special meeting of the burlington planning commission with ... · 11/12/2019 · scott mapes fire...
TRANSCRIPT
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin,
place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or
genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility
information or alternative formats, please contact Human Resources Department at (802) 540-2505. Written comments on items may be directed to the
Planning Commission at 149 Church Street, Burlington, VT 05401, or at [email protected]
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
Telephone: (802) 865-7188
(802) 865-7195 (FAX)
(802) 865-7144 (TTY)
www.burlingtonvt.gov/pz
Andy Montroll, Chair
Bruce Baker, Vice-Chair
Yves Bradley
Alexander Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
Special Meeting of the
Burlington Planning Commission
with the City Council Ordinance Committee
Tuesday, November 12, 2019, 6:30 P.M.
Lorraine B. Good Room, Burlington City Arts, 135 Church Street, Burlington
AGENDA I. Agenda
II. Public Forum- Time Certain 6:30 p.m.
III. Proposed CDO Amendment: ZA-20-04 Minimum Parking The Committee will continue a discussion of a proposed amendment related to the minimum requirements for
new parking in selected areas of the city. This amendment comes as a result of the Mayor’s Housing Summit
and subsequent policy reform recommendations.
Staff Recommendation: Discuss proposed amendment and provide direction to staff to inform the
preparation of draft ordinance language.
IV. Commissioner Items a. Dates for additional Joint Committee meetings
V. Communications a. Minutes from the Planning Commission’s September 24, 2019 meeting, and Joint Committee meetings on
October 15, 22, and 30 are enclosed begining on page 2.
b. Communications are enclosed in the agenda packet beginning on page 15.
VI. Adjourn
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
Telephone: (802) 865-7188
(802) 865-7195 (FAX)
(802) 865-7144 (TTY)
www.burlingtonvt.gov/pz
Andy Montroll, Chair
Bruce Baker, Vice-Chair
Yves Bradley
Alexander Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
Burlington Planning Commission Tuesday, September 24, 2019, 6:30 P.M.
Conference Room 12, City Hall, 149 Church Street
Draft Minutes
Members Present B Baker, H Roen, A Montroll, A Friend, E Lee
Members Absent Y Bradley, J Wallace-Brodeur
Staff Present D White, M Tuttle, S Durmick
I. Agenda
Call to Order Time: 6:36
Agenda No changes to the agenda
II. Public Forum
Name Comment Commission Action
No Comments
III. Report of the Chair
A Montroll None
IV. Report of the Director
D White The City Council held first reading for the Zoning Administrative Officer
ordinance, and the Council Ordinance Committee is expected to finish discussion
of the Inclusionary Zoning amendments on 9/30
M Tuttle announced that on 9/26 there will be a community book discussion on
The Color of Law
D White announced that Friday is the annual meeting of the Vermont Planners
Association, for which M Tuttle will be elected president
V. 2020 Meeting Schedule
Action: Approve the 2020 meeting schedule as presented
Motion by: E Lee Second by: A Friend Vote: Approved unanimously
Type: Action Presented by: M Tuttle
Discussion/Notes:
M Tuttle noted that the schedule was created to avoid BSD breaks and other known conflicts
VI. Municipal Planning Grant Application
Action: Approve the resolution supporting the city’s application to the MPG program
Motion by: E Lee Second by: H Roen Vote: Approved unanimously
Type: Action Presented by: M Tuttle
Discussion/Notes: (see next page)
Burlington Planning Commission Minutes p. 2
Tuesday, September 24, 2019
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
M Tuttle described that Planning and CEDO have been working together on a proposal for an
economic development strategy for the City, and are applying to Vermont’s Department of
Housing & Community Development’s Municipal Planning Grant Program to seek funding to
support said strategy (including an update to the Jobs & People Report). The application
requires a resolution of support from the Planning Commission. The city is applying for $22,000,
with the 10% match requirement in the department’s FY20 budget.
M Tuttle noted that the economic development strategy will come before the Planning
Commission when it is being developed, and ultimately will want to incorporate it into planBTV.
