HomeMy WebLinkAboutAgenda - Planning Commission - 12/17/2019South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Special Meeting Tuesday, December 17, 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. Continue Review 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. Possible action to approve and submit proposed amendments and Report to City Council (7:35 pm)
7. Meeting Minutes (7:45 pm): December 11, 2018, November 26, 2019, December 10, 2019
8. Other Business (7:50 pm)
9. Adjourn (7:55 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
South Burlington Planning Commission Meeting Participation Guidelines
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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
SUBJECT: Inclusionary Zoning / Affordable Housing post-hearing modifications
DATE: December 17, 2019 Planning Commission special meeting
Enclosed with your packet please find the proposed amended LDR language for Inclusionary Zoning and
Affordable Housing Density Bonus. This draft incorporates the following:
• Modifications proposed by the Affordable Housing Committee (AHC) during the public hearing
review period, outlined in the memo to the Commission on 12/10/2019 and presented that
evening
• Completed legal review of the entire set of amendments, including those proposed by the AHC
• Proposed further modifications as requested by the Commission on 12/10/2019. These are each
discussed below.
Key to the enclosed documents
For ease and clarity of reading, staff has attached the proposed language in two formats:
• Full red-line version. This version shows all changes from the current, adopted language in the
Land Development Regulations. Additions are in red underline; deletions are in red
strikethrough. In the margins, staff has included comments listing every change made to the
version that the Planning Commission warned a public hearing for back in October (for the
hearing on 12/10). Comments in blue show the changes proposed by the AHC; those in yellow
highlight are about changes made after the PC’s hearing last week.
• Clean version. This version is a completely clean version of what the LDRs would look like if
adopted.
Review and discussion of possible changes following the Commission’s 12/10 Public Hearing
Following last Tuesday’s Planning Commission public hearing on possible amendments to the
Inclusionary Zoning & Affordable Housing Density Bonus provisions of the Land Development
Regulations, staff was requested to look into a handful of items and report back with possible
modifications.
Those providing input on these topics at the hearing were invited to provide suggestions in writing if
they chose, which staff would compile, develop recommendations for the Commission, and review these
with John Simson and Sandy Dooley of the Affordable Housing Committee.
2
Staff received emails from Patrick O’Brien of SD Ireland, and Evan Langfeldt and Andrew Gill from
O’Brien Brothers Agency. Andrew Gill’s email included a letter, enclosed.
The following modifications are the result of these steps. Staff has incorporated the recommendations
below into the draft amendments attached to this memo. This memo also points to where additional or
different suggestions were provided, and how staff, John, and Sandy came to our recommendation.
1. Continued affordability; resale price
Proposed language considered at public hearing: The AHC had made a proposal as part of the
public hearing to limit resale price of inclusionary dwelling as follows:
18.01(D)(5)(1) Provisions to ensure the affordability of units offered for sale shall include a
formula for limiting the resale price to whatever is the higher of what the seller bought it for plus
2% for each year of ownership, or what is affordable to a household at 80% AMI at the time of
resale.
[note, the 2% was an addition based on the input the Commission asked the AHC to undertake]
Input at hearing: A resident recommended the Commission change the 2% figure to the consumer
price index (CPI). Discussion followed on how to most accurately calculate this.
Review post-hearing:
• Representatives from SD Ireland and O’Brien Brothers Agency both recommended the figure be
kept at 2%, for ease of use and because, in their evaluations, the CPI has tracked closely to 2%
for the past decade or more.
• Leslie Black-Plumeau from the Affordable Housing Committee reviewed this as well and found
that the “overall trend here is for household income to rise at 2.7%/year. This means the 2% is
exactly where we want it to be… an assurance that there will be some appreciation, but
probably won’t yield a higher allowable sales price than setting the price at what is affordable
for a household at 80% AMI.”
• Staff ran calculations on 2% interest, compounding and non-compounding, for comparison
Staff Recommendation: Staff, John, and Sandy recommend the language be kept as proposed, with
the clarification that the 2% be non-compounding.
18.01(D)(5)(1) Provisions to ensure the affordability of units offered for sale shall include a
formula for limiting the resale price to whatever is the higher of what the seller bought it for plus
2% for each year of ownership (non-compounding), or what is affordable to a household at 80%
AMI at the time of resale.
2. Number of bedrooms required for inclusionary units and build-to suit circumstances
Proposed language considered at public hearing: The AHC had made a proposal as part of the
public hearing to limit resale price of inclusionary dwelling as follows:
18.05(C)(2)(b)
(iii) Inclusionary units may differ from market rate units with regard both to interior amenities and
to above grade living area. However, the above grade living area of inclusionary units shall be
either: no smaller than 90% of the average (mean) above grade living area of market rate units
with the same number of bedrooms in the development; or a minimum of 450 square feet for
3
studios, 650 square feet for 1-bedrooms, 900 square feet for 2-bedrooms, and 1,200 square feet
for 3 or more bedrooms.
…
(v) The number of bedrooms in inclusionary rental 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.
(vi) The number of bedrooms in inclusionary ownership units shall not be reduced by more than
one less bedroom than the number of bedrooms offered in the market rate units, on a proportional
basis. A future bedroom shall be planned for at initial construction to have adequate egress to
accommodate “future finished area” spaces for one additional bedroom, for example, if applicable
(but not limited to) in a lower level, attic or over a garage space.
[note, the change to create an the option to either use a minimum unit size or have units be
90% of a size of market rate ones (rather than a straight 70% requirement), and the option to
have one bedroom fewer if a reconfiguration is possible, were additions based on the input the
Commission asked the AHC to undertake]
Input at hearing:
• O’Brien Brothers Agency reported that calculating average number of bedrooms with build-
to-suit units can be difficult or unknown
• O’Brien Brothers Agency reported that the mechanism for allowing a unit to be expanded
may not work in all circumstances and that buyers of inclusionary units in a development
may wish to have fewer bedrooms without the additional unit size.
Review post-hearing:
• O’Brien Brothers provided a recommendation that average number of bedrooms be based
on an estimate at the time of development review
• O’Brien Brothers provided a recommendation that inclusionary units, on average, be not
less than one bedroom less than market rate units’ estimated number of bedrooms.
• Possible alternatives were examined and considered by members of the AHC
Staff Recommendation: Staff, John, and Sandy recommend the following changes:
• To account for build-to suit, average number of bedrooms would be calculated based on an
estimate provided as part of development review. For projects involving more than 50 total
dwelling units, the average must be re-evaluated after each interval of 50 dwelling units.
• For number of bedrooms, the Committee’s original proposal requiring that the average
number of bedrooms for inclusionary and market rate units match is recommended to be
kept. For inclusionary units, up to one bedroom per dwelling unit can remain unfinished at
time of sale.
18.05(C)(2)(b)(iii),(v),(vi)
(iii) Inclusionary units may differ from market rate units with regard both to interior amenities and
to above grade living area. However, the above grade living area of inclusionary units shall be
4
either: no smaller than 90% of the average (mean) above grade living area of market rate units
with the same number of bedrooms in the development; or a minimum of 450 square feet for
studios, 650 square feet for 1-bedrooms, 900 square feet for 2-bedrooms, and 1,200 square feet
for 3 or more bedrooms.
…
(v) The number of bedrooms in inclusionary rental 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. An estimate of the number/total bedrooms
provided to the DRB may be used where exact numbers are unknown. For projects involving 50 or
more dwelling units, the estimate shall be revised at each interval of 50 dwelling units.
(vi) Up to one (1) bedroom in any inclusionary ownership unit may be provided unfinished at the
time of sale. The number of bedrooms in inclusionary ownership units shall not be reduced by more
than one less bedroom than the number of bedrooms offered in the market rate units, on a
proportional basis. A future bedroom shall be planned for at initial construction to have adequate
egress to accommodate “future finished area” spaces for one additional bedroom, for example, if
applicable (but not limited to) in a lower level, attic or over a garage space.
3. Integration of affordable units
Proposed language considered at public hearing: The AHC had made a proposal as part of the
public hearing to limit resale price of inclusionary dwelling as follows [this mirrors the language
currently in the Affordable Housing Density Bonus section]:
18.05(C)(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. The inclusionary 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 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. There shall be no indications from common areas that these units are
inclusionary units.
Input at hearing: There was substantial input provided on this item. Recommendations for clarity
were made from residents and from representatives of O’Brien Brothers Agency. In addition, clarity
on allowing inclusionary units to be sited together in a building from a qualified non-profit was
recommended from O’Brien Brothers Agency. Staff urged that the Commission be clear on its
expectations regardless of policy decision.
