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Ordinance Committee

Regular Meeting

Burlington, VT · February 6, 2026

AgendaPacketMinutes

Minutes

Ordinance Committee Friday, February 6, 2026 Bushor Conference Room Conference Room or Remote via Zoom. Burlington, Vermont DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Barlow Staff Present: Kim Sturtevant (Assistant City Attorney) Public Present: Sharon Bushor, Evan Gould, Kirsten Shapiro, Michael Monte, Jeff Nick, Aaron Mathieson, Jess Neubelt, Cindy Reid, Meeting called to order at 2:00 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from January 15, 2026 Motion to postpone the adoption of the minutes from 1/15 until the meeting on 2/19 pending corrections. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum Sharon Bushor: I am here to talk about the TDM item. I want to address the issues facing people living in affordable housing that don’t have vehicles. Bus passes are not cheap. We shouldn’t overly burden those that provide affordable housing, but we must also think of the residents that do not have vehicles. 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Michael Monte (Champlain Housing Trust): When this issue was brought up in 2022-2023 we said that affordable housing should be exempt. We used to have 2 staff providing services to our residents and now we have 12. We provide not only housing, but transportation, education, and Page 1 of 3 health services. Asking any more from us at this point would be very difficult. We don’t have transportation demand issues with our residents and we believe we should be exempt. Cindy Reid (Cathedral Square): Our residents are effectively TDMing themselves, given that our residents in the NNE have 0.61 vehicles per household and have very limited resources generally. We cannot take any more expenses given the services we are already providing. Michael Monte: We usually start with a base of 0.75 spots per unit and then have less if the residents are close to downtown and public transportation or more if outside Burlington. Charles Dillard (Planning) gave an overview of the current TDM ordinance. Councilor Bergman suggested that the Planning staff and the affordable housing community come together to come up with a simple amendment to the ordinance. Evan Gould (DRB): I think it could be a good idea to exempt all affordable unit and not just those in places like CHT as it would incentivize building affordable units across the board. Sharon Bushor: I think having this ordinance change as a standalone change in March would be good rather than waiting for further TDM changes. Motion to have the Planning Department work with the affordable housing community to draft a simple ordinance change to exempt affordable housing from the TDM requirements with the intent to move the ordinance change through the necessary commissions and committees as quickly as is practicable. Motion by Councilor Carpenter, Seconded by Councilor Barlow. Final Resolution: Motion Passes Yes: Unanimous 5. CDO - planBTV Downtown Code Fences; ZA-26-02 Sarah Morgan (Planning) shared a presentation about this amendment. Councilor Barlow said he was sympathetic to the public safety and public health issues facing building owners downtown. Councilor Carpenter said that she dislikes chain link as it is not attractive enough for the downtown. Sarah Morgan said that having a sunset on the chain link allowance and additional height allowance would have been very difficult to enforce. Councilor Bergman said he is sympathetic to the public safety issue and the aesthetic issue, but wondered about postponing the decision to change the ordinance until March. Page 2 of 3 Jeff Nick said that a delay would incur more fees since the since he erected is not in compliance with the current ordinance. Councilor Bergman said that he hopes the enforcement staff would use their discretion on fines for the next few weeks. Motion to postpone the discussion of this amendment until the first meeting in March with the request that City staff identify the number of locations that this change could effect. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous Motion to amend the agenda to switch the order of Items 6 and 7. Motion by Councilor Bergman, without objection. 7. Private Parking Lot Terms and Rates Ordinance Public Hearing Aaron Matheson: I am the regional manager for UPP Global and I manage private parking here in Burlington. We are already adhering to some aspects of the proposed ordinance. We have signs that say public parking and that the lot is privately owned. We have other signs by the location to pay that indicate that the parking rates are dynamic. The customer can see how much the total is before paying. We also have a large sign that has the parking contract that has all the terms. Councilor Barlow said it would be nice to see what each UPP parking signs looks like. 6. Fuel Purchase Ordinance Public Hearing Bill Ward (DPI) said that some fuel station owners said they would have someone here, but none of them are here tonight. He said that the fuel stations are not the ones in charge of the credit hold and it is the consumer’s card company instead. Councilor Bergman said that the committee should look at the existing signage and draft language around how to inform consumers of how much a hold might be. 8. Any Other Committee Business 9. Adjournment Motion to adjourn. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous The meeting was adjourned at 4:30 PM. Page 3 of 3