VII. Housing Summit Policy Reforms
Action: No Action Required
Motion by: NA Second by: NA Vote: NA
Type: Discussion Presented by: M Tuttle
Discussion/Notes:
M Tuttle noted the purpose of this item was to follow up on three of the policy reforms which
emerged from the 2019 Mayor’s Housing Summit (Short Term Rentals (STRs), Accessory
Dwelling Units (ADUs), and Minimum Parking Requirements) which have zoning implications. It
is anticipated that the Commission will discuss these amendments with the Council Ordinance
Committee in a series of joint meetings in October.
Commissioner Comments:
Commissioners spoke about the economic benefits of STRs in terms of potential sources of
revenue for property owners, tax revenue for the city and state, for tourism access, and to more
fully utilize existing housing stock (i.e. while students are on breaks), but also noted the
challenge of ensuring that STRs benefit residents within the context of of chronically low-
vacancy rates and high rental rates. Commissioners noted there is a high demand & occupancy
rate for STRs, but there must be a balance between STRs & long-term rental units.
Acknowledgement that a legal realm will need to be created which will encourage STR
permitting and compliance, and that enforcement will be the largest factor in regulation.
Because rental platforms themselves are not responsible for host compliance, tools such as
HostCompliance and AirDNA will be used for data collection and to aid enforcement.
Questions were raised about the transition to these regulations– what will be the process for
illegal rentals to become compliant?
Distinctions were made between the proposed parking requirements of ADUs and STRs within
the policy reforms, and Councilor Bushor was concerned about ADU property owners not
permitting their ADUs as STRs, and therefore not complying with parking requirement of STRs.
Regarding parking reform, a Commissioner reiterated that there is a need to look at how and
where the ordinance permits shared parking resources.
VIII. Committee Reports
Executive No Report
Ordinance No Report
Long Range H Roen – Proposed that the Long Range Committee discuss the recently announced
Net Zero Road Map in upcoming meetings. M Tuttle commented that the City
Council recently passed additional climate resolutions, which will require the
Planning Commission to address how its work is related to these goals in its annual
report. Will be a topic for future meeting.
Burlington Planning Commission Minutes p. 3
Tuesday, September 24, 2019
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
IX. Commissioner Items
Next Meeting Next meeting is on Tuesday, October 8th at 6:30 pm in Conference Room 12
H Roen – raised question about the vegetation management on Pine St. D
White commented that it is private land and is being worked on under the
watchful eye of the Department of Environmental Conservation
E Lee noted that St. Paul St. is being widened and added that she would like
an equal weight of consideration for the pedestrian experience. B Baker
raised concerns about lack of tracking the elimination of on-street parking
due to these projects. A Montroll proposed that when Great Streets is
complete, it be brought back to the Planning Commission for discussion. M
Tuttle noted DPW will be invited to a future meeting.
X. Minutes and Communications
Action: Approve minutes and accepted the communications
Motion by: A Friend Second by: E Lee Vote: Approved unanimously
Minutes Filed: August 27, 2019
XI. Adjourn
Adjournment Time: 7:40 pm
Motion: E Lee Second: H Roen Vote: Approved unanimously
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
Telephone: (802) 865-7188
(802) 865-7195 (FAX)
(802) 865-7144 (TTY)
www.burlingtonvt.gov/pz
Andy Montroll, Chair
Bruce Baker, Vice-Chair
Yves Bradley
Alexander Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
Burlington Joint Planning Commission Tuesday, October 15, 2019, 6:00 P.M.
Fletcher Room, Fletcher Free Library, 235 College Street, Burlingon
Draft Minutes
Members Present Planning Commission: A Montroll, H Roen, Y Bradley & J Wallace-Brodeur,
City Councilors: S Bushor, C Mason & A Roof
Members Absent A Friend, E Lee, B Baker
Staff Present D White, M Tuttle, I Jakus, B Ward, K Sturtevant, S Durmick
I. Agenda
Call to Order Time: 6:15 pm
Agenda No changes to the agenda
II. Public Forum
Name Comment Commission Action
Scott Mapes Fire safety code, which required sprinkler systems to be
added to his Accessory Dwelling Unit (ADU), will add
$25,000 to the cost of construction.