Review post-hearing:
• Representatives O’Brien Brothers Agency provided a recommendation to use the current
language in the affordable housing bonus chapter, with additional clarifications, to provide
direction to the DRB and also afford them flexibility
• Members of the AHC considered language that would set numerical thresholds for integration of
inclusionary units
5
• Staff is concerned that the draft amendments, as presented, provide little clarity on the form of
inclusionary units where there is any mix in the PUD of housing types.
Staff Recommendation: Staff, John, and Sandy recommend some edits that incorporate both of the
sets of input above. The recommended approach uses the current language from the Affordable
Housing Density Bonus, adds direction as recommended by O’Brien Brothers, but is written with
little more clarity to the DRB so as to not have ambiguous standards.
18.05(C)(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. The inclusionary 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 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. There shall be no indications from common areas that these units are
inclusionary units.
The Development Review Board shall allow the placement of required inclusionary units in a single
structure or in multiple structures, provided the scale and placement of the structures are
themselves integrated into the Project site plan.
4. ADDITIONAL ITEMS
As part of this review, two additional requests were made by O’Brien Brothers for modifications,
and one additional item was identified by staff. Each is addressed below
A. Master Plans; involvement of prior phases
Request:
O’Brien Brothers requested that the language specifically enable housing in a previously-
approved master plan area to be used, if the applicant elects, to meet inclusionary requirements
of an additional adjacent Master Plan by the same developer.
Staff’s recommendation
The LDRs have historically allowed for a PUD or Master Plan to be expanded. In doing so, all
parts of the PUD or Master Plan are subject to the standards of the LDRs. Staff recommends this
overall approach be continued. That approach is contained within the draft amendments as
written and would allow a Master Plan to be expanded if the inclusionary requirements were
met for the entire master plan.
18.01(B)(2)
…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
6
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. [language already in existence; emphasis added]
B. Lot Coverage Maximums for Affordable and Bonus Units
Request:
O’Brien Brothers described in their letter a concern that bonus offset units may not be available
if overall site coverage is already a limiting factor, and requested that bonus units and affordable
units not be counted against coverage limitations.
Staff recommendation:
Staff recommends that for the timebeing, this request not be pursued. As part of the
PUD/Subdivision project, and as part of TDRs, lot coverage is being examined. It would be
premature for an amendment in this instance. Further, this would be challenging to measure.
B. Applicability of standards on lots/PUD crossing Inclusionary Zoning boundaries
Recommendation:
Staff identified that the draft regulations are unclear on applicability of these standards where a
parcel or PUD is located partially in, and partially outside the identified applicable areas (the
Transit Overlay District does not follow parcel lines in all cases). There are a handful of
properties along Williston Road and Shelburne Road that would be affected by this. Staff, Sandy,
and John recommend that in these rare instances, the entirely of the parcel or PUD be subject to
the provisions of this section.
18.01(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; and,
(d) The entire area of a parcel or PUD, whichever is greater, that includes land that
otherwise applies in this section
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 1
ARTICLE 2 DEFINITIONS
2.02 Specific Definitions
Affordable housing. this shall meanHousing that is either of the following:
(A) Housing that is oOwned 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 (HUD), 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 rRented 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 DevelopmentHUD, 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. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals
related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single
housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of
individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each
individual household member’s relationship, if any, to other members of the household.
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
Inclusionary ownership unit. A dwelling unit:
(1) The sales price for which does not exceed the maximum price for inhabitants whose gross annual
household income does not exceed 80% of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), which is calculated using a HUD formula that defines a unit-specific
household size based on dwelling unit size (i.e. number of bedrooms); and
Commented [A1]: Minor wording clarifications
per legal review 12/12/2019
Commented [A2]: Consolidated existing
definition of “household” and proposed new term
“household size” per legal review 12/12/2019
Commented [A3]: Proposed version included a
new definition, for inclusionary housing. Removed
and consolidated into other definitions per legal
review, 12/12/2019
Commented [A4]: Definition reworded per legal
review, 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 2
(2) Which is owned by its inhabitants, whose gross annual household income at time of purchase
does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for athe
household size; and
(3) The sales price for which shall remain perpetually affordable atto households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
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 unit. A dwelling unit:
(1) The rent for which does not exceed the maximum price calculated for inhabitants whose gross
annual household income does not exceed 80% of the median income for the Burlington-South Burlington
MSA, to which the unit is targeted, and which is calculated using a HUD formula that defines a unit-specific
household size based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is
targeted; and
(2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy
does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The rent for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
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 is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit.
Commented [A5]: Definition reworded per legal
review, 12/12/2019
Commented [A6]: Minor rewording per legal
review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 3
18. AFFORDABLE HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus
18.03 Housing Preservation
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
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;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 4
(b) The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay
District;
(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; and
(d) The entire area of a parcel or PUD, whichever is greater, that includes land that otherwise
applies in this section.
(2) Covered Development.
(a) 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, Planned Unit Development, new construction, or the conversion of an existing structure
or structures from non-residential to residential use.
(b) In addition, the provisions of this section shall apply to any development that will result in the
creation of twelve (12) or more units of any other form of permanent housing, including but not
limited to housing units within a housing facility that is reviewed and approved as a congregate care
facility, with the exceptions in (3)(b) below. These housing units shall be treated as rental dwelling
units for purposes of determining the minimum percentage that must be Inclusionary Rental Units. No
Residential Unit Offset or Density Bonus may apply for any type of housing unit for which these
regulations do not establish a numerical density limitation. When a development includes both
dwelling units and housing units permitted as congregate care housing, the number of required
inclusionary units shall be determined by the sum of the dwelling units and the housing units
contained in the congregate care facility, and distributed proportionally between the two uses.
Example: in a development with 40 congregate care housing units and 20 rental residential dwelling
units, six (6) of the congregate care housing units are required to be Inclusionary units and three (3)
of the residential dwelling units are required to be Inclusionary units.
(c) For purposes of this requirement, two or more developments shall be aggregated and
considered as one development subject to this section if:
(a i) The developments are located on abutting properties; and
(b ii) The developments are owned or controlled by the same person; and
(ciii) Either:
(iI) 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
(IIii) 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.
Commented [A7]: Staff recommended
clarification per 12/17/2019 memo to Commission
Commented [A8]: Added by AHC during public
hearing review period, 12/4/2019
Commented [A9]: Reworded per legal review
12/12/2019
Commented [A10]: Added by AHC during public
hearing review period to clarify how congregate care
and other dwellings not treated as “residential” for
density purposes in the regulations are regulated
Commented [A11]: For Review: earlier this
section refers to “all other forms of permanent
housing”, and starting here it refers to “congregate
care”. Clarify. 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 5
(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 having incomes 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. Inclusionary Rental Units and 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 Inclusionary Ownership Units. Prior to or upon
request for the Certificate of Occupancy the applicant shall notify the City whether the units will be
Inclusionary Rental Units or Inclusionary Ownership Units so that the City, or its designee, may confirm
that the offered rents or sales prices meet these requirements prior to issuance of the Certificate of
Occupancy. In addition:
(a) 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 a covered development results in 12 or more lots that are sold prior to development,
10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements.
(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. The
inclusionary 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
Commented [A12]: Consolidation of terms and
minor rewording per legal review 12/12/2019
Commented [A13]: Added by AHC as during
public hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 6
the proposed housing development in the same proportion as 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. There shall be no indications from
common areas that these units are inclusionary units.
The Development Review Board shall allow the placement of required inclusionary units in a single
structure or in multiple structures, provided the scale and placement of the structures are themselves
integrated into the Project site plan.
(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) Iinclusionary units may differ from market rate units with regard both to interior amenities
and to above grade living gross floor area. However, the above grade living area of inclusionary
units shall be either: The average (mean) gross floor area of all inclusionary units, however, shall
not be less smaller than 790% of the average (mean) above grade living gross floor area of market
rate units with the same number of bedrooms in the development; or .a minimum of 450 square
feet for studios, 650 square feet for 1-bedrooms, 900 square feet for 2-bedrooms, and 1,200
square feet for 3 or more bedrooms.
(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) Inclusionary units shall have the same number of bedrooms as the market rate units have,
on a proportional basis. An alternative to precise proportionality is for the average number of
bedrooms in the inclusionary units to be no fewer than the average number of bedrooms in the
market units. An estimate of the number/total bedrooms provided to the DRB may be used where
exact numbers are unknown. For projects involving 50 or more dwelling units, the estimate shall
be revised at each interval of 50 dwelling units.
