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HomeMy WebLinkAboutAgenda - Planning Commission - 05/11/2021South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, May 11, 2021 7:00 pm IMPORTANT: This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and members of the public are invited to participate either by interactive online meeting or by telephone. There will be no physical site at which to attend the meeting. Participation Options: Interactive Online (audio & video): https://www.gotomeet.me/SBCity/pc-2021-05-11 Phone (audio only) (669) 224-3412 Access Code: 819-975-189 AGENDA: 1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm) 2. Open to the public for items not related to the agenda (7:02 pm) 3. Announcements and staff report (7:10 pm) 4. Presentation and responses to Public Input on Draft Environmental Protection Standards Amendments to the Land Development Regulations [LDR-20-01] (7:20 pm) 5. *Minutes: March 23, March 31, April 6, April 13, April 27, 2021 (8:55 pm) 6. Other Business: (8:57 pm) a. *Colchester Planning Commission public hearing on proposed amendments to Colchester Development Regulations, Thursday, June 15, 2021 at 7:00 pm via Zoom https://us02web.zoom.us/j/9359846003 7. Adjourn (9:00 pm) Respectfully submitted, Marla Keene, P.E, Deputy Director of Planning & Zoning * item has attachments South Burlington Planning Commission Virtual Meeting Public Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure that everyone has a chance to speak and that meetings proceed smoothly. 2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting / commenting will have their video on. 3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. 4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally state your interest in commenting, or type a message in the chat. 5. Once recognized by the Chair, please identify yourself to the Commission. 6. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to to complete the agenda. 7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others when they are speaking. 8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications of support are most efficiently added to the chat. 9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other participants to address the Commission before addressing the Commission for a second time. 10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and influence public opinion on the matter. 11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com. 12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice-Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official meeting minutes. 13. In general discussions will follow the order presented in the agenda or as modified by the Commission. 14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help guide participants. 15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Marla Keene, Deputy Director of Planning & Zoning SUBJECT: Planning Commission Meeting Memo DATE: May 11, 2021 Planning Commission meeting 1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm) 2. Open to the public for items not related to the agenda (7:02 pm) 3. Announcements and staff report (7:10 pm) 4. Presentation and responses to Public Input on Draft Environmental Protection Standards Amendments to the Land Development Regulations [LDR-20-01] (7:20 pm) The Planning Commission will respond to questions and provide clarifications on LDR-20-01. This presentation will be factual rather than policy making. Policy making discussion will occur at the Public Hearing on May 20, 2021. Public comments received prior to packet publication are included as attachments. 5. *Minutes: March 23, March 31, April 6, April 13, April 27, 2021 (8:55 pm) 6. Other Business: (8:57 pm) a. *Colchester Planning Commission public hearing on proposed amendments to Colchester Development Regulations, Thursday, June 15, 2021 at 7:00 pm via Zoom https://us02web.zoom.us/j/9359846003 7. Adjourn (9:00 pm) 1 Paul Conner From:Ray Gonda <gonda05403@yahoo.com> Sent:Monday, March 29, 2021 5:33 PM To:Paul Conner; Kevin Dorn Subject:EXTERNAL: Fw: Letter from Jeff Parsons - Arrowwood Attachments:Arrowwood Parsons SBurlBuffers 3_28_2021.docx         This message has originated from an External Source. Please use proper judgment and caution when opening  attachments, clicking links, or responding to this email.         Kevin and Paul, My apologies, I should have had you on the original copy list. Attached is the letter from Arrowwood. Best regards, Ray ----- Forwarded Message ----- From: Ray Gonda <gonda05403@yahoo.com> To: Jessica Louisos <jlouisos@sburl.com> Sent: Monday, March 29, 2021, 11:08:33 AM EDT Subject: Letter from Jeff Parsons - Arrowwood Hi Jessica, Listed below are references to accompany the letter sent to you today from Jeff Parsons of Arrowwood Below are several references which point to the importance of forested habitat blocks and the transitional areas from them to other landscape vegetative types such as grasslands and shrublands. The first one is from the Vermont Agency of Natural Resources, The second one is a research study in the Balkans. The third is management of transitional areas. The remaining articles are from hunting article discussing such areas' importance to hunters - the people most familiar with such transitional areas. because of the needs of the hunting pursuit, i.e., where are the best places to hunt. Now the point of all these is that such areas are conducive to a greater diversity of rodent family prey species including mice, rabbits and often squirrels, (as well as a greater diversity of birds and insect life) providing protection to them while become hunting grounds for predators. Thus all classifications of wildlife benefit from more sustaining landscapes. Please share these with Planning Commission Members. 2 And thank you for all you do. Respectfully, Ray Gonda Chair, South Burlington Natural Resources Committee (802) 264-4886 H (802) 488-4054 C 1) Grassland and shrublands from BioFinder Vermont (a great first-read primer) https://anrmaps.vermont.gov/websites/BioFinder2016/Documents/ComponentAbstracts/GrasslandsC omponentAbstract.pdf 2) A study of diversity of forested edges in the Balkans Plant composition and diversity at edges in a semi-natural forest–grassland mosaic    Plant composition and diversity at edges in a semi‐ natural forest–grassl...  László Erdős  As key components of landscapes, edges have received  considerable scientific attention in anthropogenic ecosyste...      3) Managing Grasslands, Shrublands, and Young Forests for Wildlife: A Guide for the Northeast https://www.dec.ny.gov/docs/wildlife_pdf/neuplandhabgd.pdf 4) The preferred habitat types for various small game species. https://huntfish.mdc.mo.gov/sites/default/files/downloads/SmallGameHuntingProspects.pdf 3 5) A hunter article which demonstrates the importance of edge habitats. Creating Habitat for Small Game - The blog of the gritroutdoors.com    Creating Habitat for Small Game ‐ The blog of the  gritroutdoors.com  By Robin Follette Creating, maintaining and improving habitat  for hunting will help small game move into an area...      6) Creating habitat for small game - the prey species for predators https://blog.gritroutdoors.com/creating-habitat-for-small-game/ 7) What Edge Habitat means for whitetails Edge Habitat - by DeerBuilder.com   Edge Habitat - by DeerBuilder.com What Edge Habitat means for whiteatils       To: City Council and Planning Commission, City of South Burlington From: Jeff Parsons, Arrowwood Environmental Subject: Habitat Block Buffers Date: March 26, 2021 This memo is in response to a request by Ray Gonda, the Chairperson of the South Burlington Conservation Committee to provide some general information regarding the wildlife values of buffers as they relate to habitat blocks in South Burlington. In 2020, Arrowwood Environmental mapped habitat blocks for the City of South Burlington (see City of South Burlington Habitat Block Assessment & Ranking 2020). Within that document forested areas at least 20 acres in size were mapped and their relative values as wildlife habitat were assessed. Each habitat block was assessed for several wildlife habitat elements such as: size, connectedness with other blocks, the presence of wetlands and surface waters, and the diversity of tree canopy types and heights. The habitat blocks were assessed both for their own individual habitat characteristics and for their connections to other blocks. In addition, the supporting habitats surrounding each block were assessed. Ecologists, including those at Arrowwood Environmental, recognize the value of viewing habitat blocks (both in South Burlington and elsewhere) within a broader landscape context. When broadening the context, especially in areas where habitat blocks are relatively small (like those in South Burlington) – the lands surrounding habitat blocks become important. The undeveloped lands adjacent to habitat blocks serve to add wildlife value to the mapped habitat blocks. Undeveloped buffers adjacent to habitat blocks provide a greater separation between wildlife populations and more intense human activities and human intrusions. These buffers help filter out intrusive noise, lights, and on the ground human activities – many of which can disturb and disrupt a wide-variety of wildlife species. Buffers also serve to provide some separation between roaming pets and wildlife. Buffering habitat blocks from disruptive human activities can enhance wildlife diversity within blocks. Undeveloped buffers can also facilitate access to some wildlife habitat elements that can increase overall wildlife diversity within a block. Wildlife may seek out space, cover, breeding, and feeding opportunities in nearby old fields, orchards, herbaceous wetlands, and shrublands. This non-forest habitat potentially provides abundant feeding opportunities for predator and prey alike. In conclusion, providing buffers to habitat blocks goes a long way towards ensuring the success of South Burlington’s habitat blocks in enhancing wildlife diversity and populations within the town. 1 Paul Conner From:Chris Trombly <ctrombly@gmail.com> Sent:Friday, April 2, 2021 5:24 PM To:Helen Riehle; Meaghan Emery; Tim Barritt; Tom Chittenden; Matt Cota; Jessica Louisos; Bernie Gagnon; Duncan MacDonald; Paul S. Engels; Monica Ostby; Ted Riehle; Michael Mittag Cc:Kevin Dorn; Paul Conner; Sandy Dooley; John Simson; Leslie Black-Plumeau; Vincent Bolduc; Patrick O'Brien Subject:EXTERNAL: 4/6 Special Joint Meeting         This message has originated from an External Source. Please use proper judgment and caution when opening  attachments, clicking links, or responding to this email.         To the City Council and Planning Commissioners, We applaud the Planning Commission on developing a map that clearly depicts South Burlington’s natural resources. The map allows for more fact-based decision-making about future land use. Identifying the location of the City’s natural resources will instill more predictability for future neighborhood development. We also appreciate the progress the Planning Commission has made toward completing the revised PUD regulations. As you enter the final stages of interim zoning, we offer these thoughts for balancing the affordability of homes for South Burlington residents and protection of important natural resources. Balance: the proposed rules balance two objectives essential to sustaining the City’s vitality—conservation and growth. Clarity and Goal Alignment: the proposed rules make clear (1) where and how natural resources are to be protected and (2) that new residential developments shall include elements demonstrated to support healthy neighborhoods, including compact development, which uses less land. Inclusion and Diversity: requiring multiple housing types produces homes that vary in design and price, thus, increasing opportunities for households with varying incomes to live throughout the City; inclusionary zoning also increases the variation in housing prices. Stability and Permanence: inclusionary zoning brings stability to households having lesser means because they can count on “forever” affordable rents or mortgage 2 payments; this improves their quality of life. Inclusionary zoning’s perpetual affordability requirement adds to the stability of the City’s housing stock, thus improving the quality of life in the City, overall. Because inclusionary housing units are perpetually affordable, when they change hands, they are not transformed into high- priced units or short-term rentals. The proposed rules incorporate inclusionary housing units without increasing density. Population and Property Tax Revenue Growth: the proposed density minimums are consistent with the proposed PUD-defined neighborhood development patterns; they also promote housing that requires less land per unit, thus decreasing the per unit cost of land while preserving more space and natural resources. Young families are more likely to be able to afford and be attracted to the neighborhoods that the proposed density minimums and PUD regulations produce. These neighborhoods are anticipated to accommodate population growth. In addition, more dense development generates more property tax revenue and is less costly in terms of roads, water, sewer, and utility services and their maintenance. With respect to property tax revenue, a five-acre neighborhood developed on the basis of two units per acre with average assessed value of $600,000 per unit adds $6,000,000 to the Grand List. A five-acre neighborhood developed on the basis of four units per acre with an average assessed value of $375,000 per unit adds $7,500,000 to the Grand List. Best regards, South Burlington Affordable Housing Committee: Chris Trombly, chair; Sandy Dooley, vice chair; John Simson, immediate past chair; Leslie Black-Plumeau, Vince Bolduc and Patrick O’Brien     1 Paul Conner From:andrew@chalnick.net <achalnick@gmail.com> Sent:Sunday, April 4, 2021 4:15 PM To:Helen Riehle; Meaghan Emery; Tim Barritt; Tom Chittenden; Matt Cota; Jessica Louisos; Monica Ostby; treihle@sburl.com; Duncan MacDonald; Paul S. Engels; Michael Mittag; Bernie Gagnon Cc:Kevin Dorn; Paul Conner Subject:EXTERNAL: 4/6 Special Joint Meeting         This message has originated from an External Source. Please use proper judgment and caution when opening  attachments, clicking links, or responding to this email.         To the City Council and Planning Commissioners,     South Burlington residents petitioned for IZ out of a concern that the LDRs do not sufficiently protect South  Burlington’s precious natural resources.      While the Planning Commission has done a careful and professional job on the draft LDRs, and the volunteers  on the commission deserve our respect and thanks for their hard work and dedication, the current drafts of  Articles 10 and 12 unfortunately do not adequately address those concerns, and need to be modified before  the end of IZ to provide more protection for South Burlington’s natural resources, including buffers around the  habitat blocks, and protection for rare grasslands and vanishing farmlands.    How much of South Burlington’s remaining natural resources should be protected, and how much should be  developed? What is the right balance?  It’s pretty clear we have already consumed most of South Burlington’s  natural resources, and “balance” was likely achieved some time ago.    With the 9500 existing homes, commercial and municipal infrastructure, around 75 percent of the agricultural  soils that at one time existed in South Burlington have already been paved over with highways, airport  runways, parking lots, buildings, lawns, sports fields, solar farms, or fragmented into tiny parcels (see page 21  of “South Burlington Sustainable Agriculture / Food Security Action Plan, 2013”).  On top of this, there are at  least (even with IZ, and according to City staff) an additional 1150 new additional homes in the pipeline to be  built on mostly rural lands.  Over‐development has left every watershed in South Burlington impaired.      Our few remaining open spaces provide extensive public health, social and economic benefits that include  energy conservation and climate cooling, habitat for pollinators, carbon sequestration, water filtration,  absorption of air pollutants, improved wildlife habitat, recreational enjoyment, aesthetic relief and noise  reduction.   The earth economics report commissioned by the City confirmed the vast economic benefits of  preserving our remaining open space.  Our open spaces provide life and nourish our souls.    More broadly, the world is facing an ecology crisis.  Studies show that 41 percent of insect species have seen  steep declines in the past decade in the US; North American butterflies have declined by 53 percent,  grasshoppers and crickets by 50 percent and bee species by 40 percent.  The planet has also lost nearly 60% of  its mammals, birds, fish, reptiles and amphibians in the last few decades.  Human sprawl is top of the list for  2 these declines.  "Only decisive action can avert a catastrophic collapse of nature's ecosystems," the authors of  one report caution.  South Burlington must play its part in addressing this crisis.    To fulfill our commitment to future generations as stewards of the natural resources under our care, and to  protect this precious and special place that we all cherish, I urge that the City strengthen Articles 10 and 12.       Economic development, jobs and housing in the City should then be focused on infill and re‐development of  the failing commercial areas around City Center.  With online shopping, commercial retail will continue to  decline.   Re‐purposing failing commercial areas is a win‐win for the environment and the economy, and can  provide dynamic and attractive housing opportunities for people across all income levels.  “Case Studies in  Retrofitting Suburbia: Urban Design Strategies for Urgent Challenges” (2021) by June Williamson and Ellen  Dunham‐Jones describes how defunct shopping malls, parking lots, and other obsolete suburban development  patterns across the country are being retrofitted to address current urgent challenges they weren’t designed  for: improving public health, increasing resilience in the face of climate change, leveraging social capital for  equity, supporting an aging society, competing for jobs, and disrupting automobile dependence.    Looking forward to the PUDs, I also urge the City Council to consider the impact of new development on  property taxes. Once the number of students exceeds the carrying capacity of our school system, we will need  to pay for new school infrastructure.  That will mean higher budgets – as we saw last year ‐ and higher  education taxes.  We may already be at that point.    Respectfully,    Andrew Chalnick  670 Nowland Farm Rd    Daniel A. Seff 210 Meadowood Drive South Burlington, VT 05403-7401 April 5, 2021 Via Electronic Mail Ms. Helen Riehle, Chair City Council City of South Burlington, VT Email: hriehle@sburl.com Jessica Louisos, Chair Planning Commission City of South Burlington, VT Email: jlouisos@sburl.com Dear Chairperson Riehle and Chairperson Louisos: I write as a longtime South Burlington resident who has attempted to follow the recent online-only Planning Commission proceedings concerning draft revisions to the South Burlington Land Development Regulations (“SBLDR”). I am a practicing attorney with thirty years at the bar. My work involves interpreting statutes and regulations, including the SBLDR. The current online-only format for Planning Commission meetings has made it extremely challenging for this experienced legal professional to understand the Planning Commission’s proposed changes to SBLDR concerning the protection of natural resources, both in terms of the changes being suggested and the reasoning behind the proposed changes. By way of example, during a recent online-only Planning Commission meeting, Director of Planning and Zoning Paul Conner gave a presentation. Mr. Conner displayed numerous maps in an effort to show the Planning Commission and the small handful of us watching online which natural resource areas are protected by the SBLDR currently as compared to the natural resource areas which would be protected under the proposed SBLDR amendments under consideration. With the utmost respect to my friend Mr. Conner, the presentation was extremely difficult to follow on a computer screen. The complex color-overlayed maps were way too small to begin with, and the rapid switching from map to map made it impossible for online viewers to refer back to maps that had been displayed earlier. (I can only imagine the difficulties experienced by those who were watching on a smartphone or tablet.) Toward the end of this meeting, I attempted, via a post in the online “chat box,” to encourage the Planning Commission to hold off on any public hearings concerning proposed natural resources-related amendments to the SBLDR until such time as we are able to meet in- Letter to Helen Riehle, Chair & Jessica Louisos, Chair April 5, 2021 Page 2 of 2 person once again. Given the seemingly miniscule level of public attendance during the online- only Planning Commission SBLDR amendment proceedings to date, given the even lower level of public participation in those proceedings (the “chat box” is an ineffective public participation tool, as I have witnessed repeatedly), and given the critical importance of the subject matter under discussion, which will have profound effects for many years to come, it is, I believe, a moral and ethical imperative than any public hearings take place in-person. It would be a travesty if SBLDR amendments concerning critical natural resource protection issues were rushed though during this time of widespread ‘Zoom fatigue.’ In conclusion, I want to thank the Planning Commission members for their efforts to date concerning the draft SBLDR amendments. The City is fortunate to have dedicated volunteers who are willing to devote long hours to a meticulous (and I imagine sometimes tedious) process. The Commission’s work deserves a full and robust public discussion – which is something that can occur only during in-person public hearings. Thank you for your consideration and courtesies. Respectfully submitted, /s/ Daniel A. Seff Daniel A. Seff dseff@yahoo.com Richard H. Cate Vice President for Finance and Administration OFFICE OF THE VICE PRESIDENT FOR FINANCE AND ADMINISTRATION  350B Waterman Building  85 South Prospect Street, Burlington, VT 05405  phone (802)656-0219 Equal Opportunity/Affirmative Action Employer       Helen Reihle, City Council Chair City Council of South Burlington Jessica Louisos, Planning Commission Chair City of South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (via email) April 6, 2021 Dear Chair Reihle and Chair Louisos: Thank you for all the work that you and others at the City Council and Planning Commission have put into drafting the new provisions of the Environmental Protections Standards, and all the other components of the South Burlington rezoning process. As a landholder in the City, UVM has been trying to follow the process as closely as we can. As we stated in our letter last March, we are open to discussions about zoning on our land, but we will not support regulations that limit the use and potential use of our land in a manner greater than the current zoning allows. UVM owns four parcels of land that the Arrowwood report identified as containing Habitat Blocks as well as others that contain Habitat Connectors and these are now included in the draft Environmental Protections Standards that you are considering moving forward to a public hearing. Throughout the process, it has been conveyed that the Environmental Protection Standards and the PUD standards would work together to allow property owners to retain a certain level of development rights, including on parcels containing Habitat Blocks and Connectors. We are reviewing the current draft of the Environmental Protection Standards, dated March 26th, on the City’s website, and working to assess what the potential impact will be to the use of our land. Given that the latest draft was posted late last month, we do not feel we have had enough time to fully review and provide comment to the Planning Commission. Further, without the Commission completing its work on the PUD Standards, it is very difficult to have a full understanding of what the impact on our land will be should the Environmental Protection Standards move forward separately from the PUD standards. It is possible that the University is not alone in trying to quickly assess what the intended and unintended consequences of the Environmental Protection Standards might be. These are significant changes to the   Page 2 OFFICE OF THE VICE PRESIDENT FOR FINANCE AND TREASURER  350B Waterman Building  85 South Prospect Street, Burlington, VT 05405  phone (802)656-0219 Equal Opportunity/Affirmative Action Employer   existing regulations. It will be difficult to give meaningful feedback at a public hearing before UVM and potentially others have had time to adequately review this draft. Ideally, if we want to address an issue (intended or otherwise) we would like the opportunity to give feedback prior to a completed draft going through the public hearing process. This will save time and effort in that the public hearing will address a more rounded and well-reviewed product. Therefore, UVM requests that the Planning Commission delay the public hearing for the draft Environmental Protection Standards until we can see these together with the new proposed PUD standards. This will give the Commission, the University and others more complete information and the ability to review this more comprehensively as an interrelated package of new regulations. We understand the time constraints that you are under, having been in Interim Zoning for quite some time, but feel that it is more important to ensure that the proposed changes provide a complete and clear picture for you, landowners, and members of the public to be able to assess and provide comment. Sincerely, Richard H. Cate Vice President for Finance and Administration 1 Betsy Brown To:Marla Keene Subject:RE: EXTERNAL: Two questions arising from the map training session From: Rosanne Greco <rosanne05403@aol.com> Sent: Thursday, April 22, 2021 8:40 PM To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; Duncan MacDonald; Ted Riehle; Paul S. Engels Cc: Helen Riehle; Meaghan Emery Subject: EXTERNAL: Two questions arising from the map training session This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Jessica and Commissioners, I attended Monica’s map training session last evening. Thanks to Monica for spending the time helping us understand how to use the maps. I spent some time going over the maps as well as reading all of the papers that Paul Conner prepared, including the “By the Numbers” spreadsheet and graphic. (I’m still reading the 45+ pages of text.) I came away with two basic questions that should be very easy to answer. One has to do with the newly protected 974 acres citywide; the other has to do with the newly protected 142 acres in the SEQ I reattached the sheet that you are referring to in case others want to reference where the acres came from. 1. Unless I am mis-interpreting the maps (it’s hard to assess acreage from the maps), it appears that most of the newly protected 974 acres are the city parks: Red Rocks, Veterans, Eastwoods, Centennial, Symansky, etc. Am I reading the map correctly? Certainly you are not counting the acreage in our city parklands as part of the 974 newly protected land . So, would you please tell me where I could find on the map the 974 acres that are protected? 2. How much of the 142 newly protected acreage in the SEQ is formerly developable land? The MAIN reason that the residents asked the city to conserve land was to protect rural lands in the SEQ from turning into housing developments. Therefore, would you please tell me how many acres of land there are in the SEQ that could have been turned into housing under the old LDRs but are now protected under the new draft LDRs? Also, where can I find them on the map? Thank you for all of your work on this. Rosanne 1 Betsy Brown To:Marla Keene Subject:RE: EXTERNAL: An inconsistency ________________________________________ From: Rosanne Greco <rosanne05403@aol.com> Sent: Friday, April 23, 2021 3:20 PM To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; Ted Riehle; Duncan MacDonald; Paul S. Engels Cc: Helen Riehle; Meaghan Emery Subject: EXTERNAL: An inconsistency This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi, Commissioners, It’s me again. I love map reading (I used to do quite a bit of that in the military). After attending the map training with Monica, I’ve been spending time looking at the maps to see the LDR changes. But, I’ve found what looks to be an inconsistency. It has to do with wetlands and riparian areas. At the map training session on Wednesday, I asked why some of the riparian areas, which were protected under the old LDRs are no longer protected under the new LDRs (the map showed them as unprotected). Monica said it was because anyone who wanted to develop in those areas would have to do a field delineation; so therefore, riparian areas didn’t need to be shown as protected on the map. I take that to mean, someone would have to physically walk around the area to see if there were riparian areas present. And ... if riparian areas did exist—even though they are not listed on the map, then they could not build in that area. I think what Monica was saying, in other words, was that reality rules…not the map. Do I have that correct? But how would a developer know they couldn’t build there? But why then were protection areas shown for wetlands? The same thing applies to wetlands as it does for riparian areas. They have to be field delineated. Moreover, wetlands are protected under state regulations, so, actually there is no need to show them on our maps. (I am not suggesting these protections be removed from the city maps. Persona lly, the more protections we show for natural resources, the better. I’m just pointing out what appears to be an inconsistency.) If both wetlands and riparians areas have to be field delineated, why is one category of water resources shown as protected on the map and not the other? What was the rationale for showing wetland areas on the map (which are protected by the State) but not riparians areas (which are not protected by the State)? Speaking of wetlands. The new maps show a much larger area of wetlands than the previous maps. Did someone walk the land and discover that we had grossly under-shown the wetland areas on the prior maps? And, if there was a field delineation done for the wetland areas, why was it not done for riparians areas at the same time? Both are incredibly important natural resources. Maybe I am not understanding this properly. Would someone please explain this? I doubt I will be the only one with these questions. Rosanne 1 Betsy Brown Subject:RE: EXTERNAL: Two questions arising from the map training session -----Original Message----- From: Rosanne Greco <rosanne05403@aol.com> Sent: Saturday, April 24, 2021 9:13 AM To: Jessica Louisos <jlouisos@sburl.com> Cc: Bernie Gagnon <bgagnon@sburl.com>; Monica Ostby <mostby@sburl.com>; Michael Mittag <mmittag@sbu rl.com>; Duncan MacDonald <dmacdonald@sburl.com>; Ted Riehle <triehle@sburl.com>; Paul S. Engels <psengels@sburl.com>; Helen Riehle <hriehle@sburl.com>; Meaghan Emery <memery@sburl.com>; Marla Keene <mkeene@sburl.com> Subject: Re: EXTERNAL: Two questions arising from the map training session Jessica, Thanks so much for your kindness in responding so promptly to answer the questions I asked in this email…and the second email I sent on riparian areas and wetlands. I spent time looking at the slides (maps) that you sent. I’ve come to the conclusion that the technology is hindering the understanding of some basic, fundamental facts. The many layers and colors and acronyms make it very complicated. I know you and the Commissioners are very familiar with all of this, as you have been working on it for years. There are zoning and topology terms that you all probably take for granted; but, for the general public, I fear the text will be unintelligible, and the current interactive maps won’t help very much. That is why I tried to ask—what I thought were simple questions requiring “yes or no” responses; such as “Are there any riparian area which were once protected, but are no longer protected?” I confess that I don’t know enough about the various waterways to know how your response on river banks relates to my question. Or Monica’s response that a field delineation will make sure riparians areas won’t be disturbed by housing developments. I defer to you on how and when to address my questions (and I know that others have the same questions). I had thought by sending you questions in advance it would save time at the listening session. I do plan on attending these sessions, but didn’t want to monopolize the meeting time. Here is a suggestion, which I think will go a very long way in showing the public all the work you have done on adding 974 additional acres of protected land: use a few paper maps of SB without any colors. On one map, draw an outline on all of the previously protected lands. On the second map, draw an outline around all of the newly protected lands. And on a third map, draw a line around all of the lands which once were protected but are no longer protected (if this is the case). We can then see—without any of the colored clutter—where the new 974 areas are located. Would it be possible to show these on Tuesday? I confess that often times I do not understand the answers I get from the staff on land planning matters. Too many times in the past, I kept silent after getting a non-answer. I am not embarrassed to admit my ignorance, nor am I going to stop asking about these important matters. How we use our land has huge consequences for the future of our city and our planet. I intend to keep pushing for the answers on whether the new LDRs end up accomplishing what we, the people, requested of our city almost three years ago: stop allowing housing to be built on the rural lands in the SEQ. Thank you again for all you and the other Commissioners do for our city. Rosanne 2 > On Apr 23, 2021, at 16:25, Jessica Louisos <jlouisos@sburl.com> wrote: > > Hi Roseanne, > > Great questions. I will attempt to clarify below: > > Parks are NOT included in the 974 acres citywide and 142 acres in the SEQ that would be newly protected. > > The areas that are both in the LDR protection area AND a city park are included in the numbers called "Area restricted by Article 10/12" = a total restricted area of 4,449 acres. > > The next category down on the page then subtracts the areas that are parks or other forms of protection (all the green areas on the mapping) = "Area restricted by Article 10/12 OUTSIDE of Areas in a Form of Conservation" = 2,740 acres. of that 1,766 acres were already covered by the existing LDRS, so the change is the 974 acres you reference. > > The map slide show that I presented at the joint meeting with Council is the easiest for me to see the change in area: > https://www.arcgis.com/apps/presentation/index.html?webmap=c378ecfe8e7 > a47e69855ba704582861f Slide 8 is a good starting point. The areas > that show up in blue are the newly protected areas (orange overlap = > already in LDRS and green has a different type of protection) One issue with Slide 8 is that some of the green NRP land is under the blue and hard to see. To differentiate the blue areas that are on top of the NRP, I toggle between slides 3 and 4. The area calculations do not have this issue. > > A lot of the newly protected acreage 142 acres represent areas that could be developed or redeveloped at a higher intensity. Some areas are within existing neighborhoods, this is most common where a buffer width has been expanded. You can see this best on Slide 9 of the presentation I reference above. These locations within existing neighborhoods are less likely to be redeveloped. You can see these where the blue areas overlap with the grey "built" areas. > > I hope this is helpful. > > Jessica Louisos > > South Burlington Planning Commission Chair > > > > Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. > > ________________________________________ > From: Rosanne Greco <rosanne05403@aol.com> > Sent: Thursday, April 22, 2021 8:40 PM > To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; > Duncan MacDonald; Ted Riehle; Paul S. Engels > Cc: Helen Riehle; Meaghan Emery > Subject: EXTERNAL: Two questions arising from the map training > session 3 > > This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. > > > Dear Jessica and Commissioners, > > I attended Monica’s map training session last evening. Thanks to > Monica for spending the time helping us understand how to use the > maps. I spent some time going over the maps as well as reading all of > the papers that Paul Conner prepared, including the “By the Numbers” > spreadsheet and graphic. (I’m still reading the 45+ pages of text.) I > came away with two basic questions that should be very easy to answer. > One has to do with the newly protected 974 acres citywide; the other > has to do with the newly protected 142 acres in the SEQ > > I reattached the sheet that you are referring to in case others want to reference where the acres came from. > > 1. Unless I am mis-interpreting the maps (it’s hard to assess acreage from the maps), it appears that most of the newly protected 974 acres are the city parks: Red Rocks, Veterans, Eastwoods, Centennial, Symansky, etc. Am I reading the map correctly? Certainly you are not counting the acreage in our city parklands as part of the 974 newly protected land. So, would you please tell me where I could find on the map the 974 acres that are protected? > > > 2. How much of the 142 newly protected acreage in the SEQ is formerly developable land? The MAIN reason that the residents asked the city to conserve land was to protect rural lands in the SEQ from turning into housing developments. Therefore, would you please tell me how many acres of land there are in the SEQ that could have been turned into housing under the old LDRs but are now protected under the new draft LDRs? Also, where can I find them on the map? > > Thank you for all of your work on this. > > Rosanne > > > <winmail.dat> 1 Betsy Brown To:Marla Keene Subject:RE: EXTERNAL: Map of the Newly Conserved Acreage From: andrew@chalnick.net <achalnick@gmail.com> Sent: Sunday, April 25, 2021 9:59 PM To: Jessica Louisos <jlouisos@sburl.com>; Bernie Gagnon <bgagnon@sburl.com>; Monica Ostby <mostby@sburl.com>; Michael Mittag <mmittag@sburl.com>; Duncan MacDonald <dmacdonald@sburl.com>; Ted Riehle <triehle@sburl.com>; Paul S. Engels <psengels@sburl.com> Cc: Marla Keene <mkeene@sburl.com>; Paul Conner <pconner@sburl.com> Subject: EXTERNAL: Map of the Newly Conserved Acreage This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Jessica – A lot of folks – including me – are very confused as to the location of the newly protected 974 acres in the City. I tried all the various mapping tools and just have not been able to get a “clean” version of the new acreage because the new habitat block layer over-writes the current layers in all of the tools that I could find. Without being able to understand with clarity where these acres are I am finding it very difficult to meaningfully comment on the draft regulations. So, I spent a few hours creating my own map (attached, “change”) in which I try to show all the currently protected areas in the City, and then the newly protected areas in a new color (bright green). Can you let me know if you think this looks about right, or do you think there are newly conserved areas not shown on the “change” map in bright green. Two important caveats:  I did not include anything “new” with respect to new wetlands mappings on the basis that wetlands will need to be delineated (and have typically always been delineated), so a new wetland mapping would not actually change any wetland protections on the ground.  