HomeMy WebLinkAboutAgenda - Planning Commission - 09/24/2019South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, September 24, 2019
7:00 pm
South Burlington Municipal Offices, 575 Dorset Street
AGENDA:
1. Directions on emergency evacuation procedures from conference room (7:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Planning Commissioner announcements and staff report (7:06 pm)
5. Review and consider warning public hearing on proposed amendments to the Land Development
Regulations: (7:15 pm)
a. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District
b. LDR-19-09: Modify City Center Open Space locational criteria and options
c. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
d. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
e. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
f. LDR-19-13: Modify and Extend Inclusionary Zoning requirements to encompass all lands within the Transit
Overlay District and portions of land north of I-89 in the vicinity of Hinesburg Road & Old Farm Road;
modify income eligibility in Affordable Housing Density Bonus standards
g. LDR-19-14: expand allowances for Cultural Facilities, Indoor Theaters, Artist Production Studios, and
Community Centers within C1-R15, C1-R12, and C1-Auto Zoning Districts
6. Debrief of City Council public hearing on LDR amendments (8:30 pm)
7. Meeting Minutes (8:40 pm)
8. Other business (8:42 pm)
9. Adjourn (8:45 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
South Burlington Planning Commission Meeting Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to
insure that everyone has a chance to speak and that meetings proceed smoothly.
2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an
item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to
call on each participant in sequence.
3. Once recognized by the Chair, please identify yourself to the Commission.
4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to conduct business items.
5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the
Community Room is available should people wish to ch at more fully.
6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not
interrupt others when they are speaking.
7. Make every effort not to repeat the points made by others.
8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Commission for a second time.
9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning
Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters.
Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and sway public opinion on the matter.
10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulation to the Planning Commission and kept as part of the City Planner's official
records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be
included in the record.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
Cathyann LaRose, City Planner
SUBJECT: PC Staff Memo
DATE: September 24, 2019 Planning Commission meeting
1. Directions on emergency evacuation procedures from conference room (7:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm)
3. Open to the public for items not related to the agenda (7:03 pm)
4. Planning Commissioner announcements and staff report (7:06 pm)
The City hosted a public input forum on the potential indoor recreation facility
The City Council heard two application for Interim Zoning. One was for a 3-lot subdivision off
Hinesburg Road, one was for a 2-lot subdivision off Spear Street. Both hearings were closed.
All committees symposium September 26: On Thursday September 26th in the evening, the
City will be hosting an all-committees symposium. Each Committee/Board will have a poster
board of projects being worked on and make a short presentation to the City Council. In
addition, there will be workshops & trainings on a host of different topics, and social time for
folks to get to know one another better. Save the date!
Airport Noise Compatibility Plan: The Airport hosted its Technical Advisory Committee
meeting on Sept 19th. The Airport presented a draft Noise Compatibility Plan chapter on
mitigation measures. The proposed measures track fairly closely to the priorities laid out by
the City Council, that is, to replace the buy-out and removal program with programs that
support the retention for housing for all properties eligible for those options. A public
hearing will be held on the full draft plan in October.
Williston Road Streetscape Public Meeting. A public meeting will be held on Wednesday
October 2nd to gather feedback on the proposed streetscape improvements along the south
side of Williston Road. This project would be partially funded by a grant that was successfully
applied for last year.
5. Review and consider warning public hearing on proposed amendments to the Land
Development Regulations: (7:15 pm)
See the enclosed memos & draft language. There are three memos & sets of language, one each for
the Form Based Code amendments, Inclusionary Zoning amendments, and Cultural Facilities
amendments. Also enclosed is a draft Planning Commission Report on each of these.
As always, the Commission may elect to warn a public hearing on all, some, or none of the
amendments, and may make modifications now or after the hearing on any of them.
Staff recommends Tuesday, October 22nd for a Public Hearing should the Commission be ready to
warn the hearing.
6. Debrief of City Council public hearing on LDR amendments (8:30 pm)
An opportunity for Commissioners to discuss the City Council hearing from this past week.
The Council adopted 4 of the 5 amendments and elected to take no action at this time on
the proposed parking amendment and instead discuss it at their next meeting, October 7th.
The Council did close the public hearing on each of the amendments. No requests or
assignments for work were given to staff, the Planning Commission or other participants.
7. Meeting Minutes (8:40 pm)
Minutes from your September 10th meeting are enclosed.
8. Other business (8:42 pm)
9. Adjourn (8:45 pm)
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
South Burlington Planning Commission
Proposed Land Development Regulations
Amendment & Adoption Report
Planning Commission Public Hearing October 22, 2019
In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the
following report regarding the proposed amendments and adoption of the City’s Land Development
Regulations.
Outline of the Proposed Overall Amendments
The South Burlington Planning Commission will hold a public hearing on Tuesday, October 22, 2019 at
7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the
following amendments to the South Burlington Land Development Regulations:
A. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC
T4 District
B. LDR-19-09: Modify City Center Open Space locational criteria and options
C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used
for hardscapes in FBC district
D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
E. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
F. LDR-19-13: Modify and Extend Inclusionary Zoning requirements to encompass all lands within
the Transit Overlay District and portions of land north of I-89 in the vicinity of Hinesburg Road &
Old Farm Road and modify income eligibility in Affordable Housing Density Bonus standards
G. LDR-19-14: expand allowances for Cultural Facilities, Indoor Theaters, Artist Production Studios,
and Community Centers within C1-R15, C1-R12, and C1-Auto Zoning Districts
Brief Description and Findings Concerning the Proposed Amendments
The proposed amendments have been considered by the Planning Commission for their consistency
with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted
February 1, 2016. For each of the amendments, the Commission has addressed the following as
enumerated under 24 VSA 4441(c):
2
“…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall
include a statement of purpose as required for notice under section 4444 of this title, and shall include
findings regarding how the proposal:
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including the
effect of the proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.”
A. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4
District
Brief explanation of the proposed bylaw
The amendment would reduce the minimum height of residential first story windows in the T4
from 7.5’ to 6’, establish a minimum head height, and require design to promote privacy for first
story residents.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The proposed amendment will promote greater quality of life for first-story residential
units in the T4, and promote safety of residents through greater privacy. The amendment
will not affect the affordability of housing in any substantive manner.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendment will not affect proposed future land uses or densities as
presented in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
B. LDR-19-09: Modify City Center Open Space locational criteria and options
Brief explanation of the proposed bylaw
The proposed amendment would allow for large properties to designate an open space wherein
buildings within ¼ mile walking distance of the building itself can count it towards their
requirement and would clarify prohibitions related to location and natural resources
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing
3
The amendments remain consistent with the Plan’s goals for open space within walking
distance of homes and will have no substantive effect on the availability of safe and
affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
Brief explanation of the proposed bylaw
The proposed amendment would allow up to 85% of a project’s minimum landscaping budget to
the used at approved off-site open space locations, upon demonstration that the site itself is
sufficiently landscaped. In addition, a greater proportion of the minimum landscaping budget
may be used for hardscape features (90% in T5, 80% in T4).
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The Comprehensive Plan calls for a compact, well-designed urban area in City Center.
Allowing more landscaping to be used off-site and/or be used for hardscaping reflects this
objective. The proposal will have no effect on the availability of safe and affordable
housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to materially impact proposed future land uses and
densities as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
4
Brief explanation of the proposed bylaw
The proposed amendment would reduce the minimum distance a parking area may be from a
planned or existing public street where no building is present (the “reserved area” for a future
building) from 80’ to 62’ in the event parking behind that area is shared. Also requires screening
of the area from the frontage area.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The proposed amendment will support ongoing infill development in the City Center area
as envisioned in the Plan. The amendment would have no significant effect of the
proposal on the availability of safe and affordable housing.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
E. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
Brief explanation of the proposed bylaw
The proposed amendments would eliminate the requirement for upper story glazing to be
located at least 30” from the corners of buildings in the T5, and clarify that there is an overall
85% minimum requirement for upper story glazing to be transparent in T4 and T5.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The amendments are not anticipated to have any impacts on the availability of safe and
affordable housing and are consistent with the Comprehensive Plan’s goals for a well-
designed City Center area.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
5
F. LDR-19-13: Modify and Extend Inclusionary Zoning requirements to encompass all lands within the
Transit Overlay District and portions of land north of I-89 in the vicinity of Hinesburg Road & Old
Farm Road and modify income eligibility in Affordable Housing Density Bonus standards
Brief explanation of the proposed bylaw.
The proposed bylaw would extend and modify the Inclusionary Zoning Requirements in the City
Center Form Based Code District to encompass all lands within the Transit Overlay District and
portions of land north of I-89 in the vicinity of Hinesburg Road & Old Farm Road, and would
modify income eligibility in Affordable Housing Density Bonus standards elsewhere in the City.
Specifically, Inclusionary Standards include the following structure:
• Required for projects with 12 or more new dwelling units.
• 10-15% of units must be affordable in perpetuity to household area median income (AMI)
targets for households between 70% and 80% of income (10/70 for homeownership, 15/80
for rentals), and actual income eligibility to be greater.
