
45.6.4 How will notice of the Selectboard’s decision be reported? The Selectboard will provide the
appellant with a written notice of its decision within forty-five (45) days after the end of the hearing.
If that decision is to overturn the imposition of the fee, the notice of decision will be accompanied
by a refund check.
Moved down [1]: 45.5.2 How will credits for
construction be determined? Where an application for a
permit proposes that the applicant build all or part of a
listed improvement, the development agreement required
by Chapter 7 of this bylaw may include language, approved by the DRB with the advice of the DPW, that
describes how the actual costs of building or installing the
improvement will be credited against the transportation
impact fees the project would otherwise pay. No such
credit shall exceed 100% of the transportation impact fees
that would otherwise be due, and where the credit will be less than the sum of the transportation impact fees that would be paid, the development agreement shall establish a
lesser fee, to be paid when administrative permits are
approved. Construction or installation of the listed
improvement will become a “required improvement”
subject to all security, inspection, warranty, and other
standards established in Chapter 7 of this bylaw.
Moved (insertion) [1]
Deleted: 2
Deleted: application for a permit proposes that the
applicant …
Deleted: the project would otherwise pay
Deleted: No such credit shall exceed 100% of the
transportation impact fees that would otherwise be due, and where …
Deleted: the
Formatted: Indent: Left: 0"
Deleted: 45.5.3 Are there any credits for construction of transportation improvements? Yes. A developer
constructing some portion of the grid streets described in
Table 45.A as part of their development may receive credit
for up to 50% of the cost of construction of the grid streets
against the amount of the transportation impact fees that
would otherwise be due to the town. These grid streets are
those planned for the Taft Corners area west of VT 2A, between Marshall Avenue on the south, Williston Road on
the north, and Harvest Lane on the west. The method for
determining the cost of the transportation improvements
shall be consistent with the provisions of WDB 45.5.2 for
up to 50% of the cost of the improvements. Any credits
towards the construction of these grid streets shall only be applied towards a development proposal obtaining a permit directly tied to the future construction of these grid streets.¶
Commented [MB9]: Check citation
Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw
P a g e 45- | 5
Deleted: Adopted by the Selectboard: 6/1/2009
Deleted: 25/19/20198
Table 45.A
Improvements Eligible for Transportation Impact Fee Funding
SYSTEM PROJECT COST ($) TOWN
SHARE
Town Marshall Avenue Shared Use Path 200,000.00 100%
Town East-West Grid Street. (2A to Maple Tree Place) 1,500,000.00 100%
Town
Shared-Use Path along US2 Taft Corners to Village
(design) 100,000.00 100%
Town Mountain View Road Bike Lanes (design) 100,000.00 100%
Town Upgrade Maple Tree Place Roundabout 1,000,000.00 100%
Town Industrial Avenue Sidewalk and Bike Lane 846,100.00 100%
Town Extension of Trader Lane to US2 1,750,000.00 100%
Total eligible town projects >>>
$ 5,496,000.00
Formatted Table
Deleted: Grid streets from Alt B Taft Corners Study
Deleted: 1,380
Deleted: Traffic signal Williston Rd. and Trader Ln./Helena
Dr…
Deleted: 383
Deleted: Talcott Rd. / Zephyr Rd. Connector Stree
Deleted: t
Deleted: 250
Deleted: Contribution to sidewalk bond
Deleted: 78,550
Deleted: Minor capital projects
Deleted: 400
Deleted: N Williston Rd and Mountain View
Deleted: 423
Deleted: Corridor studies: North Williston and Oak Hill
Deleted: 120
Deleted: Town ...
Deleted: 534,650
Deleted: State ...
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
THE CITY
OF BURLINGTON
CITY PLANNING
City Hall, 3rd Floor
149 Church Street
Burlington, VT 05401
www.burlingtonvt.gov/planning
Phone: (802) 865-7144
TO: South Burlington Planning Director
Colchester Planning Director
Winooski Planning & Zoning Manager
Chittenden County Regional Planning Director
VT Department of Housing and Community Development
FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington
DATE: August 5, 2018
RE: Burlington Comprehensive Development Ordinance Amendments
Enclosed, please find proposed amendments to the City of Burlington Comprehensive
Development Ordinance:
• ZA-20-01: Form District 5 Boundaries
The Planning Commission will hold a public hearing on the proposed amendments on
Tuesday, August 27, 2019 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street,
Burlington.