I also have not tried to show any new areas attributable to the steep slopes or the newly widened buffers around the wetlands and streams as it was just too hard for me to tease those out separately. If the “change” map I created is not accurate, I think the community would really benefit from a map which shows what I am attempting to show. That is, a map which starts with all of the currently protected areas and then just shows just the changes in a new color. FYI, I created the attached maps based off of the mapping layers at the following link: https://ccrpc.maps.arcgis.com/home/webmap/viewer.html?webmap=0f2e3ae2b7ab41b9a7339a72e9d87add On the first map (“current”), I selected all of the layers which show, I believe, the current zoning, including: 2  The Major Stream (Muddy/Potash) Current 100’ Buffer  Major Stream (Winooski) current 100’ Buffer  Minor Stream Current 50’ Buffer  Park and Recreation Zoning  River Corridor (2019)  SEQ Natural Resource Protection  Park Zoning  Conserved Land by Type of Conservation On the second map (“new”) I selected, in addition:  Habitat Block Revisions 2020-10-20  Staff Draft Habitat Connectors 2020 Using photoshop, I created a third map (“change”) in which I highlighted the areas shown as conserved on the new map that were not shown as conserved on the old map. I then removed some small amounts of the newly conserved areas to the extent the maps showed wetlands on those areas (since the wetlands would already have been conserved under the current regulations). Best, Andrew Dear Planning Commission, During this past year, technology has given me the opportunity to attend many more city meetings than previous years. I have been regularly attending the PC meetings, and I am grateful for your commitment to the City, your hard work in drafting the new LDRs and the countless hours you spend as volunteers. As a relatively new resident to South Burlington, attending these sessions has been a tremendous education. After carefully reading the proposed Article 12, I am concerned that there is no mention of, or protection for, grasslands. While I am aware that grasslands do not compromise a significant portion of the city, shouldn’t even a small amount of this important habitat warrant protection? It would seem that the smallest important habitats, which are at the greatest risk, should receive a voice and maximum protection so they do not disappear forever. On March 29th, 2021 VPR had a wonderful interview with Scott Weidensaul. He is a leading naturalist who has written over thirty books and has spent decades studying migratory birds. Mr. Weidensaul shared that since 1970, 30% of North American birds have disappeared totaling more than an astounding 3 billion. Even with that staggering number, he was hopeful. At the end of the interview he stated, “and, so for the groups of birds in North America that are in the worst shape today, like grassland birds - species like meadowlarks and bobolinks and upland sandpipers – that depend on natural grasslands, if we did the same thing for grasslands that we did for wetlands, we can bring those birds back. So, I mean, there are ways that we can turn this around. We just need to have the political will and the wherewithal to make it happen.” What he was referring to, with regards to wetlands, was the dramatic increase in water fowl and water birds over the last 40 years because “starting in the 1980’s, we as a society poured a tremendous amount of money and political will into restoring and protecting wetland habitats.” Here in our own backyard, in 2004, the city commissioned a study of breeding birds in the SEQ prepared by Wings Environmental. The study also cites widespread threats to grasslands and their inhabitants, and suggested that grasslands should have the highest conservation priority in the SEQ. The 2016 Biofinder Update Report states the ecological importance of grasslands (and shrublands) “whether of natural origin or resulting from active land management, are critical to the survival of a suite of bird species in Vermont.” Additionally, “with conversion of natural grasslands elsewhere in the Northeast and especially the Midwest has led to the decline of grassland birds in their historic natural habitats. This has given Vermont, and the Northeast in general, greater importance for the conservation of grassland birds. The North American Bird Conservation Initiative (NABCI) has designated grassland birds as a priority suite of species in Vermont.” The Wildlife Heritage Foundation describes Grasslands as “globally important because they are a natural Carbon Sink and natural carbon sinks are an important part of a natural process called Carbon Cycle. In the carbon cycle, earth both emits and re-captures and stores large quantities of carbon dioxide, also known as CO2, from the earth’s atmosphere thereby keeping the global temperature more or less in balance.” Now more than ever this is critically important. Natural carbon sequestration cannot be replaced. The U.S. Forest Service states that grasslands “also deliver other important services that are often perceived to be free and limitless. Taken for granted as public benefits, ecosystem services lack a formal market and are traditionally absent from society’s balance sheet. As a result, their critical contributions are overlooked in public, corporate, and individual decision- making. The Forest Service is working to promote public awareness of the importance of forests and grasslands to human well-being.” Just in today’s Vermont news, Bald Eagles will soon soar off the endangered species list. Margaret Fowle, a conservation biologist with Audobon Vermont also added this to the discussion: “And that’s not the only species [of concern] out there … grassland birds are declining, shrub land birds are declining. So, there’s lots to think about. But it’s basically going to come down to making sure there’s enough habitat for these birds, as well as making sure some of the impacts, like chemical impacts, aren’t there.” The bald eagle's story is a hopeful message that humans can undo damage to nature. It’s also a reminder of our continuing impact on other species. Finally, offering a completely different perspective, in a recent interview the Dali Lama stated “we must develop a sense of universal responsibility-for the earth and all humanity.” Our world is deeply interdependent, and he further explains “we have to appreciate that local problems have global ramifications from the moment they begin.” We now have the opportunity to set an example as leaders on the local level. From President Biden’s new initiatives to the upcoming g7 Summit to the U.N. Earth Economics Report to the Dali Lama, one thing is clear, the world is beginning to focus on our ecology crisis at all levels. What will be South Burlington’s role in confronting this threat? Every decision made in these LDRs will have a significant impact on future generations long after we are gone. My question for the PC is whether South Burlington has the foresight to do what is right for the City, all of our children as well as our neighbors who will ultimately be affected by the decisions that we make today? Thank you for your all of your hard work and consideration of these issues. Respectfully, Alyson Chalnick 1 Betsy Brown Subject:RE: EXTERNAL: Map of the Newly Conserved Acreage From: andrew@chalnick.net <achalnick@gmail.com> Sent: Monday, April 26, 2021 12:06 PM To: Jessica Louisos <jlouisos@sburl.com>; Bernie Gagnon <bgagnon@sburl.com>; Monica Ostby <mostby@sburl.com>; Michael Mittag <mmittag@sburl.com>; Duncan MacDonald <dmacdonald@sburl.com>; Ted Riehle <triehle@sburl.com>; Paul S. Engels <psengels@sburl.com> Cc: Marla Keene <mkeene@sburl.com>; Paul Conner <pconner@sburl.com> Subject: RE: EXTERNAL: Map of the Newly Conserved Acreage Jessica – many thanks for the reply. It would be great to enhance the information in the viewer that you linked. To show the “newly” conserved land clearly, I think the viewer would need to be enhanced to be able to show the "conserved/park/etc", the NRP, all the mapped wetlands (with existing buffers), rivers, streams and other currently protected areas on top of the areas protected by the draft. Best, Andrew From: Jessica Louisos <jlouisos@sburl.com> Sent: Monday, April 26, 2021 11:54 AM To: andrew@chalnick.net <achalnick@gmail.com>; Bernie Gagnon <bgagnon@sburl.com>; Monica Ostby <mostby@sburl.com>; Michael Mittag <mmittag@sburl.com>; Duncan MacDonald <dmacdonald@sburl.com>; Ted Riehle <triehle@sburl.com>; Paul S. Engels <psengels@sburl.com> Cc: Marla Keene <mkeene@sburl.com>; Paul Conner <pconner@sburl.com> Subject: Re: EXTERNAL: Map of the Newly Conserved Acreage Hi Andrew, I don't feel comfortable "approving" the map accuracy. I think the wetlands information is important, as we have draft changes to some of the buffer widths. I am going to ask the PC on Tuesday if they agree that the NRP areas and the green parcels that are shown as "conserved/park/ect" on the slide maps be added to the interactive viewer. We would need the NRP to be able to be shown on top of the LDR changes to be able to see this- I believe this is what is missing on the slide maps. I think then all the information would be in the same location. I am referring to adding this information to this viewer: 2 Current and Draft Environmental Standards (arcgis.com) Thanks, Jessica Jessica Louisos South Burlington Planning Commission Chair Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: andrew@chalnick.net <achalnick@gmail.com> Sent: Sunday, April 25, 2021 9:58 PM To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; Duncan MacDonald; Ted Riehle; Paul S. Engels Cc: Marla Keene; Paul Conner Subject: EXTERNAL: Map of the Newly Conserved Acreage This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Jessica – A lot of folks – including me – are very confused as to the location of the newly protected 974 acres in the City. I tried all the various mapping tools and just have not been able to get a “clean” version of the new acreage because the new habitat block layer over-writes the current layers in all of the tools that I could find. Without being able to understand with clarity where these acres are I am finding it very difficult to meaningfully comment on the draft regulations. So, I spent a few hours creating my own map (attached, “change”) in which I try to show all the currently protected areas in the City, and then the newly protected areas in a new color (bright green). Can you let me know if you think this looks about right, or do you think there are newly conserved areas not shown on the “change” map in bright green. Two important caveats:  I did not include anything “new” with respect to new wetlands mappings on the basis that wetlands will need to be delineated (and have typically always been delineated), so a new wetland mapping would not actually change any wetland protections on the ground. 3  I also have not tried to show any new areas attributable to the steep slopes or the newly widened buffers around the wetlands and streams as it was just too hard for me to tease those out separately. If the “change” map I created is not accurate, I think the community would really benefit from a map which shows what I am attempting to show. That is, a map which starts with all of the currently protected areas and then just shows just the changes in a new color. FYI, I created the attached maps based off of the mapping layers at the following link: https://ccrpc.maps.arcgis.com/home/webmap/viewer.html?webmap=0f2e3ae2b7ab41b9a7339a72e9d87add On the first map (“current”), I selected all of the layers which show, I believe, the current zoning, including:  The Major Stream (Muddy/Potash) Current 100’ Buffer  Major Stream (Winooski) current 100’ Buffer  Minor Stream Current 50’ Buffer  Park and Recreation Zoning  River Corridor (2019)  SEQ Natural Resource Protection  Park Zoning  Conserved Land by Type of Conservation On the second map (“new”) I selected, in addition:  Habitat Block Revisions 2020-10-20  Staff Draft Habitat Connectors 2020 Using photoshop, I created a third map (“change”) in which I highlighted the areas shown as conserved on the new map that were not shown as conserved on the old map. I then removed some small amounts of the newly conserved areas to the extent the maps showed wetlands on those areas (since the wetlands would already have been conserved under the current regulations). Best, Andrew 1 Betsy Brown Subject:RE: EXTERNAL: Two questions arising from the map training session -----Original Message----- From: Rosanne Greco <rosanne05403@aol.com> Sent: Monday, April 26, 2021 12:24 PM To: Jessica Louisos <jlouisos@sburl.com> Cc: Bernie Gagnon <bgagnon@sburl.com>; Monica Ostby <mostby@sburl.com>; Michael Mittag <mmittag@sburl.com>; Duncan MacDonald <dmacdonald@sburl.com>; Ted Riehle <triehle@sburl.com>; Paul S. Engels <psengels@sburl.com>; Helen Riehle <hriehle@sburl.com>; Meaghan Emery <memery@sburl.com>; Marla Keene <mkeene@sburl.com> Subject: Re: EXTERNAL: Two questions arising from the map training session Thank you very much, Jessica. I hope the staff is able to produce simple….non-interactive maps…for folks with poor eyesights and/or with poor computer skills in the coming week or so. I have a problem seeing details on a computer screen; and I know others in my age bracket have similar problems. Frankly, there is too much “clutter” on the interactive maps…and …. pardon the pun… but the forest is getting lost in the trees. Given that I think there is overlap between the existing protection areas and the newly protected areas, I think it would be much easier to compare the changes with two (or three) maps as I suggested: one with existing protections, one with only the newly added protections, and one (if true) with any deleted protection areas. Rosanne > On Apr 26, 2021, at 11:58, Jessica Louisos <jlouisos@sburl.com> wrote: > > Hi Roseanne, > > Thank you for the suggestions on the mapping. I am going to ask the PC on Tuesday if they agree that the NRP areas and the green parcels that are shown as "conserved/park/ect" on the slide maps be added to the interactive viewer. We would need the NRP to be able to be shown on top of the LDR changes to be able to see this- I believe this is what is missing on the slide maps. I think then all the information would be in the same location. > > It is not possible to produce maps ahead of our meeting, but we can discuss additional map needs at the meeting. > > Thanks, > > Jessica Louisos > > South Burlington Planning Commission Chair > > > > Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. > 2 > ________________________________________ > From: Rosanne Greco <rosanne05403@aol.com> > Sent: Saturday, April 24, 2021 9:12 AM > To: Jessica Louisos > Cc: Bernie Gagnon; Monica Ostby; Michael Mittag; Duncan MacDonald; Ted > Riehle; Paul S. Engels; Helen Riehle; Meaghan Emery; Marla Keene > Subject: Re: EXTERNAL: Two questions arising from the map training > session > > Jessica, > > Thanks so much for your kindness in responding so promptly to answer the questions I asked in this email…and the second email I sent on riparian areas and wetlands. > > I spent time looking at the slides (maps) that you sent. I’ve come to the conclusion that the technology is hindering the understanding of some basic, fundamental facts. The many layers and colors and acronyms make it very complicated. I know you and the Commissioners are very familiar with all of this, as you have been working on it for years. There are zoning and topology terms that you all probably take for granted; but, for the general public, I fear the text will be unintelligible, and the current interactive maps won’t help very much. That is why I tried to ask—what I thought were simple questions requiring “yes or no” responses; such as “Are there any riparian area which were once protected, but are no longer protected?” I confess that I don’t know enough about the various waterways to know how your response on river banks relates to my question. Or Monica’s response that a field delineation will make sure riparians areas won’t be disturbed by housing developments. > > I defer to you on how and when to address my questions (and I know that others have the same questions). I had thought by sending you questions in advance it would save time at the listening session. I do plan on attending these sessions, but didn’t want to monopolize the meeting time. > > Here is a suggestion, which I think will go a very long way in showing the public all the work you have done on adding 974 additional acres of protected land: use a few paper maps of SB without any colors. On one map, draw an outline on all of the previously protected lands. On the second map, draw an outline around all of the newly protected lands. And on a third map, draw a line around all of the lands which once were protected but are no longer protected (if this is the case). We can then see—without any of the colored clutter—where the new 974 areas are located. Would it be possible to show these on Tuesday? > > I confess that often times I do not understand the answers I get from the staff on land planning matters. Too many times in the past, I kept silent after getting a non-answer. I am not embarrassed to admit my ignorance, nor am I going to stop asking about these important matters. How we use our land has huge consequences for the future of our city and our planet. I intend to keep pushing for the answers on whether the new LDRs end up accomplishing what we, the people, requested of our city almost three years ago: stop allowing housing to be built on the rural lands in the SEQ. > > Thank you again for all you and the other Commissioners do for our city. > > Rosanne > > > >> On Apr 23, 2021, at 16:25, Jessica Louisos <jlouisos@sburl.com> wrote: >> >> Hi Roseanne, >> >> Great questions. I will attempt to clarify below: 3 >> >> Parks are NOT included in the 974 acres citywide and 142 acres in the SEQ that would be newly protected. >> >> The areas that are both in the LDR protection area AND a city park are included in the numbers called "Area restricted by Article 10/12" = a total restricted area of 4,449 acres. >> >> The next category down on the page then subtracts the areas that are parks or other forms of protection (all the green areas on the mapping) = "Area restricted by Article 10/12 OUTSIDE of Areas in a Form of Conservation" = 2,740 acres. of that 1,766 acres were already covered by the existing LDRS, so the change is the 974 acres you reference. >> >> The map slide show that I presented at the joint meeting with Council is the easiest for me to see the change in area: >> https://www.arcgis.com/apps/presentation/index.html?webmap=c378ecfe8e >> 7a47e69855ba704582861f Slide 8 is a good starting point. The areas >> that show up in blue are the newly protected areas (orange overlap = >> already in LDRS and green has a different type of protection) One issue with Slide 8 is that some of the green NRP land is under the blue and hard to see. To differentiate the blue areas that are on top of the NRP, I toggle between slides 3 and 4. The area calculations do not have this issue. >> >> A lot of the newly protected acreage 142 acres represent areas that could be developed or redeveloped at a higher intensity. Some areas are within existing neighborhoods, this is most common where a buffer width has been expanded. You can see this best on Slide 9 of the presentation I reference above. These locations within existing neighborhoods are less likely to be redeveloped. You can see these where the blue areas overlap with the grey "built" areas. >> >> I hope this is helpful. >> >> Jessica Louisos >> >> South Burlington Planning Commission Chair >> >> >> >> Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. >> >> ________________________________________ >> From: Rosanne Greco <rosanne05403@aol.com> >> Sent: Thursday, April 22, 2021 8:40 PM >> To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; >> Duncan MacDonald; Ted Riehle; Paul S. Engels >> Cc: Helen Riehle; Meaghan Emery >> Subject: EXTERNAL: Two questions arising from the map training >> session >> >> This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. >> >> >> Dear Jessica and Commissioners, >> 4 >> I attended Monica’s map training session last evening. Thanks to >> Monica for spending the time helping us understand how to use the >> maps. I spent some time going over the maps as well as reading all >> of the papers that Paul Conner prepared, including the “By the >> Numbers” spreadsheet and graphic. (I’m still reading the 45+ pages >> of text.) I came away with two basic questions that should be very >> easy to answer. One has to do with the newly protected 974 acres >> citywide; the other has to do with the newly protected 142 acres in >> the SEQ >> >> I reattached the sheet that you are referring to in case others want to reference where the acres came from. >> >> 1. Unless I am mis-interpreting the maps (it’s hard to assess acreage from the maps), it appears that most of the newly protected 974 acres are the city parks: Red Rocks, Veterans, Eastwoods, Centennial, Symansky, etc. Am I reading the map correctly? Certainly you are not counting the acreage in our city parklands as part of the 974 newly protected land. So, would you please tell me where I could find on the map the 974 acres that are protected? >> >> >> 2. How much of the 142 newly protected acreage in the SEQ is formerly developable land? The MAIN reason that the residents asked the city to conserve land was to protect rural lands in the SEQ from turning into housing developments. Therefore, would you please tell me how many acres of land there are in the SEQ that could have been turned into housing under the old LDRs but are now protected under the new draft LDRs? Also, where can I find them on the map? >> >> Thank you for all of your work on this. >> >> Rosanne >> >> >> <winmail.dat> > > <winmail.dat> 1 Betsy Brown To:Jessica Louisos Subject:RE: EXTERNAL: Comments for the PC listening session From: Rosanne Greco <rosanne05403@aol.com> Sent: Monday, April 26, 2021 1:59 PM To: Jessica Louisos; Bernie Gagnon; Monica Ostby; Michael Mittag; Ted Riehle; Duncan MacDonald; Paul S. Engels Cc: Helen Riehle; Meaghan Emery Subject: EXTERNAL: Comments for the PC listening session This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Commissioners, I drafted a lengthy 2-page email, which I’m including below, but then feared you might not read it all. So, here is a “Reader’s Digest” version. If I am understanding what I’ve seen so far (the text of the proposed changes is still VERY hard to decipher) I’m concerned that you have dropped protections for a critical natural resource: agricultural soils. South Burlington once had a “Path to Sustainability” effort