• Developer Offsets and Incentives. One additional market rate unit for every one inclusionary
unit (rentals) and two additional market rate for every one inclusionary unit (ownership) and
parking requirements for inclusionary units are “no greater than one space per unit.
• Developer Bonus: One market rate unit for each inclusionary unit above the minimum
required.
• Alternatives available to developer: land dedication in lieu of inclusionary unit construction
and off-site construction of inclusionary units.
• Allow, under Affordable Housing Density Bonuses, for actual household incomes to be
greater than the maximum sales price based on 80% of area median incomes.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
The proposed amendments are intended to support the economic integration of housing
in a manner that both supports affordability objectives and is attainable by the
development community. The Comprehensive Plan includes the following objectives and
strategies:
Vision & Goals:
Objective 2. Offer a full spectrum of housing choices that includes options affordable to
households of varying income levels and sizes by striving to meet the housing targets set
forth in this Plan.
Strategy 4. Implement a variety of tools and programs to foster innovative approaches to
preserving and increasing the City’s supply of affordable and moderate income housing.
Potential tools should be explored and could include form-based codes that would allow a
variety of residential and mixed use building types, transferable development rights,
neighborhood preservation overlay districts, household definition regulations,
6
inclusionary zoning, bonuses and incentives, waivers and expedited review processes,
and/or a housing retention ordinance.
Strategy 10. Develop strategies that can lead to the availability or development of more
housing that is affordable to middle income, working residents and families in the City…
Strategy 13. Target for construction, by 2025, of 1,080 new affordable housing units - 840
housing units affordable to households earning up to 80% of the AMI and 240 housing
units affordable to households earning between 80% and 120% of the AMI.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The proposed amendments would replace existing allowances of density bonuses of
either 25% or 50% with an inclusionary requirement.
The requirement is accompanied by an offset allowance of 15%-20% in density increase
(rental & ownership) as an incentive to applicants as required under 24 VSA Chapter 117.
In addition, applicants electing to provide a greater proportion of dwelling units at the
Inclusionary Zoning eligibility thresholds would receive an additional market rate unit for
each. The maximum total density increase in that instance would be 100%-110% (rental &
ownership).
While this does represent a potential increase in density through the proposed bonus
structure, the standards would apply solely within the City’s Transit Overlay District. The
Comprehensive Plan includes the following relevant objective:
Objective 39. The majority of all new development will occur within the Shelburne Road,
Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service
area.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
G. LDR-19-14: expand allowances for Cultural Facilities, Indoor Theaters, Artist Production Studios,
and Community Centers within C1-R15, C1-R12, and C1-Auto Zoning Districts
Brief explanation of the proposed bylaw
The proposed amendments would expand existing areas where cultural facilities, indoor
theaters, artist production studios and community centers area allowed to throughout the C1-
R15, C1-R12, and C1-AUTO Districts.
(1) Conforms with or furthers the goals and policies contained in the municipal plan, including
the effect of the proposal on the availability of safe and affordable housing.
7
The amendments are not anticipated to have any impacts on the availability of safe and
affordable housing. They are anticipated to support quality of life objectives for the
community:
Objective 14. Seek a livable balance between public, commercial, and civic activity and
private tranquility and promote the health, peace, and well-being of residents in their
daily lives.
Objective 16. Build and reinforce diverse, accessible neighborhoods that offer a good
quality of life by designing and locating new and renovated development in a context-
sensitive manner.
Strategy 35. Take into account the quality of life of residents, employees, and visitors in
the development of City policies, plans, projects, and regulations.
(2) Is compatible with the proposed future land uses and densities of the municipal plan.
The amendments are not anticipated to impact proposed future land uses and densities
as outlined in the Comprehensive Plan.
(3) Carries out, as applicable, any specific proposals for any planned community facilities.
The amendments do not impact specific proposals for any planned community facilities.
575 Dorset Street South Burlington, VT 0 5403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: LDR-19-08 to LDR-19-12 Form Based Codes Proposed Amendments
DATE: September 24, 2019 Planning Commission meeting
Last month, the Commission received a series of proposed amendments to the Form Based Code and also some
feedback indicating some items that need to be reviewed.
The Committee will be meeting on Monday, September 23rd to review and possibly advance some altered
proposals. The status of each is listed below.
Note that at this time, in order to not further confuse the subject areas, staff recommends that the Commission
NOT advance LDR-19-06, changes to the Open Space Table, except as included in the items below. LDR-16-06
was included in the Commission’s August public hearing but contains some items still under review by the FBC
Committee.
• LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District
Status: previously approved by the FBC Committee, no changes since that time.
• LDR-19-09: Modify City Center Open Space locational criteria and options
Status: A prior version of this amendment was approved but then returned to the Committee for
additional review. The revised draft represents a re-write from the prior version of this LDR number.
These are being reviewed by the FBC Committee on Monday.
• LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
Status: previously approved by the FBC Committee. Following approval, staff noted the use of the term
“off-site” in this text. With ongoing discussion of the use of the term, staff has made very minor proposed
changes to the language to remove reference to that term (all changes shown in yellow highlight). These
are being reviewed by the FBC Committee on Monday.
• LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
Status: previously approved by the FBC Committee, no changes since that time
• LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
Status: previously approved by the FBC Committee, no changes since that time
LDR-19-08 T4 Window Heights
Draft for Planning Commission Review September 24, 2019 | 1
LDR-19-08 Reduce first story minimum window heights and establish privacy
standards in FBC T4 District
Section 8.13 T-4 Urban Multi Use Building Envelope Standards
(7)Glazing
(a)First Story Min. 40% of the
Width of the
Building, and Min.
7.5' in height for
non-residential and
6' in height with
Min. head height of
7.5' for residential
Min. 20% of the
Width of the
Building, and Min.
7.5' in height for
non-residential
and 6' in height
with Min. head
height of 7.5' for
residential
(b)First Story, percent of glazing required to be
transparent
75% Min.75% Min.
(c )Upper Stories
(d)Upper Stories, percent of glazing required to be
transparent
(d)Ground story residential privacy Ground story facades facing a street or
public park shall be designed to provide
privacy to the interior of the units
through either establishing a window
sill height of at least 36" above the
adjacent sidewalk or a combination of
landscaping and hardscaping to create
the same effect.
See Note 2
See Note 2
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 23, 2019 | 1
LDR-19-09: Establish greater allowance for location of open space
…
Section 8.08 Open Space Requirements
E. Open Space Location
(1) (E) Locating Open Space Off-Site
(a) (1)Qualifying open space may be located off-site, or on a parcel other than the one where the
subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must
be located within City Center FBC District boundaries and must meet the standards articulated herein.
Designated off-site open space must qualify under the palette of options listed in Table 8-2.
(b) (2)Designated off-site qualifying open space shall be located on developable land. For the
purposes of this section 8.08, developable land is an area of land within the City Center FBC District
that feasibly can be developed with residential uses or mixed uses in accordance with the Code as
determined by the DRB. Developable land area shall not, except where otherwise specified, include
(a) (i) Land area that was already substantially developed, including existing parks and dedicated,
perpetual open space within such substantially developed portion;
(b) aAreas of contiguous land that are unsuitable for development because of topographic
features or for environmental reasons, per chapter 12 of these regulations, unless approved for
impact under said chapter.
(c) (3)Wetlands and wetland buffers shall not be designated as off-site qualifying open space
areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be
actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In
considering whether to make this finding, the DRB may wish to consider the reasonable and expected
use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in
Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer
shall not count as more than 50% of the minimum required qualifying open space.
(d) (4)Pre-approval of open space. An applicant that constructs a greater area of open space than
the minimum required area may apply that additional open space that exceeds the minimum towards
the required open space for a future building. In doing so, the applicant shall demonstrate with each
such building that the off-site open space is qualifying for the proposed building in question.
(3) Large Development Area Open Space Option.
Purpose: To provide larger properties within the City Center Form Based Code District the ability to
provide a portion of their required open space in a coordinated, consolidated manner.
(a) Requirements: At the time of site plan application for any building proposed to make use of an
Open Space under this section, or at the applicant’s discretion as a separate miscellaneous
application, the following shall be submitted:
(i) A plan delineating the geography involved and indicating the location of existing parcel
lines, public pedestrian or roadway easements, and public rights-of-way on the property(ies). All
such properties must be contiguous with one another, excepting public rights-of-way.
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 23, 2019 | 2
(ii) A demarcation of area(s) to be designated as open space and the type(s) of open space
for each area.
(iii) Any such open space shall consist of at least ½ acre of qualifying land and shall include an
entrance directly fronting a public street.
(iv) Demonstration of common ownership, control, or legal agreement among involved areas,
totaling a minimum of fifteen (15) acres of land;
(v) Demonstration of pedestrian connectivity, showing that existing or proposed buildings
seeking to use the Open Space will have uninterrupted
pedestrian access (save for street or driveway crossings) to open space(s) designated under this
section. Access may consist of paved or unpaved surfaces but shall be intended for pedestrian
and/or bicycle use. Pedestrian access shall be constructed to any open spaces serving to meet a
building’s Open Space requirement prior to the issuance of a Certificate of Occupancy for such
building.