(vi) Up to one (1) bedroom in any Inclusionary Ownership Unit may be provided unfinished at
the time of sale
(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. Multifamily buildings containing the last 10%
of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued
Commented [A14]: Added by AHC during public
hearing review period. This is the current language
contained in the Affordable Housing Density Bonus
section. 12/4/2019
Commented [A15]: Staff proposed addition
following public hearing. See PC memo 12/17/2019
Commented [A16]: Subsection amended by
AHC during public hearing review period. Changes
include:
- providing option for either a minimum unit s.f. by
number of bedrooms or 90% of average of market
rate
- calculating s.f. for the purposes of this section is
above-grade living area, not gross area. 12/4/2019
Commented [A17]: Minor rewording per legal
review 12/12/2019
Commented [A18]: Added post PC hearing; see
PC memo 12/17/2019
Commented [A19]: Added post PC hearing; see
PC memo 12/17/2019. Replaces prior proposal from
AHC to allow for a “future finished area” to be
accommodated.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 7
for all inclusionary units in the building, 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 basis 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 is
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 Inclusionary Rental Units, the maximum monthly rent that may be charged 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). When any component of the rental housing costs is excluded, the
maximum rent that may be charged is reduced accordingly.
(b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may
be required to pay 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).
(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) Housing costs used to calculate the affordability of inclusionary units shall include:
(I) For Inclusionary Rental Units – rent (inclusive of any condominium or homeowners’
association fees) and utilities (water, electricity and heating costs).
(II) (ii) For sale Inclusionary Ownership 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 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. 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.
Commented [A20]: Added by AHC during public
hearing review period. 12/4/2019. Minor legal
rewording thereafter. 12/12/2019
Commented [A21]: Minor rewording per legal
review 12/12/2019
Commented [A22]: Minor rewording per legal
review 12/12/2019
Commented [A23]: Minor rewording in this
section per legal review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 8
(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
(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. 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 rental units
so long as their combined household income does not exceed 80% AMI.
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.
Commented [A24]: Minor rewording per legal
review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 9
(a)(b) For home-buyers, households, regardless of household size, are eligible for inclusionary
ownership 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 with a rent
or purchase price linked to a household size (derived from number of bedrooms) that is not the same
as the Eeligible 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 with an
AMI target that 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 for which the 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 for which the purchase price is targeted to 80% of AMI.
(c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whosefor
which the housing costs exceed 30% of the Eeligible 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 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, or their designee, 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 formula for limiting the resale price to whatever is the higher of the purchase price the seller paid
plus 2% for each year of ownership (non-compounding), or what is affordable to a household at 80%
AMI at the time of resale. 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 Eligible households are those having
incomes no greater than 100% AMI at the time of purchase. In addition, the City shall have the option
to purchase or transfer its option to purchase Inclusionary Ownership Units at each future time of
Commented [A25]: Minor rewording per legal
review 12/12/2019
Commented [A26]: Minor rewording per legal
review 12/12/2019
Commented [A27]: Added by AHC during public
hearing review period 12/4/2019
Commented [A28]: Minor rewording
throughout this subsection of most recent draft per
legal review 12/12/2019
Commented [A29]: Added by AHC during public
hearing review period 12/4/2019
Commented [A30]: Staff recommendation
following PC public hearing. See PC memo
12/17/2019
Commented [A31]: Clarification added by AHC
during public hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 10
resale. In addition, any covenant shall have language to ensure the continuing affordability of
Inclusionary Rental Units if the unit or property offered for sale instead will be offered for rental.
(i) The seller or his/her representative shall notify the City Manager or his/her designee of the
prospective sale of an Inclusionary Ownership Unit;
(ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund Committee, shall then have an exclusive option for thirty (30) days to purchase the
Inclusionary Ownership 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 Committee, fails to exercise such option by failing to negotiate and sign a purchase and sale
agreement for purchase of the Inclusionary Ownership Unit, or declaring an intent not to exercise
such option, the seller shall offer the Inclusionary Ownership Unit for purchase to income-eligible
households in accordance with the requirements of subsection 18.01(D)(5)(a) (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 Inclusionary Ownership Unit to a 501(c)(3) organization whose primary purpose is
the supply of affordable housing in perpetuity. Upon the decision to exercise this transfer option,
the City Manager or his/her designee shall notify the seller of such assignment. The organization
to which the City has assigned the option 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 Inclusionary rRental uUnits
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 or his/her designee;
(c) Sublet Restrictions. Provisions for inclusionary rRental uUnits shall prohibit the subletting of
units at rental rates and/or to households 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
units and the household incomes at move-in, based on documentation provided by tenant for owner’s
completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and
household income maximums haveincomes 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
Commented [A32]: Added by AHC during public
hearing review period 12/4/2019
Commented [A33]: Legal Review ongoing. Final
recommendation to be provided by PC meeting
12/17/2019
Commented [A34]: Added for clarification by
the AHC during public hearing review period
12/4/2019
Commented [A35]: Minor rewording per legal
review 12/12/2019
Commented [A36]: Added by AHC during public
hearing review period 12/4/2019
Commented [A37]: Added by AHC during public
hearing review period 12/4/2019
Commented [A38]: Minor rewording per legal
review 12/12/2019
Commented [A39]: Reworded by AHC during
public hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 11
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 permitthe date of the
decision approving for the covered development, the required number of inclusionary units on
another site parcel within the same contiguous underlying zoning district in which the covered
development is located City Center Form Based Codes District, or contracting with another entity to
construct the required number of units within the same contiguous underlying 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 units in the City Center Form Based Codes
District. Off-site means outside the boundaries of the lot on which the covered development is
located.
(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. These credit
inclusionary units earned under these provisions are ineligible for offset or bonus units.
(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. These credit
inclusionary units earned under these provisions are ineligible for offset or bonus units.
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 Inclusionary Rental Unit that
is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership
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).
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.
Commented [A40]: Minor rewording of this
section per legal review 12/12/2019
Commented [A41]: Added by AHC during public
hearing review period 12/4/2019
Commented [A42]: Added by AHC during public
hearing review period 12/4/2019
Commented [A43]: Minor rewording of this
section per legal review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 12
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 allowed. 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), then upon the applicant’s request, the development shall receive, in addition to the offset
units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental
Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of
50% more than the base density permitted in the zoning district. 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 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).
Commented [A44]: Minor rewording per legal
review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 13
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 allowed. However, since density is not a dimensional requirement in the City Center Form
Based Code dDistricts, this section is not relevant in that District.
(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 inclusionary units any 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 ownership unit included
voluntarily, up to a maximum density of 50% more than the base density. The density bonus units are not
subject to the inclusionary affordability requirements.
*
FI. 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;
(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) 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) Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or
his/her designee or 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
Commented [A45]: Minor rewording per legal
review in this section 12/12/2019
Commented [A46]: Staff removed section on
limited parking minimum as they are no longer
relevant 12/12/2019
Commented [A47]: Section removed per legal
review: Since covered developments are reviewed
as part of a PUD, etc., the review and decision
administration is already covered elsewhere in the
LDR. 12/12/2019
Commented [A48]: Added by AHC during public
hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 14
be necessary to implement this program. The Housing Authority, or City Manager or his/her designee, or
other municipal entity, or non-profit organization shall define and implement eligibility priorities,
continuing eligibility standards and enforcement, and rental and sales procedures.
(3) 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.
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) qualifying comparable below market rate unit must be provided. Such application shall
Commented [A49]: Added by AHC during public
hearing review period 12/4/2019
Commented [A50]: Added by AHC during public
hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 15
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
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 floorabove grade living area per affordable dwelling unit
shall not be lessbe no smaller than 70% of the average above grade living area of the comparable
market-rate units in the housing development.
(c) Plan for Continued Affordability. The standards for Section 18.01(D)(5) and (6) shall apply.
(i) Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply.
(4) Administration. The City of South Burlington Housing Authority, if any, the City Manager and/or
his/her designees, 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
Commented [A51]: Changed by AHC during
public hearing review period 12/4/2019
Commented [A52]: AHC replaced prior proposal
during public hearing review period 12/4/2019
Commented [A53]: Added by AHC during public
hearing review period 12/4/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 16
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;
(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:
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 17
(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.
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;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 18
(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
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.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 19
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.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 20
NOTE - The following includes Inclusionary Zoning amendments to other LDR Articles:
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 conditioned upon the requirements below.
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 that are
Inclusionary Units within the applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning
Districts and Locations 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.
