HomeMy WebLinkAboutAgenda - Planning Commission - 12/10/2019South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, December 10, 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: (7:10 pm)
a. LDR-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to include all lands
that underline the Transit Overlay District, all lands within the City Center Form Based Code District, and
all lands in the vicinity of Hinesburg Road and Old Farm Road that are north of I-89 and are outside the
Transit Overlay District.
b. LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce applicable area to
only those areas not subject to proposed Inclusionary Zoning standards [LDR-19-13A], and; (2) adjust
requirements for income eligibility and continued affordability for all remaining parts of the City.
6. Review public input on draft amendments, including requested feedback from Affordable Housing
Committee; consider any possible policy changes and possible special meeting to review and ratify
modified amendments post-public hearing (7:28 pm)
7. Presentation of Open Space Interim Zoning Committee Recommendations, Allan Strong, Chair (7:40 pm)
8. Meeting Minutes (8:55 pm)
9. Other Business (8:58 pm)
a. Shelburne Planning Commission Public Hearing on proposed amendments to Subdivision
Regulations, Thursday, January 9, 2020, 7:00 pm, 5420 Shelburne Road
b. Burlington Planning Commission Public Hearing on proposed amendments to Comprehensive
Development Ordinance, Tuesday, December 10, 2019, 6:45 pm*
10. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
*note: South Burlington Planning Commissioners were provided a copy in advance of the preparation of this agenda and offered the
opportunity to hold a special meeting if any member felt that the Commission should provide input to the Burlington Planning Commission
at or prior to their hearing. Comments may also be provided at the Burlington City Council stage of review.
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: December 10, 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)
Indoor Recreation Facility Scoping Presentation 12/3. This past week the City Council received a
presentation from the design team charged with working on conceptual designs & initial cost
estimation for an indoor recreation facility at Veterans Memorial Park. The presentation & discussion
can be found here:
Legislative Climate Solutions Forum at Tuttle 12/09. South Burlington’s Four State Representatives
and leadership from the VT Legislature's Climate Solutions Caucus will be meeting and discuss
priorities and banner bills in the works for the 2020 legislative session. Ask questions, share ideas, and
learn more about how we're working to create a sustainable future for all Vermonters. Bring friends
and family to the Tuttle Middle School at Monday Dec. 9 at 6:30pm. Cosponsored by the SB Energy
Committee.
White Street Bike Lanes public meeting 12/11. The Bicycle & Pedestrian Committee will be hosting a
presentation and input session on a proposal to install bicycle lanes along White Street. This would
necessitate prohibiting on-street parking along this stretch. The meeting is at 5:30 at City Hall
5. Public hearing on proposed Land Development Regulation amendments: (7:10 pm)
a. LDR-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to
include all lands that underline the Transit Overlay District, all lands within the City Center Form
Based Code District, and all lands in the vicinity of Hinesburg Road and Old Farm Road that are
north of I-89 and are outside the Transit Overlay District.
b. LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce
applicable area to only those areas not subject to proposed Inclusionary Zoning standards [LDR-
19-13A], and; (2) adjust requirements for income eligibility and continued affordability for all
remaining parts of the City.
On November 10th, the Planning Commission warned a public hearing on the proposed amendments
to the Land Development Regulations described above. The Commission is invited to hold the public
hearing and may elect to close the public hearing after receipt of input.
As part of the action to warn the hearing, the Commission requested that the Affordable Housing
Committee invite housing developers who regularly operate in South Burlington to meet with them.
An invitation was sent out to 10-12 developers, with request for them to share with their
counterparts. Four individuals representing two companies, SD Ireland Companies and O’Brien
Brothers Agency, attended the Committee’s forum and provided oral and written feedback. The
Committee subsequently held two work sessions to review and consider possible changes to the
draft Inclusionary Zoning regulations warned for public hearing. The Committee voted to approve
their recommendations on Tuesday, December 4th.
The Committee’s recommendations are summarized in a memo, included in this packet.
Due to the timelines, the Legal review of the proposed amendments were not able to be completed
in time for this packet. Instead, in coordination with Jessica and leadership of the Affordable
Housing Committee, staff presents the following recommendations at this meeting:
• Affordable Housing Committee provides a memo detailing the substance of the
amendments
• The Planning Commission is asked to provide direction Tuesday on the policy changes
recommended by the Committee as detailed in its memo, as well as to any policy-level
public comments provided at the meeting (none have been received by staff as of the
writing of this memo)
• Using the Commission’s direction, staff will complete the legal review prepare a clean
version of the Land Development to the Commission in the days following Tuesday’s public
hearing.
• The Commission’s next regular meeting is January 14th, 2020. If Commissioners are satisfied
with the input received on the draft amendments, you have the option to hold a short
special meeting the following week to formally approve the draft LDR language if you feel
it’s down to a short discussion.
• (Alternatively, if the Commission wants to see significant changes or otherwise has
concerns, then the Commission could discuss the amendments at their next regular
meeting, January 14th).
6. Review public input on draft amendments, including requested feedback from Affordable Housing
Committee; consider any possible policy changes and possible special meeting to review and ratify
modified amendments post-public hearing (7:28 pm)
See notes above.
7. Presentation of Open Space Interim Zoning Committee Recommendations, Allan Strong, Chair (7:40
pm)
Allan Strong will be presenting the findings from the Open Space Interim Zoning Committee on
Tuesday, including recommended priority areas. In addition, there will be opportunity for feedback
and dialogue regarding the Final Report, which is expected to be prepared over the coming weeks.
Due to scheduling for the volunteers, we were not able to put the presentation into the packet. If any
materials are provided in advance of the meeting, we will forward them and add them to the online
version of the packet.
8. Meeting Minutes (8:55 pm)
Meeting Minutes from the November 12th meeting are included in your packet
9. Other Business (8:58 pm)
a. Shelburne Planning Commission Public Hearing on proposed amendments to Subdivision
Regulations, Thursday, January 9, 2020, 7:00 pm, 5420 Shelburne Road
b. Burlington Planning Commission Public Hearing on proposed amendments to Comprehensive
Development Ordinance, Tuesday, December 10, 2019, 6:45 pm*
*note: South Burlington Planning Commissioners were provided a copy in advance of the preparation of this agenda and
offered the opportunity to hold a special meeting if any member felt that the Commission should provide input to the
Burlington Planning Commission at or prior to their hearing. Comments may also be provided at the Burlington City Council
stage of review.
10. Adjourn (9:00 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: City of Burlington Planning Commission Chair
Town of Shelburne Planning Commission Chair
Town of Colchester Planning Commission Chair
Town of Williston Planning Commission Chair
City of Winooski Planning Commission Chair
Town of Essex Planning Commission Chair
Village of Essex Junction Planning Commission Chair
Charlie Baker, Chittenden County Regional Planning Commission
Faith Ingulsrud, VT Department of Housing and Community Development
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Proposed Land Development Regulation Amendments
DATE: October 24, 2019
Enclosed please find a series of proposed amendments to the City of South Burlington’s Land
Development Regulations, as well as a report from the Planning Commission, as required under
Chapter 117. The Planning Commission will hold a public hearing on these amendments on
Tuesday, December 10, 2019, 7:00 pm in the City Hall Conference Room, 575 Dorset Street,
South Burlington.
Feedback on the draft amendments is welcome, either in person at the hearing, or in writing in
advance of the hearing date. Should you have any questions, feel free contact the Department
of Planning & Zoning.
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, December 10, 2019 at 7:00 pm
PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on Tuesday,
December 10, 2019 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 as described below.
The purpose of the hearing is to consider the following:
A. LDR-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to include
all lands that underline the Transit Overlay District, all lands within the City Center Form Based
Code District, and all lands in the vicinity of Hinesburg Road and Old Farm Road that are north of I-
89 and are outside the Transit Overlay District.
B. LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce applicable
area to only those areas not subject to proposed Inclusionary Zoning standards [LDR-19-13A], and;
(2) adjust requirements for income eligibility and continued affordability for all remaining parts of
the City.
Specific Sections to be Amended
2.02 Specific Definitions
15.02 Authority and Required Review [Subdivision & Planned Unit Development]
17.03 Certificates of Occupancy
18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus
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, except holidays,
and on the City’s website at www.sbvt.gov.
Jessica Louisos, Planning Commission Chair
October 24, 2019
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 1
LDR-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to include
all lands that underline the Transit Overlay District, all lands within the City Center Form Based
Code District, and all lands in the vicinity of Hinesburg Road and Old Farm Road that are north of
I-89 and are outside the Transit Overlay District.
LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce applicable
area to only those areas not subject to proposed Inclusionary Zoning standards [LDR-19-13A], and;
(2) adjust requirements for income eligibility and continued affordability for all remaining parts of
the City.
ARTICLE 2 DEFINITIONS
…
2.02 Specific Definitions
…
Affordable housing. this shall mean either of the following:
(A) Housing that is owned by its inhabitants, whose gross annual household income does not exceed
eighty one-hundred percent (80100%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban
Development, and the total annual cost of the housing, including principal, interest, taxes and insurance,
is not more than thirty percent (30%) of the household’s gross annual income; or
(B) Housing that is rented by its inhabitants whose gross annual household income does not exceed
eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical
Area (MSA), as defined by the United States Department of Housing and Urban Development, and the
total annual cost of the housing, including rent, utilities, and condominium association fees, is not more
than thirty percent (30%) of the household’s gross annual income
This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant
to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning).
Affordable housing development. A housing development of which at least fifty percent (50%) of the units
are affordable to households at 80% AMI for rentals and homeownershiphousing units. This definition,
however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section
4414(7), and Section 18.01 of this ordinance.
…
Household Size. The household size for an applicant seeking to rent or purchase an Inclusionary Unit is the
total number of individuals (adults and children) that will live in the Inclusionary Unit, regardless of each
individual household member’s relationship, if any, to other members of the household. Note, however, that
South Burlington’s land development regulations prohibit five or more individuals age 18 or older from
occupying a single dwelling unit when none of the five or more individuals is related to any other individual
living in the dwelling unit.
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 2
Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit
is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions)
or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household
member.
…
Inclusionary Housing. A designated percentage, as defined in Section 18.01, of dwelling units included in a
development of 12 or more dwelling units that, as required:
(1) have a sales or rental price at or below that corresponding to the Area Median Income level (AMI),
80% for ownership or 80% for rental (as defined by the US Department of Housing and Urban
Development), to which the inclusionary unit is targeted as required by these regulations; and
(2) are occupied by households whose household income, at initial occupancy, do not exceed 100%
AMI for homeownership and 80% AMI for rental for a household of its size; and
(3) have a sales or rental price that shall remain perpetually affordable at the 80% AMI level.
Inclusionary home ownership. A dwelling unit that is owned by its inhabitants:
(1) whose sales price does not exceed the maximum price calculated based on a HUD formula using
unit size (i.e. number of bedrooms) to define a unit-specific household size, for a household income of
80% of the Area Median Income (AMI) for the Burlington-South Burlington Metropolitan Statistical Area
(MSA) (as defined by the US Department of Housing and Urban Development); and
(2) which is owned by a household, whose household income, upon purchase, does not exceed the
100% AMI for a household of its size; and
(3) whose purchase price shall remain perpetually affordable at the 80% AMI level;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the purchasing household do not have to be the same.
Inclusionary rental housing. A dwelling unit that is rented by its inhabitants:
(1) whose rent does not exceed the maximum price calculated based on a HUD formula using unit
size (i.e. number of bedrooms) to define a unit-specific household size, for a household income of 80% of
the Area Median Income (AMI) for the Burlington-South Burlington Metropolitan Statistical Area (MSA)
(as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is
targeted; and
(2) which is rented by a household whose household income, at initial occupancy, does not exceed
the 80% AMI target for a household of its size; and
(3) whose rent shall remain perpetually affordable at the 80% AMI level;
Note the unit-specific household size based on the number of bedrooms and the actual household size of
the renting household do not have to be the same.
Inclusionary Unit. A dwelling unit that meets the requirements of dwelling units defined under Inclusionary
Housing.
…
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 3
…
ARTICLE 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW
…
15.02 Authority and Required Review
A. Authority
…
(6) The modification of the maximum residential density for a zoning district shall be permitted only
as provided in the applicable district regulations and/or for the provision of affordable housing
pursuant to Section 18.01 and 18.02 13.14 of these Regulations.
ARTICLE 17 ADMINISTRATION and ENFORCEMENT
…
17.03 Certificates of Occupancy
A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy
of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or
enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative
Officer.
B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single-
family or two-family dwellings, except as specifically listed below:
(1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain
Overlay (Zones A, AE, and A1-30) Subdistrict.
(2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the
applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and Locations). Buildings
containing the last 10% of market rate units shall not receive certificates of occupancy until certificates of
occupancy are issued for all buildings containing inclusionary units, including when the inclusionary units
are provided off-site as provided for in Subsection (E)(1)(b) (Off-Site Construction)City Center FBC District.
(3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section
18.03(C)(1) of these Regulations.