Please ensure this communication is forwarded to the chairs of your respective Planning
Commissions. Submit any communications for the Planning Commission’s consideration at
the hearing to me by close of business on August 26, 2019.
Thank you.
CC: Andy Montroll, Burlington Planning Commission Chair
David White, FAICP, Director, City Planning
Scott Gustin, AICP, Principal Planner, Department of Permitting & Inspections
Kimberly Sturtevant, Assistant City Attorney
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
www.burlingtonvt.gov/pz
Phone: (802) 865-7144
Andy Montroll, Chair
Bruce Baker, Vice Chair
Yves Bradley
Alex Friend
Emily Lee
Harris Roen Jennifer Wallace-Brodeur
PUBLIC HEARING NOTICE
Burlington Comprehensive Development Ordinance
ZA-20-01 Form District 5 Boundaries
Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington
Planning Commission to hear comments on the following proposed amendments to the City of
Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on
Tuesday, August 27, 2019 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street,
Burlington, VT.
Pursuant to the requirements of 24 V.S.A. §4444(b):
Statement of purpose: This amendment is proposed to the Burlington CDO as follows:
The purpose of this proposed amendment is to modify the boundaries of Form District 5 to include
additional properties located along the boundary of the current district. Properties considered for
inclusion in the FD5 district were evaluated for their current use, future potential use, development
intensity, and compatibility with adjacent properties. They have been recommended to be included
in the FD5 in order to encourage the type and intensity of future infill or redevelopment consistent
with adjacent properties, to enable greater flexibility for expansion or reuse of existing uses and
structures, and/or reduce existing non-conformities.
Geographic areas affected: the proposed amendments are applicable to the following areas in the
City of Burlington:
The proposed amendment applies to 19 parcels boardering on the current Form District 5 boundary
immediately surrounding the downtown core.
List of section headings affected:
The proposed amendment modifies Maps 4.3.1-1, 4.4.1-1, 4.4.5-1, 8.8.3-1, and Article 14 Maps 1, 2 and 3.
The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment
is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street,
Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at
www.burlingtonvt.gov/pz.
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of
birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic
information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or
alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired.
THE CITY
OF BURLINGTON
City Planning
City Hall, 3rd Floor
149 Church Street
Burlington, VT 05401
www.burlingtonvt.gov/planning
Phone: (802) 865-7144
TO: Burlington Planning Commission
FROM: Meagan Tuttle, Comprehensive Planner
DATE: August 1, 2019
RE: Proposed CDO Amendment ZA-20-01 Form District 5 Boundaries
Overview & Background
The Planning Commission and City Council Ordinance Committee previously considered this
amendment as proposed ZA-18-08, which underwent a number of changes by the Council
Ordinance Committee, before it expired on June 12, 2019. The Council Ordinance Committee has
referred it back to the Planning Commission to warn a new public hearing and return it for adoption.
In 2017, the Form-Based Code Joint Committee completed its work on the development of planBTV:
Downtown Code, which was adopted in November 2017. During its early discussions, requests and
recommendations were made to the Joint Committee to consider properties to be added to the
proposed Form District 5 (FD5) district. The Committee, however, chose to maintain the FD5
boundaries largely consistent with the previous Downtown Transition and Battery Street Transition
zoning districts, and to defer any changes to the boundaries to subsequent amendments. ZA-20-01 is
such an amendment, recommending the addition of a number of properties bordering on the FD5
boundary, currently zoned Residential High Density or Residential Medium Density, be added to the
FD5 district. The timing of this amendment emerged from several property owners bordering the
FD5 district requesting to be rezoned, including the property that houses Advanced Music at the
southeast corner of Maple & S. Champlain Street.
The attached maps include revisions to the proposed FD5 boundary changes made by the City
Council Ordinance Committee in June 2019. This Planning Commission considered amendment in
spring of 2018, and referred it to the City Council following its public hearing in July 2018. Based on
public input, the Council Ordinance Committee revised the proposed amendment in November 2018
and again in June 2019 before the amendment expired.
Proposed Amendments
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement
The purpose of this proposed amendment is to modify the boundaries of Form District 5 to
include additional properties located along the boundary of the current district. Properties
considered for inclusion in the FD5 district were evaluated for their current use, future potential
use, development intensity, and compatibility with adjacent properties. They have been
recommended to be included in the FD5 in order to encourage the type and intensity of future
infill or redevelopment consistent with adjacent properties, to enable greater flexibility for
expansion or reuse of existing uses and structures, and/or reduce existing non-conformities.