Amy Magyar Excited about the policy changes- was denied zoning
permit for an ADU due to a stacked 4-car driveway. Look
further into fire safety code requirements for ADUs
(specifically the requirement for sprinkler systems). A lot of
this information wasn’t available until was in the process.
III. Proposed CDO Amendment: ZA-20-03 Accessory Dwelling Units (ADUs)
Action: No action- discussion only
Motion by: NA Second by: NA Vote: NA
Type: Action Presented by: M Tuttle & I Jakus
Discussion/Notes:
M Tuttle stated that the purpose of the joint meetings are to discuss the Housing Summit policy
reforms which have zoning implications (ADU, minimum requirements for new parking, and a
regulatory framework for short term rentals). End goal is for there to be a zoning amendment
that the Planning Commission will warn for and hold a public hearing on, before forwarding to
the full City Council. Issues arising related to other ordinances (like building codes) are not
technically in the Planning Commission’s purview, but they can invite other city staff or make
suggestions on related ordinances that help support the zoning changes.
I Jakus reviewed information on ADUs and introduced Eli Spevak, who has worked for AARP and
on ADUs around the country, and is on the Portland, OR Planning Commission.
Basic outline is from the City’s ADU White Paper from 2018, with some adjustments based on
feedback from the Housing Summit to increase the size of ADUs and to take into account lot
coverage as a barrier. The City is proposing to: allow ADUs in any zone given that it is a single
Burlington Planning Commission Minutes p. 2
Tuesday, October 15, 2019
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
family home (not just RL zones), streamline the permitting process by taking out the conditional
use requirement, removing the parking requirement, allow an alternative maximum size, and
address lot coverage if stormwater impacts are mitigated.
Commissioner/Councilor Comments:
It was clarified that the proposal is to allow an ADU on any single-family home, include non-
conforming homes.
There were questions about the proposal to eliminate the parking requirement, and suggestions
to consider an alternative approach, such as allowing stacked parking for ADUs. Some
Committee members expressed concern about conflicts due to lack of on-street parking in
some areas, while others noted that the priority should be solving a housing crisis, and that
requiring a parking space upfront is overkill. M Tuttle shared an example of an Old North End
property seeking to build an ADU that would have to make significant modifications to
accommodate parking if it is required, versus using an existing driveway if it is not. E Spevak
noted that in many cases an ADU couldn’t be created if parking is required—it’s a choice
between a home and a space for a car. It was further noted that not requiring a space does not
mean an owner wouldn’t provide one.
There were some questions about the maximum size of an ADU, particularly for detached in
newly constructed structures. Committee felt that repurposing an existing structure (such as a
garage) would not have an impact. The Committee asked whether there should be different
requirements for the size of a newly constructed ADU. E Spevak noted that Portland used to do
this, and switched because people would circumvent by building a garage and then converting
it. M Tuttle noted that the current calculation for ADU’s size is complicated, and savvy
owners/designers have built ADU’s that are nearly the size of the primary home, so changing the
max size does not necessarily prevent this, but allows very small homes to the opportunity for a
more livable ADU size.
Several Committee members asked questions about the affordability of creating an ADU,
specifically the building/fire code concerns raised. B Ward noted some situations he was aware
of where the units were too far away from the street for a fire truck to access, and that the
biggest concern was making sure this information is upfront. M Tuttle noted other changes to
address cost- such as permitting process, cost to create more parking spaces, and technical
assistance Homeshare Vermont, AARP, and others are offering.
There were questions about whether the lot coverage waiver was in conflict with the city’s
stormwater goals, and if there was an alternative scenario such as utilizing a bonus like
inclusionary and senior housing. M Tuttle noted that this is highly site-specific, which is why a
dedicated percentage or a clearly defined list of improvements are hard to include in the
ordinance. There was hesitation about allowing this for new construction, particularly when the
city has a firm stance on non-conformities.
IV. Reapprove Municipal Bylaw Amendment Report ZA-19-06 Article 7 Signs
Action: Reapprove the Municipal Bylaw Amendment Report
Motion by: Y Bradley Second by: H Roen Vote: pass unanimously
Type: Action Presented by: D White
Discussion/Notes:
The Council Ordinance Committee approved the Sign Ordinance with some minor
modifications.