(4) Certificates of Occupancy are required for replacement dwelling units built in accordance with
Section 18.03 of these Regulations.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
18.01 Inclusionary Zoning
A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable
locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article the City
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 4
Center Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA §
4414(7) for the following purposes:
(1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the
preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent
with the South Burlington Comprehensive Plan, as most recently amended;
(2) To implement policies that support achievement of housing goals, objectives, and targets included
in the South Burlington Comprehensive Plan as most recently amended;
(23) To affirmatively address the current and anticipated need for affordable housing units among low-
and moderate-income South Burlington households that pay more than 30% of their income on housing,
as described in state law (24 VSA § 4303(1));
(34) To mitigate the impacts of market-rate housing development that is unaffordable to low- and
moderate-income households on the cost and supply of land and infrastructure available for affordable
housing development in the City Center Form Based Codes Districtapplicable locations;
(45) To promote the integrated development of mixed-income housing in the applicable locationsCity
Center Form Based Codes District, including a range of housing options needed to strengthen, diversify,
and contribute to the vitality of City Center and the South Burlington community;
(56) To ensure thatpromote the development of affordable housing opportunities that are available in
the City Center Form Based Codes District, which is or will belocations accessible to goods and services
and served by existing or planned public transit services;
(67) To ensure that affordable housing units developed under inclusionary zoning remain perpetually
affordable.
(78) To provide integrated development incentives that contribute to the economic feasibility of
providing affordable housing units, including eliminating maximum residential densities, minimum lot
sizes, and minimum parking requirements for residential units within the City Center Form Based Codes
District.
B. Applicability
(1) Zoning Districts and Locations. Inclusionary Zoning shall apply in the following areas:
(a) All zoning districts that permit residential development and underlie the Transit Overlay
District;
(b) The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay
District; and
(c) The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District
and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the
northerly direction.
(2) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section
shall apply in the locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of
this Article within the City Center Form Based Codes District to any development, notwithstanding any
phasing of the development, that will result in the creation of twelve (12) or more total dwelling units
through subdivision, new construction, or the conversion of an existing structure or structures from non-
residential to residential use. In addition, the provisions of this section shall apply to any development
that will result in the creation of twelve (12) or more of any other form of permanent housing, including
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 5
but not limited to housing units contained within a housing facility that is permitted as a congregate care
facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these
regulations. When a development includes both residential dwelling units and housing units permitted as
congregate housing, the number of required inclusionary units shall be determined by the sum of the
residential units and the housing units contained in the congregate care facility, and distributed
proportionally between the two uses. For purposes of this requirement, two or more developments shall
be aggregated and considered as one development subject to this section if:
(a) The developments are located on abutting properties; and
(b) The developments are owned or controlled by the same person; and
(c) Either:
(i) The developments will undergo subdivision, construction, or conversion of an existing
structure or structures from non-residential to residential use within the same five-year period,
which period shall be measured from the date a proper and complete application is first
submitted, or
(ii) A master plan exists, as approved by the City, which includes two or more of the
developments.
(23) Exemptions. The following developments are exempt from these requirements:
(a) Projects that are developed by an educational institution for the exclusive residential use and
occupancy of its students.
(b) Institutional, group homes or group quarters housing, including long-term care facilities.
(c) The redevelopment of existing dwelling units in a project that produces no additional units.
C. Inclusionary Units
(1) For covered development, at least five fifteen percent (15%) of the total dwelling units offered
for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative
ownership, shall be affordable to households; or at least ten percent (10%) of the total dwelling units
offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative
ownership, shall be affordable to households. While there is no requirement for inclusionary units to be
offered as either rent or sale, prior to or upon request for the Certificate of Occupancy the applicant shall
provide whether the inclusionary units will be used for rental or for purchase so that the City, or their
designee, may confirm that the offered rents or prices meet these requirements prior to issuance of the
Certificate of Occupancy. The rents or price shall be affordable to the income limits having incomes as
follows:no greater than 80% of the area median income (AMI) adjusted for household size. An additional
five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater
than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling
units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for
household size.
(a) For inclusionary units offered as rental, the inclusionary units must be affordable to
households having incomes at or below 80% AMI as defined in Section 18.01(D)(2).
(b) For inclusionary units offered as home-ownership, the inclusionary units must be affordable
to households having incomes at or below 100% AMI as defined in Section 18.01(D)(2).
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 6
(c) Where the application of this formula results in a fractional dwelling unit, that fractional
dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but
less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00
are rounded up).
(b) When the developer proposes to build at least 12 but fewer than 17 housing units, the
requirement will be to include two (2) affordable dwelling units one of which shall be affordable to
households whose incomes are no greater than 80% of AMI adjusted for household size and the other
shall be affordable to households whose income is no greater than 100% of AMI adjusted for
household size.
(c) When the developer is required to build a number of affordable dwelling units where the
number of affordable dwelling units calculated by multiplying the total number of units by 15% is not
evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level
adjusted for household size and, where applicable, the second “remaining” dwelling unit must be
affordable at 100% AMI level adjusted for household size.
Example: The developer is required to build 13 affordable dwelling units. Four dwelling units
must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be
affordable at the 100% of AMI adjusted for household size; four dwelling units must be
affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit
must be affordable at the 80% AMI adjusted for household size.
(2) Inclusionary units required under this section shall be:
(a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-
Site Construction) of this Article, and integrated among market rate units in the development.
(b) Similar in architectural style and outward appearance to market rate units in the proposed
development.
(i) Inclusionary units shall be constructed with the same exterior materials and architectural
design details used in market rate construction. Similar exterior amenities and landscaping shall
also be provided. However, the exterior dimensions of the inclusionary units may differ from those
of the market rate units.
(ii) Inclusionary units shall be no less energy efficient than market rate units;
(iii) inclusionary units may differ from market rate units with regard both to interior amenities
and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall
not be less than 70% of the average (mean) gross floor area of market rate units.
(iv) Inclusionary units developed as part of a housing development that includes market rate
duplexes, triplexes, four-plexes or other multi-family dwellings may be of varied types.
Inclusionary units developed as part of a single-family housing development may be
accommodated in duplexes or multi-family dwellings that resemble the market rate single-family
dwellings, as allowed within the City Center Form Based Codes District.
(v) The number of bedrooms in inclusionary units shall be the same as the number of
bedrooms in the market rate units, on a proportional basis. An alternative to precise
proportionality is for the average number of bedrooms in the Inclusionary Units to be no less than
the average number of bedrooms in the Market Units.
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 7
(c) Constructed and made available for occupancy concurrently with market rate units unless the
Administrative Officer or Development Review Board, based on documentation from a financial
institution denying financing, or physical site constraints, approves a plan allowing non-concurrent
construction of the affordable units. Buildings containing the last 10% of market rate units shall not
receive certificates of occupancy until certificates of occupancy are issued for all buildings containing
inclusionary units, including when the inclusionary units are provided off-site as provided for in
Subsection (E)(1)(b) (Off-Site Construction) of this Article.
D. Affordability Requirements. The bases for determining maximum rental and purchase prices for
inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under
this section are described below. The data used to determine the incomes, rents and purchase prices are
updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data
is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency,
in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”.
Refer to this table in administration of this section.
(1) Affordability Determinations. Inclusionary units required under this section shall be affordable
and marketed to income-eligible eligible households as follows
(a) Maximum rent and purchase prices.
(a) For rentals, the maximum monthly rent for an inclusionary unit is one-twelfth of 30% of the
targeted Area Median Income (80%) corresponding to the size of the specific unit (measured
in number of bedrooms). This is the maximum monthly amount that may be charged for rent
that includes all of the rental housing costs, as defined herein. When any component of the
rental housing costs is excluded, the maximum rent allowed is reduced accordingly.
(b) For homeownership, the maximum monthly homeownership cost for an inclusionary Unit is
one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of
the specific unit (measured in number of bedrooms). This is the maximum monthly housing
cost total for sales units, as defined herein.
(a)(c) Maximum rent and purchase price calculation. Maximum Rents and Purchase Prices for
Inclusionary Units are calculated based on three components: housing costs, area median
income targets, and the number of bedrooms in the inclusionary unit. Housing costs for
inclusionary units shall not exceed 30% of annual household income, adjusted for household
size.
i. (i) Housing costs used to calculate the affordability of inclusionary units shall
include:
(a) For rental units – rent (inclusive of any condominium or homeowners’ association
fees) and utilities (water, electricity and heating costs).
(b) (ii) For sale units – mortgage principal and interest, annual property taxes,
average annual homeowner’s insurance premiums, and average annual mortgage
insurance premiums, and 50% of annual condominium or homeowners’
association fees.
i. (b) Income eligibility shall be determined based on income guidelines, as
adjusted for household size, published annually by the U.S. Department of
Housing and Urban Development (HUD) for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), or on program-based income eligibility
requirements established by a partnering housing organization. The AMI
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 8
shall be determined using the most recent income guidelines available at the
time a unit is available for occupancy.
ii. Area Median Incomes (AMI) Targets. The U.S. Department of Housing and Urban
Development (HUD) estimates the Area Median Income for households residing in the
Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in addition, for
households of varying sizes residing in the MSA. HUD also calculates AMI ratios, including 80%
AMI, for households of varying sizes in the MSA. HUD publishes this AMI-based annual
household income information annually. Maximum rents and sales prices shall be determined
using the most recent HUD-published income guidelines available at the time the unit is
available for occupancy.
iii. Number of bedrooms. Rental and purchase prices of inclusionary units are not linked
to the size of the household that rents or purchases the inclusionary unit. Number of
bedrooms is used to define a household size linked to the specific unit. The use of “number of
bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual
maximum rent and purchase price tables entitled “Maximum rent and purchase price
affordability thresholds by income and household size”.
Table 18-1 HUD Formula for Determining
Maximum Rents and Purchase Prices
Unit Size Household Size
Equivalent1
Efficiency/Studio 1
One-Bedroom Unit 1.5
Two-Bedroom Unit 3
Three-Bedroom Unit 4.5
Four-Bedroom Unit 6
(d) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an
available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending
institutions offering mortgages in South Burlington, or a lower Vermont Housing Finance Agency
1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding
to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the housing unit. The
result is that the maximum rent or sales price for a particular affordable unit is the same for all eligible households
seeking to rent or purchase that affordable housing unit.
For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of
the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used
to determine the maximum rent or sales price of a particular inclusionary housing unit.
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 9
(VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all
required inclusionary units. The calculated price shall assume a down payment of no more than 5% of
the purchase price.
(2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is
determined based on three components: Household Size, Household Income and Annual Median
Income (AMI) targets for Inclusionary Units. Household Size and Household Income are included
in Article 2 DEFINITIONS. The AMI amounts for applicants seeking to rent or purchase an
Inclusionary Unit shall be determined using the most recent HUD-published income guidelines
available at the time the unit is available for occupancy.
(a) For renters, households regardless of household size, are eligible for inclusionary units so long
as their combined household income does not exceed 80% AMI.
(a)(b) For home-buyers, households regardless of household size, are eligible for
inclusionary units so long as their combined household income does not exceed 100% AMI.
(3) Flexibility between maximum rent and purchase prices and eligible renter or purchaser households.
(a) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose rent or
purchase price is linked to a household size (derived from number of bedrooms) that is not the same
as the Eligible Household’s size.
Examples:
● a two-person household may purchase a three-bedroom house or condominium.
● a three-person household may rent a one-bedroom apartment.
(b) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose AMI target
is higher than the Eligible Household’s AMI percentage.
Examples:
● a three-person household whose income is 70% of AMI (for its household size) may rent an
apartment whose rent is targeted to 80% of AMI.
● a two-person household whose income is 90% of AMI (for its household size) may purchase a
condominium or house whose price is targeted to 80% of AMI.
(c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose housing
costs exceed 30% of the Eligible Household’s income.
(4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered
development, eligibility may be determined in accordance with program-based eligibility requirements
established by the partner housing organization.
(25) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity
commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 10
through purchase by or a contractual agreement with a local, state or federal housing authority or
nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to
recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument
or agreement ensuring the continued affordability of inclusionary units shall include:
(a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include
a covenant that limits the resale price to whatever is the higher of what the seller bought it for, or
what is affordable to a household at 80% AMI at the time of resale, or a covenant provided by a non-
profit affordable housing agency that is approved by the City. formula for limiting equity appreciation
to an amount not to exceed 25% of the increase in the unit’s value, as determined by the difference
between fair market appraisals of the unit at the time of purchase and the time of resale, with
adjustments for improvements made by the seller and the necessary costs of sale, as may be approved
by the City Manager. ; In addition, the City shall have the option to purchase or transfer its option to
purchase owned inclusionary units at each future time of resale.
(i) The seller or his/her representative shall notify the City Manager or his/her designee of the
prospective sale of an owned inclusionary unit;
(ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund, shall then have an exclusive option for thirty (30) days to purchase the owned inclusionary
unit from the seller at a price consistent with the requirements of this subsection unless waived
or transferred;
(iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement
for purchase of the owned inclusionary unit, or declaring an intent not to exercise such option,
the seller shall offer the owned inclusionary unit for purchase to income-eligible households in
accordance with the requirements of subsection 18.01(D) (Affordability Requirements).
(iv) On or before a purchase and sale agreement is executed between the seller and the City
Manager or his/her designee, s/he may assign the City’s option specified in this subsection to
purchase the owned inclusionary unit to a 501(c)(3) organization whose primary purpose is the
development of affordable housing. Upon the decision to exercise this transfer option, the City
Manager or his/her designee shall notify the seller of such assignment and the organization to
which the City has assigned the option, which organization shall deal directly with the seller and
shall have all of the authority of the City Manager, as provided under this subsection.