(b) Effect: Approval of a Large Property Open Space Option shall afford the applicant the following,
in addition to the options available in Table 8-1:
(i) Any open space designated under this section shall be eligible for use in meeting open
space requirements for any buildings located within ¼ mile walking distance of the open space
within the delineated area. Distance shall be measured from the nearest corner of the building to
the entrance to the open space via pedestrian connection; and,
(ii) Any open space designated under this section shall be eligible to account for up to 50%
of the total open space required for a building.
(c) Ongoing accounting. The property owner / controlling entity of a large property open space shall
maintain an ongoing tally of open space required and provided for all development within the
designated area which shall be submitted whenever a change in the Open Space or its applicably
by buildings is applied for.
Appendix F: Open Space
*** Enhanced or Recreational
Wetlands/Stormwater Treatment
Area
***
*** *** *** ***
Other *** Must be located on applicant-
owned property.
***
LDR-19-10 Off-site Landscaping
Draft | 1
LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site
and to be used for hardscapes in FBC district
8.08 Open Space Requirements
…
G. Landscaping Requirements
(1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first
$250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that
this investment be in trees and shrubs, and on-site.
(2) WithinFor the City Center FBC District, a portion of the minimum landscaping budget may be used applied to for
other non-bulb perennial vegetation, art, decorative hardscapes, or other publicly welcoming amenities, as detailed in Table
8-3 and Appendix F, as part of a cohesive landscape plan that provides adequate planting of trees and shrubs appropriate to
the site., and when located within the public realm as defined in these Regulations.
(3) Off-site landscaping. Where Open Space is approved to be located off-site or within a specified distance of the site
pursuant to Section 8.08(E), up to eighty-five (85) percent (30) percent of the required landscaping budget may also be
located off-site. Prior to the application of any landscaping budget off-site as permitted in this subsection, the In such
instances, the applicant shall demonstrate to the Administrative Officer that the site that is the subject of the building
application site has been adequately landscaped with trees, shrubs, and other non-bulb perennial vegetation, to provide a
cohesive landscape plan. When off-site use of landscaping is proposed off-site or within a specified distance of the site, the
total required landscape budget shall increase by fifteen (15) percent.
Table 8-3. Landscaping Options
Zone Maximum use of
Minimum Landscaping
Budget
Acceptable Palette of Options
T5 60% 90% Palette includes commissioned sculptures (excluding signss), fountains,
ornamental planters, ornamental or commissioned benches*, decorative
hardscapes, and ornamental or commissioned bicycle racks*
T4 40% 80% Palette includes same as T5.
T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for
community gardens, gazebos for common use, and rain gardens (as restricted
in Appendix F).
*credit may be given for the difference incremental value by which the proposed amenity exceeds the specified requirement for
the district, at the discretion of the Administrative Officer or the Development Review Board where applicable
s As defined in the South Burlington Sign Ordinance
Credit will not be given for the value of the land under which any of the above are constructed.
LDR-19-11 Reserved building space
Draft for Planning Commission Review September 24, 2019 | 1
LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5
Districts
8.05 Parking
A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be
determined by Street Type and Street Typology and consultation with the Department of Public Works.
B. Off-Street Parking placement.
(1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be
permitted, but shall be set back a minimum of 25 feet from the closest street line.
(2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may
approve surface parking which is within the 25-foot setback and which is not hidden from view from the street
by a building, provided:
(a) the subject parking represents the smallest practicable portion of the total parking required for
the property; and,
(b) the area encompassed by the subject surface parking represents a significantly minor incursion
with the 25-foot setback.
(3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of
an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas
between the street right-of-way and proposed parking have been met, regardless of whether such areas are on
one or multiple lots with one or multi ownerships.
(a) This figure shall be reduced to eighty sixty-two feet (62’ 80’) where the applicant demonstrates
that this area has a shared parking agreement that would allow for the development of the area without
parking within this eightysixty-two-foot (62’80’) area. Screening with vegetation or a non-plastic fence or
wall of at least three (3) feet in height shall be installed along the street frontage until such time as the area
is developed. The Administrative Officer may approve the screening to be at the rear of the area, adjacent
to parking, where it presents a better overall landscape treatment for the site.
LDR-19-12 Upper Story Glazing
Draft for Planning Commission Review September 24, 2019 | 1
LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 districts
8.13 T-4 Urban Multi-Use Building Envelope Standards
…
(C) Building Standards
…
(7) Glazing
…
(c) Upper Stories See Note 2
(d) Upper Stories, percent of glazing required to be transparent See Note 2
8.14 T-5 Building Envelope Standards
…
(C) Building Standards
…
(7) Glazing
…
(c) Upper Stories See Note 2
(d) Upper Stories, percent of glazing required to be transparent See Note 2
T4 Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(3)
(e) A minimum of 85% of all required glazing shall be transparent
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or
wall section that is at least 7 inches wide.
(a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on
the primary building facade and 20% on secondary building facades.
If a corner lot is 100’ or less in width along the street containing the primary building facade and
greater than two (2) times that width in depth, the required frontage buildout on the BES shall be
reduced by 50% on the street containing the secondary building facade.
Standard does not apply to a building façade abutting an Intertstate or Interstate ramp
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed
a minimum of 3 inches, except for bay windows and storefronts.
LDR-19-12 Upper Story Glazing
Draft for Planning Commission Review September 24, 2019 | 2
T5 Notes
(1)
(2)Upper Story Glazing Shall comply with the following standards:
(3)Building Break Standards also apply to any façade facing a Qualifying Open Space
(e) A minimum of 85% of all required glazing shall be transparent
(d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a
minimum of 3 inches, except for bay windows and storefronts.
(e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners
(excluding bay windows and storefronts).
If a corner lot is 100’ or less in width along the street containing the primary building facade
and greater than two (2) times that width in depth, the required frontage buildout in the BES
shall be reduced by 50% on the street containing the secondary building facade.
(a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on
the primary building facade and 20% on secondary building facades.
(b) 80% of glazing on upper stories shall be taller than wide
(c) The required percentage shall be achieved by multiple openings. Windows may be ganged
horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or
wall section that is at least 7 inches wide.
575 Dorset Street South Burlington, VT 0 5403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: LDR-19-13 Updated Draft Inclusionary Zoning & Affordable Housing Standards
DATE: September 24, 2019 Planning Commission meeting
Last month, the Commission received a presentation from the Affordable Housing Committee on proposed
amendments to the LDRs related to Inclusionary Zoning & Affordable Housing. At the conclusion of the
presentation, the Commission encouraged staff to review the draft and bring forward draft amendments for a
public hearing as soon as we were ready.
Staff reviewed the draft and requested that Champlain Housing Trust, which would possibly be a contracted
administrator of the amendments and has worked with the City through a number of applications, to also
review. These reviews raised a few questions for consideration. As reported at your last meeting, Jessica
recommended these items be brought to the Affordable Housing Committee for their input and action prior to
coming back to the Commission. The Committee will be considering a handful of proposed changes developed
by the Committee chair, Vice-Chair, and Regina Mahoney from the CCRPC on contract with the City, based on
the staff & CHT input.
To keep this work moving forward per the Commission’s request, the draft being considered by the Affordable
Housing Committee is ALSO included in YOUR packet. On Tuesday evening John & Sandy from the Committee
will report out on what the Committee’s actions were.
All of this to say that if the Commission is comfortable with the draft as presented or with any further
modifications from the Affordable Housing Committee on Tuesday, you will have the option to warn a public
hearing on the amendments. If not, you are of course not obligated to take that action at this meeting.
Below is a summary of the changes from the last draft that will be considered (thank you to Regina for typing
these up!). In the attached draft, they are shown in Yellow Highlight.
1. A number of technical edits have been made to clarify intent and/or address administrative challenges
with the current Inclusionary Zoning provisions, including:
a. Removed the requirement that the size (in square feet) of the IZ units be within 70% of the size
of the market rate units. This is too difficult to adhere to and administer; and a bedroom
proportionality requirement has been included that will meet the intent of this requirement and
be easier to administer. [Section (C)(2)(b)]
b. Clarified the intent to provide non-profit housing developers flexibility when their program
parameters are different than the specifics of this bylaw [Section (D)(4)]
2
c. Clarified the timing of the right of first refusal provisions for the City. [Section (D)(5)(a)]
d. Edited the text so the CO requirements are in one section. [Article 17: 17.03(B)(2)]
e. and other minor technical edits
2. After meeting with Champlain Housing Trust, we are proposing a number of changes to the program
structure for homeownership inclusionary zoning units: 10% of the units must be perpetually affordable
at a price point of 70% AMI; eligible households can earn up to 100% AMI; and the offset for the
developer is two additional market rate units for every one inclusionary unit. This is being proposed
because in Champlain Housing Trust’s extensive resale restricted affordability experience:
a. You really need a gap between the set maximum price point and the eligible households. If you
don’t have this, you have too narrow of a window of eligible buyers.
b. Without a gap and a lower price point target, the affordability becomes non-existent on future
sales as house prices go up faster than incomes.
c. If the maximum price point is set at 100% AMI there are plenty of condos on the market
currently that a buyer would choose over a resale restricted home, therefore developers will be
stuck with these units without any buyers.
Because the proposal is now requiring the developer to set a much lower price point, the proposal is to
require less IZ units (10% instead of 15%), and provides for a higher offset (they will get 2 more market
rate units for every 1 IZ unit).