2
Proposed Changes
To achieve the goals identified above, the proposed amendment affects the following sections
of the Burlington Comprehensive Development Ordinance:
Amend Maps to reflect change in zoning of 19 properties on border of FD5
This affects maps depicting downtown and residential zoning districts (Maps 4.3.1-1,
4.4.1-1, 4.4.5-1 and Article 14, Map 1), related parking districts (Map 8.1.3-1), special height
areas and shopfront requirements for the downtown form districts (Article 14, Maps 2
and 3). Applicable maps are attached this report.
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV (Burlington’s Municipal
Development Plan) is prepared in accordance with the provisions of 24 V.S.A. §4441(c).
Theme Dynamic Distinctive Inclusive Connected
Land Use Conserve Sustain Grow
Compatibility with Proposed Future Land Use & Density
The proposed amendment will provide greater flexibility on some properties for infill, and a more
diverse range of building types for new development and redevelopment, including housing and
mixed-use. This furthers the policies of planBTV related to land use and density, to encourage
mixed-use development patterns, at a variety of urban densities, which limit the demand for
parking and unnecessary automobile trips, and support public transportation and to retain its
moderate scale and urban form in its most densely developed areas, while creating new
opportunities for increased densities.
Impact on Safe & Affordable Housing
The proposed amendment can provide more flexibility for housing development in mixed-use
structures as well as small and large multi-family structures, providing greater opportunities for
the creation new, or more, housing within the transitional areas around the downtown core.
Specifically, this furthers the policies of planBTV to encourage new land uses and housing
designs that serve changing demographics and benefit from new technologies where
appropriate, and to support the development of additional housing opportunities within the city,
with concentrations of higher-density housing within neighborhood activity centers, the
downtown, and institutional core campuses.
Planned Community Facilities
The proposed amendment has no impact on planned community facilities.
Process Overview
The following chart summarizes the current stage in the zoning amendment process, and identifies
any recommended actions:
Planning Commission Process
Proposed by:
Staff, with
amendments by
Council Ord. Cmte
Presentation to &
discussion by
Commission
July 23, 2019
Approved for
Public Hearing
July 23, 2019
Public Hearing
August 27, 2019
Approve &
forward to
Council
Continue
discussion
3
City Council Process
First Read &
Referral to
Ordinance Cmte
Ordinance
Committee
discussion
Ordinance
Cmte
recommends to
Council [as is /
with changes]
Second Read &
Public Hearing
Approval &
Adoption
Rejected
Change from (N) to (D)
DerwayIsland
STAR
R
FARM
RD N
O
R
T
H
Appl
e
t
r
e
e
B
a
y
Lake Champlain
C
O
L
C
H
E
S
T
E
R
Intervale
STANIF
O
R
D
R
D
AV ETHAN ALLEN PWV
T
12
7NORTH
AVAppletreePoint
Lone Rock
Point
WI
N
O
O
S
K
I
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLC
H
E
S
T
E
R AVRIVERSID
E
AV
MAI
N
S
TEASTAVUVM
MAIN STWin
o
o
s
k
i
R
i
v
e
r
SOPROSPECTSTSTP
AU
L
S