(b) Rent IncreasesChanges. Provisions to ensure the affordability of rental units shall require that
limit annual rent changes not exceedincreases to the percentage increase change in the median
household income within the Burlington-South Burlington MSA, when the change is an increase; and
that annual rent changes match the percentage change in the median household income within the
Burlington-South Burlington MSA, when the change is a decrease. An exception to the limit on
increases or required decreases is permitted to the extent that further increases or delayed decreases
are made necessary by documented hardship or other unusual conditions. , and shall provide that no
rent increase Such exceptions may not take effect until it has received the written approval of
approved in writing by the City Manager;
(c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units
at rental rates that exceed affordability limits established pursuant to this section.
(36) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units
shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 11
units and the household move-in incomes of unit tenants, and certifies that unit affordability has been
maintained as required.
E. Developer Options
(1) Options (a) and (b) below are available to developers, upon request, as necessary to address
documented financial hardships based on documentation from a financial institution denying financing or
physical site constraints that limit or preclude the incorporation of inclusionary units within a covered
development. Options (c) and (d) are available to the developer at his or her discretion. A payment or
contribution in lieu of constructing required inclusionary units shall be prohibited.
(a) Dedication. The South Burlington City Council, in consultation with the entity designated by
the City Council (for example, a permanent South Burlington Affordable Housing Committee or South
Burlington Affordable Housing Board), may accept as an alternative to the development of
inclusionary units, a dedication by the developer of equal or greater value, including land and expected
inclusionary unit value, that furthers the purposes of this section. An example might be the donation
of developable land in the City Center Form Based Codes District that provides accessibility to transit,
employment opportunities, and services.
(b) Off-Site Construction. The developer of a covered development may comply with the
requirements of this section by constructing, within two years of receiving a permit for the covered
development, the required number of inclusionary units on another site within the same contiguous
boundary of the zoning district in which the covered development is locatedCity Center Form Based
Codes District, or contracting with another entity to construct the required number of units within the
same contiguous boundary of the zoning district in which the covered development is located. This
condition shall not be considered satisfied until certificates of occupancy have been issued for all off-
site inclusionary unitsin the City Center Form Based Codes District. Off-site means outside the
boundaries of the Planned Unit Development, Subdivision or Site Plan of the covered development.
(c) A developer who constructs inclusionary units having three bedrooms shall receive credit for
three inclusionary units for every two three-bedroom inclusionary units constructed.
(d) A developer who constructs inclusionary units having four bedrooms shall receive credit for
four inclusionary units for every two four-bedroom inclusionary units constructed.
F. Offset for Fulfillment of Inclusionary Unit Requirements
(1) Residential Unit Offset. To offset an applicant’s fulfillment of this Section’s inclusionary unit
requirement is an allotment of one additional dwelling unit for each required rental inclusionary unit
that is constructed; or an allotment of two additional dwelling units for each required inclusionary
homeownership unit that is constructed. This offset shall not be provided for any required unit for
which the developer receives approval for the Dedication as described in 18.01 E.(1)(a) herein.
(a) Offset residential units are not subject to the inclusionary affordability requirements.
(b) The offset described above shall be approved as long as the total housing units in the specific
covered development do not result in non-compliance with Section 15.02(A)(4).
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 12
Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer
is required to build two (2) inclusionary units The developer shall receive an offset of four (4) market
rate dwelling units, and the project now includes a total of 28 dwelling units.
Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the
developer is required to build five (5) inclusionary units. The developer shall receive an offset of five
(5) market rate dwelling units, and the project now includes a total of 41 dwelling units.
G. Density Bonuses for Exceeding Inclusionary Housing Requirements
(1) Applicability. This subsection applies in zoning districts or portions thereof as defined in
Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential
development is permitted. However, density is not a dimensional requirement in the City Center Form
Based Code districts, therefore this section is not relevant in those districts.
(2) Density Bonuses. When an applicant voluntarily includes, in the base zoning density unit-maximum
for the development, more than the number of inclusionary units required under Section 18.01.C.1,
upon the applicant’s request, the development shall, in addition to the offset units, receive a density
bonus. The density bonus shall be one dwelling unit for each voluntary inclusionary rental unit and
two dwelling units for each voluntarily inclusionary homeownership unit, up to a maximum density no
greater than 50% more than the base density. Density bonus dwelling units are not subject to the
inclusionary affordability requirements.
Example (1): In a 24-unit owner housing development on a six-acre plot in a R4 district, the developer
is required to build two (2) inclusionary units. The developer shall receive an offset of four (4) market
rate dwelling units, and the project now includes a total of 28 dwelling units. In order to receive
approval for the maximum 50% density increase (which equates to a maximum of 8 additional units in
this example since the offset units need to be accounted for), the developer includes an additional four
(4) inclusionary units in the base zoning density unit-maximum (24) for which the developer receives
12 bonus density units. In sum, the total project includes 36 units, 6 of which are inclusionary (17% of
the units) and 30 of which are market rate (83% of the units).
Example (2): In a 36-unit rental housing development on a three-acre plot in a R12 district, the
developer is required to build five (5) inclusionary units. The developer shall receive an offset of five
(5) market rate dwelling units, and the project now includes a total of 41 dwelling units. In order to
receive approval for the maximum 50% density increase (which equates to a maximum of 13 additional
units in this example since the offset units need to be accounted for), the developer includes an
additional thirteen (13) inclusionary units in the base zoning density unit-maximum (36) for which the
developer receives 13 bonus density units. In sum, the total project includes 54 units, 18 of which are
inclusionary (33% of the units) and 36 of which are market rate (67% of the units).
Example (3): In a 40-unit owner housing development on a ten-acre plot in a R4 district, the developer
is required to build four (4) inclusionary units. The developer shall receive an offset of eight (8) market
rate dwelling units, and the project now includes a total of 48 dwelling units. In order to receive
approval for the maximum 50% density increase (which equates to a maximum of 12 additional units
in this example since the offset units need to be accounted for), the developer includes an additional
six (6) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 13
12 bonus density units. In sum, the total project includes 60 units, 10 of which are inclusionary (17%
of the units) and 50 of which are market rate (83% of the units).
Example (4): In a 40-unit rental housing development on a 10-acre plot in a R4 district, the developer
is required to build six (6) inclusionary units. The developer shall receive an offset of six (6) market rate
dwelling units, and the project now includes a total of 46 dwelling units. In order to receive approval
for the maximum 50% density increase (which equates to a maximum of 14 additional units in this
example since the offset units need to be accounted for), the developer includes an additional fourteen
(14) inclusionary units in the base zoning density unit-maximum (40) for which the developer receives
14 bonus density units. In sum, the total project includes 60 units, 20 of which are inclusionary (33%
of the units) and 40 of which are market rate (67% of the units).
H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units
(1) Applicability. This subsection applies in zoning districts or portions thereof as defined in
Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential
development is permitted. However, density is not a dimensional requirement in the City Center Form
Based Code districts, therefore this section is not relevant in those districts.
(2) Density Bonus. For applications that include at least three (3) but fewer than twelve (12)
dwelling units (calculated using the base zoning density unit-maximum for the development), where
the developer has opted to construct one or more units that qualify as inclusionary priced at or below
the 80% of AMI level, such approval shall, upon request of the applicant, include a density bonus over
the base zoning density. The density bonus shall be one dwelling unit for each inclusionary rental unit
and two dwelling units for each inclusionary homeownership unit included voluntarily up to a
maximum density of no greater than 50% more than the base density. These bonuses apply to both
rental and home-ownership developments with fewer than 12 units in which the developer voluntarily
provides inclusionary units eligible to households at or below 80% AMI for rentals and 100% AMI for
homeownership. The density bonus units are not subject to the inclusionary affordability
requirements.
I. Parking Requirements. The number of parking spaces required for each inclusionary unit shall be no greater
than one space per unit.
FJ. Administration and Compliance
(1) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications under this section shall include the following information:
(a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary
units in relation to market rate units;
(b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit set aside calculations;
(c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs,
and other data necessary to determine unit affordability;
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 14
(d) A list of proposed options, if any, to be incorporated in the plan, as provided for under
Subsection (E) (Developer Options) of this Article;
(e) Documentation regarding household income eligibility;
(f) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
(g) Draft legal documents required under this section to ensure continued affordability;
(h) Construction timeline for both inclusionary and market rate units; and
(i) Other information as requested by the Administrative Officer to determine project compliance
with inclusionary zoning requirements.
(2) Application Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in
writing, whether a development application is in compliance with the inclusionary zoning requirements
specified in Subsection (FJ)(1) (Application Requirements) of this Article. In cases in which the AO
determines the application is not in compliance, he or she shall specify the areas of non-compliance.
(3) Application Review and Decision-Making. Depending on the approval authority of the base
application either the Development Review Board or Administrative Officer shall review and approve,
approve with conditions, or deny applications for developments subject to the inclusionary requirements
of Section 18.01 that are located in the applicable locations defined in Subsection (B)(1) (Applicability -
Zoning Districts and Locations) of this Article.
(4) Ongoing Compliance. The City of South Burlington Housing Authority, if any; another municipal
entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council,
shall be responsible for the on-going administration of the inclusionary units as well as for the
promulgation of such rules, regulations, and/or procedures as may be necessary to implement this
program. The Housing Authority, other municipal entity, or non-profit organization shall define and
implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales
procedures.
(53) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting
the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall:
(a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and
other information necessary to meet the requirements of this section;
(b) Monitor and maintain records regarding the status of inclusionary units developed under this
Section 18.01; and
(c) Prepare an annual written report for distribution to the South Burlington City Council and
Planning Commission and posting on the City’s website, to be considered in a public meeting, that
summarizes the status of covered projects and inclusionary units approved to date, and sets forth
program findings, conclusions, and recommendations for any changes that will increase the
effectiveness of inclusionary zoning.
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 15
18.02 Affordable Housing Density Bonus
A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and
quality affordable housing to attract and retain a qualified work force. The following provisions are established
to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate
purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within
the City can be created in accordance with the Comprehensive Plan and these Regulations.
B. Applicability. This section shall apply in any Zoning District in which residential development is
permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) (Applicability - Zoning
Districts and Locations) of this ArticleCity Center Form Based Codes District.
C. Density Increase. On a case by case basis and as part of the Planned Unit Development application,
the Development Review Board may grant an increase in residential density over the base zoning density, in
order to create below market rate housing. The density increases shall be approved on the following criteria
and standards:
(1) Affordable Housing Development. The Development Review Board may grant a density increase
of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing
Development. The total of below market rate units shall be at least half of the total proposed dwelling
units. Where the total proposed dwelling units is an uneven number, the total of below market rate units
shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such
application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision
and Planned Unit Development Review.
(2) Mixed Rate Housing Development. The Development Review Board may grant a density increase
of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate
Housing Development. For each additional market-rate dwelling unit produced as a result of the density
increase, one (1) comparable below market rate unit must be provided. Such application shall be subject
to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit
Development Review.
Table 13-9 Example of Affordable Housing Bonus Calculation
Affordable Project: Mixed-Rate Project:
50% of Total Units Affordable 25% of Bonus Units Affordable
Acres 8.35 8.35
Base Density 12 12
Base Units 100.2* 100.2*
Bonus Units 50 25
Total Units 150 125
Net Density 17.98 14.99
Affordable Units 74 13
Market Rate Units 74 112
*Partial units always round DOWN to the lower whole number of units
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 16
D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and
Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following
standards shall guide the Development Review Board:
(1) The density upon which a bonus may be based shall be the total acreage of the property in
question multiplied by the maximum residential density per acre for the applicable zoning district or
districts.
(2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall
apply only to properties of five (5) acres or more, and the maximum allowable residential density with or
without such a density increase shall be four (4) dwelling units per acre.
(3) Development Standards.
(a) Distribution. The affordable housing units shall be physically integrated into the design of the
development in a manner satisfactory to the Development Review Board and shall be distributed
among the housing types in the proposed housing development in the same proportion as all other
units in the development, unless a different proportion is approved by the Development Review Board
as being better related to the housing needs, current or projected, of the City of South Burlington.
(b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less
than comparable market-rate units in the housing development.
(c) Plan for Continued Affordability. The standards for Section 18.01(D)(25) shall apply.
(4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified
non-profit organization shall be responsible for the on-going administration of the affordable housing units
as well as for the promulgation of such rules and regulations as may be necessary to implement this
program. The Housing Authority or non-profit organization will determine and implement eligibility
priorities, continuing eligibility standards and enforcement, and rental and sales procedures.
E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied
types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom,
three-bedroom and four-bedroom apartment construction.
18.03 Housing Preservation
A. Purpose. The intent of this Section is to achieve one or more of these goals:
(1) To promote the health, safety and general welfare of the community by preserving existing housing
stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes
through the use of housing retention requirements as referenced in South Burlington’s 2016
Comprehensive Plan;
(2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of
residential structures, and to maintain housing that meets the needs of all economic groups within the
City particularly for those of low and moderate income;
(3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for
safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income
groups in each Vermont community;
(4) To support the retention of housing units in the City;
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 17
(5) To promote the health safety and welfare of the community by preserving the residential character
of neighborhoods; and,
(6) To offset the loss of housing by requiring replacement of housing units with new construction,
conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing
Trust Fund.