3. An additional change is being proposed to allow for some flexibility in the resale provisions (Section
(D)(5)(a)) to further eliminate the future re-sale issue Champlain Housing Trust identified.
ARTICLE 18 LDR-19-13 Inclusionary & Affordable Housing
South Burlington Land Development Regulations
ARTICLE 2 DEFINITIONS
2.02 Specific Definitions
NOTE: These are new definitions relating to Inclusionary Zoning; they do not replace the Affordable
Housing definitions that are currently in the Land Development Regulations (and included here for
reference).
Affordable housing. this shall mean either of the following:
(A) Housing that is owned by its inhabitants, whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing
and Urban Development, and the total annual cost of the housing, including principal,
interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross
annual income; or
(B) Housing that is rented by its inhabitants whose gross annual household income does not
exceed eighty percent (80%) of the median income for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing
and Urban Development, and the total annual cost of the housing, including rent, utilities,
and condominium association fees, is not more than thirty percent (30%) of the household’s
gross annual income
This definition, however, does not apply to housing projects covered under inclusionary zoning,
pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning).
Affordable housing development. A housing development of which at least fifty percent (50%) of the units
are affordable to households at 80% AMI for rentals; and 100% AMI for homeownerhip housing units. This
definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA
Section 4414(7). See Section 18.01 (Inclusionary Zoning).
Household Size. The household size for an applicant seeking to rent or purchase an Inclusionary Unit is the
total number of individuals (adults and children) that will live in the Inclusionary Unit, regardless of each
individual household member’s relationship, if any, to other members of the household. Note, however, that
South Burlington’s land development regulations prohibit five or more individuals age 18 or older from
occupying a single dwelling unit when none of the five or more individuals is related to any other individual
living in the dwelling unit.
Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit
is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions)
or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household
member.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 2
Inclusionary Housing. A designated percentage, as defined in Section 18.01, of dwelling units included in a
development of 12 or more dwelling units that, as required:
(1) have a sales or rental price at or below that corresponding to the Area Median Income level (AMI),
100% for ownership or 80% for rental (as defined by the US Department of Housing and Urban
Development), to which the inclusionary unit is targeted as required by these regulations; and
(2) are occupied by households whose household income, at initial occupancy, does not exceed the
targeted AMI level for a household of its size; and
(3) have a sales or rental price that shall remain perpetually affordable at the AMI level, 80% or 100%, to
which it was targeted.
Inclusionary home ownership. a dwelling unit that is owned by its inhabitants:
(1) whose sales price does not exceed the maximum price calculated based on a HUD formula using
unit size (i.e. number of bedrooms) to define a unit-specific household size, for a household income of
70% of the median income (later referred to as the Area Median Income or AMI) for the Burlington-
South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing
and Urban Development); and
(2) which is owned by a household, whose household income, upon purchase, does not exceed the
100% AMI for a household of its size; and
(3) whose purchase price shall remain perpetually affordable at the 70% AMI level;
Note the unit-specific household size based on the number of bedrooms and the actual household size
of the purchasing household do not have to be the same.
Inclusionary rental housing. A dwelling unit that is rented by its inhabitants:
(1) whose rental price does not exceed the maximum price calculated based on a HUD formula using
unit size (i.e. number of bedrooms) to define a unit-specific household size, which is then matched to
the median income (80%, later referred to as the Area Median Income or AMI) for the Burlington-
South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing
and Urban Development), to which the inclusionary unit is targeted; and
(2) which is rented by a household whose household income, at initial occupancy, does not exceed the
AMI target for a household of its size; and
(3) whose rental price shall remain perpetually affordable at the 80% AMI level;
Note the unit-specific household size based on the number of bedrooms and the actual household size
of the renting household do not have to be the same.
Inclusionary Unit. A dwelling unit that meets the requirements of dwelling units defined under Inclusionary
Housing.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 3
18. AFFORDABLE HOUSING STANDARDS
18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus
18.03 Housing Preservation
18.01 Inclusionary Zoning
A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable
locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article the City
Center Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA §
4414(7) for the following purposes:
(1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the
preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent
with the South Burlington Comprehensive Plan, as most recently amended;
(2) To implement policies that support achievement of housing goals, objectives, and targets included
in the South Burlington Comprehensive Plan as most recently amended;
(23) To affirmatively address the current and anticipated need for affordable housing units among low-
and moderate-income South Burlington households that pay more than 30% of their income on housing,
as described in state law (24 VSA § 4303(1));
(34) To mitigate the impacts of market-rate housing development that is unaffordable to low- and
moderate-income households on the cost and supply of land and infrastructure available for affordable
housing development in the City Center Form Based Codes Districtapplicable locations;
(45) To promote the integrated development of mixed-income housing in the applicable locationsCity
Center Form Based Codes District, including a range of housing options needed to strengthen, diversify,
and contribute to the vitality of City Center and the South Burlington community;
(56) To ensure thatpromote the development of affordable housing opportunities that are available in
the City Center Form Based Codes District, which is or will belocations accessible to goods and services
and served by existing or planned public transit services;
(67) To ensure that affordable housing units developed under inclusionary zoning remain perpetually
affordable.
(78) To provide integrated development incentives that contribute to the economic feasibility of
providing affordable housing units, including eliminating maximum residential densities, minimum lot
sizes, and minimum parking requirements for residential units within the City Center Form Based Codes
District.
B. Applicability
(1) Zoning Districts and Locations. Inclusionary Zoning shall apply in the following areas:
(a) All zoning districts that permit residential development and underlie the Transit Overlay District;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 4
(b) The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay
District; and
(c) The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and
is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the
northerly direction.
(2) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall
apply in the locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this
Article within the City Center Form Based Codes District to any development, notwithstanding any phasing
of the development, that will result in the creation of twelve (12) or more total dwelling units through
subdivision, new construction, or the conversion of an existing structure or structures from non-residential
to residential use. In addition, the provisions of this section shall apply to any development that will result
in the creation of twelve (12) or more of any other form of permanent housing, including but not limited
to housing units contained within a housing facility that is permitted as a congregate care facility, except
group homes, residential care facilities, or skilled nursing facilities as defined in these regulations. When
a development includes both residential dwelling units and housing units permitted as congregate
housing, the number of required inclusionary units shall be determined by the sum of the residential units
and the housing units contained in the congregate care facility, and distributed proportionally between
the two uses. For purposes of this requirement, two or more developments shall be aggregated and
considered as one development subject to this section if:
(a) The developments are located on abutting properties; and
(b) The developments are owned or controlled by the same person; and
(c) Either:
(i) The developments will undergo subdivision, construction, or conversion of an existing
structure or structures from non-residential to residential use within the same five-year period,
which period shall be measured from the date a proper and complete application is first
submitted, or
(ii) A master plan exists, as approved by the City, which includes two or more of the
developments.
(23) Exemptions. The following developments are exempt from these requirements:
(a) Projects that are developed by an educational institution for the exclusive residential use and
occupancy of its students.
(b) Institutional, group homes or group quarters housing, including long-term care facilities.
(c) The redevelopment of existing dwelling units in a project that produces no additional units.
C. Inclusionary Units
(1) For covered development, at least five fifteen percent (15%) of the total dwelling units offered
for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative
ownership, shall be affordable to households; or at least ten percent (10%) of the total dwelling units
offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative
ownership, shall be affordable to households. While there is no requirement for inclusionary units to be
offered as either rent or sale, prior to or upon request for the Certificate of Occupancy the applicant shall
provide whether the inclusionary units will be used for rental or for purchase so that the City, or their
designee, may confirm that the offered rents or prices meet these requirements prior to issuance of the
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 5
Certificate of Occupancy. The rents or price shall be affordable to the income limits having incomes as
follows:no greater than 80% of the area median income (AMI) adjusted for household size. An additional
five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater
than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling
units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for
household size.
(a) For inclusionary units offered as rental, the inclusionary units must be affordable to
households having incomes at or below 80% AMI as defined in Section 18.01(D)(2).
(b) For inclusionary units offered as home-ownership, the inclusionary units must be affordable
to households having incomes at or below 100% AMI as defined in Section 18.01(D)(2).
(c) Where the application of this formula the 15% requirement results in a fractional dwelling
unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are
greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to
n.50 but less than n+1.00 are rounded up).
(b) When the developer proposes to build at least 12 but fewer than 17 housing units, the
requirement will be to include two (2) affordable dwelling units one of which shall be affordable to
households whose incomes are no greater than 80% of AMI adjusted for household size and the other
shall be affordable to households whose income is no greater than 100% of AMI adjusted for
household size.
(c) When the developer is required to build a number of affordable dwelling units where the
number of affordable dwelling units calculated by multiplying the total number of units by 15% is not
evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level
adjusted for household size and, where applicable, the second “remaining” dwelling unit must be
affordable at 100% AMI level adjusted for household size.
Example: The developer is required to build 13 affordable dwelling units. Four dwelling units
must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be
affordable at the 100% of AMI adjusted for household size; four dwelling units must be
affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit
must be affordable at the 80% AMI adjusted for household size.