Burlington Planning Commission Minutes p. 3
Tuesday, October 15, 2019
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
V. Reapprove Municipal Bylaw Amendment Report ZA-a9-10 Inclusionary Zoning
Action: Reapprove the Municipal Bylaw Amendment Report
Motion by: J Wallace-Brodeur Second by: H Roen Vote: pass unanimously
Type: Action Presented by: M Tuttle
Discussion/Notes:
Council Ordinance Committee accepted a number of the recommendations from the Planning
Commission. Most specifically, they accepted the framework for requiring off-campus
institutional student housing projects to participate in the Inclusionary process. The Committee
did not make changes to the provision for parity between the IZ and market rate unit sizes, and
did not include a method for averaging the AMI to calculate rents.
VI. Commissioner Items
Action: N/A
Motion by: E Lee Second by: H Roen Vote: passed unanimously
Type: Action Presented by: NA
Discussion/Notes:
Next meeting is Tuesday, October 22nd at 6:30 in the Miller Center
Congratulate M Tuttle for being named President of the Vermont Planning Association
VII. Communications
Action: No Action Required
Motion by: Y Bradley Second by: H Roen Vote: unanimous
Type: Discussion Presented by: NA
Communications Filed:
A memo transmitted to Mayor Weinberger regarding the 2019 Department Head Report
A notice transmitted to the Burlington City Council regarding the examination and public
hearing of the Shelburne Street Rotary Redesign Project
A memo transmitted to Chittenden County Planning Commission Chairs and related head
figures regarding proposed land development regulation amendments in South Burlington
VIII. Adjourn
Adjournment Time: 7:43 pm
Motion: J Wallace-Brodeur Second: H Roen Vote: pass unanimously
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national
origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim
status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For
accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
Telephone: (802) 865-7188
(802) 865-7195 (FAX)
(802) 865-7144 (TTY)
www.burlingtonvt.gov/pz
Andy Montroll, Chair
Bruce Baker, Vice-Chair
Yves Bradley
Alexander Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
Burlington Joint Planning Commission Tuesday, October 22, 2019, 6:30 P.M.
Miller Center, 130 Gosse Court, Burlington, VT
Draft Minutes
Members Present Planning Commission: A Montroll, H Roen, B Baker, J Wallace-Brodeur, E Lee
City Councilors: S Bushor, C Mason, A Roof
Members Absent A Friend, Y Bradley
Staff Present M Tuttle, D White, S Durmick, I Jakus, S Gustin, K Sturtevant
I. Agenda
Call to Order Time: 6:33
Agenda No changes to the agenda
II. Public Forum
Name Comment Commission Action
Amy Magyar Suggested that ADU size restrictions be dependent upon
whether the structure is new or existing, and that tiny houses
be considered within ADU policy changes.
Ericka Redic Reminded the Commissioners & Councilors that any
additional costs to property owners will be passed on to
tenants (i.e. tax increases, fees, and new regulations).
III. Proposed CDO Amendment: ZA-20-03 Accessory Dwelling Units
Action: N/A- discussion only.
Motion by: NA Second by: NA Vote: NA
Type: Discussion Presented by: M Tuttle
Discussion/Notes:
M Tuttle shared a presentation with information and recommendations responding to the
questions from the last Joint Commission meeting. Topics included: affordability of creating an
accessory dwelling unit (ADU), building and fire code requirements, maximum size limits,
parking requirements, and proposed lot coverage waiver. (Presentation is available on the
website.)
Commissioner/Councilor Comments:
S Bushor asked if there is a way to reduce the cost of a sprinkler system in an ADU. Based on
staff from the Fire Department and Building Code agency that we use national/Vermont fire
codes applied in Burlington. Any changes to this would be the purview of the Council Ordinance
Committee. Cost depends to comply depends upon the size and layout of the unit itself; some
Burlington Planning Commission Minutes p. 2
Tuesday, October 22, 2019
options like tank-supplied sprinkler systems are more affordable than having to connect to the
main water line, but also take up more space within an ADU.