which included protecting our agricultural soils so that we would be able to provide food for our residents. There are numerous references in multiple city- commissioned studies on the importance of preserving the agriculture soils in South Burlington. Key among them is the 2013 South Burlington Sustainable Agriculture/Food Security Action Plan. It reported that “It would be possible to grow enough fruit and vegetables on several hundred acres to provide all city residents with a good portion of the fruit and veggies we should be eating each day. Growing that amount of food could generate more than $9 million in farm revenue each year.” We currently have around 1,400 acres of ag land. Common Roots has since demonstrated we can grow large quantities of healthy produce on small plots of land. Food insecurity (hunger) is a problem in our city. One out of four people in South Burlington struggle to put food on their tables. Half of households experiencing food insecurity ate less fruits and vegetables since the start of the covid pandemic. Scientists report that “Sustainable, local, organic food grown on small farms has a tremendous amount to offer. Unlike chemical-intensive industrial-scale agriculture, it regenerates rural communities; it doesn’t pollute rivers and groundwater, it preserves soil and it can restore the climate.” Moreover, soil has benefits beyond providing healthy food. From a global perspective, di rt pulls carbon dioxide out of the air. It fosters 99 percent of the world’s food and close to half of our oxygen. Good dirt nurtures vegetables because it is full of minerals and beneficial bacteria. Healthy soil boosts crops, filters water, and stores water during droughts and floods. Soil specialists tell us that soil can help us through the tough times, 2 mitigate nutrient losses, slow down climate change, and soil-friendly practices could improve water quality in the Lake Champlain Basin. This is more important than ever because experts now recognize that the way our food is currently produced is having negative effects on the environment (pollution and soil erosion), human health (obesity) and rural economies (farm consolidation and mechanization). Whereas, a food system that is founded on principles of sustainability and food security has vast potential to improve public health, the environment, and society. But…first you have to save the soil. I believe that you could not possibly have been aware of this, otherwise, you would not have removed protections for South Burlington’s arable soils. Please listen to the science on the value of soil, in particular arable soils, and then take action to preserve as much as possible. When we learn more, we have the opportunity to make better decisions. I ask you to reinstate protections for our agricultural lands. Rosanne ~~~~~~~~~~~~~~~ full email follows~~~~~~~~~~~~~~~~~~~ Dear Commissioners, Thank you for offering the training sessions on how to use the maps and for holding listening sessions on the draft Environmental Protection LDRs. I’m sending this in advance of the first listening session for your early review. I’ve read the three papers that the staff prepared, looked at the maps multiple times, and I am part-way through the 45+ pages of text of the draft LDRs. I hope to be able to read them in their entirety before Tuesday. However, my initial reaction—if I am understanding what I’ve seen so far—has me concerned, in particular about a specific natural resource that appears to have lost protection: agricultural soils. During the last Interim Zoning period, I chaired the Sustainable Agriculture/Food Security Committee. At the time (and since then) I did a considerable amount of reading and research on this subject. As a result, I learned the importance — make that criticality in light of the climate crisis — of preserving arable soil. At the time of the last Interim Zoning period, South Burlington had a strategic vision of a sustainable future. Our now-abandoned “Path to Sustainability” effort was to transform the city for the challenges and opportunities of the 21st century. Part of the vision was to find a way to foster a diet of affordable, healthy, locally-grown food for city residents. To that end, the city hired experts to show us how to utilize our remaining farmland to produce healthful food without compromising future generations’ ability to do the same. Sustainable Agriculture integrates three main goals: environmental health, economic profitability, and social equity (sometimes referred to as planet, profit and people). But it all starts with saving the soil. One of the surprises from the analysis was how a relatively small amount of fertile soil can produce large amounts of healthy fruits and vegetables. They reported: “There are 2,200 acres of undeveloped agricultural soils in the city, 1,400 of which are suitable for cultivating crops. It would be possible to grow enough fruit and vegetables on several hundred acres to provide all city residents with a good portion of the fruit and veggies we should be eating each day. Growing that amount of food could generate more than $9 million in farm revenue each year.” 3 Since that was written, Common Roots, in a few short years, has demonstrated some of those possibilities. They have successfully grown large quantities of healthy produce on small plots of land, and are helping feed South Burlingtonians. In case you think food insecurity (hunger) is not experienced by our residents, one out of four people in South Burlington struggle to put food on their tables. Half of households experiencing food insecurity ate less fruits and vegetables since the start of the covid pandemic. Even before city residents were aware of the threats to our food systems and the impacts it was having on their neighbors, they supported saving our farmlands. Multiple surveys conducted of South Burlingtonians showed their support for protecting agricultural lands. Here are some statistics from a few surveys conducted in recent years: 82% supported protecting agricultural lands; 66% supported keeping farmland available for farming in the Southeast Quadrant; 73% agreed that more of the Open Space Fund should be dedicated to farmland protection; 67% favored conserving farmland. South Burlington used to have a lot of high quality fertile soil. Unfortunately, we paved over most of it. But, what we have left has the potential to provide healthy food for most of our residents. This will become increasingly important as irresponsible ways of industrial farming is depleting not only the amount of fertile agricultural land, but it is also degrading the nutritional quality of the soils. The effects of human-caused climate change is threatening our food sources even further. There are far-reaching benefits of preserving agricultural soil. A recent article in Independent Science News, stated, “Sustainable, local, organic food grown on small farms has a tremendous amount to offer. Unlike chemical-intensive industrial-scale agriculture, it regenerates rural communities; it doesn’t pollute rivers and groundwater…it preserves soil and it can restore the climate.” Moreover, soil has benefits beyond providing healthy food. There is power in dirt. From a global perspective, dirt pulls carbon dioxide out of the air. It fosters 99 percent of the world’s food and close to half of our oxygen. Without dirt, none of us would be here. Good dirt nurtures vegetables because it is full of minerals and beneficial bacteria. Healthy soil boosts crops, filters water, and stores water during droughts and floods. Soil quality is a really important entity as the climate changes. Heather Darby, an agronomic and soil specialist at UVM Extension said, “The function of soil can help us through the tough times, mitigate nutrient losses, feed the world, and slow down climate change… and soil-friendly practices could improve water quality in the Lake Champlain Basin.” She and other experts are urging decision-makers to educate themselves about soil. There are numerous references in multiple city-commissioned studies on the importance of preserving the agriculture soils in South Burlington. Key among them is the 2013 South Burlington Sustainable Agriculture/Food Security Action Plan. The consultants examined South Burlington’s geomorphic setting, climate, soils and hydrology and identified the soils suitable for agriculture in South Burlington. The analysis showed that most of the city’s best quality agricultural soils have been developed. Of the 10,600 acres of land in South Burlington, 78% were covered with soils that are classified as prime or statewide (the best types of soils). But the majority of these are now under highways, airport runways, parking lots, buildings, lawns, sports fields, solar farms, or fragmented. However, they found that what we still have is enough. Why does this matter now more than ever? The report stated that there was a growing recognition that the way our food is currently produced is having negative effects on the environment (pollution and soil erosion), human health (obesity) and rural economies (farm consolidation and mechanization). A food system that is founded on principles of sustainability and food security has vast potential to improve public health, the environment, and 4 society. Sustainable Agriculture is a way to foster a diet of affordable, healthy, locally-grown food for city residents. But…first you have to save the soil. I believe that you could not possibly have been aware of all of this information, scientific warnings, and expert advice on the importance of saving soil. Otherwise, you would not have removed protections for South Burlington’s arable soils. Please do what global and local environmental experts are urging: educate yourselves on the value of soil, and then take action to preserve it. When we learn more, we have the opportunity to make better decisions. I ask you to reinstate protections for our arable lands. Rosanne Greco 1 Betsy Brown To:Jessica Louisos Subject:RE: EXTERNAL: Listening Session: location, location, location -- a case for open space From: Janet Bellavance <janetbellava@gmail.com> Sent: Tuesday, April 27, 2021 8:04 AM To: Helen Riehle; Tim Barritt; Matt Cota; Meaghan Emery; Tom Chittenden; Jessica Louisos; Michael Mittag; Monica Ostby; Ted Riehle; Duncan MacDonald; Paul S. Engels; Bernie Gagnon Subject: EXTERNAL: Listening Session: location, location, location -- a case for open space This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear City Councilors and Planning Commissioners, Our City, Our future When I walk in Red Rocks Park with friends or watch my grandchildren play in the streams and sandboxes at Wheeler Nature Park, I am so grateful that someone had the foresight to advocate to keep these once private lands open to the public. We can’t take any open space for granted. With 9,500 existing homes, most of the agricultural soils that at one time existed in South Burlington have already been developed with highways, airport runways, parking lots, buildings, lawns, sports fields, solar farms, or fragmented into tiny parcels. On top of this, there are at least an additional 1150 new homes in the pipeline to be built on mostly rural lands. This is a 12% increase in our housing stock while we are still in interim zoning. The 2016 Comprehensive Plan anticipated and prepared for a growth rate of 1.5- 2% in average annual dwelling units. Our current rate of growth is unsustainable and has serious consequences for the citizens of South Burlington and the quality of life we hope to maintain. A Cost of Community Services in VT study shows that increased residential development actually increases per capita tax rates as municipal taxes are inadequate to cover services. We will need new schools, roads, increased municipal services, etc. The Earth Economics Report commissioned by the City confirmed the vast economic benefits of preserving our remaining open space. Our Interim Zoning Bylaws state: “With the delicate ecosystems and preparedness of both our natural and constructed infrastructure in mind, the City needs to determine what locations, types, and densities of development are most desirable in order to maintain the balance between natural and developed spaces and sustainability and to avoid a fiscal crisis -- not when it is upon us, but before we reach that point.” 2 Our few remaining open spaces provide extensive public health, social and economic benefits. “Science shows us that leveraging the power of nature is one of the most effective tools we have to address the climate emergency. Healthy forests, grasslands and wetlands can deliver up to a third of the global emissions reductions needed by 2030.” (Nature Conservancy) As climate change scientists are imploring, now is the time to act. Yet, we are targeting much of this existing open space for development. Let’s rethink the “location” of development in our city. Why are we building on our remaining open spaces? Why aren’t we incentivising redevelopment of existing structures for housing? These underutilized properties already have infrastructure (water, sewer, roads, utilities). The city should make it easier to redevelop already existing land than to develop on green space. This could be done by making it harder and more expensive to develop green space, by removing barriers/costs to re development, or a combination of the two. In neighboring towns we see many creative examples of redevelopment of commercial space for housing. Now is the time for South Burlington to recognize open space as the asset and finite resource that it is. Now is the time for citizens of South Burlington to speak up and advocate for the strongest Environmental Protection Standards in our new Land Development Regulations. Janet Bellavance 25 Brewer Parkway Daniel A. Seff 210 Meadowood Drive South Burlington, VT 05403-7401 April 27, 2021 Via Electronic Mail Ms. Helen Riehle, Chair City Council City of South Burlington, VT Email: hriehle@sburl.com Ms. Jessica Louisos, Chair Planning Commission City of South Burlington, VT Email: jlouisos@sburl.com Dear Chairperson Riehle and Chairperson Louisos: Section 9.06(B)(3) of the South Burlington Land Development Regulations (“SBLDR”) states that “existing natural resources shall be protected through the development plan, including (but not limited to) primary natural communities, streams, wetlands, floodplains, [and] conservation areas shown in the Comprehensive Plan. . . .” SBLDR § 9.06(B)(3) (emphasis added). The City’s 2016 Comprehensive Plan identifies “primary conservation areas” on Map 7 and the Comprehensive Plan states (at page 2-103) that “Primary conservation areas (Map 7) include environmentally sensitive and hazardous areas that are off limits to development, regardless of their setting or context. . . .” (emphasis added). The Comprehensive Plan also mandates that only “limited encroachment” may be allowed in “Secondary Conservation Areas” (see Comp. Plan, page 2-103 (emphasis added), and Map 8). A planned unit development (“PUD”) must be “consistent with the goals and objectives of the Comprehensive Plan for the affected district(s).” SBLDR § 15.18(A)(10). One of the Comprehensive Plan’s goals for the City, including the Southeast Quadrant (“SEQ”), is “conservation of identified important natural areas” (Comp. Plan, p. 1-1 (emphasis added)). And one of the objectives for the SEQ is prioritizing and conserving existing contiguous and interconnected open space areas (see Comp. Plan, p. 3-38, Objective 60). The Comprehensive Plan has identified important natural areas on Maps 7 and 8. Residential and commercial development in these important natural areas is inconsistent “with the goals and objectives of the Comprehensive Plan,” SBLDR § 15.18(A)(10). Letter to Helen Riehle, Chair & Jessica Louisos, Chair April 27, 2021 Page 2 of 4 One of the protected “primary conservation areas” depicted on Map 7 is “Riparian Connectivity.” It is no accident that the City designated these riparian connectivity areas as off- limits to development. “Surface Waters and Riparian Areas” include not only rivers, streams, lake, ponds and wetlands but also the floodplain and land surrounding these water bodies that are impacted by the waterways. See “ANR Fish & Wildlife Department, Mapping Vermont’s Natural Heritage: A Mapping and Conservation Guide for Municipal and Regional Planners in Vermont,” 2018, at p. 48, available at: https://vtfishandwildlife.com/sites/fishandwildlife/files/documents/Get%20Involved/Partner%20i n%20Conservation/MVNH-web.pdf (last visited Apr. 27, 2021) (hereafter, “ANR Guide”) (“Surface Waters and Riparian Areas maps the entire area impacted by these waterways, including not only the water itself but also the surrounding land. This surrounding area is referred to as the riparian area.”). The ANR explains that the BioFinder tool maps “outline the areas of land that need to remain healthy and intact if we want to provide plants, animals, and natural resources the best chance of survival over time.” ANR Guide, at p. 78. The ANR has instructed as follows: Maintaining a vegetated riparian area may be the single most effective way to protect a community’s natural heritage. The riparian area provides high quality habitat for a great diversity of both aquatic and terrestrial species. . . . Terrestrial animals use riparian areas as travel corridors, while many plant and tree seeds float downstream to disperse. Streamside vegetation helps to control flooding, and it is crucial in filtering overland runoff – which protects water quality – and stabilizing stream banks, which prevents excessive streambank erosion and sediment buildup. What’s more, maintaining the riparian area is one of the most cost- effective ways to provide resilience for a changing climate. ANR Guide, at p. 49 (emphasis added). The ANR goes on to state: Not sure where to begin conserving your community’s natural heritage? Consider starting with riparian habitat. Among conservation actions taken at the community level, maintaining riparian habitat has one of the greatest impacts for wildlife. It’s also an area of great benefit for a community, since conserving the riparian area not only protects wildlife habitat but also maintains water quality, reduces erosion, provides flood resilience, and can support recreational opportunities. ANR Guide, at p. 32 (emphasis added). Map 8 shows additional critical natural resources, including Prime Agricultural Soils, Grasslands and Farmlands. Letter to Helen Riehle, Chair & Jessica Louisos, Chair April 27, 2021 Page 3 of 4 The conservation areas depicted on Maps 7 and 8 need protection now more than ever. And yet, the latest draft of the Planning Commission’s proposed SBLDR revisions weakens the protections afforded by existing SBLDR Section 9.06(B)(3). In fact, that Planning Commission draft omits completely the reference to protection for the “conservation areas shown in the Comprehensive Plan. . . .” SBLDR § 9.06(B)(3) (emphasis added). To date, I have not heard any reason – much less a good reason – for removing the incorporation of Maps 7 and 8 into SBLDR Section 9.06(B)(3). Section 9.06(B)(3)’s incorporation by reference of the Comprehensive Plan is consistent with Vermont Supreme Court case law holding that a municipal zoning bylaw can incorporate aspects of a town plan by reference. See In re Appeal of JAM Golf, LLC, 2008 VT 110, ¶ 16, 185 Vt. 201, 969 A.2d 47 (“Here, the City has chosen to incorporate the city plan into its bylaws. See § 26.151(1) (a PRD ‘will [c]onform with the City’s Comprehensive Plan’). Due to the broad authority granted to towns to implement their city plans, we cannot conclude that § 26.151 is an unauthorized method of zoning regulation.”). The Comprehensive Plan details the protected conservation areas on Maps 7 and 8. These Maps are designed to avoid vagueness issues such as the one that came up in the JAM Golf case. See South Burlington Open Space Committee, Open Spaces, Special Places: Our Legacy, Our Future 13 (Apr. 2014) (in light of JAM Golf, “[i]t is now recommended that regulations clearly identify those resources to be protected – e.g., through maps. . . .”) (emphasis in the original), available at: http://www.southburlingtonvt.gov/2014%20Open%20Space%20Report.pdf (last visited Apr. 27, 2021). Moreover, SBLDR Section 9.06(B)(3) is consistent with State statutory law, which provides that municipalities can “identify, protect, and preserve important natural and historic features of the Vermont landscape,” including “significant natural and fragile areas” and “outstanding water resources, including lakes, rivers, aquifers, shorelands, and wetlands.” 