B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these
Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example
a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following:
(1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any
order, decision or other action of the City or State that is caused by unreasonable neglect or deferred
maintenance of an existing or prior owner(s);
(2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal
program, including any air traffic or airport noise mitigation and compatibility program; and/or,
(3) the loss, demolition or conversion to nonresidential use or non-use of any other form of
permanent housing, including but not limited to housing units contained within a housing facility that is
permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing
facilities as defined in these Regulations.
C. Exemptions. This Section shall not be applicable to:
(1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not
limited to housing units contained within a housing facility that is permitted as a congregate care facility,
within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this
exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of
issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and
restoration of the residential use on the same parcel.
(2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused
by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the
owner’s control.
(3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial –
Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation,
Municipal, Commercial 1-AIR, Airport, and Airport-Industrial.
(4) The conversion of a duplex to a single-family home.
(5) As of the initial effective date of this Section, any dwelling units:
(a) For which the Burlington International Airport / City of Burlington has obtained Federal
Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the
acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This
includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether
or not these dwelling units have been purchased or removed as of January 1, 2018.
(b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use
Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April
23, 2009.
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 18
See Appendix H for a complete listing of properties by address.
(6) The removal of accessory dwelling units.
D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt
under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a
nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section.
In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a
zoning permit application under this Section:
(1) A statement certifying the number of dwelling units to be demolished or converted to
nonresidential use and the number of bedrooms existing within each of these units;
(2) A demonstration of compliance with tenant or occupant notice and relocation provisions of
applicable state and federal law; and
(3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section.
E. Housing replacement requirement. In addition to any other requirements for approval under these
Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of
each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a
replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a
replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways:
(1) Construction of a new dwelling unit in accordance with sub-section F of this Section;
(2) The conversion of a non-residential building to residential use in accordance with sub-section F of
this Section; or,
(3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust
Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse
in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the
premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the
premises.
F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling
units built pursuant to this Section must meet the following requirements:
(1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling
unit being replaced;
(2) Each replacement dwelling unit must be located within the City of South Burlington;
(3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18)
months of the date on which the zoning permit referenced in Sub-section D above is approved;
(4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a
leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective
occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty
(20) years from the date of first occupancy.
(5) Each non-rental replacement dwelling unit(s) must be offered for sale either:
(a) At or below the fair market value of the dwelling unit that was removed, demolished, or
converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the
LDR-19-13A: Expand and Modify Inclusionary Zoning to Transit Overlay District & adjacent areas
LDR-19-13B Modify Income & continued affordability for Affordable Housing Density Bonus
Draft LDR Amendments for Planning Commission Public Hearing December 10, 2019 19
applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was
removed, demolished, or converted to nonresidential use or to nonuse; or
(b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to
prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such
unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period
to an owner/occupant who qualifies by income.
(6) Income eligibility for replacement units described in this subsection shall be determined based on
income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing
and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA),
or on program-based income eligibility requirements established by a partnering housing organization.
The income eligibility shall be determined using the most recent income guidelines available at the time a
unit is available for occupancy.
G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement
dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post
a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in
the amount equivalent to the amount the applicant would have been required to contribute to the City of
South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3),
above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount
due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit
satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit.
H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-
profit organization approved by the City of South Burlington following demonstration of its qualifications shall
be responsible for the on-going administration of this section as well as for the promulgation of such rules and
regulations as may be necessary to implement this section. The Housing Authority or non-profit organization
will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental
and sales procedures.
I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article
17 shall commence and the requirements of this Section shall apply in addition to any other remedies available
to the City by law.
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 December 10, 2019
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 Tuesday, December 10, 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-19-13A: Modify existing Inclusionary Zoning requirements and extend applicability to
include all lands that underline the Transit Overlay District, all lands within the City Center Form
Based Code District, and all lands in the vicinity of Hinesburg Road and Old Farm Road that are
north of I-89 and are outside the Transit Overlay District.
B. LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows: (1) reduce
applicable area to only those areas not subject to proposed Inclusionary Zoning standards [LDR-
19-13A], and; (2) adjust requirements for income eligibility and continued affordability for all
remaining parts of the City.
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) Is compatible with the proposed future land uses and densities of the municipal plan.
2
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
Brief explanation of the proposed bylaw.
The proposed bylaw would extend and modify the Inclusionary Zoning requirements in the City
Center Form Based Code District to encompass all lands within the Transit Overlay District and
portions of land north of I-89 in the vicinity of Hinesburg Road & Old Farm Road, and would
modify income eligibility & continued affordability standards in the Affordable Housing Density
Bonus standards elsewhere in the City. Where Inclusionary Zoning requirements are extended,
they would replace the Affordable Housing Density Bonus standards.
Specifically, Inclusionary Standards include the following structure:
• Required for projects with 12 or more new dwelling units.
• 10% of homeownership units and 15% of rental units must be affordable in perpetuity at
prices/rents affordable to households earning 80% of Area Median Income (AMI). For
ownership units, actual income eligibility would be up to 100% of AMI.
• Developer Offsets and Incentives. One additional market rate unit for every one required
inclusionary unit (rentals) and two additional market rate units for every one required
inclusionary unit (ownership) would be granted above the maximum zoning for the district.
• Parking requirements for inclusionary units are “no greater than one space per unit.
• Developer Bonus: A develop providing a greater proportion of dwelling units at or below 80%
of AMI and meeting inclusionary requirements receiving additional market rate units at the
same ratios as for offset units, up to maximum total increase of 50% density increase. Note:
this figure is unchanged from the current maximum allowable bonus.
• Alternatives available to developer: land dedication in lieu of inclusionary unit construction
and off-site construction of inclusionary units.
• Units must remain affordable at the rates described above in perpetuity upon resale or new
tenants, adjusted for inflation.
Outside of the Inclusionary Zoning applicable areas, the proposed amendment would allow
households earning up to 100% of AMI to purchase a dwelling unit; units would be required to
remain affordable to households earning 80% of AMI, and continued affordability standards
would mirror those for Inclusionary Zoning.
(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 amendments are intended to support the economic integration of housing
in a manner that both supports affordability objectives and is attainable by the
development community. The Comprehensive Plan includes the following objectives and
strategies:
Vision & Goals: Be affordable, with housing for people of all incomes, lifestyles, and stages
of life;
3
Objective 2. Offer a full spectrum of housing choices that includes options affordable to
households of varying income levels and sizes by striving to meet the housing targets set
forth in this Plan.
Strategy 4. Implement a variety of tools and programs to foster innovative approaches to
preserving and increasing the City’s supply of affordable and moderate income housing.
Potential tools should be explored and could include form-based codes that would allow a
variety of residential and mixed use building types, transferable development rights,
neighborhood preservation overlay districts, household definition regulations,
inclusionary zoning, bonuses and incentives, waivers and expedited review processes,
and/or a housing retention ordinance.
Strategy 10. Develop strategies that can lead to the availability or development of more
housing that is affordable to middle income, working residents and families in the City…
Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units - 840
housing units affordable to households earning up to 80% of the AMI and 240 housing
units affordable to households earning between 80% and 120% of the AMI.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments would replace existing allowances of density bonuses of
either 25% or 50% with an inclusionary requirement.
The requirement is accompanied by an offset allowance of 15%-20% in density increase
(rental & ownership) as an incentive to applicants as required under 24 VSA Chapter 117.
In addition, applicants electing to provide a greater proportion of dwelling units at the
Inclusionary Zoning eligibility thresholds would receive additional market rate units for
each. The maximum total density increase in that instance would be 50%, commensurate
with the current maximum.
The Comprehensive Plan includes the following relevant objective:
Objective 39. The majority of all new development will occur within the Shelburne Road,
Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service
area.
(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.
Page 1 of 2
From: South Burlington Affordable Housing Committee
To: South Burlington Planning Commission
Date: December 5, 2019
Re: Comments and Associated Recommended Edits on LDR-19-13A – Inclusionary Zoning and LDR-19-
13B – Affordable Housing
The Affordable Housing Committee has reached out and heard from the development community on
the draft inclusionary zoning amendments. This included meetings on October 22nd, November 4th and
26th, and December 3rd, at which developers attended and participated. The following recommended
policy level changes are a result of that process.
LDR-19-13A – Inclusionary Zoning
1. Covered Development (Section 18.01(B)(2)) – there were a number of questions from the
development community on how to address inclusionary zoning for subdivision of lots that are
sold prior to development, and congregate housing. The Affordable Housing Committee
recommends imposing a 10% inclusionary requirement on lots sold prior to development via
deed restriction (added specificity to Section 18.01(C)(1)(d)); and clarifying that congregate care
housing would be subject to rental inclusionary zoning requirements.
2. Inclusionary Unit Requirements (Section 18.01(C)(2)) – there were questions about how exactly
inclusionary units should be integrated into the development, and the relationship of other
proportional standards between the inclusionary and market rate units. The Affordable Housing
Committee recommends a number of edits to clarify the intent:
a. Physical integration throughout the development shall be required unless a different
proportionality is approved by the DRB as being better related to the housing needs,
current or projected, of the City of South Burlington. This approach incorporates
language identical to what has been in the land development regulations for many years
relating to applications that include affordable housing on a voluntary basis. [Section
18.01(C)(2)(a)]
b. Inclusionary units shall be no smaller than either 90% of the average size of the market
rate units, or a minimum floor area (set by number of bedrooms). This option is
recommended as one may work better for a rental product, while the other may work
better for ownership. Also, the second option allows the developer to determine the
inclusionary unit sizes independent of the market rate unit sizes and vice versa. [Section
18.01(C)(2)(b)(iii)]
c. The number of bedrooms in inclusionary units shall be proportional to those in the
market rate units, however for ownership units one less bedroom can be provided so
long as the layout of the unit is built so that an additional bedroom can be easily added.
This is recommended because some ownership products are built to suit, so this allows
a buyer to opt for fewer bedrooms at a lower cost (It costs about $35,000 per bedroom).
[Section 18.01(C)(2)(b)(vi)]
3. Continued Affordability (Section 18.01(D)(5)) – there were a number questions and suggestions
regarding the resale requirements for inclusionary units. The Affordable Housing Committee
recommends a number of amendments in response to these questions/comments:
a. There are two resale options: whatever is higher of what the seller bought it for, or what
is affordable to a household at 80% at the time of resale. To provide some confidence
for a buyer that they’ll be able to make some money on the resale, it is recommended
that a 2 percent increase per year is added to the “what the seller bought it for” option.
[Section 18.01(D)(5)(a)]
Page 2 of 2
b. It is recommended that this section be clarified by adding that eligible households are
those having incomes up to 100% AMI, to retain the gap between price point and
income in the future on resales. [Section 18.01(D)(5)(a)]
c. It is recommended that covenants include language to ensure if the property is to
change from being offered for sale to being offered for rental, that the appropriate
language regarding affordable rental requirements shall apply. [Section 18.01(D)(5)(a)]
4. Reporting Requirements (Section 18.01(D)(6)) – there was a question on who is responsible for
income reporting. The Affordable Housing Committee recommends clarifications that it is the
tenants’ responsibility to provide income documentation, but it is the project owner’s
responsibility to certify the rent maximums and household incomes.
5. Developer Options (Section 18.01(E)) – there were a couple of questions and comments on this
section to provide a bit more flexibility on the location of off-site inclusionary units. The
Affordable Housing Committee decided to retain the original intent of this bylaw, which
maximizes inclusion in neighborhoods. Plus, language has been added to clarify that the
incentives for larger bedroom inclusionary units don’t qualify for additional offset or bonus
units. [Section 18.01(E)(1)(c) and (d)]
LDR-19-13B – Affordable Housing
1. Minimum Floor Area (Section 18.02(D)(3)(b)) – there were some recommendations on the
relationship between the size of the affordable housing units. The Affordable Housing
Committee recommends adding a proportional standard for the affordable dwelling units in
relation to the market-rate units of 70%. The Affordable Housing Committee agreed that this is a
relatively minor amendment to this section that can help achieve the goal of this section
without a change of intent.
2. Continued Affordability (Section 18.02(D)) – The requirements of this section currently refer to
the inclusionary zoning continued affordability requirements in 18.01. Therefore the changes
that have been recommended to 18.01 unintentionally had consequences on the Affordable
Housing requirements. The Affordable Housing Committee worked through this with Patrick
O’Brien and Robin Jeffers (of S.D. Ireland Company) and believe that the unintended
consequences have been removed. The reference has been updated but no other changes are
needed. [Section 18.02(D)(3)(c)]
The committee’s collaborative process with local developers has been constructive and productive. The
committee appreciates the considerable time, careful consideration, and proposals for change
contributed by the developers that participated.
To: The South Burlington Planning Commission
From: State Representatives Killacky, Lalonde, Pugh, and Townsend
Re: Proposed LDR amendments
Date: December 9, 2019
Thank you for holding a public hearing on proposed Inclusionary Zoning amendments to
the City’s Land Development Regulations (LDR). It is because we have a Legislative
Forum the same evening as the public hearing, and so cannot attend the hearing, that
we offer a joint written statement to you of our support for the amendments proposed.
Simply put, we see these amendments as an opportunity. They represent an
opportunity to provide more affordable housing in South Burlington and to do so with an
eye to density rather than sprawl. There has been large scale loss of available
affordable housing in South Burlington caused by the number of homes demolished in
the Chamberlin neighborhood. Vulnerable populations are having ever greater difficulty
in finding affordable housing in South Burlington. While not a cure-all, the LDR
amendments as proposed would be an important step in remedying this situation, and
we urge their adoption.