Commented [A54]: Added by AHC during public
hearing review period 12/4/2019
Commented [A55]: A portion of the proposed
language in this section was removed due to
redundancy per legal review 12/12/2019
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 1
ARTICLE 2 DEFINITIONS
2.02 Specific Definitions
Affordable housing. Housing that is either of the following:
(A) Owned by its inhabitants, whose gross annual household income does not exceed one-hundred
percent (100%) 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 (HUD), 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) Rented by its inhabitants whose gross annual household income does not exceed eighty percent
(80%) of the median income for the Burlington-South Burlington MSA, as defined by HUD, 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 homeownership. This definition, however, does not
apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA §4414(7), and Section 18.01
of this ordinance.
Household. A group of between one (1) and four (4) unrelated individuals, or one (1) or more individuals
related by blood, marriage, adoption and/or fosterage, occupying a dwelling unit and living as a single
housekeeping unit. For the purposes of Inclusionary Zoning, the Household Size is the total number of
individuals (adults and children) in the household that will occupy an Inclusionary Unit, regardless of each
individual household member’s relationship, if any, to other members of the household.
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 ownership unit. A dwelling unit:
(1) The sales price for which does not exceed the maximum price for inhabitants whose gross annual
household income does not exceed 80% of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), which is calculated using a HUD formula that defines a unit-specific
household size based on dwelling unit size (i.e. number of bedrooms); and
(2) Which is owned by its inhabitants, whose gross annual household income at time of purchase
does not exceed 100% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The sales price for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 2
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 unit. A dwelling unit:
(1) The rent for which does not exceed the maximum price calculated for inhabitants whose gross
annual household income does not exceed 80% of the median income for the Burlington-South Burlington
MSA, to which the unit is targeted, and which is calculated using a HUD formula that defines a unit-specific
household size based on dwelling unit size (i.e. number of bedrooms) to which the inclusionary unit is
targeted; and
(2) Which is rented by inhabitants whose gross annual household income at time of initial occupancy
does not exceed 80% of the median income for the Burlington-South Burlington MSA, adjusted for the
household size; and
(3) The rent for which shall remain perpetually affordable to households with a gross annual
household income that does not exceed 80% of the median income for the Burlington-South Burlington
MSA;
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 is either an Inclusionary Ownership Unit or an Inclusionary Rental Unit.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 3
18. AFFORDABLE HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus
18.03 Housing Preservation
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 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;
(3) 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));
(4) 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 applicable locations;
(5) To promote the integrated development of mixed-income housing in the applicable locations,
including a range of housing options needed to strengthen, diversify, and contribute to the vitality of the
South Burlington community;
(6) To promote the development of affordable housing opportunities that are available in locations
accessible to goods and services and served by existing or planned public transit services;
(7) To ensure that affordable housing units developed under inclusionary zoning remain perpetually
affordable.
(8) To provide integrated development incentives that contribute to the economic feasibility of
providing affordable housing units.
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;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 4
(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; and
(d) The entire area of a parcel or PUD, whichever is greater, that includes land that otherwise
applies in this section.
(2) Covered Development.
(a) 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 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, Planned Unit Development, new
construction, or the conversion of an existing structure or structures from non-residential to
residential use.
(b) In addition, the provisions of this section shall apply to any development that will result in the
creation of twelve (12) or more units of any other form of permanent housing, including but not
limited to housing units within a housing facility that is reviewed and approved as a congregate care
facility, with the exceptions in (3)(b) below. These housing units shall be treated as rental dwelling
units for purposes of determining the minimum percentage that must be Inclusionary Rental Units. No
Residential Unit Offset or Density Bonus may apply for any type of housing unit for which these
regulations do not establish a numerical density limitation. When a development includes both
dwelling units and housing units permitted as congregate care housing, the number of required
inclusionary units shall be determined by the sum of the dwelling units and the housing units
contained in the congregate care facility, and distributed proportionally between the two uses.
Example: in a development with 40 congregate care housing units and 20 rental residential dwelling
units, six (6) of the congregate care housing units are required to be Inclusionary units and three (3)
of the residential dwelling units are required to be Inclusionary units.
(c) For purposes of this requirement, two or more developments shall be aggregated and
considered as one development subject to this section if:
(i) The developments are located on abutting properties; and
(ii) The developments are owned or controlled by the same person; and
(iii) 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.
(3) 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.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 5
C. Inclusionary Units
(1) For covered development, at least fifteen percent (15%) of the total dwelling units offered for
rent shall be Inclusionary Rental Units and 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 Inclusionary Ownership Units. Prior to or upon request for the Certificate of Occupancy the
applicant shall notify the City whether the units will be Inclusionary Rental Units or Inclusionary Ownership
Units so that the City, or its designee, may confirm that the offered rents or sales prices meet these
requirements prior to issuance of the Certificate of Occupancy. In addition:
(a) 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 a covered development results in 12 or more lots that are sold prior to development,
10% of the lots must include deed restrictions that satisfy these inclusionary zoning requirements.
(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. The inclusionary 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
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. There shall be no indications from common areas that these units are inclusionary units.
The Development Review Board shall allow the placement of required inclusionary units in a single
structure or in multiple structures, provided the scale and placement of the structures are themselves
integrated into the Project site plan.
(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 above grade living area. However, the above grade living area of inclusionary units shall be
either: no smaller than 90% of the average (mean) above grade living area of market rate units
with the same number of bedrooms in the development; or a minimum of 450 square feet for
studios, 650 square feet for 1-bedrooms, 900 square feet for 2-bedrooms, and 1,200 square feet
for 3 or more bedrooms.
(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
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 6
accommodated in duplexes or multi-family dwellings that resemble the market rate single-family
dwellings,.
(v) Inclusionary units shall have the same number of bedrooms as the market rate units have,
on a proportional basis. An alternative to precise proportionality is for the average number of
bedrooms in the inclusionary units to be no fewer than the average number of bedrooms in the
market units. An estimate of the number/total bedrooms provided to the DRB may be used where
exact numbers are unknown. For projects involving 50 or more dwelling units, the estimate shall
be revised at each interval of 50 dwelling units.
(vi) Up to one (1) bedroom in any Inclusionary Ownership Unit may be provided unfinished at
the time of sale
(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. Multifamily buildings containing the last 10%
of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued
for all inclusionary units in the building, 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 basis 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 is
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) Maximum rent and purchase prices.
(a) For Inclusionary Rental Units, the maximum monthly rent that may be charged 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). When any component of the rental housing costs is excluded, the
maximum rent that may be charged is reduced accordingly.
(b) For Inclusionary Ownership Units, the maximum monthly housing cost that the owner(s) may
be required to pay 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).
(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.
(i) Housing costs shall include:
(I) For Inclusionary Rental Units – rent and utilities (water, electricity and heating costs).
(II) For Inclusionary Ownership 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.
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(ii) Area Median Incomes (AMI) Targets. 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”.
(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. 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 rental units
so long as their combined household income does not exceed 80% AMI.
(b) For home-buyers, households, regardless of household size, are eligible for inclusionary
ownership 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 with a rent
or purchase price 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 with an
AMI target that 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 for which the 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 for which the purchase price is targeted to 80% of AMI.
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(c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit for which
the 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.
(5) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing
from the date of initial occupancy, through a deed restriction, restrictive covenant, or 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, or their designee, 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 formula for limiting the resale price to whatever is the higher of the purchase price the seller paid
plus 2% for each year of ownership (non-compounding), or what is affordable to a household at 80%
AMI at the time of resale. Eligible households are those having incomes no greater than 100% AMI at
the time of purchase. In addition, the City shall have the option to purchase or transfer its option to
purchase Inclusionary Ownership Units at each future time of resale. In addition, any covenant shall
have language to ensure the continuing affordability of Inclusionary Rental Units if the unit or property
offered for sale instead will be offered for rental.
(i) The seller or his/her representative shall notify the City Manager or his/her designee of the
prospective sale of an Inclusionary Ownership Unit;
(ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund Committee, shall then have an exclusive option for thirty (30) days to purchase the
Inclusionary Ownership 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 Committee, fails to exercise such option by failing to negotiate and sign a purchase and sale
agreement for purchase of the Inclusionary Ownership Unit, or declaring an intent not to exercise
such option, the seller shall offer the Inclusionary Ownership Unit for purchase to income-eligible
households in accordance with the requirements of subsection 18.01(D)(5)(a) (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 Inclusionary Ownership Unit to a 501(c)(3) organization whose primary purpose is
the supply of affordable housing in perpetuity. Upon the decision to exercise this transfer option,
the City Manager or his/her designee shall notify the seller of such assignment. The organization
to which the City has assigned the option shall deal directly with the seller and shall have all of the
authority of the City Manager, as provided under this subsection.