24 V.S.A. § 4302(c)(5)(A), (B). In conclusion, I strongly encourage the Planning Commission to maintain SBLDR Section 9.06(b)(3)’s incorporation of Maps 7 and 8. And if the Planning Commission fails to do so, I would urge the City Council to reject the proposed SBLDR revisions. Thank you for your consideration and courtesies. Respectfully submitted, /s/ Daniel A. Seff Daniel A. Seff dseff@yahoo.com 1 Betsy Brown From:Jessica Louisos Sent:Monday, May 3, 2021 9:47 PM To:Betsy Brown Cc:Marla Keene Subject:Fw: EXTERNAL: Planned road through a wetland Public input received. Jessica Louisos South Burlington Planning Commission Chair Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Loretta Marriott <lmarriot@uvm.edu> Sent: Friday, April 30, 2021 3:36 PM To: Marla Keene Cc: Paul Conner; Paul S. Engels; Bernie Gagnon; Jessica Louisos; Duncan MacDonald; Michael Mittag; Monica Ostby; Ted Riehle; Helen Riehle; Meaghan Emery; Tim Barritt; Tom Chittenden; Matt Cota; Kevin Dorn Subject: EXTERNAL: Planned road through a wetland This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Hi Marla, Thank you for your message. Is there really a "planned road Tilley Drive Extension" across Potash Brook, through the wetland, to Community Dr. and then on to Kimball Ave? See CCRP envision I-89 map below. Currently there is pedestrian/bike path and wooden bridge there. I have read South Burlington’s Comprehensive Plan and the City's proposed Environmental Protection Standards update including Article 12 and the Interactive Map Viewer. Also I am familiar with the CCRP envision I-89 document and Burlington International Airport’s 2030 Master Plan. Kevin Dorn sent me the Mission, Vision and Values statement for the City of South Burlington which is different than that in the Comprehensive Plan. I can send it to you if you want. Re: the Interactive Map Viewer… 2 *Does (yellow) existing mean these areas will not change? *How accurate are the color boundaries? I find the interactive map…unclear (as well as difficult to use). It would be helpful to clarify not only what is existing but what is proposed to stay existing. I understand blue is proposed and yellow is existing. I hope my question is clear. The narrative of Article 12 says (in a general sort of way) roads through wetlands are permitted if they are necessary and there is a plan to mitigate damage. Is this really correct? For example: *The CCRP envision I-89 map has a “planned road Tilley Drive Extension” across Potash Brook, through the wetland, to Community Dr. and then on to Kimball Ave? See the CCRP envision I-89 map. *Again the CCRP envision I-89 map has a “Planned City Street Connection” from Tilley Drive heading north roughly parallel to Old Farm Road (to the airport according to last evening’s zoom meeting presenter). I have added some screen shots to help. Will these roads be permitted? Thank you, Loretta Marriott 13 Mills Ave 3 4 On Apr 30, 2021, at 1:06 PM, Marla Keene <mkeene@sburl.com> wrote: Hi Loretta, from a planning perspective, our Comprehensive Plan might be the document you’re looking for. https://cms6.revize.com/revize/southburlington/document_center/planning/SB_Comprehensive_Pl an_Complete_Adopted_2-1-2016.pdf Marla Keene, PE Development Review Planner City of South Burlington (802) 846-4106 From: Loretta Marriott [mailto:lmarriot@uvm.edu] Sent: Wednesday, April 28, 2021 10:10 AM To: planning <planning@sburl.com> Subject: EXTERNAL: Fwd: Does South Burlington have a unified mission and core values statement? This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Greetings, I received a message that Paul is out of the office and a suggestion to use this email address for messages. Thank you, Loretta Begin forwarded message: 5 From: Loretta Marriott <lmarriot@uvm.edu> Subject: Does South Burlington have a unified mission and core values statement? Date: April 28, 2021 at 9:39:19 AM EDT To: Paul Conner <pconner@sburl.com> Cc: Paul Engles <psengels@sburl.com>, Bernie Gagnon <bgagnon@sburl.com>, Jessica Louisos <jlouisos@sburl.com>, Duncan Macdonald <dmacdonald@sburl.com>, Michael Mittag <mmittag@sburl.com>, Monica Ostby <monicaostby@gmail.com>, Ted Riehle <triehle@sburl.com> Hi Paul, Here is a message that I sent to Kevin Dorn with a cc to the SB City council yesterday. Thank you for all the work you and the Planning Commission do. The work on updating the Comprehensive Plan and the natural resources map is remarkable! Loretta Forwarded message: It seems to me that the proposed I-89 12B interchange is backward thinking and counter to the values supporting work of various South Burlington departments and committees. To evaluate my thinking I searched the South Burlington City website and found the Mission Statement and core values for the South Burlington Police Department which I have included below. Does South Burlington have a unified mission and core values statement? Thank you, Loretta Marriott 13 Mills Ave Welcome to the South Burlington Police Department MISSION STATEMENT It is the mission of the South Burlington Police Department to foster a safe environment which promotes a high quality of life within our community. We will accomplish this by reducing the level and fear of crime and facilitating safe highways; by addressing community concerns; by actively seeking input and responding to issues brought to our attention; by managing our organization responsibly utilizing effective efficient, and rational planning; by recruiting, retaining, and nurturing the development of the most qualified personnel to meet the needs of the community and the police department. We will abide by a core set of values, being: integrity, loyalty, dedication to duty, professionalism, teamwork, fairness, and respect. Dear Councilors, We have been following the good work of the Planning Commission as they revise and dra< land regula=ons, in par=cular Ar=cle 12 and Ar=cle 15. In an=cipa=on of this being discussed at Tuesday’s council mee =ng, and in the interest of clarity, we offer some observa=ons and sugges=ons, and have a few ques=ons. Even though some of us have been reading LDRs for years, the language used in these dra< Ar=cles is confusing, and in some places, seemingly contradictory. We even heard a Planning Commissioner admit he didn!t understand the meaning of some of the provisions. If people who deal with LDRs are confused, one can assume that many of the general public will not understand these ar=cles or their implica=ons. This could result in fewer comments. Or, it may take a considerable amount of =me during the public comment period to explain the meaning of the Ar=cles. Since these LDRs will have significant impacts on South Burlington’s future land use, it is essen=al they are understandable and have no unintended consequences. Sugges=ons 1.Include an Execu=ve Summary wriQen in lay terms for each Ar=cle which states the goals for the Ar=cle and how the Ar=cle achieves those goals. 2.Re-dra< the Ar=cles using non-technical and straighSorward language; or add a supplemental layperson version—similar to what is now required with other explanatory documents dealing with legal and medical maQers. 3.Include a graphic or photo of selected parcels of land which depicts what the proposed language would allow. For example, give one or two examples of proper=es which could be developed using these new regula=ons, and how these proper=es would look if maximally developed under Ar=cle 12 and 15. 4.Spell out all acronyms before first using them, and include a glossary with these commonly used acronyms and terms. Ques=ons The answers to these general ques=ons are fundamental for the public to know in order to understand the issues and the implica=ons of the proposed Ar=cles. 1.Do the ar=cles result in more land being conserved? Where is this land? 2.Do the ar=cles list stronger environmental protec=ons? What are these measures? 3.Do the ar=cles con=nue to protect the land areas iden=fied in the Comprehensive Plan as “Primary and Secondary Conserva=on Areas” (Maps 7 and 8)? How do the new regula=ons do this? 4.Do Ar=cles 12 and 15, as well as Ar=cles 10 and 18, complement each other? Have any contradic=ons among them been resolved? Are they completely in synch and suppor=ve? 5.Would new PUD regs e ffec=vely "up-zone" the SEQ from a base of 1.2 to as much as 16 units per acre, vs. the 4 or 8 per acre now allowed in certain circumstances? 6.In a Conserva=on PUD, where 70% of the acreage would be conserved, is that 70% of buildable land (excluding hazards and level I and II resources) OR the total land in the parcel? 7.What is the difference between density based on Building Type and density based on District or Zone Density? South Burlington Land Trust dedicated to preserving South Burlington’s forests, wetlands, farmlands and oth- er natural areas through landowner preservation agreements and other conser- vation vehicles to maintain city residents’ high quality of life. August 18, 2020 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Dear Commissioners, The South Burlington Land Trust (SBLT) welcomes the Planning Commission’s invitation to comment on the draft Article 12 of the Land Development Regulations (LDR). As an organization whose mission it is to preserve natural resource lands in South Burlington, we are well suited to provide input to this “Environmental Protection Standards” chapter of the LDRs, and we look forward to partnering with the city in crafting this environmental article. In line with the Planning Commission Chair’s direction, we will relegate our comments in this letter to only high-level topics and general areas. Overall, we applaud the work done on this article and are grateful that at long last there will be a chapter in the LDRs devoted to measures which will result in the protection and preservation of our natural resources. Every other chapter/article in the LDRs is devoted to various aspects of development. Having one chapter in the LDRs which enumerates specific environmental protection standards is not only welcome, but necessary in light of the destruction and damage to the environment from habitat loss and climate change. Preserving our natural environments becomes THE highest priority that responsible planners and citizens should have. No other issue or cause, regardless of their merit, rises to the priority of saving our environment. Therefore, we approach article 12 with the serious threats and dangers of habitat degradation and climate change in mind. 1.While Article 12 goes into detail on water issues, this chapter should be broadened to become a comprehensive document addressing all areas of our natural environmental. It rightly devotes considerable treatment to wetlands, forest blocks, and habitat areas. But there are other natural resources needing environmental protection, such as riparian areas, fields and meadows, soils, etc. Past studies commissioned by the city address these areas and are a source to be drawn from to make this chapter complete. South Burlington Land Trust Inc. is a 501 (c) (3) non profit organization: Tax ID # 75-3133866. 500 Cheese Factory Rd., South Burlington VT 05403 Board of Directors President Sarah Dopp Treasurer Michael Mittag Secretary Karen Ryder Janet Bellavance Alyson Chalnick Rosanne Greco Allan Strong Page 2 2.The rationale and purpose for drafting Article12 as stated in the Article and in the cover memo from Paul Conner, provide valuable insights into the need for environmental protections. However, in many areas of the current draft there is a lack of specificity needed in a regulatory document. As currently written, decisions on environmental protections are frequently left to the subjective opinions of the members of the Development Review Board (DRB). We have heard many times from DRB members that they are there to make sure that development applications comply with city regulations. They are not supposed to create or interpret regulations. They have stated that without clear and specific regulations, they are left to deduce what the planners intended, or to come up with their own interpretation. General or ambiguous terminology in LDRs has led to confusion and uncertainty among DRB members and has even resulted in legal challenges—the JAM Golf lawsuit being one prime example among others. 3.In the cover memo, Paul Conner states that the Environmental Protection Standards draft is “intended to be clear and user-friendly”. This is refreshing to read. However, some of the foundational terminology used is confusing and ambiguous. In particular, using the word “hazard” for high-value natural resource areas is problematic. The common dictionary definition of that word is “potential source of danger”. It is likely that the average citizen would think that hazard areas are dangerous areas. Other nomenclature, such as “level 1 and level 2” are ambiguous. Without a clear definition and specific regulations associated with these numbers, they are merely numerals. Using “clear and user-friendly” words, such as “high or medium or low priority” along with the statutes associated with each will make these levels understandable. 4.The recent Arrowwood study is cited as a source for some of the draft. As valuable as the study was, it focused on only one area of the environment. Regarding our first comment on having this article provide protections for the total natural environmental, more environmental areas need to be addressed using more environmental studies and reports. There are dozens of past environmental studies commissioned by the city, including the recent studies done under Interim Zoning. To ignore them would be foolhardy and a waste of taxpayer money. 5.Past environmental standards based on older science, or before climate change impacts were understood, need to be updated. The amount of buffer areas is an example. Even in Vermont, extreme weather events are becoming more frequent, Lake Champlain is in peril, as are all of South Burlington’s waterways. Further, arable land is being lost, wetlands and riparian areas have been damaged, wildlife is disappearing, and more. More stringent protection measures based on improved and enlightened assessments need to be incorporated into this Article. 6.It is unclear what role the city’s Natural Resource Committee plays in this Article. As the only city entity devoted to natural resources, we think it appropriate that this committee have input on all developments which threaten to impact the natural environment. Page 3 The SBLT firmly believes that South Burlington needs to put in place clear and powerful standards to protect our natural environment. The city’s Comprehensive Plan, as has every environmental study commissioned by the city in the past, advocates for land preservation. It is past time to codify these requirements into the city LDRs. Article 12 is the ideal way to do that. The SBLT will use our knowledge and experience to partner with the Planning Commission in drafting the necessary language to accomplish this. We look forward to hearing how we can best support making Article 12 a successful environmental protection document. Thank you for giving us this opportunity. Sincerely, The Directors of the South Burlington Land Trust 1 Betsy Brown From:Jessica Louisos Sent:Monday, May 3, 2021 9:49 PM To:Ted Riehle; Duncan MacDonald; Monica Ostby; Paul S. Engels; Michael Mittag; Bernie Gagnon Cc:sarah.morganhouse@comcast.net; Marla Keene; Betsy Brown Subject:Fw: EXTERNAL: Please share with the Planning Commission before Tues., Thanks! Attachments:LDR comments 2-15-21 (pdf).pdf; Letterhead version of article 12 sblt email 8-17-2020 pdf - Shortcut.lnk.pdf Please see attached and below public comment received. Jessica Louisos South Burlington Planning Commission Chair Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Sarah Dopp <sarah.morganhouse@comcast.net> Sent: Sunday, May 2, 2021 10:56 PM To: Jessica Louisos Subject: EXTERNAL: Please share with the Planning Commission before Tues., Thanks! This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Planning Commissioners: Thank you for holding the listening sessions for the public to weigh in on the proposed LDR's, Chapters 9, 10 and 12, related to Environmental Protection Standards. We in the So. Burlington Land Trust are grateful to have had opportunities to share our perspectives in person and in writing. I am attaching two pertinent communications sent earlier and hope you will review them, because they are still pertinent to your process. We fervently hope that they have been or will be incorporated in your final product. Several other important items for consideration are: protections of agricultural soils, protection of grasslands and shrub lands, and inclusion of the "supporting habitats" surrounding the habitat blocks, as articulated by Arrowwood Environmental . Since the Comprehensive Plan adopted in 2016 is the plan under which we operate until the next cycle (2024), the LDR's adopted now must regulate and relate to the vision for the City as articulated there, we also feel that there is a need to reference and explain some changes in terminology which now differ between the Comp Plan and the proposed LDR's, namely "Level I, Level II and Hazards" and how they relate to the still 2 current Maps 7 and 8, which speak instead of "Primary and Secondary Conservation." It should be clear to any reader of the new LDR's how these differ and how they remain similar. One additional comment is to note that these are LDR's for the whole City, not just the SEQ. There are remaining open lands all over the City, though it is true that the majority of open space is in the SEQ. 1 Betsy Brown From:Jessica Louisos Sent:Monday, May 3, 2021 9:59 PM To:Betsy Brown; Marla Keene Subject:Fw: EXTERNAL: Review of Habitat Blocks Received public comment below. Jessica Louisos South Burlington Planning Commission Chair Notice - Under Vermont’s Public Records Act, all e-mail, e-mail attachments as well as paper copies of documents received or prepared for use in matters concerning City business, concerning a City official or staff, or containing information relating to City business are likely to be regarded as public records which may be inspected by any person upon request, unless otherwise made confidential by law. If you have received this message in error, please notify us immediately by return email. Thank you for your cooperation. From: Francis MacDonald <fmacdonald@verizon.net> Sent: Monday, May 3, 2021 4:10 PM To: Jessica Louisos; Bernie Gagnon; Michael Mittag; Ted Riehle; Paul S. Engels; Duncan MacDonald; Monica Ostby Subject: EXTERNAL: Review of Habitat Blocks This message has originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. Dear Commissioners, I am disappointed in the Planning Commission’s assessment of the Forest Habitat Blocks identified in the Arrowwood Environmental LLC report. The review of 20 blocks during working sessions on September 29 and October 13, 2020 seemed biased in favor of land development rather than looking at the value for conservation, habitat and open space. The Forest Blocks reviewed were identified by using two different shades of green: dark green for “core”; light green for “buffer”. The “buffer” used was 100 meters (300 feet) and was subtracted from the Arrowwood block. Using two shades of green creates two different “values” of forest block– “important” and “not so important”–in place of the single shade of green used by Arrowwood. Also, the concept of “buffer” has taken on two different meanings depending on who is interpreting the value of the Forest Block. The Arrowwood report first uses “buffer” as a “ranking” parameter to compare blocks in order of importance by comparing the size of the core with the size of the outer 300 feet. A large roundish block has a higher rating than a long thin block. In a March 26, 2021 letter to the City Council and Planning Commission, Arrowwood adds clarification and indicates a “buffer” as “undeveloped lands adjacent to habitat blocks”. And states that “these adjacent lands serve to add wildlife value to the mapped blocks”. This would indicate a “buffer” area be used as an addition to the outer edge of the block. The Planning Commission uses “buffer” as a 300-foot subtraction from the identified block reducing the size and importance of areas within the block. And as a tool for “lopping off” or removing areas of the originally identified habitat area. 2 During the review of the 20 blocks, the phrase “is this change likely to affect development?” was often heard. In those areas where “it is not likely to affect development”, the buffer was kept. In areas where “this land is suitable for development”, the buffer was removed. In the evaluation of the 20 blocks, 9 blocks had sections removed allowing development, and in 11 blocks no changes were made. In many of these 11, other restrictions such as steep slopes, river corridor or flood plain were also present. The following are three examples where protections were removed by “lopping off” the light green “buffer” area in favor of development: 1. 1720/1730 Spear St – Property between South Pointe and South Village: A “light green” forested buffer was removed to allow development of 49 homes. 2. Wheeler/Hill Farm – “Light green” buffer areas with trees and shrub were removed to “straighten the demarcation” and allow future development. 