Thank you for your deliberations on the amendments. Our very best wishes and thanks
to you for the work which you do.
1
Paul Conner
From:Nicholas Andrews
Sent:Monday, December 9, 2019 1:34 PM
To:South Burlington, Vermont; Paul Conner; Marla Keene
Cc:Robin Jeffers; hale cochran; Brian Harwood; susandarnell
Subject:Re: South Burlington, Vermont Weekly Digest Bulletin
Good afternoon Paul, Marla and others
Yesterday I opened the Dec 6 posting of the Planning Commission meeting agenda scheduled for Dec 10. The number
5 item on the agenda caught my eye, particularly 5b and parts 1 and 2 of part b. This public hearing related to affordable
housing and "bonus" housing within the LDRs is, as you folks are well aware, very important to the future development
of the South Village Community in the Southeast Quadrant of South Burlington. Unfortunately for those of us in the
South Village Community our annual Home Owners Association meeting has been scheduled on the same night at the
same time as your public hearing. I, for one have had a long standing interest in how the application of South
Burlington's plan for affordable housing might have been or going forward might be implemented in my community. As I
am on the board of the HOA the conflicting meetings present a dilemma.
I hope that you can allay my concerns that the subject of the pubic hearing is not related to the on going plan and
discussions related to South Village. While I realize that our community is only a small part of your total jurisdiction, I
want to be sure that all of the past and ongoing dialogue between your office and the residents of the South Village
Community will be considered during deliberations regarding affordability and integration of housing or units within a
development. Further, I would hope that prior to the implementation any new rules the South Village Community will be
considered separately, primarily because the plan for this community is a textbook case of the drastic changes in
housing needs that we have all witnessed during the 15 year history of this particular property.
Nicholas Andrews
358 South Jefferson Road
South Burlington, Vt 05403
On Sun, Dec 8, 2019 at 2:58 PM South Burlington, Vermont <southburlington@public.govdelivery.com> wrote:
Weekly Warning List
12/06/2019
2
Weekly Warning List for the week of Dec. 8 - Dec. 14, 2019
CITY OF SOUTH BURLINGTON
575 Dorset Street
South Burlington Vermont
OFFICIAL COMMITTEE MEETING(S) WARNING
December 6, 2019
City of South Burlington City Committees will meet at the following dates, times and locations.
COMMITTEE: State Legislators’ Forum to which City Council and Energy Committee members may
attend
DATE/TIME: Monday, December 9, 6:30 pm
LOCATION: Tuttle Middles School, 500 Dorset Street
AGENDA: A quorum of the members of the Council and the Energy Committee may be attendance
at the Legislative Climate Solutions Caucus Forum, hosted by South Burlington’s Legislative
Representatives. No business of the Council or the committees will be discussed and no action will
be taken.
COMMITTEE: PLANNING COMMISSION
DATE/TIME: Tuesday, December 10, 2019, 7:00 PM
LOCATION: City Hall (575 Dorset Street)
AGENDA: (1) Directions on emergency evacuation procedures from conference room; (2) Agenda:
Additions, deletions or changes in order of agenda items; (3) Open to the public for items not related
to the agenda; (4) Planning Commissioner announcements and staff report; (5) Public hearing on
proposed Land Development Regulation amendments: (a) LDR-19-13A: Modify existing
Inclusionary Zoning requirements and extend applicability to include all lands that underline the
Transit Overlay District, all lands within the City Center Form Based Code District, and all lands in
the vicinity of Hinesburg Road and Old Farm Road that are north of I-89 and are outside the Transit
Overlay District, (b) LDR-19-13B: Modify Affordable Housing Density Bonus standards as follows:
(1) reduce applicable area to only those areas not subject to proposed Inclusionary Zoning
standards [LDR-19-13A], and; (2) adjust requirements for income eligibility and continued
affordability for all remaining parts of the City; (6) Review public input on draft amendments,
including requested feedback from Affordable Housing Committee; consider any possible policy
changes and possible special meeting to review and ratify modified amendments post-public
hearing; (7) Presentation of Open Space Interim Zoning Committee Recommendations, Allan
Strong, Chair; (8) Meeting Minutes; (9) Other Business: (a) Shelburne Planning Commission Public
Hearing on proposed amendments to Subdivision Regulations, Thursday, January 9, 2020, 7:00
pm, 5420 Shelburne Road, (b) Burlington Planning Commission Public Hearing on proposed
amendments to Comprehensive Development Ordinance, Tuesday, December 10, 2019, 6:45 pm;
(10) Adjourn (9:00 pm)
COMMITTEE: Bicycle & Pedestrian Committee
DATE/TIME: Wednesday, December 11, 2019; 5:30 PM
LOCATION: City Hall, 1st Floor Conference Room, Green Mountain Room, 575 Dorset Street
AGENDA: Welcome and directions on emergency evacuation procedures; Changes or additions to
the agenda; White Street Bike Lane Presentation; Input from the public on White Street Bike Lane
Proposal; Comments from the Public not related to the agenda; Consideration of minutes from
previous meetings; Updates from the City; Formalization of the Committee’s role in the City’s
bike/ped scoping process; Updates: Ongoing Committee Work; Confirmation of next meeting;
Adjourn.
3
COMMITTEE: CITY COUNCIL SPECIAL MEETING (Capital Improvement Plan Discussion)
DATE/TIME: Wednesday, December 11, 2019, 7:00PM
LOCATION: City Hall, 575 Dorset Street, Green Mountain Room
AGENDA: Agenda posted separately
COMMITTEE: Energy Committee
DATE/TIME: Thursday, December 12, 2019 | 6:30PM
LOCATION: South Burlington Police Station, 19 Gregory Drive | 2nd fl conf room (middle entrance)
AGENDA: Convene meeting, emergency evacuation announcement, review agenda; Comments
and questions from the public not related to the agenda; Review and approve November 21 meeting
minutes; Updates on ongoing Actions/Projects; Discuss a Climate Action Plan for the City; Develop
SBEC’s Strategy Areas & Project Plan; Announcements about upcoming Events / Activities; Adjourn
meeting.
COMMITTEE: DEVELOPMENT REVIEW BOARD
DATE/TIME: Tuesday, December 17, 2019, 7:00 PM
LOCATION: City Hall (575 Dorset Street) First Floor Conference room
AGENDA: See separately posted agenda.
Stay Connected with South Burlington, VT
SUBSCRIBER SERVICES:
Manage Subscriptions |Unsubscribe All |Help
This email was sent to nandrews66@gmail.com using GovDelivery Communications Cloud, on behalf of: South
Burlington, Vermont ꞏ 575 Dorset Street ꞏ South Burlington ꞏ VT 05403
1
Paul Conner
From:Alida & John Dinklage <jadinklage@MyFairPoint.net>
Sent:Tuesday, December 10, 2019 3:54 PM
To:Paul Conner
Cc:Dooley, Sandy - home
Subject:support the expansion of inclusionary zoning
Hi Paul, I support the expansion of inclusionary zoning as proposed by the AHC. Please share this note with Planning
Commissioners. I am sorry that I will not be able to attend the PC meeting tonight.
Thank you. Best regards, John Dinklage
Ref: Memo to the Planning Commission from John Simson for the AHC, dated Oct 3, 2019
1
Paul Conner
From:ranemcosky@juno.com
Sent:Saturday, December 7, 2019 10:29 AM
To:Paul Conner
Subject:Inclusionary Zoning requirements
Simply said, I am in favor of expanding the area from the City Center to the Transit Overlay District.
Thank you,
Radetta Nemcosky
____________________________________________________________
Do This Before Bed, Watch Your Belly Fat Melt Like Crazy floraspring.com
http://thirdpartyoffers.juno.com/TGL3141/5debc73aad081473a2275st01vuc
1
Paul Conner
From:NANCY TRACY <nstracy@comcast.net>
Sent:Tuesday, December 10, 2019 8:26 AM
To:Paul Conner
Subject:public hearing tonight
TO: Paul Conners & S. Burlington Planning Commissioners
FROM: Nancy Tracy, S. Burlington resident
RE: Tuesday night meeting/ proposed Inclusionary Zoning Amendments to our Land
Development Regulations
I continue to wish that the S. Burlington Planning Commissioners will support the expanding
Inclusionary Zoning rules in South Burlington.
Thank you.
South Burlington Interim Zoning
Open Space Committee
Alyson Chalnick Natural Resources Committee
Duncan Murdoch, Vice-Chair Natural Resources Committee
Tami Zylka Recreation and Parks Committee
Amanda Holland Bicycle and Pedestrian Committee
Bernie Gagnon Planning Commission
Betty Milizia Dog Park Committee
Sam Swanson Energy Committee
Meaghan Emery, Clerk City Councilor
Vince Bolduc Public Member
Sophie Mazowita Public Member
Allan Strong, Chair Public Member
The Dream Team:
Open Space Committee
Our Charge: The prioritization for conservation of
existing open spaces, forest blocks, and working
landscapes in South Burlington in the sustenance of
our natural ecosystems, scenic viewsheds, and
river corridors.
Methods
Assessment of parcels
Our pool of candidate properties is a set of 190 parcels that are > 4 acres and have < 10% impervious surface.
Two tiered approach for parcel evaluation:
Regional scale connectivity and resource through Vermont’s BioFinderPriority layer: Areas critical for maintaining an ecologically functional landscape and important for ecological functionality at the local scale.
Parcel Scale –We assessed 5 categories directly related to our charge
Water (riparian connectivity, wetlands, source protection areas, 100-year flood zone, Lake Champlain shoreline)
Wildlife (rare & endangered species, large habitat blocks, priority road crossings, vernal pools, grasslands)
Forests (large forest blocks, rare and uncommon natural communities)
Aesthetics (viewsheds)
Agriculture (prime agricultural soil, farmland)
Our Tools
South Burlington Natural Resource Inventory Map
VT Agency of Natural Resources: BioFinder
An Example –5 parcels around Technology Park
1
2
3
4
5
Riparian Connectivity
1
2
3
4
5
Wetlands
1
2
3
4
5
Forest Blocks
1
2
3
4
5
High Priority Wildlife Road Crossings
1
2
3
4
5
Prime Agricultural Soils
1
2
3
4
5
Parcel 1
consistently
scores higher
than the other
parcels
Results
Of the 190 parcels, 127 (66%) were in BioFinder priority areas
Of those 127 parcels, 92 contained natural resources
attributes in at least 3 of our 5 categories
Of those 92 parcels, 73 were not already conserved or were
conserved only through regulatory means (primarily NRP)
We narrowed the 73 parcels to a group of 25 priority parcels
using two criteria:
Current and planned land use
Parcel acreage
Priority Parcels for Conservation
90 1540-01195 Farrell property
14 1460-00000 Muddy Brook (mouth)
10 1380-00000 Winooski River adj to Muddy Brook Park
37 0040-00201 Allen Road
128 0860-01499 South of Butler Farm
11 1810-01076 Windjammer
71 1640-01195 Edlund
39 0085-00197 Across Dorset St from Dorset Farms
146 0570-01505 South of Dorset Meadows
133 0570-01475 Dorset Meadows
34 XXX South Village east
117 0720-00065 UVM Hort Farm
26 1640-01251 Wheelock West
59 1640-00699 UVM Forest Sci Lab
53 0860-00160 Cemetery
142 1640-01720 Long
35 0570-01675 Just north of Dorset Farms
67 0860-RR750 North of Tilley Drive
74 1700-00150 150 Spear
7 1290-00600 North of Patchen Road
76 0860-00835 Hill Farm
60 1260-00200F O'Brien east
27 0570-01575 Next south of 146
61 1640-00650 UVM east side of Spear St.
101 1640-01340 Spear Meadows
Current Status
Assessment work is complete
(Minor data proofing to complete)
Full report is about 2/3 written
One page summaries for each priority parcel are
complete
Maps forthcoming
Public forum
Questions and Suggestions?
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
12 November 2019
1
The South Burlington Planning Commission held a meeting on Tuesday, 12 November 2019, at 7:00 p.m.,
in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. Macdonald, A. Klugo
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner, D. Grippon, K. Lord
1. Directions on emergency evacuation procedures from conference room:
Mr. Gagnon 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:
Doris Grippon, resident of Spear Street, spoke with concerns related to the view protection zone along
Spear Street, specifically trees which have grown in the area and which she believes exceeds the height
limit of the VPZs. She indicated she was seeking ZA enforcement of standards, or allowance to build a
second story which is prohibited under the current LDR and VPZ.
The Planning Commission indicated that they will seek a follow-up on presentation to PC on scenic views
or a presentation on enforcements and would also look at the commission’s work plan after interim
zoning.
4. Planning Commissioner announcements and staff report
Ms. Ostby delivered copies of Vermont Green Streets Guide: A Resource for Planning and Building Green
Infrastructure Within our Communities (June 2018)
Ms. Ostby also gave brief update on Affordable Housing work to provide options other than density as
the incentive for required inclusionary units; Mr. Conner affirmed that staff is also working on this on
behalf of Council direction, possibly including reduced or waived fees.