(b) Rent Changes. Provisions to ensure the affordability of Inclusionary Rental Units shall require
that annual rent changes not exceed the percentage 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
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documented hardship or other unusual conditions. Such exceptions may not take effect until
approved in writing by the City Manager or his/her designee;
(c) Sublet Restrictions. Provisions for inclusionary Rental Units shall prohibit the subletting of
units at rental rates and/or to households that exceed affordability limits established pursuant to this
section.
(6) 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
units and household incomes at move-in, based on documentation provided by tenant for owner’s
completion of form provided by the City, to certify that Inclusionary Rental Unit rent maximums and
household income maximums have been maintained as required.
E. Developer Options
(1) Options (a) and (b) below are available to developers, upon request, as necessary to address
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 South Burlington
Affordable Housing Committee, 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 the date of the decision approving
the covered development, the required number of inclusionary units on another parcel within the
same contiguous underlying zoning district in which the covered development is located , or
contracting with another entity to construct the required number of units within the same contiguous
underlying 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 units .
Off-site means outside the boundaries of the lot on which the covered development is located.
(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. These credit
inclusionary units earned under these provisions are ineligible for offset or bonus units.
(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. These credit
inclusionary units earned under these provisions are ineligible for offset or bonus units.
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 Inclusionary Rental Unit that
is constructed; or an allotment of two additional dwelling units for each required Inclusionary Ownership
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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).
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 allowed. 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), then upon the applicant’s request, the development shall receive, in addition to the offset
units, a density bonus. The density bonus shall be one dwelling unit for each voluntary Inclusionary Rental
Unit and two dwelling units for each voluntary Inclusionary Ownership Unit, up to a maximum density of
50% more than the base density permitted in the zoning district. 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
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(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 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 allowed. However, since density is not a dimensional requirement in the City Center Form
Based Code District, this section is not relevant in that District.
(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 inclusionary units any 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 ownership unit included
voluntarily, up to a maximum density of 50% more than the base density. The density bonus units are not
subject to the inclusionary affordability requirements.
I. 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;
(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;
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(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) Ongoing Compliance. The City of South Burlington Housing Authority, if any; or City Manager or
his/her designee or 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, or City Manager or his/her designee, or
other municipal entity, or non-profit organization shall define and implement eligibility priorities,
continuing eligibility standards and enforcement, and rental and sales procedures.
(3) 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.
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 Article.
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
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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) qualifying 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
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 above grade living area per affordable dwelling unit shall be
no smaller than 70% of the average above grade living area of the comparable market-rate units in the
housing development.
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(c) Plan for Continued Affordability. The standards for Section 18.01(D)(5) and (6) shall apply.
(4) Administration. The City of South Burlington Housing Authority, if any, the City Manager and/or
his/her designees, 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;
(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
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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.
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
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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
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),
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 17
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.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
DRAFT South Burlington Land Development Regulations 18
NOTE - The following includes Inclusionary Zoning amendments to other LDR Articles:
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 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 conditioned upon the requirements below.
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 single and two-family dwellings that are Inclusionary
Units within the applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and
Locations .
(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.
VIA ELECTRONIC MAIL
December 12, 2019
South Burlington Planning Commission
C/O Mr. Paul Connor, Director of Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: Public Hearing on LDR 19-13A and LDR 19013B
Dear Commission Members:
Thank you for your willingness to consider our input in the process of making recommendations on the
planned inclusionary zoning extension into the Transit Overlay District and portions of land controlled by O’Brien
Brothers outside the Transit Overlay District. We appreciate your receptiveness to our feedback and are happy
to provide these last few items for you to consider.
After the Commission meeting in October and per your request we took the time to sit down and meet
with the Affordable Housing Committee on November 4, 2019. The conversation was productive and open. We
felt it was very worthwhile. Subsequent to that meeting where we shared our concerns with the then-draft-
ordinance, we provided the suggested changes and clarifications (attached) to the Committee. On Monday
evening, December 10th, we received the most recent iteration of the proposed zoning language changes. We
are very pleased that a number of our suggestions seem to have been incorporated and we are glad to have
affected those changes/clarifications. However, two main issues remain that we feel must be resolved for the
draft ordinance to have the unambiguous clarity required for these regulations to pass the tests they often are
put through when enforced. One additional issue remains to ensure that the offsets provided can be used. The
three remaining issues are as follows:
1. Number of Bedrooms for Inclusionary Ownership Units: The current language in the draft ordinance
reads:
“The number of bedrooms in inclusionary ownership units shall not be reduced by more than one
less bedroom than the number of bedrooms offered in market rate units on a proportional basis.
A future bedroom shall be planned for at initial construction to have adequate egress to
accommodate “future finished area” spaces for one addition bedroom for example, if applicable
(but not limited to) in a lower level, attic or over a garage space.”
This language is in response to our concern that knowing the number of bedrooms in a for-sale
development of many different homes at the start of the project/permitting is not possible. Also, the
concern that if eligible buyers want a 2-bedroom home, but the market rate units are disproportionally
2
3-bedroom. This ordinance could prevent the sale of a 2-bedroom home to a willing and eligible buyer,
a target buyer for this exact ordinance. Or, it could require them to buy a bigger home with space and
expenses that are not needed. I believe the language nearly satisfies our concern, but the addition of a
requirement to “plan” for a future bedroom, is not something we recommended or feel is workable.
The inclusionary units contemplated could be condo-flats in a 4-unit condo building, townhomes in a
three or four-unit building, or single-family homes. In these different scenarios planning for a future
bedroom may or may not be possible. There may be no garage, no attic, no basement, etc.
Our suggestion would be to proceed with the below modifications:
“The number of bedrooms in inclusionary ownership units shall not be reduced by more than one
less bedroom than the number of bedrooms estimated to be offered in the market rate units on a
proportional basis. A future bedroom shall be planned for at initial construction to have
adequate egress to accommodate “future finished area” spaces for one addition bedroom for
example, if applicable (but not limited to) in a lower level, attic or over a garage space.”
We believe that any new for-sale development is likely to consist of primarily 2 and 3-bedroom homes.
This language would give the developer the ability to offer both 2- and 3-bedroom affordable units to
eligible buyers despite the proportion for the market rate units. This flexibility would open up the
market to all interested parties.
If this change is not suitable, we would recommend returning to the original language of the draft
ordinance with some acknowledgment added to that language that the number of bedrooms will be an
estimate in the permit stage.
2. Integration of Affordable Units: In the meeting on November 4th with the affordable housing committee
they directly acknowledged that their intent is to allow for the development of required inclusionary
rental units to occur in single structures. This is a model that has worked very well at projects
throughout the community. It allows for experts like Champlain Housing Trust to perform the
construction of inclusionary units. We requested that the language regarding integration be changed to
make clear that the ordinance contemplates and allows this. The current draft language does not make
this clear. The current language states that inclusionary units constructed under this section shall be:
Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-Site
Construction) of this Article. The inclusionary 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 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. There shall be no indications from common areas that these units are
inclusionary units.
Even during the hearing yesterday evening, it was not clear if the intent of this regulation is to allow for
the potential construction of one larger rental building that will satisfy the inclusionary requirements for
a rental housing development. Certain members of the audience were adamant this should not be the
case, representatives from the Affordable Housing Committee did not seem to offer a clear opinion, and
the Commission indicated it needed to study the issue.
3
We request that the Commission solidify the intent of this provision to be sure the DRB has adequate
information as to the intent to enforce the regulation. The current record provides no answer as to
whether “integration” can be viewed as allowing construction of inclusionary rental units in their own
separate building, or must entail construction of 15% of all units in all buildings to be inclusionary. The
latter likely resulting in the creation of finance issues due to debt coverage restrictions and increased
initial investment requirements with weaker returns being offered for investors.
We suggest the following change be added to the above as a new paragraph following the current:
Notwithstanding the Section 18.01(C)(2)(a) above, the Development Review Board shall allow the
placement of all required inclusionary rental housing units in a single structure or in multiple structures,
provided those structures are themselves integrated into the Project site plan, in a manner that is
satisfactory to the Development Review Board.
The Development Review Board shall also allow the placement of inclusionary ownership housing units
to be consolidated into single structures provided those structures are proportional to other unit types
located within a project and are integrated into the Project site plan.
We believe that these two changes will make clear that combining affordable units into single structures
is permissible, but that the structures themselves must be integrated into the site plan.