B Baker asked if a 2nd means of egress could replace the need for a sprinkler system. D White
responded that if the front door accessing the unit is more than 50 feet from the curb (or a fire
rated access drive), it needs to have a sprinkler system.
E Lee noted that it would be helpful to have resources to navigate these codes (e.g. a code
analysis), since it can be cost prohibitive to hire professionals to comply with these
requirements. M Tuttle responded that this can be part of an FAQ and technical guide.
A Roof commented that he would like to see carveouts in the zoning policy language for
additional allowable ADU size to allow for a water tank in order to encourage affordability.
A Montroll suggested that the Commission revisit the issue of size limits for accessory
residential structures at a later date due to concerns about allowable height.
M Tuttle explained how the proposed changes to the maximum size limits of ADUs (either 30%
of the size of the home or 800 sq. ft.) will allow medium and smaller sized homes the access to
build an ADU. S Bushor expressed concern that ADUs would be too large compared with their
primary housing (e.g. 900 sq. ft. house and 800 sq. ft. ADU), and E Lee pointed out that
accessibility needs would be difficult to accommodate even within 800 sq. ft.
C Mason observed that 2-story ADUs would open up more possibilities due to ease of
compliance with lot coverage and setbacks. E Lee pointed out that residents would probably be
less offended by a 2-story structure where half is underground. M Tuttle noted that this would
not be prohibited today or under the proposal.
J Wallace Brodeur echoed what E Lee had said in regards to supporting an aging community
through attentiveness to adequate size and accessibility of units.
S Bushor was concerned that the parking requirement differentiation between ADUs and short
term rentals (STRs) would not allow property owners an option to convert the use of their units.
M Tuttle responded that the parking proposals for ADUs and STRs were developed to be
complimentary to one another with the intention that there would be a higher bar to meet for
an STR.
J Wallace-Brodeur expressed that residents should be allowed to use the driveways they have
through the Commission allowing more flexible through stacked parking. M Tuttle & D White
responded that proposing to allow stacked parking without the need for an attendant, and to
do this in addition to not requiring a space to be built on-site.
IV. Proposed CDO Amendment: ZA-20-04 Minimum Parking
Action: Topic deferred due to time
Motion by: NA Second by: NA Vote: NA
Type: NA Presented by: NA
V. Commissioner Items
Action: N/A
Motion by: NA Second by: NA Vote: NA
Type: Action Presented by: NA
Discussion/Notes:
Next meeting is on Wednesday, October 30th at 6:30 pm in Contois Auditorium of City Hall
Staff will send out a poll for additional meeting dates of the Joint Committee.
Burlington Planning Commission Minutes p. 3
Tuesday, October 22, 2019
VI. Communications
Action: N/A
Motion by: Second by: Vote: N/A
Type: Presented by: NA
VII. Adjourn
Adjournment Time: 8:15
Motion: J Wallace-Brodeur Second: E Lee Vote: Approved unanimously
The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color,
national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status,
crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment
opportunities. For accessibility information or alternative formats, please contact Human Resources Department at (802) 540-2505.
Burlington Planning Commission
149 Church Street
Burlington, VT 05401
Telephone: (802) 865-7188
(802) 865-7195 (FAX)
(802) 865-7144 (TTY)
www.burlingtonvt.gov/pz
Andy Montroll, Chair
Bruce Baker, Vice-Chair
Yves Bradley
Alexander Friend
Emily Lee
Harris Roen
Jennifer Wallace-Brodeur
Burlington Joint Planning Commission Wednesday, October 30, 2019, 6:30 P.M.
City Hall, 149 Church Street, Burlington, VT
Draft Minutes
Members Present Planning Commission: H Roen, E Lee, Y Bradley, B Baker, J Wallace Brodeur
City Council: A Roof, C Mason, S Bushor
Members Absent A Montroll, A Friend
Staff Present M Tuttle, D White, S Durmick, I Jakus
I. Agenda
Call to Order Time: 6:30
Agenda No changes to the agenda
II. Public Forum
Name Comment Commission Action
Steven Marshall Declared Burlington’s need for more affordable housing and
encouraged eliminating single-family zoning
Tammie Brownell Affirmed that she has everything she needs to create an
Accessory Dwelling Unit (ADU) except for meeting the
parking requirement, and therefore hopes that said
requirement will be changed.