3. Meadowland – A large “light green” buffer of shrub and grassland was removed to allow future development. During these discussions, the commissioners seemed to be advocating for development rather than for wildlife habitat and open space. This seems contrary to the intent of Interim Zoning where the City paused development to identify and protect open space and natural resource wildlife habitat. Respectfully submitted, Francis MacDonald 57 Moss Glen Lane South Burlington, VT 05403 South Burlington Planning & Zoning 575 Dorset Street South Burlington, VT 05403 Dear Commissioners: RE: SB Proposed Environmental Protection Standards update This update shows detailed work. As a piece of a larger puzzle, it should be presented in context with important/attendant PUD updates. Perhaps the PC/Council being “on the clock” (with IZ considerations) requires something to be delivered this month. As a stand-alone, this update shows an earnest map exercise that creates new categories of indeterminate need. Habitat blocks/habitat connectors – Be mindful of the 2003 Arrowhead study that supported NRP protections and resulted in a 10 year battle with JAM over golf course homes -- costing the City 7 acres of the 3rd highest ridgeline in town in exchange for 21 acres of unmitigated stormwater swamp that JAM could absolve itself of responsibility for. Long litigation and contention with large parcel owners may not always end well. The protections are for what exactly? Mammals, reptiles, birds, or all of them? For this level of categorization, there should be an explicit determination of whether 5 flocks of turkeys are worth the potential living space of 50 human mammals. 50 humans commuting from Georgia displace as much wildlife there, if not more, and contribute vastly more to the degradation of the planet. Marking sightings on the map ignores that humans can cohabit with turkeys – many big cities see turkeys and coyotes in their streets now (especially during the reduced traffic times of the pandemic quarantine) – coexistence works. South Burlington shouldn’t treat habitat as a zero-sum scenario; we’ve created sufficient public, park and open space to achieve balanced goals. This step encourages further destruction of Vermont’s unique landscape, settings, and lifestyles in outer towns that have not managed their planning and zoning as well as South Burlington. Worry that this is a selected sampling that misses the larger discussion of what value humans have for living space within the same realm – is there a specific level at which animals become more important – what is that level (acreage per animal? Population count of animal?)? Humans have learned to live with less space and most animals have shown the same ability. Unlike cars, is it harmful to push a percentage of the less-adaptable animals/habitat to other towns? These aren’t the same issues of social inequity that are involved as when SB plans to limit development beyond its present practical limits and pushes humans, rather than animals, to other towns. Floodplains – Why throw another layer of regulation on top of homeowners? If an existing structure is within the floodplain and seeks a permit for expansion, then it goes to the state review. This does not happen now. Labelling neighborhoods and industrial areas such as Dorset Farms, Dorset Village, Butler Farms, Ethan Allen Drive, White St/Pine Tree Terrace, Brookwood Drive, and CCRCF unnecessarily clamps down on in-fill and redevelopment. It will aggravate existing owners – introducing burdens, both perceived and real. Opens the City to more potential litigation. This update unnecessarily labels neighborhoods – based on modeling in 2011 by FEMA but not LIDAR. Hard to understand whether actual claims data is being extrapolated and included to achieve the percent probability that forms the “500 year” mark. The whole City was underwater at one time (20x longer than the “500yr mark”), so it’s hard to see the value of reaching back for a 500-yr benchmark when our crisis has shortened the 100-year floods to 50. Wetland/Riparian buffers – More of the same concerns under floodplains. If the state isn’t requiring SB to make these changes, then why are they being done? These appear targeted to large parcel owners and not to the local Zoning Administrator enforcement, although that is a first concern. The Vermont thing to do is to be talking with the various (and few) large parcel owners first before telling them what they can and cannot do. This practice is often omitted in a rush-to-judgement. Larkin with the lakefront property that is bisected by river corridor should have a conversation with the planning director or commission. Similarly, a former PC member John Belter who stands to have his whole farm designated as a hazard should be communicated with on a personal level. The last IZ neglected him and his expertise entirely for farming and for the use of the Underwood Property. This is not the Vermont way. The AuClairs and LeDucs have been consulted and included to a certain extent but may also feel dictated to. You’ve seen concerns from large parcel owners on Spear and Dorset who discuss their plans and the legacy they want for their families from their property holdings and how the City disrupts this with these updates. The personal touch is still important and even more so with this kind of update and where it leads. More conserved property is acquired and happens because of relationships and common communication than in dictating terms. We have a few large landowners and generational families left in SB and we should be categorizing and cultivating our planning discussions with them first and foremost. It would be good to identify these folks and the commercial developers to develop good communication pathways with them as a concurrent way forward in these goals. This has often been missing from good planning practice. Their numbers are few. We have the time. It costs little and can achieve so much – and it is more in line with our ability to personally connect here. Outreach – actively seek out comment, input and feedback from large parcel owners. Thank you for the many hours of work and consideration that go into this. Hope my thoughts can help shape it more. Chris Shaw 864-1515 43 Great Road Bedford, MA 01730 May 3, 2021 South Burlington Planning Commission City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Planning Commission Members, I write to express my concerns about the changes to the City’s wetland guidelines in the proposed new Land Development Regulations. As in my previous communications, my concerns are both general and specific – my family are South Burlington landowners and taxpayers, but we also have a development proposal for our property that is currently before the Development Review Board and the City Council. My general concern is that expanding the buffer around Class II wetlands from 50’ to 100’ and decreasing the size of exempted Class III wetlands from ½ acre to only 300 sq. ft. are changes that skew the already delicate balance between conservation and development. The new proposed LDRs are already removing almost 950 acres from potential development via adoption of the Arrowwood “habitat block” concept, and adding 50’ to the width of wetland buffers will remove a significant amount of additional acreage. It is easy to argue that wider buffers benefit wetland flora and fauna, but the undesirable side effect is that development must be squeezed into smaller plots, which often limits the diversity of building types that the new PUD standards are designed to provide. It is not clear why South Burlington needs to be an outlier in Chittenden County, where no other city or town requires wider buffers or smaller Class III wetland sizes than are specified in the Vermont Wetlands Rules. It also isn’t clear why the new LDRs propose a different standard for residential development than for commercial. Are houses more threatening to wetlands than office buildings? My understanding is that both are subject to the same regulations around pesticides, fertilizers, etc. if they are close to wetlands. A couple of your members toured our property on Spear Street last week and reminded the other members of the importance of site visits to assess the effects of the LDRs in real-life situations. In our particular case, for example, though we await an “official” wetlands certification, preliminary findings suggest that there are two narrow “fingers” of possible Class II wetland that extend close to or even into our proposed development. For these fingers, which are approximately 50’ wide, adding 100’ of buffer on each side will create two undevelopable swaths 250’ wide. Certainly a buffer doesn’t need to be four times as wide as the wetland finger it’s protecting, and I would hope that the PC could reconsider its proposal for the wider buffer, at least in the case of narrow fingers like these. It is also worth noting that one of the fingers on our plan crosses the right of way for a road connection and a bicycle path that the City has long anticipated as connections between the adjacent developments, South Village to the south and South Pointe to the north. Would those connections now be prohibited? Shrinking the threshold for exempting Class III wetlands from the same constraints as Class II areas is also troubling in our particular case. There is a small wet area in the center of our property, probably less than ½ acre, that would be developable under the appropriate State permit. There is a huge difference between ½ acre (approximately 20,000 sq. ft.) and 300 sq. ft., which is only about as big as two parking spaces. Why is the Commission suggesting such a radical change? I suspect that it will be difficult to even find a 300-sq. ft. wetland in the City, so the new proposed regulation effectively throws away the State’s Class III categorization. Our family has been responsible stewards of the property on Spear Street for 70 years now; the development we’re proposing will continue to conserve 22 of our 39 acres under the 2006 NRP statute and another ~6 acres of Arrowwood habitat block. Expanded buffers and recategorized Class III wetlands would restrict even more acreage. I hope that the Commission will reconsider these overly restrictive new regulations for wetlands. Their negative effects on responsible development far outweigh their positive attributes. Sincerely, Alan Long (on behalf of the Long family) Alanklong56@gmail.com 781-521-5429 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 31 MARCH 2021 1 The South Burlington Planning Commission held a special meeting on Wednesday, 31 March 2021, at 7:00 p.m., via Go to Meeting remote technology. MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, M. Ostby, M. Mittag, D. MacDonald, P. Engels ALSO PRESENT: P. Conner, Director of Planning and Zoning; A Crocker, D. Peters, F. Von Turkovich, R. Gonda, R. Greco, A. Jensen-Vargas, L. Ravin, S. Dooley, A. & A. Chalnick, C. Trombly 1. Agenda: Additions, deletions or changes in order of agenda items: Ms. Louisos asked to add 2 items to Other Business: an update on scheduling and an update on correspondence. 2. Open to the public for items not related to the Agenda: Ms. Crocker asked the Commission to add item to an agenda to consider removing the Swift Street Extension from the Official City Map. She felt it would be a “commercial highway” through an environmentally sensitive area and would increase traffic near the entrance to Veterans Park. She also felt it would drive development away from City Center. She noted Swift St. Extension was planned as a second egress from Village at Dorset Park, but since that time, other east-west roads have been added or remove from the Official City Map. There was a petition in 2015 to remove the road from the map and there was an agreement by the Planning Commission to study this. That study has not been done. Mr. Mittag said this is long overdue, and somehow the Commission never got to it. Mr. Mittag moved to place the issue of Swift Street Extension on one of the next 2 or 3 agendas and deal with this problem. Ms. Ostby seconded. Mr. Macdonald noted there had been an agenda item regarding all east-west roads and asked if the Commission was going to review all of them or just Swift Street Extension. Ms. Louisos said her only issue regarding scheduling is the need for background data and the fact that the Commission may not have staff support in the next few meetings. She asked for a friendly amendment to change “2 or 3” to “few.” Mr. Conner added that even with a focus on Swift St., the Commission needs to look at the context. He also noted this is a transportation issue as well as an environmental issue. In the vote that followed, the motion passed 6-0. Ms. Louisos said she will mention this as part of the joint meeting with the City Council. 3. Planning Commissioner announcements and staff report: 2 Mr. Riehle noted that the Long property will be in front of the DRB. Ms. Ostby said she saw their presentation to the City Council and to the Affordable Housing Committee. She noted the Longs are aware of Article 12. Mr. Conner noted the City Council had a work session on Monday regarding interchanges and will continue their discussion on 19 April. The Council also considered options to seek funding to build the pedestrian boardwalk to connect City Center to park areas. Ms. Louisos noted she had signed a letter of support for the funding application on behalf of the Commission. Mr. Conner also noted that the Council had a conversation regarding completion of Interim Zoning and whether they want to consider Articles 10 and 12 separately. The sense was to have Interim Zoning in place for the Commission to complete work on Articles 10 and 12 and the PUDs. 4. Review and possible action to approve advancing LDR-20-01, draft Environmental Protection Standards amendments to the Land Development Regulations, and accompanying Planning Commission Report for the purposes of holding a public hearing on same: Mr. Macdonald asked the pros and cons of putting Articles 10 & 12 out alone or with the PUDs. He noted that Ms. Dooley favors the latter option. Mr. Conner said the benefit of doing them together is you get to look at all the pieces, and if one affects the other, things can be adjusted. The benefit of doing them separately is that one big piece of the puzzle would be complete and the Commission would have a lot of feedback. With that behind them, they could get more feedback on the PUD part. Ms. Louisos said even if they don’t warn a public hearing, they should release what they have with a report in order to get comments. Ms. Ostby noted that because there may not be staff available after the 4/6 meeting, they may not be able to address comments right away. Mr. Mittag said both the environmental and PUD documents are complex. He felt they should get Articles 10 & 12 done and then focus on Article 15. He felt it would be hard to get public input if both documents were done together. Ms. Louisos cited the need to have a enough of a block of time for public comment. She felt the Commission should finish their draft tonight and decide what goes into the packet for the joint meeting with the Council. She added that one of the April or May meetings would be good to have a listening and mapping session, look at the maps together with the public. She proposed that as part of the path moving forward. Ms. Ostby felt good about the separate path. She thought the Council wants to do their hearing during Interim Zoning and do both parts together. 3 Mr. Riehle said the Commission should be through the pubic hearing process by May. Mr. conner agreed. He didn’t know if there were substantial things the Commission would want to change after that hearing. Most times in the past, the Commission has advanced a document soon after a public hearing. He also noted the Commission will have to warn a public hearing regarding the PUDs by mid- September in order to meet the Interim Zoning deadline. Ms. Ravin said she was representing UVM, and the University is trying to follow this process. She noted the University does not support regulations that would limit the use of UVM land any more than it is limited now. She reminded the Commission that UVM owns lands identified as habitat blocks. She understood it would be possible to develop portions of those blocks. She said the University hasn’t had enough time to really understand the implications of the new regulations, and it was hard to understand the impact on University land without the PUD standards, both intended and unintended consequences. She thought moving one forward without the other could wind up taking more time if the Commission has to go back and change something. She suggested there not be an official public hearing until the Commission has both pieces. Mr. Conner noted that UVM is a large landowner in the city, including the Wheelock parcel on the north side of Spear Street, the property on Patches Road and some agricultural properties now zoned Residential. Ms. Dooley said her reading of Articles 10 & 12 is that habitat blocks apply to all land in the city, including UVM land. Mr. Conner said that is correct, except where there is an exemption beyond local authority. Those articles re “ownership neutral” and reflect only where the resources are. Members then reviewed the new draft which Ms. Louisos noted includes updates since the last Commission meeting. Mr. Riehle said he agonizes over 12:10 and felt allowing a road is a negative. He could not support that section. He cited the road across the Great Swamp as “an abomination.” He felt allowing the crossing of wetlands could lead to many east-west roads the city doesn’t want. Mr. Conner urged the Commission to look at the Official City Map as a whole. Mr. Mittag agreed with Mr. Riehle. Mr. Conner showed the list of alternatives that would have to be considered before a wetland could be crossed. Ms. Ostby said the Commission has to decide on shifting NRP boundaries. Mr. Mittag felt the map was hard to distinguish between the NRP now and what is proposed. Ms. Ostby said she felt it made sense to change the NRP and let the habitat blocks be established. Mr. Conner said the current thinking is that a TND must exclude any lands in the NRP. There is also the option for a Conservation PUD. Mr. MacDonald agreed with Ms. Ostby. He felt they would lose flexibility by putting those land into the NRP. He noted there is already a landowner who wants to use the ‘swap” ability. Ms. Louisos agreed. Ms. Ostby said it doesn’t seem right to add to the NRP when a TDR proposal hasn’t been considered. Mr. Mittag asked whether the South Village Master Plan shouldn’t conform to the NRP rather than vice versa. Mr. Conner explained the timing issue. 4 Ms. Ostby then moved to keep NRP zoning intact until a later stage. Mr. Mittag seconded. Motion passed 6-0. Members then considered the Report that accompanies the changes. Mr. Conner said some pieces of the report will be part of the public outreach. What he is presenting meets State law. Ms. Louisos stressed the need to be sure they are not misleading the public to think every inch of what is not conserved is going to be built on. Ms. Ostby agreed and said they need to indicate that what they are doing adds so much more protection for natural resources and will make it clear to people what can and cannot be built on. Mr. Mittag noted the paragraph near the bottom of page 2 and cautioned care with that statement because he had an objection to something removed from what is now in the Comprehensive Plan. Mr. Conner then asked to what extent members would be interested in having a brief discussion in “plain English” on what each of the categories in the environmental standards does, possibly a ½ or 1/3 of a page, something like: “Here is what it is, here is where it comes from, here is what can happen with it,“ explained in layperson’s terms. Ms. Louisos felt that was a good idea. Ms. Ostby noted that Strategy 138 of the Comprehensive Plan is said so nicely that she recommended including it. Ms. Louisos questioned whether language in the Table regarding river corridors is confusing. Mr. Conner said he will look to clarify it. Ms. Louisos also noted that for the 500-year flood plain, language should say FEMA Insurance Maps, not State Reiver Corridor Mapping. Mr. Conner agreed. Mr. Mittag suggested a list of what is in the package. 5. Consider Topics for Discussion at Upcoming Joint Planning Commission/City Council meeting: Ms. Louisos listed the Report, Revised Standards for Articles 10 and 12 and related items, mapping (to be provided in the packet). Mr. Conner said he has available interactive mapping which shows previous and new standards. Mr. Mittag said the CCRPC map is a lot more user friendly than other maps. Mr. Conner said staff will be looking at making maps more “tidy.” Ms. Louisos suggested as talking points: details of mapping regarding environmental protection standards, overview of PUD work including the concept of minimum density, high-level policy items related to potentially developable lands as part of the PUD portion of Commission work, and a target update to Comprehensive Plan to insure consistency with city policy. Ms. Ostby suggested maximum density as well as the Council may want that. Mr. Conner said the Southeast Quadrant as a whole has a maximum density that could be retained. There could be very compact development in some areas or possibly target some areas for development. He noted the current 9-lot development that doesn’t take conservation into account. 