3. Lot Coverage for Bonus Units: Our last concern noted for the Committee was that bonus offset units may
not be available if site coverage is already a limiting factor. We suggested that bonus units and affordable
units should not be counted against coverage limitations. We think this could be added to the residential
offset section as follows:
Residential Unit Offset. To offset an applicant’s fulfillment of this Sections 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
constructed. This offset shall not be provided for any required unit for which the developer receives
approval for the Dedication as described in 18.01E.(1)(a) herein. Residential offset units and inclusionary
units located in standalone structures shall not be counted against the allowed lot coverage for a
development, provided all applicable stormwater requirements of these Regulations are met with regard
to the associated impervious areas.
As mentioned above we appreciate the opportunity to present our concerns and the efforts of the
Committee in incorporating those concerns so far. While all that has been done is an improvement, we believe
the above-referenced items are critical to the success of this ordinance and the ability of our company to
perform under the proposed regulations. Our ongoing projects will be significantly impacted by this ordinance
and we appreciate your consideration of these changes. Thank you.
Sincerely,
Andrew Gill, Director of Development
Enclosures
Subject: Outline of Key Points from Review of Ordinance
To: South Burlington Affordable Housing Committee
CC: Paul Connor, Planning Director
Date: November 8, 2019
I. Subdivision: The ordinance should be clarified to define whether subdivision triggers IZ
requirements. At the meeting on 11/4 the Committee indicated the intent was not to
have a trigger for subdivision only.
II. Congregate Care vs. Rental Units: The draft regulation at Section 18.01B(2) extends
inclusionary requirements to congregate care facilities, it is not clear if this is the 10% or
15% requirement.
Congregate care is commercial and so no density limit applies. Should a residential
density unit offset be granted for required IZ congregate care units?
Why does the IZ ordinance require the congregate care units and residential IZ units to
be distributed proportionally? Is the intent that the requisite IZ congregate units will be
in the congregate building? What is the formula used to determine acceptable rent for a
congregate care facility?
III. Inclusionary Unit Size: Section 18.01C(2) is problematic in for sale product development.
a. Average mean area requirements say that the size of inclusionary units will be no
less than 70% of the average mean floor area of market units. If multiple size units
are offered and not known which is chosen by customers, how do we determine at
the time of permitting where to peg our 70% affordable metric?
Why not just set minimum IZ unit sizes? Such as a 1-bedroom unit shall be a
minimum of X square feet, a 2-bedroom shall be a minimum of Y square feet, and so
on; or in a situation where the market rate units were smaller than the minimums
(as in a micro-unit or cottage-style development) the IZ units would be no smaller
than the average size of the market rate units. Some higher priced developments
may on average offer much larger homes than market norms, which would then
result in IZ homes being built larger than necessary and maybe larger than desired,
translating into higher taxes and higher operating costs and fuel consumption for
the IZ buyers, thereby having an unintentional consequence of making them less
affordable despite the restricted pricepoint, and also harder to resell, not to
mention a potentially larger carbon footprint. This may also be counter to the City’s
other goals of reducing energy usage. It also would make those homes much more
onerous for the developer to subsidize, thereby potentially resulting in less homes
being built.
b. You require the number of bedrooms be proportional to market rate homes. There
is no way of knowing who will purchase what plans in advance of completion,
therefore no way of knowing how many bedrooms the affordable units should have
based on proportion to market rate ones.
Why is the IZ ordinance determining what an eligible buyer needs? What if the
average bedroom count is 3, but you have a bunch of buyers who want 2-beds and
can’t afford the $35,000 price increase?
c. Integration: The requirement for integration is vague. To us, as written, this implies
the inclusionary must be in the same buildings as the market rate units. Even
dispersed evenly floor-to-floor. The Committee indicated on 11/4 this is not the
intent, and indeed, that the intent would be to allow all units to be placed in one
multi-family building. If this is the case, this language should be clarified. This may
make it more advantageous for non-profits such as CHT or Cathedral Square to
perform the management and compliance of these units if they are allowed to be
realized in single buildings.
For a single-family development or PUD this is even more challenging to discern. If
an IZ requirement is in place, it makes sense that the homes should be clustered or
developed in the smaller single-family areas of the site near similarly sized homes.
Would this be considered integrated?
Further, what if a developer decided to do a cottage style development like Kirby
Cottages to cover the IZ requirement. The cottage development is always stand-
alone (look at Rye Meadows, Kirby). So, if it was the IZ requirement would it be
considered integrated?
IV. Affordability Requirements: You have removed at 18.01D(1)(c) an affordability
guideline that was pegged to an annually produced and easily discernable document,
and replaced it with something that contains multiple undefined variables. How is a
developer supposed to provide an estimate for a mortgage payment? What prevailing
rate should be used? Where is the mutually agreed rate located? Should we use the
estimated taxes based at the proposed IZ sales price or market price? How much are
“average annual mortgage insurance premiums” and where are those located? Whose
estimate will be the accepted standard?
V. Income Eligibility: The Ordinance contains extensive definitions as to the requirements
for income eligibility. However, it doesn’t seem clear who is verifying eligibility and
what form of verification is acceptable.
Perhaps an eligibility form or application could be included in the Ordinance as an
appendix (CHT may have one), a form that can be completed by the proposed borrower
and saved by the developer/submitted with a CO application.
VI. Annual Certification: Section 18.01D(6) Reporting requirements should be amended to
include the word “reported” just before household move-in income. Just to be clear
that the developer is not responsible for fraudulent reporting.
VII. Developer Options: Section 18.01E(1)b allows for a developer to construct off-site the
required number of inclusionary units, but then requires them to be in the same
contiguous zoning district. This could get complicated for lots in multiple zoning districts
(our project has three different districts). Which one holds?
Also, it seems to make little sense to require the same zoning district. The goal of the
City is inclusionary housing in the area where this IZ requirement applies. Shouldn’t off-
site mitigation be allowed anywhere in the City where IZ is required? Same map for off-
site for any project and where IZ is required?
VIII. The offset units are useful however they are also limited by site coverage and site
restrictions. In many cases it will be difficult to site the additional units given that
underlying base density is already high in most IZ areas. The ordinance should provide
some relief from site coverage limitations. Perhaps exempting from coverage
limitations any affordable units and associated parking for those units, provided a
maximum coverage of X is not exceeded in each district. Otherwise your offsets could
become ineffective.
IX. Administration and Compliance Section 18.01J: There are a few items in this section that
could use clarification.
a. Section (a) should be amended to remove the word types and size for for-sale
product if in fact it is decided that the type and size can remain flexible.
b. It is not clear at what point in the development process each set of documents is
required. Are the legal agreements requested due at Sketch Plan or Final Plat?
Same with the other items. Perhaps the appendix with what is required for what
hearing needs to be amended to include these requirements, as pertains to IZ areas.
c. It is unclear what documentation regarding household income is suitable. It should
be clear what information must be furnished to confirm this.
X. Credits for Permit Fees: This ordinance is requiring the sale of units at a significant loss
for the developer. While the offsets are useful in some instances, there is also a risk
that the market units will not fit on the site. It would seem easy for this first rule to also
include a waiver of zoning permit and impact fees associated with an affordable unit.
The average fees for our Hillside homes are $7,000/unit at the time a zoning permit is
filed. These fees should be waived for all IZ units. Fee reduction should be part of this
first amendment.
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
Amendments approved by the Planning Commission *****
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 held a public hearing on Tuesday, December 10, 2019 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.
Subsequent to the hearing, the Planning Commission made modifications to the amendments.
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. draft
2
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
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, 15% of rental units, and 10% of vacant lots 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.
• 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; draft
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. draft
SOUTH BURLINGTON PLANNING COMMISSION
PRELIMINARY MEETING MINUTES
11 DECEMBER 2018
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 11 December 2018, at
7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: J. Louisos, Chair, B. Gagnon, A. Klugo, T. Riehle, D. Macdonald, M. Ostby, M.
Mittag
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; S. Dooley, additional
members of the public
1. Directions on emergency evacuation procedures from conference room:
Ms. Louisos provided directions on emergency evacuation procedures.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the Agenda. Ms. Louisos requested to add an item under Other Business
related to Interim Zoning.
3. Open to the public for items not related to the Agenda:
No comments from the public unrelated to the Agenda.
4. Planning Commissioner announcements and staff report
Ms. Ostby reported that she attended the VECAN annual energy conference. Biggest takeaway
was that acting locally was where change would be taking place. Also noted that she had heard
a report about the challenge of finding emergency responders around the State.
Mr. Conner said that staff has met with the new dog park committee to discuss characteristics
of possible sites.
Staff have been meeting with committees that have a role in development review.
Staff have begun work on the development review side of the City Hall project
Staff met with the Airport; new noise maps are delayed into the new year. Airport is also
beginning to work on their Master Plan.
Have coordinated with staff and the bicycle/pedestrian committee who are working on
scoping projects for bicycle / pedestrian improvements.