(2) Inclusionary units required under this section shall be:
(a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-
Site Construction) of this Article, and integrated among market rate units in the development.
(b) Similar in architectural style and outward appearance to market rate units in the proposed
development.
(i) Inclusionary units shall be constructed with the same exterior materials and architectural
design details used in market rate construction. Similar exterior amenities and landscaping shall
also be provided. However, the exterior dimensions of the inclusionary units may differ from those
of the market rate units.
(ii) Inclusionary units shall be no less energy efficient than market rate units;
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 6
(iii) iInclusionary units may differ from market rate units in with regard both to interior
amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units,
however, shall not be less than 70% of the average (mean) gross floor area of market rate units.
(iv) Inclusionary units developed as part of a housing development that includes duplexes,
triplexes, four-plexes or other multi-family dwellings may be of varied types. Inclusionary units
developed as part of a single-family housing development may be accommodated in duplexes or
multi-family dwellings that resemble the market rate single-family dwellings, as allowed within
the City Center Form Based Codes District.
(v) The number of bedrooms in inclusionary units shall be the same as the number of
bedrooms in the market rate units, on a proportional basis. Therefore, as an example, if 50% of
the market rate units have 1 bedroom, and 50% have 2 bedrooms, at least 50% of the inclusionary
units shall have at least 1 bedroom and the remainder, if any, shall have at least two bedrooms.
(c) Constructed and made available for occupancy concurrently with market rate units unless the
Administrative Officer or Development Review Board, based on documentation from a financial
institution denying financing, or physical site constraints, approves a plan allowing non-concurrent
construction of the affordable units. Buildings containing the last 10% of market rate units shall not
receive certificates of occupancy until certificates of occupancy are issued for all buildings containing
inclusionary units, including when the inclusionary units are provided off-site as provided for in
Subsection (E)(1)(b) (Off-Site Construction) of this Article.
D. Affordability Requirements. The bases for determining maximum rental and purchase prices for
inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under
this section are described below. The data used to determine the incomes, rents and purchase prices are
updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data
is updated annually on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency,
in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”.
Refer to this table in administration of this section.
(1) Affordability Determinations. Inclusionary units required under this section shall be affordable
and marketed to income-eligible eligible households as follows
(a) Maximum rent and purchase prices.
(a) For rentals, the maximum monthly rent for an inclusionary unit is one-twelfth of 30% of the
targeted Area Median Income (80%) corresponding to the size of the specific unit (measured
in number of bedrooms). This is the maximum monthly amount that may be charged for rent
that includes all of the rental housing costs, as defined herein. When any component of the
rental housing costs is excluded, the maximum rent allowed is reduced accordingly.
(b) For homeownership, the maximum monthly homeownership cost for an inclusionary Unit is
one-twelfth of 30% of the targeted Area Median Income (70%) corresponding to the size of
the specific unit (measured in number of bedrooms). This is the maximum monthly housing
cost total for sales units, as defined herein.
(a)(c) Maximum rent and purchase price calculation. Maximum Rents and Purchase Prices
for Inclusionary Units are calculated based on three components: housing costs, area
median income targets, and the number of bedrooms in the inclusionary unit. Housing
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 7
costs for inclusionary units shall not exceed 30% of annual household income,
adjusted for household size.
i. (i) Housing costs used to calculate the affordability of inclusionary units shall
include:
(a) For rental units – rent (inclusive of any condominium or homeowners’
association fees) and utilities (water, electricity and heating costs).
(b) (ii) For sale units – mortgage principal and interest, annual property
taxes, average annual homeowner’s insurance premiums, and average
annual mortgage insurance premiums, and 50% of annual condominium
or homeowners’ association fees.
i. (b) Income eligibility shall be determined based on
income guidelines, as adjusted for household size, published
annually by the U.S. Department of Housing and Urban
Development (HUD) for the Burlington-South Burlington
Metropolitan Statistical Area (MSA), or on program-based
income eligibility requirements established by a partnering
housing organization. The AMI shall be determined using the
most recent income guidelines available at the time a unit is
available for occupancy.
ii. Area Median Incomes (AMI) Targets. The U.S. Department of Housing and Urban
Development (HUD) estimates the Area Median Income for households residing
in the Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in
addition, for households of varying sizes residing in the MSA. HUD also calculates
AMI ratios, including 80% and 70% of AMI, for households of varying sizes in the
MSA. HUD publishes this AMI-based annual household income information
annually. Maximum rents and sales prices shall be determined using the most
recent HUD-published income guidelines available at the time the unit is available
for occupancy.
(iii) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked
to the size of the household that rents or purchases the inclusionary unit. Number of
bedrooms is used to define a household size linked to the specific unit. The use of “number
of bedrooms” for this purpose is explained under the Vermont Housing Data website’s
annual maximum rent and purchase price tables entitled “Maximum rent and purchase
price affordability thresholds by income and household size”.
Table 18-1 HUD Formula for Determining
Maximum Rents and Purchase Prices
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 8
Unit Size Household Size
Equivalent1
Efficiency/Studio 1
One-Bedroom Unit 1.5
Two-Bedroom Unit 3
Three-Bedroom Unit 4.5
Four-Bedroom Unit 6
(d) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an
available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending
institutions offering mortgages in South Burlington, or a lower Vermont Housing Finance Agency
(VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all
required inclusionary units. The calculated price shall assume a down payment of no more than 5% of
the purchase price.
(2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is
determined based on three components: Household Size, Household Income and Annual Median
Income (AMI) targets for Inclusionary Units. Household Size and Household Income are included
in Article 2 DEFINITIONS. The AMI amounts for applicants seeking to rent or purchase an
Inclusionary Unit shall be determined using the most recent HUD-published income guidelines
available at the time the unit is available for occupancy.
(a) For renters, households regardless of household size, are eligible for inclusionary units offered
at the targeted 80% AMI so long as their combined household income does not exceed those
AMIs.
(a)(b) For home-buyers, households regardless of household size, are eligible for
inclusionary units offered at the targeted 100% AMI so long as their combined household
income does not exceed those AMIs.
(3) Flexibility between maximum rent and purchase prices and eligible renter or purchaser households.
1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding
to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the housing unit. The
result is that the maximum rent or sales price for a particular affordable unit is the same for all eligible households
seeking to rent or purchase that affordable housing unit.
For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of
the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used
to determine the maximum rent or sales price of a particular inclusionary housing unit.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 9
(a) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose rent or
purchase price is linked to a household size (derived from number of bedrooms) that is not the same
as the Eligible Household’s size.
Examples:
● a two-person household may purchase a three-bedroom house or condominium.
● a three-person household may rent a one-bedroom apartment.
(b) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose AMI target
is higher than the Eligible Household’s AMI percentage.
Examples:
● a three-person household whose income is 70% of AMI (for its household size) may rent an
apartment whose rent is targeted to 80% of AMI.
● a two-person household whose income is 90% of AMI (for its household size) may purchase a
condominium or house whose price is targeted to 70% of AMI.
(c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose housing
costs exceed 30% of the Eligible Household’s income.
(4) Alternative Eligibility Criteria. When an affordable housing organization is a partner in a covered
development, eligibility may be determined in accordance with program-based eligibility
requirements established by the partner housing organization.
(25) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity
commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or
through purchase by or a contractual agreement with a local, state or federal housing authority or
nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to
recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument
or agreement ensuring the continued affordability of inclusionary units shall include:
(a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include
a covenant that limits the resale price to whatever is the higher of what the seller bought it for, or
what is affordable to a household at 70% AMI at the time of resale. formula for limiting equity
appreciation to an amount not to exceed 25% of the increase in the unit’s value, as determined by the
difference between fair market appraisals of the unit at the time of purchase and the time of resale,
with adjustments for improvements made by the seller and the necessary costs of sale, as may be
approved by the City Manager. ; In addition, the City shall have the option to purchase or transfer its
option to purchase owned inclusionary units at each future time of resale.
(i) The seller or his/her representative shall notify the City Manager or his/her designee of the
prospective sale of an owned inclusionary unit;
(ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund, shall then have an exclusive option for thirty (30) days to purchase the owned inclusionary
unit from the seller at a price consistent with the requirements of this subsection unless waived
or transferred;
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(iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust
Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement
for purchase of the owned inclusionary unit, or declaring an intent not to exercise such option,
the seller shall offer the owned inclusionary unit for purchase to income-eligible households in
accordance with the requirements of subsection 18.01(D) (Affordability Requirements).
(iv) On or before a purchase and sale agreement is executed between the seller and the City
Manager or his/her designee, s/he may assign the City’s option specified in this subsection to
purchase the owned inclusionary unit to a 501(c)(3) organization whose primary purpose is the
development of affordable housing. Upon the decision to exercise this transfer option, the City
Manager or his/her designee shall notify the seller of such assignment and the organization to
which the City has assigned the option, which organization shall deal directly with the seller and
shall have all of the authority of the City Manager, as provided under this subsection.