5 Ms. Louisos felt there was more on the list than they could get feedback on. Mr. MacDonald felt it was important to get feedback on the density issue as it might surprise people how dense some development could be. Mr. Conner urged members to think about “the tool” and “the applicability of the tool.” For example, something may be a “good tool,” but “not here.” Ms. Louisos said it is important to stress that the total number of units in the SEQ isn’t increased. Mr. Engels said he would like to see some hard numbers. How many acres would be conserved after the changes are made? Mr. Conner said he will see what can be done with that. It is on a list for CCRPC to do as soon as possible. Ms. Ostby felt the Council should be reminded of things they can do that are out of the Commission’s purview (e.g., inclusionary offsets, TDR marketplace, etc.). She felt there is grant money available to accomplish some of those things. Ms. Dooley said that may be something for the new City Manager to take on; it may be hard to add to Kevin’s load at this time. Members briefly discussed remaining after the joint meeting and summarizing what they gathered from the Council. 6. Minutes of 3 March, 9 March, 10 March and 16 March 2021: Mr. Mittag moved to approve the Minutes of 3, 9, 10, and 16 March as written. Ms. Ostby seconded. Mr. Macdonald noted that the minutes of March 9 say March 3 in the header. Mr. Conner said he would correct that. The motion passed 6-0. 7. Other Business: a. Winooski Planning Commission Public Hearing on proposed amendments to Unified Land Use Development Regulations, Thursday, 8 April 2021, 6:30 p.m. b. Burlington Planning Commission Public hearing on proposed amendments to Comprehensive Development Ordinance, Tuesday, 13 April 2021, 6:45 p.m. c. Upcoming meeting schedule Mr. Conner noted the Burlington amendment address short-term rentals and suggested members take a look at this. Members agreed on a “listening session” for members of the public prior to the public hearing. Mr. Conner said he will send out information on the I-89 alternatives. The question is which alternative to support. The Council wants to address this in the first part of next month. Ms. Louisos cited the possible need to meet every week. 6 Mr. Conner said he will also get information to members on the Tilley Drive Study as it relates to the Swift St. Extension. Members agreed to hold a short “debriefing” session following the joint meeting with the Council. Ms. Louisos noted receipt of an email from Ray Gonda regarding buffers and a letter from Arrowwood regarding habitat buffers. There are also emails regarding the appropriateness of a person reaching out to a consultant on behalf of the city. Ms. Louisos said there may be some correspondence on that issue coming forth. The concern is that this could incur an expense. Ms. Louisos said she would never do that on her own. Mr. Mittag asked if it’s OK to reach out to State resources. Ms. Louisos said she has done that, and it feels different to her. Mr. Conner agreed there is a difference but still encouraged having an individual confer with his/her committee before doing that so there are no surprises and so the person can speak on behalf of the group. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:15 p.m. ___________________________________ Clerk SOUTH BURLINGTON JOINT CITY COUNCIL/PLANNING COMMISSION MEETING MEETING MINUTES 6 APRIL 2021 1 The South Burlington City Council and Planning Commission held a joint meeting on Tuesday, 6 April 2021, at 5:00 p.m. via Go to Meeting Interactive Technology. CITY COUNCIL MEMBERS PRESENT: H. Riehle, Chair; M. Emery, T. Barritt, Sen. T. Chittenden, M. Cota PLANNING COMMISSION MEMBERS PRESENT: J. Louisos, Chair; D. Macdonald, T. Riehle, M. Ostby, M. Mittag, P. Engels ALSO PRESENT: T. Hubbard, Deputy City Manager; P. Conner, Director of Planning & Zoning; J. Baker, L. Ravin, J. Bellavance, A. & A. Chalnick, A. Strong, B. Sirvis, R. Gonda, A. Jensen-Vargas, C. Trombly, S. Dooley, Wayne, R. Greco 1. Agenda: additions or deletions or changes in the order of Agenda items: No changes were made. 2. Comments & Questions from the public not related to the Agenda: No issues were raised. 3. Announcements/Staff Report: There were no announcements or Staff report. 4. Presentation of Draft Environmental Protection Standards; Council questions and feedback: Ms. Louisos said they have set 27 April for a listening session for the public. That will be followed by a formal public hearing. Ms. Louisos noted the Commission began work on these standards in 2012 to the standards were more legally defensible. In 2016, maps were added to the Comprehensive Plan. The Commission also commissioned a study from Arrowwood to define habitat blocks and to set standards for how to address them. Ms. Louisos then defined the 3 categories of environmental protection: a. Hazards: areas where there should be no development due to some danger (e.g. 100-year flood plain) and/or are regulated at the State and Federal level. The Commission added the 500-year flood plain to this category and streamlined rive and buffer standards. The Class 2 wetland buffer was also expanded in certain areas, and steep slopes have been regulated. 2 b. Level 1 Resources: These include habitat blocks which, with a few exceptions, would not be built on, and habitat connectors. These resources are based on the Arrowwood study. c. Level 2 Resources: These include the 500-year flood plain, Class 3 wetlands, some steep slopes, and a definition change for stream buffers. Ms. Louisos noted the Commission is working with CCRPC to help review and be consistent with State and Federal standards. Ms. Louisos then showed a series of maps as follows: a. Current protection standard areas and SEQ-NRP zoning where very little, if any development is allowed b. Current environmental protection areas, SEQ-NRP, conserved and public land (e.g., parks) and areas already built/approved/in review c. Draft Environmental Protection Areas (hazards, Level 1 & 2 and current SEQ-NRP) d. The above map with the addition of conserved and public lands (e.g., parks) e. The above maps plus built/approved/in process areas f. Draft of current environmental protection areas and current NRP zone (it was noted that the protected areas go from 17% of the city to 26%, not including existing conserved and park lands g. The above map including conserved & park lands bringing the percentage of land with some level of protection to 42%. Ms. Louisos stressed that the maps are approximate and require on-ground delineation. h. The above map plus built areas and areas still available for development Mr. Conner then explained the zoning of the NRP and what can/cannot be built there. Sen. Chittenden asked whether people who own newly designated nondevelopable lands have TDRs now. Mr. Conner said that depends on where things go with PUDs. Development can occur on a developable portion of a property. Mr. Conner stresses that nothing in this draft changes anything about the use of TDRs and which areas are sending or receiving. Mr. Conner also noted there is now a higher bar for crossing a stream. “Restricted infrastructure encroaching” is granted only when there is no other access to a piece of land, and an applicant would 3 have to meet a number of criteria including hardship, 30% of the property is on the other side of the stream, failure of other methods to access the property, etc. The crossing would then have to be narrow. A question from the Council focused on the total land covered by Articles 10 and 12. Mr. Conner said that figure is 4,449 acres, a portion of which is already conserved. Ms. Louisos then explained how the new regulations relate to the Comprehensive Plan, one of the legal tests for LDRs. She showed the Comprehensive Plan Future Land Use Map and explained the various areas for low, medium, and high intensity residential and commercial development. She then showed the same map with the conserved areas indicated. Sen. Chittenden asked whether there is a map that shows neighboring communities. Mr. Conner noted that the RPC has mapping for villages and downtowns, etc. Ms. Emery asked why housing isn’t allowed in business parks. Ms. Louisos explained that there is land reserved for uses that are not compatible with residential for various reasons (i.e. noise, hours of use, outside storage, commercial traffic). Mr. Conner added that the nature of business parks is evolving. The Commission discussed how much land should be reserved for uses that can only locate away from housing. Ms. Ostby noted that these are areas for jobs. Ms. Louisos then showed other maps from the Comprehensive Plan and noted areas where rare species have been found. These are regulated by the State and by Act 250. She also indicated some agricultural lands and grasslands that are not covered by Article 10 and 12 due to the concern to meet other goals. She noted changes to Article 9 where references to Maps 7 and 8 have been removed so there is no longer confusion. Mr. Cota said he was glad to see that last change as it is very important for the DRB. He asked if there is field delineation so it can be determined what resources are actually on people’s land. Ms. Louisos said that because the Arrowwood study was done by remote observation, there are options for landowners as to how a line can be adjusted without damage to a habitat block. There are specific criteria to do this, and major changes would require a biologist to weigh in. Mr. Conner noted that field delineation is very good for wetlands, but habitat blocks and forested areas are new. He said the draft tries to create certainty so there aren’t “battling experts.” Mr. Barritt asked if there is anything to prevent logging in habitat blocks. Mr. Conner said there isn’t, but any logging has to be part of a forestry operation. The State would look at any logging to be sure it is ongoing (not just to create a lawn) and that the staging area is appropriate. 5. Overview of proposed Planned Unit Developments (PUDs) and related subdivision and master plans: function, role, and appearance of different types: Mr. Conner showed the guidelines for a Traditional Neighborhood Development (TND) type of PUD. These include: 4 a. Principally residential development over 65% of the buildable area b. Fairly compact development c. Removal of NRP, Level 1 and Hazards from the developable area d. 15% “civic space” (e.g., park, central green area) e. 5% mixed use (e.g., a community building) f. 15% unallocated (e.g., wetland, stormwater pond, etc.) Mr. Conner then showed a chart of what a TND could look like, how it could be laid out with a mix of building types, central civic space, etc. He said that density in a TND is dependent on the lot layout. A mix of building types would be required, and there would be a minimum density to set a target pattern on a neighborhood scale to ensure that the infrastructure is financially sustainable and to provide certainty. Mr. Conner then explained the nature of a Conservation PUD where 70% of the land must be conserved. The land owner is then entitled to build on the 30% the total amount of development that would have been allowed on the entire property based on the underlying zoning. Ms. Louisos noted that the footprint of development in a TND and a Conservation PUD would be different. Mr. Conner said that for properties with a lot of resources, a Conservation PUD may be the more appropriate choice. Ms. Emery asked how a TND would work with TDRs. Mr. Conner said it would remain the same as today. A person could reserve some portion of a property for future possible development. Ms. Emery asked if there are any new TDRs. Mr. Conner said there may be, but that hasn’t been fully sorted out yet. Ms. Louisos added that they are not currently adding TDRs. Ms. Emery said she would like to see more industry and “noisy” manufacturing along Shelburne Road. She also wants to bring residential close to Tilley Drive, including employees for nearby businesses. She felt that residential development should go near transit, and she was all for density in areas with transit. She wasn’t comfortable with 10 units per acre where there is no mass transit. She felt there were many ways to bring in affordable housing. She added that areas further out should be left for future development. Ms. Greco said she did not agree with short-term planning. Mr. Barritt noted he had seen more electric cars on the road today and anticipated seeing many more in the future which could affect the concern with fossil fuels. He said he supports both the TND and Conservation PUDs and felt they would lead to new, responsible development and protection of resources. Mr. Riehle said one question that needs to be addressed with the School Board is how many more homes can be built before there is a need for a new school. Ms. Riehle said that can be a topic for a Steering Committee meeting. 5 Mr. Cota asked whether a property owner/developer can choose between a TND and a Conservation PUD. Mr. Conner said there are circumstances when an option makes sense (e.g., when there is 80% wetland). Elsewhere it is open for discussion: should it be a developer’s choice? Mr. Cota asked if there are mitigating factors such as “meet these criteria and you can have a TND.” Mr. Mittag said he would like to see a choice to build fewer units and conserve more. Mr. Cota cited the Ewing plan to conserve a portion of the land and have the rest for development. Mr. Strong asked about protection for riparian connectivity. Ms. Louisos said the Commission is looking at every location where there is a water resource and are creating buffering, actually the largest buffers in the state. Also, instead of using state-level data, the Commission looked at where there is actual habitat. This goes beyond what was done in the past. Ms. Riehle said she had some concerns with aspects of what the Commission is recommending and was puzzled by allowing a road across a resource even though there are standards. When questioned, the Council asked to receive Articles 10 & 12 first and then get the PUDs as a second package. The joint portion of the meeting ended here by common consent at 7:03 p.m. PLANNING COMMISSION 13 APRIL 2021 The South Burlington Planning Commission held a regular meeting on Tuesday, 13 April 2021, at 7:00 p.m., via Go to Meeting remote technology. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. MacDonald, P. Engels ALSO PRESENT: P. Conner, Director of Planning and Zoning; J. Rabidoux, Public Works Director; D. Leban, T. Woodard, G. Babcock, R. Greco, Wayne, D. Peters, Ewelina, A. Crocker, E. Sutherland, E. Borsellino, K. Borsellino D. Weaver, S. Dopp, M. Janusczyk, C. Trombly, J. Stinnett, G. Kjelleren, D. & S. Haggerty, J. Necrason, T. Doyle, C. Chamberlain, D. Weaver, J. Dahls, L. Ravin, Laura, S. Dooley, Sue, Ted, T. Doyle 1. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 2. Open to the public for items not related to the Agenda: No issues were raised. 3. Planning Commissioner announcements and staff report: Ms. Ostby said she did a summary on South Burlington Community Watch comparing Article 12 mappings. Ms. Louisos said she will do another submission to The Other Paper with one of the maps. There was no staff report. 4. Consider changing the date of Public Hearing on LDR-20-01 (Environmental Protection Standards) to avoid conflict with another city meeting: Mr. Mittag moved to change the previous 18 May public hearing date to Thursday, 20 May, due to a conflict with the DRB meeting. Mr. Riehle seconded. Motion passed unanimously. 5. Discuss and prepare feedback to City Council on I-89 Corridor Study Interchange alternatives: weighing of objectives and preferred options: Planning Commission 13 April 2021 2 Mr. Conner noted the City Council had a presentation from the RPC with updated metrics and 7 new criteria. There is a question as to whether all 7 goals should be weighted equally; the City Council seemed to feel the Safety should be weighted more. Mr. Rabidoux said the attempt now is to narrow down alternatives. The Committee has spent dozens of hours getting to this point. The Council is looking to advance certain designs and would prefer input from the Planning Commission. Mr. Rabidoux noted he is on the project technical committee. Ms. Louisos noted that the new information provided includes total scores which point to one of the alternatives. She presented the scoring page on the screen. Ms. Ostby asked if a change to Exit 14 is a “given.” Mr. Rabidoux said it would be a leap to assume there will be two $40,000,000 projects located 2 miles from each other. He felt the Exit 14 and either 12B or 13 will be competing for the funding pot. Mr. Mittag said his take is for something at 14 and one of the other two. If that’s not the case, the job gets harder. Mr. Rabidoux said 14 is an existing asset. It will need some level of investment at some time. Mr. MacDonald said that makes the decision easy. 14 is functional. 13 is existing, and completing it is a no-brainer. However, the cost is astronomically higher than the other two. Mr. Rabidoux said it is easier to build from scratch than to ‘retro.” Mr. Engels said he was glad to see the scoring was high for a diamond interchange at 13. He felt that was the best thing they could do. 14 has been redone a few times. It is time for 13 to be fully viable in all directions. Mr. Riehle said he would lean that way as well as it is better for City Center. He was not sure he was comfortable with all the forecast numbers for jobs, etc. Mr. Mittag felt 13 was the best option as it gives quick access to City Center and a direct line to the Airport. The total cost is less than 12B. Mr. MacDonald said he was just looking at the construction costs. Ms. Ostby said the second best thing for South Burlington would be the bike/ped crossing south of 14. She asked if retail could be included if that crossing were fully enclosed. Mr. Rabidoux said that would be a pipe dream in Vermont. The State doesn’t have full-service rest areas. He would be surprised if the city got permission to commercialize that space in any way. Planning Commission 13 April 2021 3 Members supported telling the City Council of their support for an enclosed bike/ped crossing. Mr. Engels asked Mr. Rabidoux if the city is tracking the infrastructure bill in Congress. Mr. Rabidoux said both he and Mr. Conner have provided testimony to Chittenden County representatives. There is a list of projects queued up. Mr. Rabidoux added that the current list has some “strange strings” attached to it. Mr. Rabidoux noted that the State wants the city to take over Routes 7 and 116. He said that before that happens, he would want the State to increase the “per mile” compensation the city gets from the State. Mr. Conner asked members if they want to push for one of the alternatives at Exit 13. Ms. Louisos noted that almost all members mentioned the diamond option, and it had the highest score. Public comment was then solicited. Both Ms. Dopp and Ms. Leban supported the diamond option at Exit 13. Ms. Ostby the moved that the Planning Commission support the Exit 13 single point diamond option as its top priority. Mr. Engels seconded. Motion passed unanimously. Mr. Gagnon then moved that the Planning Commission support continued study and implementation of a pedestrian crossing at Exit 14. Mr. Mittag seconded. Motion passed unanimously. 