Jack Hanson Advocated for the prospect of eliminating parking
minimums, revising parking maximums, and simultaneously
incentivizing alternative modes of transportation.
Richard Watts Expressed the benefits of Transportation Demand
Management (TDM) programs at UVM, and would like to
see aspects of this program expanded to the City.
Joan Shannon Proposed that the Commission consider the potential of a
bowling alley addition to the South End Enterprise Zone.
Encouraged the elimination of the stacked and tandem
parking restrictions for ADUs.
Amy Magyar Encouraged the elimination of stacked parking restrictions
for ADUs. Suggested that different parking requirements be
considered for ADUs being used as Short Term Rentals
(STRs).
Kirby Dunn Expressed the need for ADUs to be thought of as owner
occupied housing, and for the removal of any double
standards which make it more difficult to construct an ADU
than a single-family home. She would like to see the ADU
Burlington Planning Commission Minutes p. 2
Wednesday, October 30, 2019
process simplified, and if not possible in all neighborhoods,
to start in Wards 4 & 7.
Jason Van
Driesche
Recommended a book for the Committee to read: Thank
you for being Late: An Optimist’s Guide to Living in the Age
of Accelerations by Thomas Friedman and encouraged
maximum flexibility for all of these ordinances.
Adam Frowine Encouraged the City to address the lack of affordable
housing in creative ways amongst the community, and
believes ADUs are a step in the right direction. Pointed out
that those who have the most to gain don’t have the
opportunity to be at the meeting.
Laura Jacoby Dismayed to see that there was no discussion to put the
money saved from not building parking into a fee that funds
alternative modes of transportation.
Madeline Advocated for any policies that advance sustainable, active,
and effective mass public transit to reduce the region’s
carbon footprint.
Tyler Maas Shared an update on legislation that passed in California in
2017 to make it easier to develop ADUs: Los Angeles went
from developing 250 annually to 4,000 ADU permits drawn
in 2018. Now people are asking for laws to become even
more accommodating.
Patrick Murphy Encouraged the Committee to consider costs for residential
parking permits, replace current parking minimums with
maximums, require developers to provide TDM initiatives,
and all other reforms which potentially encourage
alternative modes of transportation.
Erhard Manke Encouraged the Committee to do what they can to liberalize
ADU initiatives to help with Burlington’s affordable housing
crisis. Concerned ADUs will only become a vehicle to create
STRs instead of increasing the housing stock.
III. Proposed CDO Amendment: ZA-20-03 Accessory Dwelling Units
Action: Approved municipal bylaw amendment report and warned for public hearing.
Motion by: E Lee Second by: H Roen Vote: Approved Unanimously
(vote included Planning
Commission members only)
Type: Discussion & Action Presented by: M Tuttle
Discussion/Notes:
M Tuttle shared information on the issue of lot coverage as a limitation for individuals looking
to build ADUs, particularly how it impacts neighborhoods in a significantly different way, and
discuss the proposed solution of a lot coverage waiver (presentation is available on the website).
Commissioner/Councilor Discussion:
J Wallace Brodeur was concerned about the accessibility of a stormwater waiver. Stated that if it
is not simple to understand & implement, it could pose a barrier rather than provide a workable
solution. Also asked about the practical difference between 650 & 800 sq. ft. in terms of storm
water management. M Tuttle responded that the proposal to decrease the max. size is because,
from a stormwater perspective, any sq. ft. of impervious surface is a concern.
Burlington Planning Commission Minutes p. 3
Wednesday, October 30, 2019
B Baker pointed out that an engineer might have to be hired to calculate the volume of
stormwater runoff and mitigation, adding to the cost of an ADU. Staff responded that the
Department of Public Works (DPW) Stormwater Team would help people work through these
issues on a case-by-case basis, but that in some cases an engineer may need to be hired.
S Bushor reminded the Committee that one of the first steps needs to be creating an ADU Guide
which clarifies the process to the public and explains where potential costs may lie.