(b) Rent IncreasesChanges. Provisions to ensure the affordability of rental units shall require that
limit annual rent changes not exceedincreases to the percentage increase change in the median
household income within the Burlington-South Burlington MSA, when the change is an increase; and
that annual rent changes match the percentage change in the median household income within the
Burlington-South Burlington MSA, when the change is a decrease. An exception to the limit on
increases or required decreases is permitted to the extent that further increases or delayed decreases
are made necessary by documented hardship or other unusual conditions. , and shall provide that no
rent increase Such exceptions may not take effect until it has received the written approval of
approved in writing by the City Manager;
(c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units
at rental rates that exceed affordability limits established pursuant to this section.
(36) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units
shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary
units and the household move-in incomes of unit tenants, and certifies that unit affordability has been
maintained as required.
E. Developer Options
(1) Options (a) and (b) below are available to developers, upon request, as necessary to address
documented financial hardships based on documentation from a financial institution denying financing or
physical site constraints that limit or preclude the incorporation of inclusionary units within a covered
development. Options (c) and (d) are available to the developer at his or her discretion. A payment or
contribution in lieu of constructing required inclusionary units shall be prohibited.
(a) Dedication. The South Burlington City Council, in consultation with the entity designated by
the City Council (for example, a permanent South Burlington Affordable Housing Committee or South
Burlington Affordable Housing Board), may accept as an alternative to the development of
inclusionary units, a dedication by the developer of equal or greater value, including land and expected
inclusionary unit value, that furthers the purposes of this section. An example might be the donation
of developable land in the City Center Form Based Codes District that provides accessibility to transit,
employment opportunities, and services.
(b) Off-Site Construction. The developer of a covered development may comply with the
requirements of this section by constructing, within two years of receiving a permit for the covered
development, the required number of inclusionary units on another site within the same contiguous
boundary of the zoning district in which the covered development is locatedCity Center Form Based
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Codes District, or contracting with another entity to construct the required number of units within the
same contiguous boundary of the zoning district in which the covered development is located. This
condition shall not be considered satisfied until certificates of occupancy have been issued for all off-
site inclusionary unitsin the City Center Form Based Codes District. Off-site means outside the
boundaries of the Planned Unit Development, Subdivision or Site Plan of the covered development.
(c) A developer who constructs inclusionary units having three bedrooms shall receive credit for
three inclusionary units for every two three-bedroom inclusionary units constructed.
(d) A developer who constructs inclusionary units having four bedrooms shall receive credit for
four inclusionary units for every two four-bedroom inclusionary units constructed.
F. Offset for Fulfillment of Inclusionary Unit Requirements
(1) Residential Unit Offset. To offset an applicant’s fulfillment of this Section’s inclusionary unit
requirement is an allotment of one additional dwelling unit for each required rental inclusionary unit
that is constructed; or an allotment of two additional dwelling units for each required inclusionary
homeownership unit that is constructed. This offset shall not be provided for any required unit for
which the developer receives approval for the Dedication as described in 18.01 E.(1)(a) herein.
(a) Offset residential units are not subject to the inclusionary affordability requirements.
(b) The offset described above shall be approved as long as the total housing units in the specific
covered development do not result in non-compliance with Section 15.02(A)(4).
Example (1): In a 24-unit housing development on a six-acre plot in a R4 district, the developer is
required to build four (4) inclusionary units. The developer shall receive an offset of four (4) additional
dwelling units (total of 28 dwelling units).
Example (2): In a 36-unit housing development on a three-acre plot in a R12 district, the developer is
required to build five (5) inclusionary units. The developer shall receive an offset of five (5) additional
dwelling units (total of 41 dwelling units).
G. Density Bonuses for Exceeding Inclusionary Housing Requirements
(1) Applicability. This subsection applies in zoning districts or portions thereof as defined in
Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential
development is permitted. However, density is not a dimensional requirement in the City Center Form
Based Code districts, therefore this section is not relevant in those districts.
(2) Density Bonuses. When an applicant has voluntarily included more than the number of
inclusionary units required under Section 18.01.C.1, the covered development shall, upon request of
the applicant, include an additional density bonus over the base zoning density. The density bonus
shall be one dwelling unit for each inclusionary rental unit included voluntarily; or two dwelling units
for each inclusionary homeownership unit included voluntarily. Density bonus dwelling units are not
subject to the inclusionary affordability requirements.
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Example (1): In a 24-unit housing development on a six-acre plot in a R4 district, the developer is
required to build four (4) inclusionary units but voluntarily includes four (4) additional inclusionary
units. The developer shall receive an offset of four (4) dwelling units for the required inclusionary units
and a bonus of four (4) dwelling units for the voluntary inclusionary units, for a total of eight (8)
additional dwelling units and a total 32 units in the development.
Example (2): In a 36-unit housing development on a three-acre plot in a R12 district, the developer is
required to build five (5) inclusionary units but voluntarily includes three (3) additional inclusionary
units. The developer shall receive an offset of five (5) dwelling units for the required inclusionary units
and three (3) dwelling units for the voluntary inclusionary units, for a total of 8 additional dwelling
units and a total 44 units in the development.
H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units
(1) Applicability. This subsection applies in zoning districts or portions thereof as defined in
Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential
development is permitted. However, density is not a dimensional requirement in the City Center Form
Based Code districts, therefore this section is not relevant in those districts.
(2) Density Bonus. For applications that include at least three (3) but fewer than twelve (12)
dwelling units, where the developer has opted to construct one or more units that qualify as
inclusionary at or below the 80% of AMI level for rentals and 100% of AMI level for homeownership,
such approval shall, upon request of the applicant, include an additional density bonus over the base
zoning density. The density bonus shall be one dwelling unit for each inclusionary unit included
voluntarily. These bonuses apply to both rental and home-ownership developments with fewer than
12 units in which the developer voluntarily provides inclusionary units at or below 80% AMI level for
rentals and 100% AMI level for homeownership.
I. Parking Requirements. The number of parking spaces required for each inclusionary unit shall be no greater
than one space per unit.
FJ. Administration and Compliance
(1) Application Requirements. In addition to other submission requirements applicable to proposed
projects specified within this bylaw, applications under this section shall include the following information:
(a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary
units in relation to market rate units;
(b) Documentation supporting the allocation of inclusionary and market rate units, including
inclusionary unit set aside calculations;
(c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs,
and other data necessary to determine unit affordability;
(d) A list of proposed options, if any, to be incorporated in the plan, as provided for under
Subsection (E) (Developer Options) of this Article;
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LDR-19-13 | 13
(e) Documentation regarding household income eligibility;
(f) Information regarding the long-term management of inclusionary units, including the
responsible party or parties, as required to ensure continued affordability;
(g) Draft legal documents required under this section to ensure continued affordability;
(h) Construction timeline for both inclusionary and market rate units; and
(i) Other information as requested by the Administrative Officer to determine project compliance
with inclusionary zoning requirements.
(2) Application Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in
writing, whether a development application is in compliance with the inclusionary zoning requirements
specified in Subsection (FJ)(1) (Application Requirements) of this Article. In cases in which the AO
determines the application is not in compliance, he or she shall specify the areas of non-compliance.
(3) Application Review and Decision-Making. Depending on the approval authority of the base
application either the Development Review Board or Administrative Officer shall review and approve,
approve with conditions, or deny applications for developments subject to the inclusionary requirements
of Section 18.01 that are located in the applicable locations defined in Subsection (B)(1) (Applicability -
Zoning Districts and Locations) of this Article.
(4) Ongoing Compliance. The City of South Burlington Housing Authority, if any; another municipal
entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council,
shall be responsible for the on-going administration of the inclusionary units as well as for the
promulgation of such rules, regulations, and/or procedures as may be necessary to implement this
program. The Housing Authority, other municipal entity, or non-profit organization shall define and
implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales
procedures.
(53) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting
the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall:
(a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and
other information necessary to meet the requirements of this section;
(b) Monitor and maintain records regarding the status of inclusionary units developed under this
Section 18.01; and
(c) Prepare an annual written report for distribution to the South Burlington City Council and
Planning Commission and posting on the City’s website, to be considered in a public meeting, that
summarizes the status of covered projects and inclusionary units approved to date, and sets forth
program findings, conclusions, and recommendations for any changes that will increase the
effectiveness of inclusionary zoning.
18.02 Affordable Housing Density Bonus
A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and
quality affordable housing to attract and retain a qualified work force. The following provisions are established
to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 14
purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within
the City can be created in accordance with the Comprehensive Plan and these Regulations.
B. Applicability. This section shall apply in any Zoning District in which residential development is
permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) (Applicability - Zoning
Districts and Locations) of this ArticleCity Center Form Based Codes District.
C. Density Increase. On a case by case basis and as part of the Planned Unit Development application,
the Development Review Board may grant an increase in residential density over the base zoning density, in
order to create below market rate housing. The density increases shall be approved on the following criteria
and standards:
(1) Affordable Housing Development. The Development Review Board may grant a density increase
of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing
Development. The total of below market rate units shall be at least half of the total proposed dwelling
units. Where the total proposed dwelling units is an uneven number, the total of below market rate units
shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such
application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision
and Planned Unit Development Review.
(2) Mixed Rate Housing Development. The Development Review Board may grant a density increase
of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate
Housing Development. For each additional market-rate dwelling unit produced as a result of the density
increase, one (1) comparable below market rate unit must be provided. Such application shall be subject
to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit
Development Review.