Mr. Conner reported that he had met with the St. Michael’s College class following their
Election Day survey to hear about their preliminary findings from 431 voters who were
interviewed. Mr. Conner was asked to provide Commissioners with a copy of the survey.
The City Council asked staff to see if the Chittenden County Regional Planning Commission
could assist with work on the subject of inclusionary zoning.
5. Planning Commissioner annual appointments and meeting times
a. Election of Chair, Vice Chair, Clerk
2
Mr. Riehle moved that Ms. Louisos be elected as chair, that Mr. Gagnon be
election as vice-chair, and that Ms. Ostby be elected as clerk. Mr. Macdonald
seconded. No other nominations were made. Motion passed 7-0.
b. Set regular meeting dates/times
Mr. Gagnon moved to maintain the same regular dates and times, the 2nd and 4th
Tuesdays of the month at 7:00 pm. The motion was seconded and approved 7-0.
6. Brief staff update from City Council meeting re: Inclusionary Zoning
Mr. Conner provided an update of the Council’s discussion regarding inclusionary
zoning. Councilors asked staff to communicate with the CCRPC to see if they would be
willing and able to provide some staffing assistance to support continued work during
the Interim Zoning period. Staff met today with CCRPC staff and they will be reviewing
their availability and provide a response prior to the next Council meeting.
7. Commission Work Session: Planned Unit Development & Subdivisions [Work Plan #9]
a. Work session on natural resources / open space classification and regulation
b. Possible discussion of other elements of PUDs, subdivisions, and related tools
The Commission held a work session to consider natural resources standards as a
component of the PUD / Subdivision project. The Commission used, as a starting point,
the recommendations included in Attachment D to the 2014 Open Space Report.
Following discussion, staff was asked to develop mapping showing the resources that
had been discussed.
8. Other business
Ms. Louisos noted that at the end of the last meeting Mr. Mittag had stated that he would
be absent until early February. She asked the Commission to affirm that they are ok with
the nominations to the Interim Zoning Committees as is. Mr. Gagnon noted that Ms. Ostby
had volunteered to attend the TDR Committee meetings in Mr. Mittag’s absence. Mr.
Gagnon moved to add to the prior nominations by having Ms. Ostby serve as an alternate
to both committees in the absence of Mr. Mittag or Mr. Gagnon. Motion seconded and
approved 7-0.
9. Adjourn
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 10:26 p.m.
___________________________________
Clerk
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
26 NOVEMBER 2019
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 26 November 2019, at
7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, M. Mittag, A. Klugo
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; R. Gonda, B. Shearer
1. Directions on emergency evacuation procedures from conference room:
Ms. Louisos provided directions on emergency evacuation procedures.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
No issues were raised.
4. Planning Commissioner announcements and staff report:
Mr. Mittag noted that he attended the State Municipal Day. Speakers included the State Forester and a
presentation on a new digital system to get all parcels on line.
Mr. Conner’s staff report was submitted in written form.
5. Status Report on Prior Requested Amendments to the Land Development Regulations;
Commission Scheduling:
Mr. Conner said staff is proposing highlighting those that are not active to see how members feel about
them:
a. Increase in lot coverage for some properties on Shelburne Road, C-1 Auto District (Mr. Shearer’s
request): Mr. Conner said the options are that this is not a priority, to look at this request
individually, to consider this with the open space matrix with a goal of creating incentives for
quality open space. Mr. Conner said this would be a day to day and half of staff work, and they
could have a draft in early February. This could in the future tie into TDRs.
Mr. Gagnon was concerned with where to draw the line and noted there are other things people want
to have done.
Ms. LaRose also noted that site plans have not been addressed and this would have a huge impact.
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Mr. Shearer said he came to the Commission 2 years ago. He had to give up an employee parking lot for
“green space.” This has created a serious, dysfunctional situation. They have other lots for storage. He
said that if he could get the 20 parking spaces back, he could get employee cars out of the middle of
inventory cars. He felt this was a “little tweak” to help businesses work better and safer.
Mr. Conner felt that late January could be a quieter time after receipt of the Arrowwood report and the
end of the PUD work. Mr. Gagnon said he had no issue if staff has time to move this forward as long as
it doesn’t bump the other things the Commission is working on in order to meet the requirements of
Interim Zoning. Mr. Klugo said that it was important that smaller projects don’t consume the time
needed by the Commission or staff to complete the Planned Unit Development project.
Mr. Gonda said his request is not critical until the beginning of June, and he was willing to do some “leg
work,” if that will help. Members agreed to wait till after February on that request.
b. The possibility of a limitation to how much a home can be expanded in existing neighborhoods.
This is a big project and can be considered in next year’s work plan.
c. Tree replacement standards: the DRB is comfortable with the current rules and how to interpret
them in the spirit of the regulations
d. Regarding a moving company and the issue of character/uses in commercial/industrial/open
space residential areas. Regulations allow for one thing and disallow others that may have a
similar impact.
6. Summary of Airport Draft Noise Compatibility Plan: Discuss possible next planning steps
including Comprehensive Plan and LDR Amendments:
Mr. Conner reviewed the history. Ms. Louisos commented that people are relieved that planes are here
and can be heard. It took away the uncertainty.
Mr. Gagnon asked if there is an opportunity to adapt features of the Neighborhood PUD into the Airport
neighborhood. Mr. Conner said they could say all of Chamberlain is one type of PUD. One question
would be what kind of open space to have.
Mr. Klugo said the Chamberlain neighborhood is unique and suggested possibly addressing it in a
broader framework such as charettes and a possible consultant.
Mr. Conner stressed that the Airport is a State economic engine. The neighborhood is a city issue.
Mr. Klugo suggested identifying the stakeholders, identifying each of their goals and then having a
charette. Ms. LaRose noted the original report was very good, and now is the time to take action.
Stakeholders have shared their thoughts. Mr. Conner added that it hasn’t been taken to a “design
level.” Mr. Klugo said that people generally want predictability; otherwise there is a lot of anxiety.
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Ms. LaRose felt the Commission could spend 18 months just dealing with that neighborhood.
7. Status of CCRPC Unified Planning Work Program and initial discussion of candidate FY2021
Projects:
Mr. Conner reviewed the history and what kind of projects can be taken on. Recommendations for new
projects include:
a. looking at intersections (identifying intersections where there is a need for some action
either through the Comprehensive Plan or other studies)
b. looking at 2 roadway connections: Palace Nine to Bartlett Bay Road to connect near the
Fire Station parallel to Shelburne Rd., and a new road between Kimball Avenue and
Williston Road (near Shunpike Road) which would go on the official city map
Mr. Klugo asked about a connection between Tilley Drive and Community Dr. Mr. Conner said staff has
been working on that in the background. The original guidance from the Planning Commission was to
do what they could to maximize what can be done and then come back if there is still a need. The RPC is
doing a study now to look at different interchanges, Exit 12 to Exit 17.
Mr. Klugo said there should be a road to split the “superblock” into two blocks. This should evolve into a
mixed use area, which requires more connectivity. He added that there is bonding and there are taxes
for all sorts of things, but the question is how to get those things done instead of dragging them out. He
felt funding should be looked at as an investment, not an expense.
Mr. Gagnon said the first priority is to determine what specific information the Commission wants to
have in order to prioritize projects and then to determine the funding needed to get the studies done.
Mr. Klugo said that when the Commission prioritizes, things “get pushed out.” He felt that when looking
at items that impact the community the most, it is easy to put the Chamberlain neighborhood at the
top. Commissioners inquired about overall resources for planning in South Burlington and how to grow
capacity.
8. Updated project schedule for PUD/Subdivisions/Master Plan/Natural Resources Work:
Ms. LaRose said the Commission has spent the last few meetings talking about natural resources. Some
pieces fall into Chapter 12 entirely. She believed that Chapter 12 is getting complete enough so it could
move forward on its own. The advantage of this is that everything that is new (e.g, stormwater, etc.)
would be regulatory for any new development. The alternative is to do the other warned amendments.
Mr. Conner said these could be warned for the first meeting in January. He noted that the only risk with
moving forward is to be sure members understand the entirety of where they are heading.
Mr. Gagnon questioned whether the Commission should be doing non-PUD things since the Council
charged them with getting the PUD done. Ms. LaRose felt the Chapter 12 work has to be done before
the PUD work. Mr. Conner added they have to figure out how to tie into PUDs the properties identified
for non-development/open space, etc. He felt this will be a lot to deal with. Ms. Louisos said the
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Natural Resources Committee has indicated a willingness to get involved in some of this work. Mr.