T
FLYNN AV
SHELBURNESTOakledgePark
Red Rocks Park
JuniperIsland PINESTFD6 FD5
RH
IDW-PT
RCO-RG
DW-PT
CV
RCO-C
ELM
ELM
RM
RL
I
I
RCO-RG
RL
NMU
RL-W
RL
RL-W
I
I
I
RCO-RG
RL
NAC-R
RLRM
RM
NMU
UR
RCO-RG
EAE
NMUNAC-CR
RM-W
FD5
FD5
RCO-RG
RCO-C RCO-C
RL
RL RCO-A
RCO-A
RCO-C
RL
NAC RM
RL
RL
RL-W
RL-W
RCO-RG
RCO-A
RCO-C
RCO-C
RL-W
NAC
RM
RM-W
NAC
RCO-RG
RCO-C
RCO-RG
RCO-C
RCO-RG
ELM
CV
RM-W
RH
4
With Amendments Effective
February 7, 2018 (ZA-18-02)
Downtown Core (FD6)
Downtown Center (FD5)
Downtown Waterfront - Public Trust (DW-PT)
Neighborhood Mixed Use (NMU)
Neighborhood Activity Center (NAC)
Neigborhood Activity Center - Cambrian Rise (NAC-CR)
Neighborhood Activity Center - Riverside (NAC-R)
Enterprise - Agricultural and Energy (E-AE)
Enterprise - Light Manufacturing (E-LM)
Institutional (i)
Civic Spaces
Residential - High Density (RH)
Residential - Medium Density (RM)
Waterfront Residential - Medium Density (RM-W)
Residential - Low Density (RL)
Waterfront Residential - Low Density (RL-W)
Urban Reserve (UR)
RCO - Agriculture (RCO-A)
RCO - Recreation/Greenspace (RCO-RG)
RCO - Conservation (RCO-C)
Mixed Use
Enterprise
Institutional
Residential
Urban Reserve
Recreation /
Conservation
Base Zoning Districts:
DRAFT Map 4.3.1-1
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
See Inset 1
See Inset 2
Inset 1
Inset 2
Change from (RM) to (FD5)
Change from (RH) to (FD5)
\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\LAFAYETTEWaterfront
MAPLESAINT PAULPARKCHURCHSTREET
WINOOSKIPAULSTREETBATTERYSTREETPEARL
STREETLOOMIS
STREET
UNIONADAMS
LAKE
LANEPINE
STREETSTREET
SOUTHELMWOODSOUTHSTREETSTREETSTREETGRANT
MAINLAKE PINE
STREET
PERU
BATTERYCOLLEGE
ELM TERRACECLARKE ORCHARDCHAMPLAIN
UNIONReserve
Perkins
CHERRY
Park
STREET
MONROE UNIONKILBURN STREET STREETSTREET PINE
KING
COLLEGESTREET
STREETALLEN
STREET SOUTHSTREETSAINTMAPLE NORTHLAVALLEYSTREETSTREETGEORGECHAMPLAINKING
Smalley
STREET
Battery Park AVENUEPLACESHERMAN
MARKETPLACESCHOOLCONVERSESAINT PAUL STREETSTREET SOUTHJOHNSONSOUTHSTREETAVENUE
TERRACEPier MURRAY KINGSLAND TERRACEWINOOSKIPEARL
STREET
CHURCHSTREETSTREETSTREET COURTCOLLEGE
BUELL
STREET
STREET
WINOOSKISTREETSTREET AVENUESTREETCENTER STREETBANKFRONT NORTHSTREETHICKOCK
STREET
MAIN
STREET
BRADLEYDEPOT
STREETNORTH
STREETPark AVENUESTREET
A
B
B
4
Downtown Mixed Use Districts:
Downtown Core (FD6)
Downtown Center (FD5)
Downtown Waterfront - Public Trust (DW-PT)
With Amendments Effective
January 3, 2018 (ZA-18-01)
DW-PT
FD6
FD5
FD5
FD5
FD5
FD5
FD5
DW-PT
Add to Downtown Center (FD5) District
DRAFT Map 4.4.1-1
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
DerwayIsland
STAR
R
FARM
RD N
O
R
T
H
Apple
t
r
e
e
B
a
y
Lake Champlain
C
O
L
C
H
E
S
T
E
R
Intervale
STANIF
O
R
D
R
D
AV ETHAN ALLEN PWVT 1
2
7NORTH
AVAppletree
Point
Lone RockPoint
WI
N
O
O
S
K
I
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLC
H
E
S
T
E
R AVRIVERSIDE
AV
MAI
N
S
TEASTAVUVM
MAIN STWin
o
o
s
k
i
R
i
v
e
r
SOPROSPECTSTSTPAUL
S
T
FLYNN AV
SHELBURNESTOakledge
Park
Red Rocks Park
JuniperIsland PINESTRH
RM
RL
RL
RL-W
RL
RL-W
RLRLRM
RMRM-W
RL
RL
RL
RM
RL
RL
RL-W
RL-W
RL-W
RM
RM-W
RM-W
RH
4
Residential Districts:
Residential - High Density (RH)
Residential - Medium Density (RM)
Waterfront Residential - Medium Density (RM-W)