6. Review and discuss Swift Street Extension and other east-west connections currently included in the Comprehensive Plan and/or Official City Map: Mr. Conner reviewed the history and noted that since the road was put on the official map, a number of issues have arisen including forest blocks, transportation goals for bikes, and access for emergency vehicles. Mr. MacDonald asked what would trigger that road being built. Mr. Conner said significant development on the Hill farm property will trigger the requirement for that road because it is on the official map. He added that the Hill Farm is a very large property and would require multiple accesses. Mr. Mittag said there could be 2 accesses from Hinesburg Rd. Mr. Conner acknowledged that to be correct. Mr. Mittag also noted that when the official map was done there was really only one east-west road. There are now others including Midland Avenue. Planning Commission 13 April 2021 4 Ms. Ostby said a lot has changed in 40 years. The west side of Dorset Street has become a gathering place. She felt that anything that cuts through will create safety issues for children and change the tone of the area. Mr. Riehle agreed. He felt that Kennedy Drive is underutilized. Mr. Gagnon agreed with not continuing with Swift St. Extension because of its closeness to Kennedy Drive. But he noted it is quite a distance from Kennedy Drive to Cheesefactory Road and wondered if another normal speed cut-across is appropriate in that stretch. He asked Mr. Rabidoux whether that would be appropriate from the point of view of Fire Department access, plowing, etc. Mr. Rabidoux said the more connectivity you have, the better. He urged the Commission to decide on what is the greater good. He said that as the city grows, there will need to be money for city employees and vehicles or there will be less service. Mr. Gagnon said he would opt for looking at an efficient way to get across. Mr. Conner said that is a good observation. Swift Street Extension would take traffic from a road not at full capacity. He said he wouldn’t advocate for a high-speed east-west road, but connectivity is important. Ms. Ostby said she supports what Mr. Gagnon recommends, but the challenge is that any alternative will go through the NRP. She favors better access for the Fire Department. The question is which habitat block will be the least impacted. She also noted that such a road could reduce Shelburne Rd. traffic. Mr. Mittag asked about Old Cross Road Extension and noted the city has a right-of-way almost all the way through. He added that Swift St. Extension would have a significant Class 2 wetland to cross. He felt it was not the right place for a road. Mr. MacDonald agreed that Swift Street Extension doesn’t make sense any more, but he agreed with Mr. Gagnon about the need for a functional east-west connection between Kennedy Drive and Cheesefactory Rd. Ms. Louisos noted there is another such road shown on the map almost half-way between those 2 roads. Mr. Conner showed the map with an approved connection that is beginning construction now. It is very circuitous. He also indicated other planned connections. Planning Commission 13 April 2021 5 Mr. Gagnon then moved to proceed with steps to remove Swift Street Extension from the Official City Map. Ms. Ostby seconded. Ms. Louisos said it might be helpful to retain a path right-of-way to accomplish walkability goals. She wanted to be sure that option isn’t removed. Mr. MacDonald asked what the negatives are about removing Swift St. Extension. Mr. Conner enumerated these as follows: a. There is only one emergency access in/out of Village at Dorset Park b. People who live in Butler Farms and want to take kids to hockey practice have to take the long way around c. With fewer connections, there is more pressure on existing roads over time Mr. Conner said the negatives may not outweigh the positives. He urged the Commission to be as clear as possible as to whether they want a right-of-way or a path, etc. Mr. Gagnon then amended his motion to include the words: but retain accessibility for a bike/ped use path for connectivity. Mr. Mittag noted that in 30 years there have been no problems at Village at Dorset Park. Mr. Engels asked what is there now. Ms. Ostby said there is a stream that is not passable, but there is a path on the other side of the stream. Ms. Louisos then reviewed comments in the “chat box” as follows: Ms. Greco: More roads is counter to the Comprehensive Plan. Donald: We owe it to future generations to oppose the Extension. Cathy: It is safer to remove the road. Kelly: Remove it. Tom: What is the procedure to remove the road? Ms. Louisos said there would be a draft at a future meeting. It would then be warned for public hearing by the Commission and then for public hearing by the City Council. That would take Planning Commission 13 April 2021 6 several months. Mr. Conner said there would also have to be an amendment to the Comprehensive Plan so things line up. Mr. Riehle asked if the DRB would have to take into account a path. Mr. Conner said until there is an official change, the DRB is in a tricky situation. Ms. Dopp said she supports removing the road and agrees with a bike/walking connection. Mr. Conner said he would advise the owners of the Hill Farm, and they can weigh in at the same time as everyone else. In the vote that followed, the motion was passed unanimously. Mr. Gagnon then moved to ask staff to put the question of alternate connections on an agenda after work on the LDRs and PUDs is complete. Ms. Ostby seconded. Motion passed unanimously. Mr. Conner noted that when the Commission adopted the 2016 Comprehensive Plan, the road connection from Deerfield to IDX Drive was determined to be removed. It is still on the Official City Map. He suggested removing that road at the same time as Swift St. Ext. Members agreed. 7. Meeting Minutes of 23 March and 31 March 2021; Mr. Gagnon moved to approve the Minutes of 23 and 31 March. Mr. Riehle seconded. Motion passed unanimously. 8. Other Business: A. Shelburne Planning Commission Public Hearing on proposed amendments to the Shelburne Zoning Bylaw, Thursday, 22 April 2021, 7 p.m. via zoom: Mr. Conner noted Shelburne is trying to streamline things. They are no longer going to require a zoning permit for interior renovations. He noted that staff is looking at things learned from COVID, like letting small changes happen quickly (e.g., outdoor seating). As there was no further business to come before the Commission, the meeting was adjourned by common consent at 8:52 p.m. Planning Commission 13 April 2021 7 These minutes were approved by the Planning Commission on ____________________. PLANNING COMMISSION 27 APRIL 2021 Page 1 of 6 The South Burlington Planning Commission held a regular meeting on Tuesday, 27 April 2021, at 7:00 p.m., via Go to Meeting remote technology. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. MacDonald, P. Engels ALSO PRESENT: M. Keene, Development Review Planner; T. Newton, CCRPC; C. Shaw, C. Thrall, D. Long, C. & A. Long, F. MacDonald, A. Strong, D. Kaufman, C. Trombly, J. Jimenez, J. Bellivance, R. Greco, S Dopp, Dave, K. Ryder, S. Dooley, A. Chalnick, A. Hart, L. Ravin, D. Seff, Larry K., D. Martinez, Michael 1. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 2. Open to the public for items not related to the Agenda: No issues were raised. 3. Planning Commissioner announcements and staff report: Mr. MacDonald reported that he attended the third meeting of the Swift/Spear Streets Committee. The consultant came back with the results of the survey and presented 3 alternatives. Mr. MacDonald said he suggested the consultant report to the Planning Commission in late June. Ms. Ostby noted she attended the Economic Development Committee meeting last night. The Committee asked why they had not heard from the Planning Commission. Mr. Mittag, who also attended that meeting, said he thought the Committee expected the Planning Commission to do some work that he feels the Committee should do. He also asked them always to consider integrating climate change into their discussions. Ms. Louisos noted that the City Manager had asked her to attend the Economic Development Committee meeting. She was surprised when the agenda made it seem like she was participating in discussions regarding the airport. The Committee seemed disappointed that the Planning Commission hadn’t done anything about the airport in the past. There is a request from the Airport to look at areas now zoned residential. Ms. Louisos said she is looking to bring forward a proposal to form a sub-committee to include Planning Commission and City Council members and others. This will be on one of next month’s agendas. PLANNING COMMISSION 27 APRIL 2021 Page 2 of 6 PLANNING COMMISSION 27 APRIL2021 PAGE 2 Ms. Louisos also announced that Director of Planning and Zoning Paul Conner is now a father. Mr. Engels noted that he and Ms. Ostby visited the Long property that is being proposed for development. He felt field trips should be mandatory as there is nothing like being there and seeing the property. He noted the same family has owned and lived on the property since the late 1800s. Mr. Engels also said he would be happy to serve on an Airport committee. 4. Presentation & pubic input forum on draft Environmental Protection Standards Amendments to the Land Development Regulations: Ms. Louisos noted this was a public input session, not a place for Commission members to debate. She also noted that Taylor Newton from Chittenden County Regional Planning Commission was present to help with technical questions. Mr. Gagnon asked that there not be repetitive comments. Ms. Louisos added that emailed comments and comments in the “chat box” are gathered and will be distributed to members following the meeting. Ms. Ostby noted there had been a question as to whether farming is allowed in a Class 3 wetland. Mr. Newton said he would check on this. He assumed it would have to be a larger farming operation to meet the agricultural exemptions. Ms. Ravin, representing UVM, said UVM has been following the Commission sessions. The University has several large parcels, almost all covered with habitat blocks. They want to be a good steward of the land but also a good steward of UVM which raises the question of UVM’s expectations to use those parcels over many years. Ms. Ravin stressed that UVM is anxious to work with the city regarding protection and usable value of UVM land. Mr. Jiminez, a resident of Butler Farms, said he is alarmed by the floodplain overlay district as it seems like it’s going right up to his property. He asked why a floodplain would change so that they are limited as to what they can do with their property. Are they prohibited from putting up a shed or greenhouse? PLANNING COMMISSION 27 APRIL 2021 Page 3 of 6 Ms. Louisos said the 500-year flood plain already exists and is identified by FEMA. What is new is that it is now included in city regulations. The aim is to protect a homeowner’s investments and to avoid having new homes with that risk. Mr. Newton said the 500-year floodplain is considered a “B-1 Flood Plain.” It was previously not regulated by the city. He noted that page 10 of the LDRs has a list of exempted development (e.g., maintenance of existing structures, etc.). New accessory structures are allowed in the B-1 area but would have to meet standards (pages 13-14) including being less than 500 sq. ft. in size, securing a zoning permit, and being “flood-proofed.” No DRB hearing would be required. Mr. Thrall, who lives near Mr. Jiminez, asked for a definition of “substantial improvement.” Mr. Newton said it is a FEMA definition: an improvement that is greater than 50% of the value of the structure. He added this may be a higher percentage in the B-1 area. Mr. MacDonald said it is 75%. Mr. Thrall asked what a “fully enclosed area below grade” is. He said they have an unfinished basement they were hoping to finish. Mr. Newton said “fully enclosed” is anything with a door to it that is below grade. There is a technical bulletin from FEMA that defines what is/is not a fully enclosed basement. Mr. Newton said the rules would allow finishing the basement as long as it is not a “substantial improvement,” meaning it does not exceed 75% of the value of the home. Mr. Chalnick asked what is newly protected on the interactive mapping. Ms. Louisos acknowledged it is hard to see where new areas are beyond the NRP areas. Ms. Greco suggested a map of the city with magic marker tracing around the newly protected areas. She also wanted to see any current protections that have been taken away. Ms. Ostby noted that on one map there are some blue-hatched areas of riparian that are not now protected. She noted that the maps do the best they can, but areas would have to be field-delineated. Mr. Strong asked what newly protected areas are wetlands. Ms. Louisos said she would see if that can be provided. Mr. Long thanked Ms. Ostby and Mr. Engels for coming to look at the Long property. They are planning to develop the 39 acres they own on Spear Street. 22 of those acres are already conserved. The new regulations take away 6 more acres, and they are concerned that with the wetland buffer increase, they will lose value of their property. He cited the need to have a balance as there is also a citywide need for housing. There has been a decrease of 55,000 people under the age of 25 in Vermont. The state now has the 3 rd “oldest population” in the country. There is a need for young people to stay in Vermont. He could not understand why South Burlington has to have wider buffers than the State regulations. PLANNING COMMISSION 27 APRIL 2021 Page 4 of 6 Ms. Dopp was concerned that grasslands don’t seem to be adequately addressed in the regulations. Ms. Louisos said some of those lands do have protection as buffers and other protections thought they are not separately protected. Ms. Greco said that agricultural land should also be protected. Ms. Dooley noted that there was a statement made at a different committee that technically there are no grasslands in Vermont. Mr. Strong said that is incorrect. Ms. Louisos explained how the Commission addressed protection of riparian areas under the direction of the person who came up with Biofinder. Ms. Greco asked whether time of year matters for wetland designation. Ms. Louisos said you cannot do a wetland delineation outside the growing season. Ms. Dooley asked if there is native grassland in Vermont. Ms. Louisos said Mr. Strong says the Champlain Valley has 360,000 acres of managed grasslands, some of which is in New York. It is managed mainly for dairy. Mr. Seff asked if South Burlington has had a disproportionate amount of development in the past. Mr. Newton said CCRPC has been tracking the number of new homes in past years. There have been a lot of new housing starts in South Burlington in the past 5 years. Whether this is a disproportionate share depends on how you look at political boundaries. The goal is to look at housing and environmental protection regionally. There are also reasons for development in South Burlington. Mr. Newton stressed that CCRPC has no regulatory authority over communities. Their aim is to help communities meet their goals and to try to concentrate development in areas already developed, not in rural areas. Mr. Gagnon suggested checking the CCRPC website for housing starts per town. Ms. Ravin asked when UVM’s comments will be addressed. Ms. Ostby asked if the Commission is waiting for something from UVM. Ms. Ravin said UVM will get something specific to the Commission. Ms. Louisos said as the regulations are written, UVM is not treated any differently than any other property owners. Mr. Riehle noted the Commission has been waiting for years for UVM plans for their properties. Ms. Ravin noted the UVM master plan is currently being updated. Ms. Ostby added that Arrowwood did not look at ownership of land, just the resources on the land. PLANNING COMMISSION 27 APRIL 2021 Page 5 of 6 5. Review of possible questions to share with City Council as follow-up to the joint Council/Commission meeting: Ms. Louisos noted the City Council will be having a follow-up discussion on 3 May regarding the joint meeting. She felt it would be helpful if the Commission could give the Council a “prompt” for that discussion. She referred to a draft of different options and a map of what would still have development potential. Mr. Reihle said his preferred would be to give a landowner a choice of a TND or a Conservation PUD. Mr. Mittag said he thought the northern end of the SEQ is not correctly shown. Ms. Louisos said that is not part of the SEQ zoning district. It is Industrial-Open Space zoning. She noted that there is a difference between what is called the Southeast Quadrant and what is in the SEQ zoning district. Ms. Ostby noted the Affordable Housing Committee has suggested adding a review every 25 years which could change what is conserved with specific criteria. Mr. Riehle said that in reality it could change every year with changes on the City Council. Mr. MacDonald questioned whether 70% of a Conservation PUD has to be covered with Level1 or hazards. Ms. Louisos said she didn’t think the Commission had a specific level of resources. Mr. MacDonald said that should be a question for the Council. Ms. Ostby questioned whether the Commission is comfortable with someone with no Level 1 or hazards to have a Conservation PUD. Ms. Louisos said it is clear that would be taking otherwise developable land and making it a Conservation PUD. Ms. Dooley noted that comments from the Affordable Housing Committee will be forwarded to the Council separately. The Committee is particularly concerned with the option to have only Conservation PUDs in the SEQ, as this is not consistent with the Comprehensive Plan. In a straw poll of members, there was unanimous approval of continuing to offer the choice of a TND or Conservation PUD. Ms. Ostby did express concern that this could lead to “unpredictability.” PLANNING COMMISSION 27 APRIL 2021 Page 6 of 6 Ms. Dooley was concerned that the “choice paragraph” was not balanced, and you get the negative sides of the choice, not the positive. 6. Other Business: No other business was presented. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:17 p.m. These minutes were approved by the Planning Commission on ….. 1 MMMEEEMMMOOORRRAAANNNDDDUUUMMM TO: Chair of Planning Commission Milton Burlington Essex Town Essex Junction Winooski Westford South Hero South Burlington Charles Baker, Executive Director, CCRPC VT Department of Community Development FROM: Sarah Hadd, Director of Planning & Zoning DATE: April 26, 2021 RE: Notice of Supplement 43 to the Colchester Development Regulations and Planning Commission Reporting Form for Municipal Bylaw Amendment Continuation Sheet Pursuant to Title 24 VSA, Chapter 117, the Colchester Planning Commission will hold a public hearing on Tuesday, June 15, 2021 at 7 P.M. via Zoom at https://us02web.zoom.us/j/9359846003 for the purpose of considering ame ndments of the Colchester Development Regulations. The proposed amendments are as follows: 1. Added Section 2.07E(10) exempting small chicken coops from permits. 2. Clarified in Section 2.09A standards for accessory buildings exceeding 50% of principal structure size. 3. Amend Section 2.09B(1)(e) to exclude unenclosed structures from max allowable sq. footage of accessory apartments. 4. Modify Section 4.03 Table 6A(d) residential garages with doors facing a C Street. 5. Amend Section 6.03F(1) from one foot to two feet. 6. Clarified Section 8.03B to reference 24 V.S.A. Section 4413. 7. Clarify Section 9.07D(4) exemption is for all GD Districts and not just GD3. 8. Clarify pavement types in Section 10.01C and added 10.01C7-9 regarding electric vehicle charging. 9. Clarified bike rack location in Section 10.01K. 10. Add to Section 10.01M that additional commercial vehicles may be permitted on residential properties in conjunction with a home business 2 use. 11. Amended Section 10.08B(3) to be 10 ft. max height for solar panel instead of 8 ft. 12. Amended Section 9.02 and 9.04 to require parcel ids on plans subdivision plans. 13. Add Section 10.01M(5) for commercial vehicles in home businesses. 14. Clarified Section 11.05A expirations to be for tank wastewater permits. 15. Amend Section 12.20 definitions for Congregate Housing, Hospice Care Home, Nursing Care Institution, Mental Health Facility, and Residential Care Home to reference 33 V.S.A Section 7102 16. Amend Section 12.02 to add a definition of Group Quarters and Lowest Horizontal Member. Amend the definition of Dormitory to reflect Group Quarters. 17. Amend Table A-1 to add Group Quarters. Add 4.230 Landscape contractor’s yard as conditional use to GD Districts and Lumber contractor’s yard (4.210) as a conditional use to GD2. Add 9.210 Warehousing and 9.230 Archival Facility as conditional use to GD2. 18. Rezone parcel id# 64-004002-0000000 IND to R1. 19. Rezone parcel id# 64-005002-0000000 IND to R1. These are a summary of the proposed changes. The existing and proposed regulations can be found at the Town Offices at 781 Blakely Road and may also be reviewed on-line at http://www.colchestervt.gov. 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effe ct of the proposal on the availability of safe and affordable housing: The proposed amendment includes mostly housekeeping clarifications that specify existing processes. 2. Is compatible with the proposed future land uses and densities of the municipal plan: The proposed amendment clarifies existing regulation and does not change densities or land use with the exception of two parcels that are proposed to be rezoned from Industrial to Residential One. These two parcels are each developed with single- fa mily residences within an existing residential neighborhood and the rezoning will make these residential uses conforming without impacting density. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed changes to the regulations will not impact planned community facilities.