5. Discuss recommendations of Transfer of Development Rights Interim Zoning Committee
Mr. Mittag briefly introduced TDR banking and discussed his beliefs of what does and doesn't work. He
included what he’s found for TDR programs in other parts of the country:
a) Lancaster county PA has strong program trading TDRs for 4,000 s.f. of increased lot coverage in
industrial business zone
b) Seattle: King County has agreement with city of Seattle. In speaking with Deputy program
director, encouraged to keep simple, and can apply differently in different places.
c) Hadley MA: one acre land is worth 2000 s.f commercial
The Commission discussed regional significance and responsibilities. Mr. Riehle indicated that the CCRPC
considers SB part of the growth center, regionally speaking.
2
Mr. Gagnon asked if there a book on TDRs? Lessons learned?
Mr. Mittag indicated that he would like the PC to accept the report and recommendations and then the
TDR committee would keep working on more details related to recommendations (mapping receiving
zones, for example).
Ms. Ostby stated she would like to figure out what next steps would belong to PC and which to the TDR
committee for a clear division of tasks. She further indicated that she didn’t see the benefit of the
committee continuing this work; should transfer to PC.
Mr. Klugo stated that he doesn’t see the work to support to conclusions made.
Commissioners continued the discussion of what is the Council looking for as a product from the PC
before end of interim zoning. Most indicated that this is important before choosing the next path to
follow.
Members discussed the Interim Zoning Bylaw and its expected deliverables. The Bylaw was displayed on
the screen and read: “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.”
Mr. Mittag indicated that his understanding is that the output is LDR-ready recommendations
Kelly Lord, resident, member of TDR Committee shared her belief that the entire SEQ should be
conserved.
Mr. Gagnon stated that he would like to check in with Council for general concurrence.
There was a brief discussion of whether the PC accepts/endorses the report findings and
recommendations. Mr. Klugo and Mr. Macdonald indicated that they are not ready to accept the
recommendations as presented and need more information. Ms. Ostby suggested that the PC not share
recommendations with Council if all members can't all support them yet.
Mr. Riehle recommended a written memo to Council. Attachments: report and recommendation bullets
and ask questions about product and steps and timeline.
Mr. Klugo agreed the suggestion of a memo to Council, with a little "peak behind the curtain of the
recommendations," meaning that these are the types of recommendations that could be in a final
report and/or bylaw, but are not an exhaustive or fully-vetted list.
Mr. Gagnon concurred.
Mr. Gagnon moved that staff prepare a memo to the City Council, providing the draft Report per the
Interim Zoning Bylaw’s action item, and seeking feedback; share the draft memo with the Chair & Vice
Chair of the Commission for feedback and edits; and submit the memo, alongside the July 30th draft
findings & report of the TDR Committee - as updated with additional information gathered and provided
to the Planning Commission to the City Council. Motion seconded by Mr. Riehle. Motion approved 5-1,
with Mr. Mittag voting against.
6. Land Development Regulations: Review and discuss elements of Article 12, Natural Resources
Standards
Ms. LaRose provided an update to the Commission as it relates to work on Article 12, Natural Resources
Standards. She shared updates in the language based on feedback by the commission when they
reviewed a previous draft, noting that this is a complete redraft and not a “redline” version. She also
introduced the reservation of several subsections for future work, including tree protection standards,
3
resource restoration, and forest and habitat blocks- awaiting work from an ongoing study by a
consulting firm.
Ms. LaRose also discussed the relationship between resource types and development calculations
(primarily density) within subdivisions and PUDs. The Commission supported the draft, noting more
changes would be drafted soon. Commission indicated they look forward to reviewing language for
regulation of steep slopes.
7. Committee Updates
a. Open Space Interim Zoning Committee
Mr. Gagnon said that the Committee would be meeting the following week and
would have an update subsequent to that time.
8. Meeting Minutes
October 22 & October 29
Motion by Mr. Klugo to accept, seconded by Mr. Mittag. Approved by all. Note by Mr.
Klugo to correct spelling of Mr. Killaki.
9. Other business
a. Review meeting schedule for remainder of 2019
b. Consider and approve 2020 regular meeting schedule
Mr. Conner noted that in looking at the 2020 Calendar, staff was avoiding
conflicting with both civic and important religious holidays. Commissioners
concurred.
10. Adjourn
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:26 p.m.
____________________________, Clerk
Town of Shelburne, Vermont
CHARTERED 1763 P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482
Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number
(802) 985-5116 (802) 985-5110 (802) 985-5118 (802) 985-5115 (802) 985-9551 (802) 985-9550
INVITATION TO COMMENT ON ZONING AMENDMENTS TO: DISTRIBUTION LIST FR: SHELBURNE PLANNING COMMISSION VIA DEAN PIERCE, DIR OF PLANNING RE: SUBDIVISION BYLAW AMENDMENT DA: NOVEMBER 19, 2019
On Thursday, January 9, 2020, the Shelburne Planning Commission will hold a public hearing on a proposed amendment of Shelburne’s Subdivision Bylaw. The extent of the proposed changes is detailed in
the attached memorandum. The hearing will begin at 7:00 p.m. and take place in the Shelburne Municipal Complex Meeting Room.
Those who plan to speak at the hearing are encouraged to also submit a written version of their comments.
It is not necessary to appear at the hearing to offer comments. Written comments should be submitted to Dean Pierce, AICP, Director of Planning and Zoning, 5420 Shelburne Road, PO Box 88, Shelburne, VT
05482. Electronic submissions are encouraged. Please direct email to dpierce@shelburnevt.org.
MEMORANDUM
TO: RECIPENTS
FR: DEAN PIERCE, ON BEHALF OF PLANNING COMMISSION
RE: PROPOSAL TO MODIFY DEFINITIONS CONTAINED IN SUBDIVISION BYLAWS
DA: NOVEMBER 19, 2019
At its November 14 meeting, the Planning Commission discussed possible bylaw modifications that would modify three definitions contained in Article II (Definitions) of the bylaw: “Subdivision,” “Minor Subdivision,” and “Major Subdivision.”
At the conclusion of its discussion, the Planning Commission voted to warn a formal Public Hearing on the
proposed changes and to conduct that hearing on Thursday, January 9, 2020. Staff was also directed to distribute the text of the proposed changes along with the bylaw change report as required by statute.
PROPOSED MODIFICATIONS
Under the proposal, the definition of “Subdivision” would be changed to correct section references and, further, to limit subdivision review over other types of development when those developments are subjected to review
under the Town’s “Form Based Zoning” requirements. The definitions of “Minor Subdivision” and “Major
Subdivision” would also be changed to correct section references. In the case of the definition of “Major
Subdivision,” it would also be changed to limit subdivision review over other types of development when those developments are subjected to review under the Town’s “Form Based Zoning” requirements.
The text of the language to be the subject of the hearing is attached. Language to be added to the bylaw is
shown with underscore. Language to be removed is shown with strike through.
BYLAW CHANGE REPORT
A report prepared in accordance with 24 V.S.A. §4441(c) is also attached. This report describes how the proposal “Conforms with or furthers the goals and policies contained in the municipal plan…” and “Is compatible with the proposed future land uses and densities of the municipal plan.”
PROPOSAL TO MODIFY SHELBURNE SUBDIVISION REGULATIONS
Note: Language to be added to the bylaw is shown in color with underscore. Language to be
deleted is shown in color with strikethrough (strikethrough).
ARTICLE II: DEFINITIONS
[…]
MAJOR SUBDIVISION - Any land which is divided or proposed to be divided into ten (10) or more
lots, even where such subdivision has been reviewed and approved under Article XVII.A XXII of the
Shelburne Zoning Bylaw. Also any land which is divided or proposed to be divided into four (4) or
more lots where such subdivision is not reviewed and approved under Article XVII.A XXII of the
Shelburne Zoning Bylaw. Also any development requiring any new public street or extension of
Town facilities such as water or wastewater lines except those reviewed and approved under Article
XXII of the Shelburne Zoning Bylaw. Also any shopping complex, multi family housing project,
housing for the elderly project, or planned unit development not reviewed and approved under
Article XVII.A XXII of the Shelburne Zoning Bylaw.
MINOR SUBDIVISION - Any land which is divided or proposed to be divided into nine (9) or fewer
lots where such subdivision is reviewed and approved under Article XVII.A XXII of the Shelburne
Zoning Bylaw. Also, any land which is divided or proposed to be divided into three (3) or fewer lots
where such subdivision is not a planned unit development.
[… other definitions are intervening and would not change]
SUBDIVISION – Any land, vacant or improved, which is divided or proposed to be divided into two
(2) or more lots, parcels, sites, or plots for the purpose of offer, sale, lease, or development. The
term includes amended subdivisions and resubdivisions. The term shall also include: the
development of a parcel of land as a shopping center complex, except those reviewed and
approved under Article XXII of the Shelburne Zoning Bylaw; multi-family housing project, except
those reviewed and approved under Article XXII of the Shelburne Zoning Bylaw; elderly housing
project, except those reviewed and approved under Article XXII of the Shelburne Zoning Bylaw;
planned unit development,; and industrial park development. The term does not include
condominium conversions that solely change the form of ownership of a parcel of land or a
structure without new land development.
Planning Commission Reporting Form
for Municipal Bylaw Amendments
(Modification of Definitions to Align with Form Based Zoning)
Approved for distribution by Planning Commission on November 14, 2019
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 §4444 of this title, (A)nd 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.” Brief explanation of the proposed bylaw amendment.
The Planning Commission proposal would modify the definition of the terms subdivision, major
subdivision, and/or minor subdivision. Purpose
The purpose of the modifications is to correct references to the “Form Based Zoning Overlay”
regulations, which are being renumbered (under a separate bylaw amendment proposal) within new Article XXII. The modifications would also revise the definition of subdivision. The purpose of such a change is to exclude from Subdivision Review certain types of development when those developments
are reviewed and approved under the “Form Based Zoning Overlay”. The effect of such a change
would be to streamline the development review process.
Findings regarding how the proposal conforms with or furthers the goals and policies contained
in the municipal plan
Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and
intensities of development contained in the Plan; and carry out any specific proposals for community
facilities, or other proposed actions contained in the Plan.
The Planning Commission finds that the proposal conforms with and furthers the goals and policies contained in the municipal plan. Such policies include but are not necessarily limited to the following:
Planning Commission Reporting Form for Page 2 Subdivision Amendment Proposal, November 2019
Goal: To encourage the continued growth and diversification of Shelburne’s economy in a manner the [sic] enhances the general well-being of the community, and which does not detract from the overall character of the
community, while adhering to smart growth principles.
Objectives:
3. Encourage development of appropriately scaled commercial uses in mixed use areas of the Town, as described in the Land Use Section of this Plan.
Recommended Actions:
4. Facilitate development review and permitting to the extent permitted by law for commercial and industrial
development in areas designated for such uses in the Land Use section of this Plan. Establish expedited review process for development projects implementing key objectives of Comprehensive Plan.
Goal: To have an adequate supply of housing to accommodate a diverse array of residents, but which does not
adversely impact the town’s scenic and natural resources or the ability to provide public facilities and services.
Objectives:
8. Continue to encourage the development of a variety of appropriately scaled housing options for elder residents
(congregate housing, continuing care, assisted living, home care, nursing care, etc.) and a wider variety for singles, downsizers, young families (rental apartments, small condominiums, small detached dwellings).
9. Promote use of innovative and creative development layouts and design and construction techniques so that residential buildings fit their landscape and setting. Also require new construction to minimize energy footprint consistent with the Energy section of the Comprehensive Plan and state energy goals.
Recommended Actions:
1. Amend the Town’s Zoning Ordinance to encourage, within areas designated for high levels of growth, the
development of housing for young families (e.g. rental apartments, small condominiums, and small, detached dwellings), and a variety of housing options for elders.
Simply stated, Planning Commissioners find that the proposal would positively address and advance
the foregoing language as well as related Comprehensive Plan language regarding housing, economic
development, and growth. More particularly, they believe that the proposal would:
• Help spur economic activity and accommodate appropriate levels of commercial and industrial
growth while at the same time promoting development of much needed-housing and foster
neighborhoods; and
• By promoting use of the Form Based provisions in the bylaw, help ensure that the Mixed Use
Area does not become a suburban strip.
Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan goals and objectives as well as goals contained in other planning documents (the Sustainable Design
Assessment Team report—also known as SDAT—and the Route 7 Pilot Project report).
Findings regarding how the proposal is compatible with the proposed future land uses and densities of the municipal plan
The changes encompassed in the current proposal would not alter the level of development already
authorized by the Shelburne Zoning Bylaw, including the Form Based Zoning overlay district. Further,
in the view of the Planning Commission, the overall pattern of development would not change relative to that already allowed under the Zoning Bylaw. Thus, in conclusion, the Planning Commission finds
that the amendment proposal that is the subject of this report would be entirely compatible with the
Comprehensive Plan.
Planning Commission Reporting Form for Page 3 Subdivision Amendment Proposal, November 2019
Findings regarding how the proposal carries out, as applicable, any specific proposals for any planned community facilities.
The proposed amendment does not directly carry out specific proposals for any planned community
facilities. In addition, the proposed amendment does not conflict with any specific proposals for
planned community facilities.