Conner suggested a January meeting with them.
Ms. LaRose noted the Commission hasn’t yet seen the Campus PUD type yet. She felt a low number of
properties would use that.
Ms. LaRose also noted staff is working with legal staff regarding subdivision issues including the meaning
of “sketch plan.”
9. Consider and Possibly Approve Proposed Street Name: Blanchard Street:
Mr. Conner showed the location of the street on an overhead photo. It could be connected to Williston
Rd. if the Marcotte School were ever sold.
Mr. Mittag indicated he was uncomfortable with naming of a street for an active city employee.
Members felt that they should be thanked and commended for their work, but something like a plaque
in the new building might be more appropriate.
10. Committee Updates:
a. Open Space Interim Zoning Committee: will meet next week
b. Affordable Housing Committee – Mr. Conner reported they had a good meeting this
morning.
11. Other Business:
a. Colchester Planning Commission Public Hearing on proposed amendments to
Development Regulations, December 17, 7:00 p.m., 781 Blakely Road, Colchester
No discussion or action took place.
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 9:05 p.m.
___________________________________
Clerk
Additional documents provided at
the meeting
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Paul Conner
From:Louise Hammond <karmakosmo7@aol.com>
Sent:Tuesday, December 17, 2019 4:04 PM
To:Paul Conner
Cc:Jessica Louisos
Subject:Meeting tonight
Paul and Jessica,
I am out of town and unavailable to attend the special meeting tonight.
However I wanted to write you about my concerns.
I believe the proposed change to our Land Development Regulations to allow an exception for the developer ( O’Brien
Brothers) is not a good idea. Why do we want to once again contradict The Comprehensive Plan? given them an
incentive to build more houses in order to get a few affordable units in?
The way I read it The Comprehensive Plan suggests building dense housing in the transit overlay areas? This is not in
the transit overlay area!
This land is also considered to be of high natural resources and one that was identified by the Open Space committee as
needing to be preserved.
I believe this exemption should not be approved. Thank you!
Please consider my thoughts.
Thank you
Louise Hammond 15 Shea Drive SB
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Paul Conner
From:Robert Brinckerhoff <robertbrinck@aol.com>
Sent:Tuesday, December 17, 2019 5:54 PM
To:Paul Conner
Cc:llouisos@sburl.com
Subject:Fwd: Affordabe housing proposal meeting today 12/17 Planning Commission
From: robertbrinck@aol.com
To: pconner@sburlington.com
Sent: 12/17/2019 5:49:18 PM Eastern Standard Time
Subject: Fwd: Affordabe housing proposal meeting today 12/17 Planning Commission
From: robertbrinck@aol.com
To: pconnor@sburlington.com
Sent: 12/17/2019 5:45:37 PM Eastern Standard Time
Subject: Affordabe housing proposal meeting today 12/17 Planning Commission
The current affordable housing proposal contradicts the Comprehensive plan which advocates for
dense housing only along transit overlay areas.This land such as developed by OBrien Brother
Company is also in the high value resource lands that the IZ Open Space committee identified as
needing to be preserved.
Do not ruin S Burlington at the pressure of the developers many of whom are not even residents of S
Burlington just out for profit. SOS. Save open spaces what few are left. S Burlington is still a special
place to live. Dont ruin it. Listen to the residents of S Burlington.
Bob Brinckerhoff 15 Shea Drive S Burlington VT
VIA ELECTRONIC MAIL
December 17, 2019
South Burlington Planning Commission
C/O Mr. Paul Connor, Director of Planning and Zoning
City of South Burlington
575 Dorset Street
South Burlington, VT 05403
Re: Inclusionary Zoning Proposal Lot Coverage Maximum
Dear Paul and Commission Members:
We received the proposed changes to the development regulations and the memorandum from Paul
Connor to the Planning Commission dated December 17, 2019. We reviewed the responses to the issues we
raised and we still have some significant concerns with the language that we hope the Planning Commission will
consider.
1. Lot Coverage: The issue of lot coverage is a major concern that has not been addressed in the draft
ordinance. The Affordable Housing Committee and your commission have repeatedly discussed
how the proposed ordinance is a “win-win.” The premise is that the offsets provided balance out the
burden imposed of constructing homes that are required to be sold or rented for well below the
market value. However, if the coverage of a particular site limits the ability to construct the offset
units, there is no longer any additional incentive provided. The development must simply include
the below-market-price homes and no additional market rate homes would be able to be
constructed.
The response in the agenda seems to ignore the seriousness of this potential issue. We are not
supportive of tabling this issue until a future TDR or PUD discussion comes forward. The issue is
directly connected to the offset units provided in the inclusionary ordinance proposed, and it goes
to the core of the equation that the Planning Commission has repeatedly discussed with the entire
community during this process. If increased coverage for the additional offset units is not provided,
and a site is at a coverage limit, those units cannot be built and therefore no offset is provided.
In initial reviews of the Project proposed by O’Brien Brothers for our land that will be under this
ordinance it seems the 15% and 25% coverage limitations of the R1 district would be stretched if not
exceeded by including offset units For perspective in a five-acre development in the R1 PRD, the
permissible building coverage limit is 32,670 square feet, and the overall coverage limit is 54,450
square feet. In a PUD with a density of four units an acre you can build 20 homes on five acres.
Under this proposed inclusionary requirement two homes would be inclusionary and four additional
homes provided as an offset. This is a total of 24 homes. If each home footprint is 1200 square feet
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with a 400 square foot garage you are at 38,400 square feet of building coverage (5,730 square feet
more than allowed). You would need to reduce the coverage by four units (all your offsets) to get
under the requirement, and would have a building coverage of 32,000 square feet (with 670 to
spare). If applied in broad terms to R1 PRD land, the offsets in this ordinance are likely not to be
available for the neighborhood we are planning.
We would ask that the Commission consider that if the offsets provided are not attainable the
fundamental structure of the proposed rule is undermined. The proposed ordinance simply
becomes a mandate with no consideration for an offset. This is not the intention that has been
conveyed to O’Brien Brothers, but it is the effect of ignoring the coverage question which seems to
be the suggestion. This may be challenging but if the Commission intends to hold the intent of this
ordinance true, it must be solved. While we understand wanting to put a stake in the ground, this
seems like a pretty large issue to paper over.
2. Bedroom Count for Inclusionary: We raised this issue with the language to allow flexibility for
home buyers to choose the number of bedrooms they want. The result has been a complication of
the underlying ordinance that has now created more confusion. The current wording now requires
that the developer estimate the bedrooms that will be built and then check in at increments of 50
homes, presumably with the enforcement officer, though that isn’t clear. We would recommend
removing this and simply estimating and then building to the estimate. If this language does stay it
should be clarified what happens if the inclusionary units are built first. Presumably you aren’t
required to go add or remove bedrooms should your actual average at 50 be different than
estimated and you have already built your required inclusionary units?
3. Master Plan Allowance: O’Brien Brothers has a current master plan that encompasses three
different zoning districts. Our request was that the off-site mitigation language be amended to say
that the inclusionary requirement could be met within a contiguous master plan or the same zoning
district. For instance, if we wanted to build a 45-unit affordable building in our current master plan
in satisfaction of the requirements in our next phase for land that is in a different zoning district.
Because the off-site requirement is saying it must be in the same zoning district, this would not be
allowed. This seems unreasonable and it could be addressed with simple language.
It is unclear if the suggestion in your memo would retroactively require the inclusionary standard be
applied to units in a previously approved plan. It would seem to us it could. This is much different
than allowing a lot in a contiguous approved master plan to house inclusionary requirements from
its neighboring master plan, part of the same contiguous single development.
We understand that the Commission has been discussing this proposed Ordinance for some time,
however, O’Brien Brothers was never asked to review the draft language during that long period, despite having
significant ongoing projects and impacted land. We saw the language in the Planning Commission agenda in late
October and took it upon ourselves to participate. Since that time, we have worked very hard to provide
prompt, complete and reasonable feedback on an ordinance that has enormous impact on our ongoing project.
The actions of this Commission are serious. You are creating an obligation for O’Brien Brothers to create
50 affordable inclusionary units in its Hillside Project that received Master Plan approval in 2017. A project we
are set to start permitting now, but which we have held off on starting permitting for to facilitate cooperation
with this new ordinance. We are a willing and cooperative partner in this, we appreciate the effort, but we are
asking that you consider the implications if those 50 units are required, but the offset units cannot be achieved
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due to coverage limits. This simply must be addressed for us to get to a win-win like we all desire. We look
forward to your reply at the hearing tomorrow
Sincerely,
Andrew Gill, Director of Development