Table 13-9 Example of Affordable Housing Bonus Calculation
Affordable Project: Mixed-Rate Project:
50% of Total Units Affordable 25% of Bonus Units Affordable
Acres 8.35 8.35
Base Density 12 12
Base Units 100.2* 100.2*
Bonus Units 50 25
Total Units 150 125
Net Density 17.98 14.99
Affordable Units 74 13
Market Rate Units 74 112
*Partial units always round DOWN to the lower whole number of units
D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and
Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following
standards shall guide the Development Review Board:
(1) The density upon which a bonus may be based shall be the total acreage of the property in
question multiplied by the maximum residential density per acre for the applicable zoning district or
districts.
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LDR-19-13 | 15
(2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall
apply only to properties of five (5) acres or more, and the maximum allowable residential density with or
without such a density increase shall be four (4) dwelling units per acre.
(3) Development Standards.
(a) Distribution. The affordable housing units shall be physically integrated into the design of the
development in a manner satisfactory to the Development Review Board and shall be distributed
among the housing types in the proposed housing development in the same proportion as all other
units in the development, unless a different proportion is approved by the Development Review Board
as being better related to the housing needs, current or projected, of the City of South Burlington.
(b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less
than comparable market-rate units in the housing development.
(c) Plan for Continued Affordability. The standards for Section 18.01(D)(25) shall apply.
(4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified
non-profit organization shall be responsible for the on-going administration of the affordable housing units
as well as for the promulgation of such rules and regulations as may be necessary to implement this
program. The Housing Authority or non-profit organization will determine and implement eligibility
priorities, continuing eligibility standards and enforcement, and rental and sales procedures.
E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied
types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom,
three-bedroom and four-bedroom apartment construction.
18.03 Housing Preservation
A. Purpose. The intent of this Section is to achieve one or more of these goals:
(1) To promote the health, safety and general welfare of the community by preserving existing housing
stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes
through the use of housing retention requirements as referenced in South Burlington’s 2016
Comprehensive Plan;
(2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of
residential structures, and to maintain housing that meets the needs of all economic groups within the
City particularly for those of low and moderate income;
(3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for
safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income
groups in each Vermont community;
(4) To support the retention of housing units in the City;
(5) To promote the health safety and welfare of the community by preserving the residential character
of neighborhoods; and,
(6) To offset the loss of housing by requiring replacement of housing units with new construction,
conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing
Trust Fund.
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LDR-19-13 | 16
B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these
Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example
a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following:
(1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any
order, decision or other action of the City or State that is caused by unreasonable neglect or deferred
maintenance of an existing or prior owner(s);
(2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal
program, including any air traffic or airport noise mitigation and compatibility program; and/or,
(3) the loss, demolition or conversion to nonresidential use or non-use of any other form of
permanent housing, including but not limited to housing units contained within a housing facility that is
permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing
facilities as defined in these Regulations.
C. Exemptions. This Section shall not be applicable to:
(1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not
limited to housing units contained within a housing facility that is permitted as a congregate care facility,
within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this
exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of
issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and
restoration of the residential use on the same parcel.
(2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused
by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the
owner’s control.
(3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial –
Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation,
Municipal, Commercial 1-AIR, Airport, and Airport-Industrial.
(4) The conversion of a duplex to a single-family home.
(5) As of the initial effective date of this Section, any dwelling units:
(a) For which the Burlington International Airport / City of Burlington has obtained Federal
Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the
acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This
includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether
or not these dwelling units have been purchased or removed as of January 1, 2018.
(b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use
Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April
23, 2009.
See Appendix H for a complete listing of properties by address.
(6) The removal of accessory dwelling units.
D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt
under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a
nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 17
In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a
zoning permit application under this Section:
(1) A statement certifying the number of dwelling units to be demolished or converted to
nonresidential use and the number of bedrooms existing within each of these units;
(2) A demonstration of compliance with tenant or occupant notice and relocation provisions of
applicable state and federal law; and
(3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section.
E. Housing replacement requirement. In addition to any other requirements for approval under these
Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of
each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a
replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a
replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways:
(1) Construction of a new dwelling unit in accordance with sub-section F of this Section;
(2) The conversion of a non-residential building to residential use in accordance with sub-section F of
this Section; or,
(3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust
Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse
in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the
premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the
premises.
F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling
units built pursuant to this Section must meet the following requirements:
(1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling
unit being replaced;
(2) Each replacement dwelling unit must be located within the City of South Burlington;
(3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18)
months of the date on which the zoning permit referenced in Sub-section D above is approved;
(4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a
leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective
occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty
(20) years from the date of first occupancy.
(5) Each non-rental replacement dwelling unit(s) must be offered for sale either:
(a) At or below the fair market value of the dwelling unit that was removed, demolished, or
converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the
applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was
removed, demolished, or converted to nonresidential use or to nonuse; or
(b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to
prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such
unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period
to an owner/occupant who qualifies by income.
ARTICLE 18 AFFORDABLE HOUSING STANDARDS
LDR-19-13 | 18
(6) Income eligibility for replacement units described in this subsection shall be determined based on
income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing
and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA),
or on program-based income eligibility requirements established by a partnering housing organization.
The income eligibility shall be determined using the most recent income guidelines available at the time a
unit is available for occupancy.
G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement
dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post
a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in
the amount equivalent to the amount the applicant would have been required to contribute to the City of
South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3),
above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount
due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit
satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit.
H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-
profit organization approved by the City of South Burlington following demonstration of its qualifications shall
be responsible for the on-going administration of this section as well as for the promulgation of such rules and
regulations as may be necessary to implement this section. The Housing Authority or non-profit organization
will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental
and sales procedures.
I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article
17 shall commence and the requirements of this Section shall apply in addition to any other remedies available
to the City by law.
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NOTE - The following includes Inclusionary Zoning amendments to other LDR Articles:
Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW
15.02 Authority and Required Review
A. Authority
(6) The modification of the maximum residential density for a zoning district shall be permitted only
as provided in the applicable district regulations and/or for the provision of affordable housing
pursuant to Section 18.01 and 18.02 13.14 of these Regulations.
Article 17 ADMINISTRATION and ENFORCEMENT
17.03 Certificates of Occupancy
A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or
occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly
altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the
Administrative Officer.
B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single-
family or two-family dwellings, except as specifically listed below:
(1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain
Overlay (Zones A, AE, and A1-30) Subdistrict.
(2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the
applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and Locations). Buildings
containing the last 10% of market rate units shall not receive certificates of occupancy until certificates of
occupancy are issued for all buildings containing inclusionary units, including when the inclusionary units
are provided off-site as provided for in Subsection (E)(1)(b) (Off-Site Construction)City Center FBC District.
(3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section
18.03(C)(1) of these Regulations.
(4) Certificates of Occupancy are required for replacement dwelling units built in accordance with
Section 18.03 of these Regulations.
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: LDR-19-14 Cultural Facilities, Indoor Theater, Artist Production Studio
DATE: September 24, 2019 Planning Commission meeting
Staff from time to time checks in on the Table of Uses to look for opportunities to tidy up the Regulations for
items that do not significantly affect the overall intent of the Regulations and bring greater consistency with
the Comprehensive Plan.
A recent review indicated that a handful of uses that supports the arts, generally, are not permitted along
some or all of the Commercial 1 Districts (C1-R15, C1-R12, and C1-Auto) along Shelburne Road and portions
of Williston Road. This struck staff as peculiar as these districts allow a wide range of commercial and
residential uses, each of which would have impacts that are the same or greater, and would not allow for
these activities, which can provide value-added experiences for our residents and visitors, along our most
travelled corridors.