[end]
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: November 19, 2018
RE: Burlington Comprehensive Development Ordinance Amendments
Enclosed, please find proposed amendments to the City of Burlington Comprehensive
Development Ordinance:
• ZA-20-02: Accessory Uses & Structures
• ZA-20-03: Accessory Dwelling Units
The Planning Commission will hold a public hearing on the proposed amendments on
Tuesday, December 10, 2019 at 6:45 pm in Contois Auditorium, 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 December 9, 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-20-02 Accessory Uses & Structures
ZA-20-03 Accessory Dwelling Units
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, December 10, 2019 beginning at 6:45pm in Contois Auditorium, 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:
ZA-20-02: The purpose of this amendment is to provide clarity as to what “accessory” is and
to establish consistency in the application of “accessory” throughout the CDO. Some
adjustment is made to the definition of the term “accessory,” and misuse of the term is
corrected in two places. Some related clean-up is also included, such as relocating several
“accessory” exemptions under the exemptions section of the CDO. Finally, the term “principal”
is defined.
ZA-20-03: The purpose of this amendment is to encourage the creation of accessory
dwelling units (ADU’s) throughout the city to support homeowners as they age in place,
provide flexible options to help owners afford and better utilize available space within their
homes, and to provide additional affordable housing options within existing neighborhoods.
This amendment modifies applicable ADU and other citywide general standards, including
enabling ADU’s as a permitted use in all zoning districts, creating an alternative maximum unit
size and lot coverage waiver process, and eliminating the parking requirement and limitation
on stacked parking.
Geographic areas affected: the proposed amendments are applicable to the following areas in the
City of Burlington:
ZA-20-02: Applicable to all geographic areas and zoning districts.
ZA-20-03: Applicable to single-family lots within residential, mixed use, and institutional
zoning districts where residential uses are permitted.
List of section headings affected:
ZA-20-02: The proposed amendment relocate exemptions from Sec. 4.4.5 (d) 4 E. to Sec 3.1.2
(c); amends Sec. 4.4.5 (d) 4; amends Sec. 5.1.2 (e); amends Sec. 11.1.6; and amends Article 13
Definitions and corresponding terms and definitions in Article 14 Downtown Form Based Code.
ZA-20-03: The proposed amendment amends Sec. 5.4.5 (a) – (c); establishes Sec. 5.2.3 (b) 10;
amends Sec. 5.3.4 (a) 2. B and C; amends Sec. 5.3.5 (a) 1; establishes Sec. 8.1.14 (c); amends
Article 13 Definitions; and amends Appendix A Use Table.
The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment
is available for review at the Office of City Planning, 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
https://www.burlingtonvt.gov/PZ/CDO/Proposed-Amendments-Before-the-Planning-Commission
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: Scott Gustin, Department of Permitting & Inspections
CC: Meagan Tuttle, City Planning
DATE: November 19, 2019
RE: Proposed CDO Amendment ZA-20-02: Accessory Uses & Structures
Overview & Background
This amendment stems from staff’s observation of inconsistent treatment of “accessory” in various
sections of the Comprehensive Development Ordinance. The Planning Commission Ordinance
Committee reviewed this amendment at their December 2018 and February 2019 meetings and
forwarded it for discussion by the full Planning Commission.
The CDO makes multiple references to the term “accessory” in a variety of different scenarios such
as accessory uses, accessory structures, and accessory dwelling units. The idea is predicated on the
distinction between principal and accessory, whether in reference to structures or uses. Within the
context of the CDO, the term “principal” refers to the main structure or use of a property. “Accessory”
refers to an adjunct structure or use that is customary and incidental to the principal structure or use.
A principal use or structure may stand on its own. An accessory use or structure must always be
associated with a primary use or structure.
Some common examples of an accessory/principal relationship include a shed associated with a
single family home or administrative office space associated with a grocery store use.
The focus here is on “accessory;” however, is bears noting that the term “principal” (or primary) is not
defined in Article 13. Providing such definition is recommended.
Accessory is essentially about a feature’s scope and context as it relates to the primary feature. The
term should be plainly and simply defined to establish clear guidelines while affording necessary
flexibility for any particular set of circumstances. Over-defining the term or trying to articulate
standards for particular situations lessens flexibility.
Recommended Amendment Details
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement & Summary
The purpose of this amendment is to provide clarity as to what “accessory” is and to establish
consistency in the application of “accessory” throughout the CDO. Some adjustment is made to
the definition of the term “accessory,” and misuse of the term is corrected in two places. Some
related clean up is also included, such as relocating several “accessory” exemptions under the
exemptions section of the CDO. Finally, the term “principal” is also defined.
Proposed Amendments
Amend Sec. 3.1.2 (c) to include exemptions relocated from Sec. 4.4.5 (d) 4 E.
Sec. 3.1.2 (c), Exemptions
The following shall be exempt from the requirements of this Ordinance and shall not be
required to obtain a zoning permit:
(1) – (15) As written.
(16) Seasonal skating rinks
[Note: Renumbering to place seasonal skating rinks as # 12, following #11 Children’s play
structures, may be more intuitive than simply tagging on at the end.]
Amend Sec. 4.4.5 (d) 4 to reference “accessory” as defined in Article 13, to relocate exemptions
in subsection E to Sec. 3.1.2 (c), and to correct “principle” to “principal”.
Sec. 4.4.5 (d) 4, Accessory Residential Structures and Uses
4. Accessory Residential Structures and Uses
An accessory structure and/or use as defined in Article 13 and provided under Sec.
5.1.1 and 5.1.2 customarily incidental and subordinate to a principal residential use,
including but not limited to private garages, carriage houses, barns, storage sheds,
tennis courts, swimming pools, cabanas for swimming pools and detached fireplaces
may be permitted as follows:
A. Accessory Structures shall meet the dimensional requirement set forth in the
district in which they are located pursuant to Sec. 4.4.5(b) of this Article and related
requirements in Art 5, Part 2;
B. Any accessory structure that is seventy-five percent (75%) or greater of the
ground floor area of the principle principal structure shall be subject to the site
plan and design review provisions of Art. 3, Part 4 and the applicable standards of
Art 6;
C. Private garages shall be limited to as many stalls as there are bedrooms in the
dwelling to which it is accessory, provided that the ground floor area is less than
seventy-five percent (75%) of the ground floor area of the principle principal
structure;
D. The outdoor overnight storage of commercial vehicles not otherwise associated
with an approved home occupation or made available for the exclusive use of the
residential occupants, or the outdoor storage of more than one unregistered
vehicle, shall be prohibited. Any and all vehicles shall be stored in an approved
parking space; and,
E. Uncovered play structures, seasonal skating rinks, raised planting beds shall not
require a zoning permit. [Note: This provision to be located with all other exemptions
in Sec. 3.1.2 (c) as noted above.]
Amend Sec. 5.1.2 (e) to remove the arbitrary 500 sf limit on nonresidential structures and
to refer instead to the applicable provisions of Article 4.
Sec. 5.1.2
(d) Accessory Residential Structures:
An accessory structure customarily incidental and subordinate to a principal residential
use shall also be governed by the provisions of Sec. 4.4.5(d) 4.
(e) Accessory Nonresidential Structures:
An accessory structure customarily incidental and subordinate to a principal
nonresidential use may be permitted subject to the provisions of Article 4 provided the
gross floor area of any accessory structure does not exceed five hundred (500) square
feet or contain living space.
Amend Sec. 11.1.6 to replace incorrect use of the term “accessory” with correct “non-
residential.”
Sec. 11.1.6 Accessory Non-Residential Facilities
(a) – (b) As written.
Amend Article 13: Definitions to include “temporal” in the definition of “accessory,” to delete
incorrect use of “accessory” in the “animal” definitions, and to define the term “principal.”
Accessory Appurtenance, Building or Use: A use or detached building structure that:
(a) Is located on the same lot as the principal use or building served;
(b) Is clearly incidental to and customarily found in connection with the principal use
or building; and
(c) Is subordinate in area, temporal extent, or purpose to the principal use or building
served, and is not to exceed twenty-five percent (25%) of the gross area or sales
of the principal use or building served.
Animal
(a) Boarding: An establishment involving any structure, land, or combination thereof
used, designed, or arranged for the keeping of five (5) or more domestic pets more
than three (3) months of age for profit or exchange, inclusive of equines but
exclusive of other livestock used for agricultural purposes in areas approved for
agricultural uses. The keeping of four (4) or less such animals more than three (3)
months of age for personal enjoyment shall not be considered “boarding” for the
purposes of this ordinance.
(b) Domestic Pet: Any canine, feline, or European ferret (Mustela putorious furo) and
such other domestic animals as the Secretary of the Agency of Agriculture, Food
and Markets shall establish by rule and that has been bred or raised to live in or about
the habitation of humans, and is dependent on people for food and shelter.
(c) Livestock: Animals used for food production (including eggs, milk, honey, and meat)
or fiber.
(d) Grooming: Any establishment where domestic pets are bathed, clipped, or combed
for the purpose of enhancing their aesthetic value or health.
(e) Hospitals: An establishment for the care and treatment of the diseases and injuries
of animals and where animals may be boarded during their convalescence. (See
Veterinarian Office)
(f) Kennel: Accessory building or enclosure for the keeping of domestic pets.
(g) Barn or coop: Accessory building or enclosure for the keeping of livestock.
(h) Shelter: A facility used to house or contain stray, homeless, abandoned, or unwanted
domestic pets or livestock for the purpose of providing temporary kenneling and
finding permanent adoptive homes and that is owned, operated, or maintained by a
public body, an established humane society, animal welfare society, society for the
prevention of cruelty to animals, or other nonprofit organization devoted to the
welfare, protection, and human treatment of animals.
(i) Store, Pet: A retail sales establishment primarily involved in the sale of domestic
pets, such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and
livestock.
Principal (also Primary) Structure or Use
A structure that accommodates the principal use of the lot or use that is the main purpose for
which a site is developed and occupied.
Principal Building
The main or primary Building located on a Lot within which there is conducted any one or
more of the Principal Use(s) found on such Lot.
Principal Use
A main or primary Use accommodate by a Building or a Lot. The dominant use or uses to
which the premises is devoted and the primary purpose for which the premises exists.
Strike from Article 14 the definitions of Accessory Building and Use, and Principal
Building and Use to eliminate duplication/inconsistencies among definitions in Articles
13 and 14.
Accessory Building: A Building that: (1) is located on the same Lot as the Principal Use
or Building served; (2) is clearly incidental to and customarily found in connection with
the Principal Use or Building; and (3) is subordinate in area, extent, or purpose to the
Principal Building served.
Accessory Use: use of a Building, Outbuilding, Structure, or Lot allowed pursuant to Section
14.3 and which is subordinate and incidental to and customarily found in association with a
Principal Use located within the same lot. Not synonymous with Accessory Dwelling Unit.
Principal Building: the main Building on a Lot, usually located toward the Frontage, in which
there is conducted any one or more of the Principal Use of such Lot.
Principal Use: a main or the Principal Use accommodated by a Building or a Lot. The
dominant use or uses to which the premises is devoted and the primary purpose for which
the premises exists.
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Proposed Future Land Use & Density
The proposed amendment does not directly pertain to any specific goals and policies of
planBTV. Insofar as it clarifies and codifies parameters around distinctions between accessory
and primary structures and uses, the amendment facilitates implementation of land use
standards generally. Therefore, the proposed amendment has little impact on future land use
or density, and are limited to adjusted parameters around the use of “accessory” as defined in
the CDO.
Impact on Safe & Affordable Housing
The proposed amendment has no impact on the availability of safe and affordable housing. The
standards as to accessory dwelling units are unaffected by this amendment.
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
Draft Amendment
prepared by:
Staff, PC Ord. Cmte
Recommendation
Presentation to &
discussion by
Commission
9/10/19
Approve for
Public Hearing
9/10/19
Public Hearing
12/10/19
Approve &
forward to
Council
Continue
discussion
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
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
City Council Ordinance Committee
FROM: Meagan Tuttle, Principal Planner, City Planning & Ian Jakus, Housing Projects &
Policy Specialist, CEDO
DATE: November 18, 2019
RE: Proposed CDO Amendment ZA-20-03: Accessory Dwelling Units
Overview & Background
Accessory dwelling units (ADUs) are efficiency or 1-bedroom apartments located within or on the
same property as a single-family, owner-occupied home. ADU’s are often located above a garage, in
a basement, or as a backyard cottage, and have been utilized widely in cities across the US, and to
some degree here in Burlington, as a tool for older adults to remain in their homes as they age, to
create housing for an elder or a dependent, and provide homeowners with a way to offset housing
costs.
In 2015, the City Council adopted the Housing Action Plan, which contained 22 strategies for building a
more affordable, inclusive, livable, walkable, sustainable, and vibrant Burlington. Among these
strategies was a call for a review of Accessory Dwelling Units in the city, to “evaluate the
consequences of incentivizing this kind of construction and to establish clear protections that
prevent abuse of this type of unit.” As a result, the Community & Economic Development Office and
Planning & Zoning department collaborated to prepare a review current ADU creation, policies, and
best practices, and offered a series of recommendations for policies and programs to support the
creation of more ADUs. This report was reviewed by the City Council’s CDNR Committee, who
supported the City and partners advancing the report’s recommendations.
In April 2019, Mayor Weinberger announced a plan to convene a Housing Summit and advance work
to bring focus, urgency, and resolution to five key areas of unfinished business from the Housing
Action Plan. Reforming local zoning to be more permissive of the creation of ADU’s was one of these
key areas. Both in the preparation of the City’s Review of Accessory Dwelling Units, as well as in
conversations associated with the Housing Summit, the city has heard overwhelming support from
residents and stakeholders about the value of ADU’s and the importance of boosting their creation
both from a regulatory perspective and through technical and design assistance. The framework for
amending the city’s zoning ordinances to encourage the creation of ADU’s was included in a
resolution unanimously supported by the City Council on October 7, 2019. The resolution referred this
item to a Joint Committee of the Planning Commission and City Council’s Ordinance Committee.