J Wallace Brodeur stressed that this process will require a concerted effort in terms of multiple
city players, and that everyone involved needs to be aware of their new roles as well as the
importance of this effort. Staff assured that the DPW Stormwater Team sees this as a potential
opportunity to learn about how we manage stormwater at a residential scale, and are therefore
invested in their role in the process.
Y Bradley asked if there should be a floor on the lot size or on a lot that already has existing lot
coverage over the allowable lot coverage. M Tuttle noted that staff did not recommend this
because the number may still not address the issue for some neighborhoods, and that with
setback requirements there will be a built-in floor, but the Committee could consider if it deems
necessary.
S Bushor was concerned that parking standards seemed inconsistent if someone had an ADU
that they wanted to use intermittently back and forth as a STR. A parking space is not required
in the proposed ordinance to build an ADU meant for long term housing, but is required for
STRs. J Wallace Brodeur commented that they should eliminate as many barriers for ADU
construction as possible, and that eliminating the parking requirement is one step towards
creating a more favorable policy.
C Mason was concerned that someone could receive a lot waiver under the pretense of using
the ADU for long term housing, and then convert the unit into a STR. Staff replied that it is
possible and that there is not a precedent for tying lot coverage to a specific use, but that the
proposal for STR that may limit the potential for this, such as a STR requiring parking.
The Committee asked questions about why parking would be required for STR’s. M Tuttle
indicated that the proposal on ADU’s does not address this, and that there would be the ability
to talk about parking specific to STR’s when that ordinance is before this committee.
In reference to the Deed Restriction Provision, S Bushor commented that if a unit is transferred
from an owner-occupied unit to an investment property, code needs to be informed so they can
enforce the necessary criteria which would have to be met because of the transition of use. S
Bushor also noted the inconsistency in the ordinance regarding extra space added to a single-
family home under the 4-unrelated ordinance not applying to a discontinued ADU. Staff noted
this was a policy decision by Council when ADU laws were initially adopted.
Y Bradley expressed that in order to create affordable housing, City needs to stop creating
additional expenses (e.g. sprinkler, hiring engineer, etc.) in building that housing. B Baker added
that unpredictability is an even larger issue than cost. C Mason affirmed that the Council will
follow up on the sprinkler impediment.
IV. Proposed CDO Amendment: ZA-20-04 Minimum Parking
Action: No action
Motion by: NA Second by: NA Vote: NA
Type: Discussion Presented by: D White
Discussion/Notes:
D White shared a presentation to address the issue of eliminating the minimum parking
requirements in Burlington (presentation is available on the website).
Commissioner/Councilor Comments:
Burlington Planning Commission Minutes p. 4
Wednesday, October 30, 2019
A Roof & J Wallace Brodeur stated that they would like to know more about the Impact Traffic
Fee: who pays them, how it is assessed, what the money goes towards, etc. D White replied that
the next meeting will include an informational session on Impact Fees.
S Bushor mentioned that she would like to see the implications of the existing Impact Fee to
determine how it should be changed in order to make a difference in creating public
infrastructure. D White explained that this ordinance amendment will not specifically deal with
the Impact Fees because it is part of a larger study.
V. Commissioner Items
Action: N/A
Motion by: H Roen Second by: E Lee Vote: NA
Type: Action Presented by: NA
Discussion/Notes:
E Lee proposed to add the bowling alley amendment - as introduced by Joan Shannon during
Public Forum - as an item for the next meeting. D White agreed that the Commission should
have a larger conversation about the issue, and the Commission agreed that staff will reach out
to Joan to learn about the timeline for this issue.
The next Joint Committee meeting is on Tuesday, November 12th
VI. Communications
Action: No action
Motion by: N/A Second by: N/A Vote: NA
Type: Discussion Presented by: NA
Communications Filed:
A memo transmitted to the Ordinance Committee in regards to short term housing proposal
Feedback
A memo transmitted to the Joint Committee members in regards to eliminating the parking
minimums
Notice regarding South Burlington’s proposed land development regulation amendments
VII. Adjourn
Adjournment Time: 8:35
Motion: H Roen Second: E Lee Vote: Approved Unanimously