With Jessica’s concurrence, staff is recommending the following minor adjustments be included in the
current round of amendments:
• Allow Cultural Facilities in the C1-R12, C1-R15, and C1-AUTO Districts
• Allow Community Center in the C1-R12, C1-R15, and C1-AUTO Districts
• Allow Artist Production Studio in the C1-AUTO District (already permitted in the other two)
• Allow Indoor Theater in the C1-AUTO District (already permitted in the other two)
APPENDIX C USES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDResidential UsesSingle‐family dwelling PUD P P PTwo‐family dwelling PUD P PMulti‐family dwelling PUD PUD PUD PUD PUD PUD PUDAccessory residential unitsGroup home or Residential Care Home PUD P P PAgricultural UsesPublic & Quasi‐Public UsesCemeteriesCommunity centerPPPP P PUD PCongregate care, assisted living, or continuum of care facilityCC CC CCultural facilityPPPEducational facility PUD PUD C C CEducational support facilities PUD(5) PUD(5)Food Hub P(7) P(6) P(6) P(6) P(6) P(6) P(6) P(7) P(7) P(7)Funeral homes, mortuaries, and crematoriums C C C C C C C C C CHospice P P P P P PMunicipal facility P P P C CParksPersonal instruction facility P P P P P P P P P P PPlace of worship P P P P P P P P P‐ACCRecreation pathsSkilled nursing facility C C C C C CSocial services C C C C C C CCommercial & Industrial UsesAdult useConditional in all districtsAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialExempt from local regulation in all districtsPlease see Section 3.10 for regulationsPermitted in all districtsPermitted in all districtsSouth Burlington Land Development Regulations
APPENDIX C USES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialAgriculture & construction equipment sales, service & rentalPPAirport UsesPPAnimal shelter C C PArtist production studio P PPPP PAuto & motorcycle sales P P PAuto & motorcycle service & repair P P PAuto rental, with private accessory car wash & fuelingPPPPPBed & breakfastCCCannabis dispensary (dispensing only) P P P P P P P‐TOCannabis dispensary (cultivation only) P PCar washPChild care facility, licensed non‐residential P P P P P P P P P PCommercial greenhousePUD P PCommercial kennel, veterinary hospital and pet day careCC P PPPCommercial or public parking facility C C C C C C C C CContractor or building trade facilityPPP PDistribution and related storage, with >15% of GFA in office or other principal permitted use by same tenantCPPPDrive‐through bank PUD PUD PUD PUD PUDEquipment service, repair & rentalPPFamily child care home, registered or licensed P P P PFinancial institution P P P P P ACC P PFlight instruction P P PHotel PUD PUD PUD C C C CHotel, extended stay PUD PUD C C C CIndoor theater P PPSee Article 8South Burlington Land Development Regulations
APPENDIX C USES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialIndoor vehicle storage, maximum 10,000 square feetP‐ACCJunk yardLight manufacturing PUD PUD P P P PLumber and contractor’s yardPP PManufacturing & assembly from previously prepared materials & componentsPPPPP PUDPP PPMobile home, RV and boat sales, repair & service P PMotor freight terminalCPOffice, general P P P P P P P PUD P P POffice, medical P P P P P P P PUD‐TO P P‐TOPersonal or business service P P P P P(7) P P P (7) P PPet grooming P P P P P P P P PPhotocopy & printing shops, with accessory retail P P P P P P P P‐ACC P PPrinting & binding production facilities C P P P PPrivate providers of public services, including vehicle storage and maintenancePP P PProcessing and storage P P P P P PRadio & television studio P P P C P P P PRecreation facility, indoor P P P P P P P P‐ACC P PRecreation facility, outdoor C C C C C C C C CResearch facility or laboratory P P P P P P P P P P PRestaurant, short order P P P P P P‐ACC P‐ACC P‐ACC P P‐ACC P‐ACCRestaurant, standard P P P P P P P P P‐ACCRetail sales P (8) P P P(8) P (7) P (7) P (7) P (7) P (9) P (8) P‐ACCRetail warehouse outletPPSale, rental & repair of aircraft & related partsPPSeasonal Mobile Food Unit P P P P P P P P PSouth Burlington Land Development Regulations
APPENDIX C USES and DIMENSIONAL STANDARDSCity Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialSelf‐storageP ACC, P‐Non‐TOService stationCCShopping center C CTaverns, night clubs & private clubs P P P P P P P PTransportation servicesPPWarehousing & distribution C C P PWholesale establishments C C P P PKey and Notes to the Table above:P = PermittedC = Conditional UseNon‐TO = Allowable only outside of the Transit Overlay District(1) "N" refers to the Institutional‐Agricultural North sub‐district.(2) R7 and SEQ‐VC as classified as non‐residential zoning districts, but are included in this table for purposes of efficiency(3) No minimum lot size for bed & breakfast in the SEQ‐VC district(5) Educational support facilities in C1 are subject to the dimensional standards of the IA‐North District. See Article 7.(12) Allowable only as a municipally‐operated facility.(11) Use is allowed only as an Educational Support Facility. See Section 7.01(E)(7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(10) Use is restricted to not‐for‐profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation(4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existing as of July 1, 2013, may be expanded, enlarged or extended by an area that does not exceed 20% of its Gross Floor Area.PUD = Allowable within a Planned Unit DevelopmentACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay DistrictSouth Burlington Land Development Regulations
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
10 September 2019
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 10 September
2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street.
MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag
ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; R. Gonda, C.
Forde, T. McKenzie, K. Braverman, R. Bryant
1. Directions on emergency evacuation procedures from conference room:
Ms. Louisos provided directions on emergency evacuation procedures.
2. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
3. Open to the public for items not related to the Agenda:
Mr. Gonda raised the issue of his property which technically has 3 front yards and, according to
the city, no back yard. He needs a back yard as the homeowners association says he has to
store his camper in the “back yard.” He is now having to pay for the storage of the camper. He
believes here is only one other property in the city with this issue, and he feels there should be
a change to the LDRs to accommodate this situation.
Members agreed to add this to the list of requests they will consider for possible next steps at
an October Commission meeting.
4. Planning Commissioner announcements and staff report:
There were no Commissioner announcements.
Mr. Conner provided a written report. He added that the City Council will be holding a public
hearing on the amendments proposed by the Commission. He noted there has been a lot of
questioning about the parking amendment.
5. Presentation and discussion of findings to date and next steps on City Center Parking
and Movement Plan Project:
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
10 September 2019
2
Mr. Bryant showed an overhead photo of what exists with each building having to provide its
own parking. He then showed another slide of a different option with people walking from one
store to another. He noted that almost all parking is privately owned, but in the future, the city
will own more parking and will have to manage it (i.e., Market Street, Garden street, possible
structured parking). Mr. Bryant also indicated areas where there are already problems.
As part of the project, an inventory of almost all private parking was conducted (about 69,000
parking spaces). About 69% of those spaces were open at midday on a weekday. The result
was about the same on Saturday. Even at Christmas time, 63% of the spaces were empty, and
the parking deck at the Mall was empty.
Mr. Bryant noted that the benefits of having fewer cars include improved health and reduced
noise. Strategies to achieve this include a transportation network for all modes, mixed use -
shared parking development, and effective communications/management to help people get
around. He also noted that streets can be designed for pedestrians with on -street parking,
street trees, signage, banners, art, street furniture, and crosswalks. Bike racks, public transit
schedule information and bus shelters can also help to reduce car traffic.
Mr. Bryant then addressed the reasons for paid parking including the funding of construction
and maintenance, and allowing for monitoring and reporting. Shared parking has the
advantage addressing parking demand for various uses at various times of day.
Mr. Riehle cited the danger of children biking to UMall, Williston Road, etc. He stressed the
need to plan something safe for kids and the elderly, not just “a picture on the road.”
Mr. McKenzie said they have properties that are underparked, but the p roblem occurs when
people from other buildings are parking in your lot and your tenants are complaining that their
customers can’t find parking. Building owners might resort to “gated” parking. Mr. McKenzie
added that in many cases, the number of parking spaces provided is part of the lease
agreement with a tenant.
6. Update of Chair’s Natural Resources Work Group; consideration of possible
assessment of forest blocks:
Ms. Louisos reviewed the charge of the work group. Their goals have been:
a. Water quality
b. Wildlife habitat
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
10 September 2019
3
c. Agricultural sustainability
d. Aesthetics
e. Hazards (flooding, erosion, etc.)
Ms. Louisos then outlined how those goals are being examined (see attachment at end of
adopted minutes) which include water quality, wildlife habitats, hazards, agricultural
sustainability and success, aesthetics, and climate changes.
Mr. Gagnon noted they are committing resources to the study so the commitment is to use
what comes of it. The study will evaluate areas thought to be important and will include
connections, availability of water, etc.
Ms. Louisos said they would also like to assess and incorporate some of the restoration ideas
which can provide simple protection. She noted that there are some properties where habitats
encompass the whole property; on others, there is just a corridor.
Ms. Louisos asked if there should be a formal motion. Mr. Conner noted that this project could
result in another extension of Interim Zoning and having a clear statement of support for the
work could inform Council.
Mr. Mittag moved to proceed with the Arrowwood proposal subject to funding being approved.
Mr. Gagnon seconded. Motion passed 5-0.
Mr. Gonda offered the assistance of the Natural Resources Committee.
7. Consideration and possible approval of 2020 Municipal Planning Grant application for
submission to City Council:
Ms. Louisos noted the decision has been made not to apply for a grant this year because staff is
already overburdened.
8. Committee Liaison Reports:
Affordable Housing: Ms. Ostby said they will be providing information to answer questions
from the last meeting’s presentation. They are getting help on this from Champlain Housing.
Open Space: Mr. Gagnon said they were working on evaluation criteria and evaluated
properties. The question then arose as to “weighting” of evaluation criteria, and they have
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
10 September 2019
4
taken a stab at that. There is a wide range of opinions. They are using Biofinder and other sites
to help with this effort. Their next meeting is on 25 September.
Mr. Riehle noted a recent article has indicated that the best way to fight global warming is to
plant trees. Ms. Ostby added that in other countries trees are being planted in cemeteries for
this purpose.
TDR Committee: Mr. Mittag said they have talked with developers regarding possibly using
TDRs outside the SEQ. Responses have indicated the possibility on Shelburne Road, use of
commercial projects, and in areas of redevelopment.
9. Meeting Minutes of 27 August 2019
Mr. Riehle moved to approve the Minutes of 27 August as written. Ms. Ostby seconded.
Motion passed 5-0.
10. Other Business:
No other issues were raised.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:00 p.m.