The enclosed zoning amendments are aimed at improving the regulatory framework for creating
ADU’s. Separately, CEDO and Homeshare VT are working together on a 3-year pilot program to
facilitate the development of accessory apartments to serve low-income and senior housing needs.
Using a $75,000 state Housing Revenue Fund grant, the program includes an outreach and
educational campaign, offers technical assistance to homeowners, will develop standard designs for
ADU’s, and perform marketing, screening, and matching services for prospective tenants and
homeowners.
More information about Accessory Dwelling Units in Burlington, and the proposed amendment can
be found online at: https://www.burlingtonvt.gov/mayor/housingpolicy/adu
Recommended Amendment Details
Amendment Type
Text Amendment Map Amendment Text & Map Amendment
Purpose Statement & Summary
The purpose of this amendment is to encourage the creation of accessory dwelling units
(ADU’s) throughout the city to support homeowners as they age in place, provide flexible
options to help owners afford and better utilize available space within their homes, and to
provide additional affordable housing options within existing neighborhoods.
This amendment modifies applicable ADU and other citywide general standards, including
enabling ADU’s as a permitted use in all zoning districts, creating an alternative maximum unit
size and lot coverage waiver process, and eliminating the parking requirement.
Proposed Amendments
The following changes are proposed to the Comprehensive Development Ordinance in order to
achieve these goals. These changes are detailed in the attached documents.
• Enable Accessory Dwelling Units as a permitted use for single-family homes in all zoning
districts by eliminating Sec. 5.4.5 (B), clarifying Sections 5.3.4 (a) 2.A and 5.3.4 (a) 2.C, and
deleting Accessory Dwelling Units from Appendix A- Use Table.
• Increase the maximum size for ADU’s to accommodate their location on lots with smaller
homes, by adding an alternative maximum size in Sec. 5.4.5 (A)(2).
• Allow for a portion of the lot coverage associated with a detached ADU to be exempt
based on a stormwater impact review provision within a new Sec 5.2.3 (b) 10, and noted in
Sec. 5.3.5 (a), in order to accommodate ADU’s on smaller lots.
• Eliminate the parking requirement associated with an ADU by deleting Sec.5.4.5(A)(4) and
enable stacked parking for ADUs within Sec. 8.1.14.
• Update the definition for ADU’s to remove conflicts with the special provisions in Sec.5.4.5.
Relationship to planBTV
This following discussion of conformance with the goals and policies of planBTV is prepared in
accordance with the provisions of 24 V.S.A. §4441(c).
Proposed Future Land Use & Density
The proposed amendment is intended to encourage the creation of ADU’s on lots or within
existing or newly constructed single-family homes throughout the city. Further, these changes
are intended to remove barriers faced by owners of small homes and/or small lots who are
presently unable to accommodate an ADU under the standards. Specifically, this amendment
addresses the 2019 planBTV policy to “modify land development and/or building ordinances
regarding ADU’s and create a program to incentivize their creation through technical
assistance, funding, and other means.” This is important as ADU’s enable new housing options
that not only serve the city’s changing demographics, but also conserve the existing scale,
mass, and design characteristics of neighborhoods.
Impact on Safe & Affordable Housing
This proposed amendment furthers the City of Burlington and the State of Vermont’s goals to
expand the availability of safe and affordable housing. By encouraging the creation of ADU’s,
the city is meeting the spirit of planBTV to expand the range of housing options available to
meet different and changing needs of households, including enabling residents to age in place,
augment household income to afford housing expenses, or secure new affordale housing in
established neighborhoods of the city.
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
Draft Amendment
prepared by:
City Staff, with
support of City
Council
Presentation to &
discussion by
Commission &
Council
Ordinance Cmte
10/15, 10/22,
10/30
Approved for
Public Hearing
10/30
Public Hearing
12/10/19
Approve &
forward to
Council
Continue
discussion
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
Excerpts of Article 5: Citywide General Regulations 1
Sec. 5.4.5 Accessory Dwelling Units 2
(a) Accessory Units, General Standards/Permitted Uses: 3
Where there is a primary structure on a lot which exists as an owner-occupied single family 4
residence, one accessory dwelling unit, that is located within or appurtenant to such single 5
family dwelling, shall be allowed as a permitted use if the provisions of this subsection are 6
met. An accessory dwelling unit means an efficiency or one- bedroom apartment that is 7
clearly subordinate to the primary dwelling, and has facilities and provisions for independent 8
living, including sleeping, food preparation, and sanitation. No accessory unit shall be 9
inhabited by more than two adult occupants. An accessory unit shall not be counted as a 10
dwelling unit for the purposes of density calculation. Additionally, there must be compliance 11
with all the following: 12
1. The property has sufficient wastewater capacity as certified by the Ddepartment of Ppublic 13
Wworks; and 14
2. The unit does not consist of more than 800 sq.ft., or 30 percent (30%) of the total habitable 15
floorGross Floor Aarea of the building of the primary home, inclusive of the accessory 16
dwelling unit, whichever is greater; and 17
3. Applicable setback and coverage requirements are met, except as provided for in Sec. 5.2.3 18
(b) 10; and 19
a. ; 20
3. One additional parking space which may be legally allocated to the accessory unit must 21
be provided for the accessory unit; and, 22
4. A deed or instrument for the property shall be entered into the land records by the owner 23
containing a reference to the permit granting the accessory unit prior to the issuance of 24
the certificate of occupancy for the unit. Such reference shall identify the permit number 25
and note that the property is subject to the permit and its terms and conditions including 26
owner occupancy. No certificate of occupancy shall be issued for the unit unless the 27
owner has recorded such a notice. 28
(b) Conditional Use Approval for Accessory Units: 29
If any of the following are also proposed, conditional use approval, as well as development 30
review provisions of Article 6 shall be required: 31
1. A new accessory structure; 32
2. An increase in the height or habitable floor area of the existing dwelling; 33
3. An increase in the dimensions of any parking area; 34
(c) Discontinuance of Accessory Units: 35
Approval of an accessory dwelling unit is contingent upon owner- occupancy of either the 36
single-familyprimary or accessory dwelling unit as a primary residence. For purposes of this 37
section, owner- occupancy means that, after the creation of the accessory unit all individuals 38
listed on the deed for the property must reside in the primary unit or in the accessory unit. If 39
neither the primary unit nor the accessory unit is no longer owner- occupied as a primary 40
residence, the approval for the accessory dwelling unit is void and the kitchen of the 41
accessory dwelling unit must be removed within 90 days with the entirety of the property 42
being occupied as a single unit. When an accessory unit that is the result of additional square 43
footage and/or a new accessory structure is proposed to be removed, revised floor plans 44
and a revised site plan shall be required to be submitted for review and approval. 45
Furthermore, where additional square footage is added to a single family home for purposes 46
of creating an accessory unit and the accessory unit is at any point discontinued, none of the 47
additional square footage shall be eligible for the purposes of increasing the number of 48
unrelated adults that may be allowed to inhabit the property. 49
Sec. 5.2.3 Lot Coverage Requirements 50
(a) As written 51
52
(b) Exceptions to Lot Coverage 53
In all districts, the following shall not be counted as lot coverage: 54
55
(1)-(9) As written 56
57
(10) The DRB may grant an exemption from maximum lot coverage limits for up to 650 sq.ft., 58
of the lot area occupied by an ADU. To grant such an exemption, the DRB must find that the 59
existing lot coverage has been lawfully created, and that the proposed location, site design, 60
and improvements will enable on-site management of the first one inch of stormwater runoff 61
from the lot area of the ADU exceeding the applicable lot coverage limit, and will not have 62
undue adverse impact on public rights of way based on the review of the DPW Stormwater 63
Program Manager. 64
Sec. 5.3.4 Nonconforming Uses 65
(a) Changes and Modifications: 66
A nonconforming use may be changed to a conforming use pursuant to all applicable 67
provisions of this ordinance. When a nonconforming use has been made conforming, it shall 68
not be made nonconforming again. 69
Any change or modification to a nonconforming use, other than to full conformity under this 70
Ordinance, shall only be allowed as specified below and shall require conditional use 71
approval pursuant to the provisions of Article 3, Part 5 by the DRB. 72
1. As written 73
74
2. Nonconforming Residential Use: 75
A change or expansion of a non-conforming residential use may be allowed subject to 76
conditional use approval pursuant to the provisions of Article 3, Part 5 by the DRB 77
provided: 78
79
A. Such an expansion does not add any dwelling units except as may be permitted for 80
adaptive reuse or residential conversion bonuses approved per the provisions of Sec. 81
4.4.5(d)(7) and for Accessory Dwelling Units per the provisions of Sec.5.4.5.; 82
B. Such an expansion does not increase the degree of non-conformity of any non-83
conforming structure; and, 84
C. In such cases where the non-conforming residential use is located in a zoning district 85
where residential uses are generally permitted, expansion of a non-conforming 86
residential uses into an existing and previously uninhabited attic or basement within 87
the principle structure may be permitted subject to administrative review provided no 88
additional dwelling units are created, except for Accessory Dwelling Units per 89
Sec.5.4.5. 90
91
Sec. 5.3.5 Nonconforming Structures 92
93
(a) Changes and Modifications 94
Nothing in this Part shall be deemed to prevent normal maintenance and repair or structural 95
repair, or moving of a non-complying structure pursuant to any applicable provisions of this 96
Ordinance. 97
Any change or modification to a nonconforming structure, other than to full conformity under 98
this Ordinance, shall only be allowed subject to the following: 99
1. Such a change or modification may reduce the degree of nonconformity and shall 100
not increase the nonconformity except as provided below. 101
Within the residential districts, and subject to Development Review Board approval, 102
existing nonconforming single-family homes and community centers (existing 103
enclosed spaces only) that project into side and/or rear yard setbacks may be 104
vertically expanded so long as the expansion does not encroach further into the 105
setback than the existing structure. Such expansion shall be of the existing 106
nonconformity (i.e. setback) and shall: 107
i) Be subject to conformance with all other dimensional requirements (i.e. 108
height, lot coverage, density and intensity of development); 109
ii) Not have an undue adverse impact on adjoining properties or any public 110
interest that would be protected by maintaining the existing setbacks; and, 111
iii) Be compatible with the character and scale of surrounding structures. 112
Existing accessory buildings of 15 feet in height or less shall not exceed 15 feet tall as 113
expanded. 114
Within all districts, and subject to the Development Review Board approval, 115
structures for the purpose of creating an ADU may be constructed on lots with legally 116
non-conforming lot coverage per Sec.5.2.3 (b) 10. 117
2. Such a change or modification shall not create any new nonconformity; and, 118
3. Such a change or modification shall be subject to review and approval under the 119
Design Review provisions of Article 3, Part 4. 120
121
Sec. 8.1.14 Stacked and Tandem Parking Restrictions 122
Except as otherwise provided below, all parking facilities shall be designed so that each 123
motor vehicle may proceed to and from the parking space provided for it without the moving 124
of any other motor vehicle. 125
(a) Stacked or valet parking may be allowed if an attendant is present to move vehicles. If 126
stacked parking is used for required parking spaces, a written guarantee must be filed 127
with the City ensuring that an attendant will always be present when the lot is in 128
operation. The requirements for minimum or maximum spaces continue to apply for 129
stacked parking. 130
(b) Tandem Parking may be allowed for single family detached dwelling units, accessory 131
apartments, duplex dwelling units, and dedicated employee-only parking signed as such. 132
In no case shall more than 4 parking spaces (2 pairs) in total be provided in tandem on 133
any one lot. 134
(b)(c) Stacked parking shall be allowed for single-family detached dwelling units and 135
Accessory Dwelling Units with no requirement for an attendant to be present. 136
137
Excerpt of Article 13: Definitions 138
139
Accessory Dwelling Unit or Apartment (ADU): An efficiency or one-bedroom apartment that is 140
clearly subordinate to a single-family dwelling, and has facilities and provisions for independent 141
living, including sleeping, food preparation, and sanitation., provided the unit does not exceed 30% of 142
the total habitable floor area of the single-family dwelling. 143
Tandem
Normal
Stacked
Proposed changes to Appendix A Use Table per ZA-20-03 Accessory Dwelling Units
Excerpt of Appendix A- Use Table
Urban
Reserve
Recreation, Conservation & Open
Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise
USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC-
RC NAC-CR E-AE E-LM
RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC-
RC NAC-CR E-AE E-LM
Single Detached Dwelling N N 1 N N Y Y Y N30 N30 N N N30 N30 N30 N30 N30 N N N
Accessory Dwelling Unit
(See Art.5, Sec.5.4.5) N N N N Y Y Y N N N N N N N N N N
Attached Dwellings -
Duplex N N1 N N Y CU 2 Y Y N N N N N Y 3 N Y N N N
Attached Dwellings -
Multi-Family (3 or more) N N1 N N CU N Y Y Y Y N Y Y Y Y Y Y N N
Attached Dwelling(s) –
Mixed-Use26 N N1 N N CU CU CU CU Y Y N Y Y Y Y Y Y N N