Residential - Low Density (RL)
Waterfront Residential - Low Density (RL-W)
With Amendments Effective
February 7, 2018 (ZA-18-02)
DRAFT Map 4.4.5-1
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
DerwayIsland
STAR
R
FARM
RD N
O
R
T
H
Appl
e
t
r
e
e
B
a
y
Lake Champlain
C
O
L
C
H
E
S
T
E
R
Intervale
STANI
F
O
R
D
R
D
AV ETHAN ALLEN PWVT
1
2
7NORTH
AVAppletreePoint
Lone RockPoint
WI
N
O
O
S
K
I
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLCH
E
S
T
E
R AVRIVERSID
E
AV
MAI
N
S
TEASTAVUVM
MAIN STWin
o
o
s
k
i
R
i
v
e
r
SOPROSPECTSTSTPAU
L
STFLYNN AV
SHELBURNESTOakledge
Park
Red Rocks Park
JuniperIsland PINESTRH
RM
RL
RL
RL-W
RL
RL-W
RLRLRM
RMRM-W
RL
RL
RL
RM
RL
RL
RL-W
RL-W
RL-W
RM
RM-W
RM-W
RH
4
Residential Districts:
Residential - High Density (RH)
Residential - Medium Density (RM)
Waterfront Residential - Medium Density (RM-W)
Residential - Low Density (RL)
Waterfront Residential - Low Density (RL-W)
With Amendments Effective
February 7, 2018 (ZA-18-02)
Remove from Residential Districts
Inset
See Inset
DerwayIsland
STAR
R FARM
RD N
O
R
T
H
Appl
e
t
r
e
e
B
a
y
Lake Champlain
C
O
L
C
H
E
S
T
E
R
Intervale
STANI
F
O
R
D
R
D
AV ETHAN ALLEN PWVT
1
2
7NORTH
AVAppletreePoint
Lone RockPoint
WI
N
O
O
S
K
I
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLCH
E
S
T
E
R AVRIVERSIDE
AV
MAI
N
S
TEASTAVUVM
MAIN STWin
o
o
s
k
i
R
i
v
e
r
SOPROSPECTSTSTPAU
L
S
T
FLYNN AV
SHELBURNESTOakledgePark
Red Rocks Park
JuniperIsland PINESTN
N
N
N
SU
SU
SU
SU
D
SU
N
N
D
SU
SU
N
N
N
SU
SU
SU
N
N
N N
SU
SU
SU
4
Parking Districts
Downtown (D)
Shared Use (SH)
Neighborhood (N)
With Amendments Effective
February 7, 2018 (ZA-18-02)
DerwayIsland
STARR
FARM
RD N
O
R
T
H
Apple
t
r
e
e
B
a
y
Lake Champlain
C
O
L
C
H
E
S
T
E
R
Intervale
STANIF
O
R
D
R
D
AV ETHAN ALLEN PWVT
1
2
7NORTH
AVAppletreePoint
Lone Rock
Point
WI
N
O
O
S
K
I
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLC
H
E
S
T
E
R AVRIVERSID
E
AV
MAI
N
S
TEASTAVUVM
MAIN STWin
o
o
s
k
i
R
i
v
e
r
SOPROSPECTSTSTPAU
L
ST
FLYNN AV
SHELBURNESTOakledgePark
Red Rocks Park
JuniperIsland PINESTN
N
N
N
SU
SU
SU
SU
D
SU
N
N
D
SU
SU
N
N
N
SU
SU
SU
N
N
N N
SU
SU
SU
4
Parking Districts
Downtown (D)
Shared Use (SH)
Neighborhood (N)
With Amendments Effective February 7, 2018 (ZA-18-02)
Change from (N) to (D)
DRAFT Map 8.1.3-1
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
DerwayIslandSTARRFARMRDNORTHAppletree Bay
Lake Champlain
COLCHESTER IntervaleSTANIFORD RDAVETHAN ALLEN PWVT 127NORTH
AVAppletreePointLone Rock
Point
WINOOSKI
SOUTH BURLINGTONBurlington
Bay
Gorge Island
COLC
H
E
S
T
E
R AVRIVERSI
D
E
AV
MA
I
N
S
TEASTAVUVM
MAIN STWinooski River
SOPROSPECTSTSTPAUL
ST
FLYNN
AV
SHELBURNESTOakledge
Park
Red Rocks Park
Juniper
Island PINESTNNNNSU
SU
SU
SU
D
SU
N
N
D
SU
SU
N
N
N
SU
SU
SU
N
N
N
N
SU
SU
SU
4
Parking DistrictsDowntown (D)Shared Use (SH)Neighborhood (N)
With Amendments Effective
February 7, 2018 (ZA-18-02)
Inset
See Inset
ARTICLEARTICLERegulating Plan14ARTICLE
14| 14
14.2
Art. 14 - planBTV Downtown Code - 11/13/17
CIVIC
CIVIC
FD5 FD5
FD5
FD5
FD5
FD6
FD6
FD6 FD6
CIVIC
CIVIC
CIVIC
FD5
FD5
CHERRY STREET
STREETCHURCHCOLLEGE STREET
STREETPINEPEARL STREET
PINE STREETSAINT PAUL STBANK STREET
SAINTPAULMAIN STREETSOUTH
STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE
SHERMAN STREETPARK
NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET
PERU STREET
JOHNSON STGEORGESTREETELMWOODHICKOCK
NORTHCLARKESTREETGRANT STREET
LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENU
E
SOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE
BUELL
BRADLEY
KING STREET
STREET
MAPLE
ADAMS
STREET
ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER
SPRUCE
UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE
S
A
I
NT
PINE PLACE AVENUEHASWE
L
L
Lake Champlain
Battery
Park
Waterfront
Park
MARKETPLACEFD5
Legend
4
Form-Based Districts
FD6 - Downtown Core
FD5 - Downtown Center
CIVIC - Civic Spaces
Draft 10-Jul-2017
Map 1 - Regulating Plan
Add to FD5 District
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
ARTICLEARTICLERegulating Plan14ARTICLE
14| 16
14.2
Art. 14 - planBTV Downtown Code - 11/13/17
Map 2 - Specific Height Areas
CIVIC
CIVIC
FD5 FD5
FD5
FD5
FD5
FD6
FD6
FD6 FD6
CIVIC
CIVIC
CIVIC
FD5
FD5
CHERRY STREET
STREETCHURCHCOLLEGE STREET
STREETPINEPEARL STREET
PINE STREETSAINT PAUL STBANK STREET
SAINTPAULMAIN STREETSOUTH
STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE
SHERMAN STREETPARK
NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET
PERU STREET
JOHNSON STGEORGESTREETELMWOODHICKOCK
NORTHCLARKESTREETGRANT STREET
LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENUE
SOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE
BUELL
BRADLEY
KING STREET
STREET
MAPLE
ADAMS
STREET
ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER
SPRUCE
UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE
SA
IN
T
PINE PLACE AVENUEHASW
E
L
L
Lake Champlain
Battery
Park
Waterfront
Park
MARKETPLACEFD5
G A B
B
B
B
E E E E E
E
E
D
E
ECCCCC
B
B
B
B
E
E
E
E
E E
F
F
F
Legend
4
Form-Based Districts
FD6 - Downtown Core
FD5 - Downtown Center
CIVIC - Civic Spaces
Specific Height Limits Apply
Draft 10-Jul-2017
Add to Height Area (E)
DRAFT Map 2, Article 14
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019
Add to Height Area (F)
Add to FD5 but not to a
special height area
14ARTICLEARTICLEARTICLEARTICLERegulating Plan 14ARTICLE
14|17
14.2
Art. 14 - planBTV Downtown Code - 11/13/17
CIVIC
CIVIC
FD5 FD5
FD5
FD5
FD5
FD6
FD6
FD6 FD6
CIVIC
CIVIC
CIVIC
FD5
FD5
CHERRY STREET
STREETCHURCHCOLLEGE STREET
STREETPINEPEARL STREET
PINE STREETSAINT PAUL STBANK STREET
SAINTPAULMAIN STREETSOUTH
STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE
SHERMAN STREETPARK
NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET
PERU STREET
JOHNSON STGEORGESTREETELMWOODHICKOCK
NORTHCLARKESTREETGRANT STREET
LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENUESOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE
BUELL
BRADLEY
KING STREET
STREET
MAPLE
ADAMS
STREET
ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER
SPRUCE
UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE
S
A
I
N
T
PINE PLACE AVENUEHASW
E
L
L
Lake Champlain
Battery
Park
Waterfront
Park
MARKETPLACEFD5
4
Legend
Draft 22-Jun-2017
Shopfront Frontage Type Required
Form-Based Districts
FD6 - Downtown Core
FD5 - Downtown Center
CIVIC - Civic Spaces
Map 3 - Shopfronts Required
Add to Shopfront Req.
Add to FD5 but no shop-
front requirement
DRAFT Map 3, Article 14
Proposed ZA-20-01 (formerly
ZA-18-08) Updated July 2019