Agenda

Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Feb 6, 2026 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/92049331439?pwd=b67AuZaccFHPaZri8kFN8IulMKyrKe.1 Passcode:092533 Phone one-tap: +13052241968,,92049331439#,,,,*092533# US +13092053325,,92049331439#,,,,*092533# US Join via audio: +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US Webinar ID: 920 4933 1439 Passcode: 092533 International numbers available: https://zoom.us/u/aWs6TsHKf 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 1/15 Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Subject 4.1. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Department Council and Board Type Recommended Action 5. CDO - planBTV Downtown Code Fences; ZA-26-02 Subject 5.1. CDO - planBTV Downtown Code Fences; ZA-26-02 Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. CDO - planBTV Downtown Code Fences; ZA-26-02 Department Council and Board Type Recommended Action 6. Fuel Purchase Ordinance Public Hearing Subject 6.1. Fuel Purchase Ordinance Public Hearing Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Fuel Purchase Ordinance Public Hearing Department Council and Board Type Recommended Action 7. Private Parking Lot Terms and Rates Ordinance Public Hearing Subject 7.1. Private Parking Lot Terms and Rates Ordinance Public Hearing Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 7. Private Parking Lot Terms and Rates Ordinance Public Hearing Department Council and Board Type Recommended Action 8. Any Other Committee Business Subject 8.1. Any Other Committee Business Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 8. Any Other Committee Business Department Council and Board Type Recommended Action 9. Adjournment Subject 9.1. Motion to adjourn Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 9. Adjournment Department Council and Board Type Recommended Action

Packet

Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Feb 6, 2026 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Join from PC, Mac, iPad, or Android: https://zoom.us/j/92049331439?pwd=b67AuZaccFHPaZri8kFN8IulMKyrKe.1 Passcode:092533 Phone one-tap: +13052241968,,92049331439#,,,,*092533# US +13092053325,,92049331439#,,,,*092533# US Join via audio: +1 305 224 1968 US +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 931 3860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 360 209 5623 US +1 386 347 5053 US +1 507 473 4847 US +1 564 217 2000 US +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US Webinar ID: 920 4933 1439 Passcode: 092533 International numbers available: https://zoom.us/u/aWs6TsHKf 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 1/15 Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 2. Adopt Draft Minutes Department Council and Board Type Page 1 of 40 Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 3. Public Forum Department Council and Board Type 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Subject 4.1. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 4. CDO - Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Department Council and Board Type Recommended Action 5. CDO - planBTV Downtown Code Fences; ZA-26-02 Subject 5.1. CDO - planBTV Downtown Code Fences; ZA-26-02 Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. CDO - planBTV Downtown Code Fences; ZA-26-02 Department Council and Board Type Recommended Action 6. Fuel Purchase Ordinance Public Hearing Subject 6.1. Fuel Purchase Ordinance Public Hearing Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Fuel Purchase Ordinance Public Hearing Department Council and Board Type Page 2 of 40 Recommended Action 7. Private Parking Lot Terms and Rates Ordinance Public Hearing Subject 7.1. Private Parking Lot Terms and Rates Ordinance Public Hearing Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 7. Private Parking Lot Terms and Rates Ordinance Public Hearing Department Council and Board Type Recommended Action 8. Any Other Committee Business Subject 8.1. Any Other Committee Business Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 8. Any Other Committee Business Department Council and Board Type Recommended Action 9. Adjournment Subject 9.1. Motion to adjourn Meeting February 6, 2026 - Ordinance Committee Meeting Agenda - Friday, February 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 9. Adjournment Department Council and Board Type Recommended Action Page 3 of 40 Ordinance Committee Thursday, January 15, 2026 Bushor Conference Room Conference Room or Remote via Zoom. Burlington, Vermont DRAFT MINUTES Members Present: Councilor Bergman (Chair), Councilor Carpenter, Councilor Barlow, Councilor Kane Staff Present: Kim Sturtevant (Assistant City Attorney), Bill Ward (Director of DPI), Public Present: Sharon Bushor, Allie Schachter, Melo Grant, William Rison, Gabby Grzan, Ethan Kieffner, Nic Anderson, Floyd Campbell, Lawrence Saveall, Ben Robke, Isabelle Kriz, Alva Yanowitz, Jackson Stoever, Marek Broderick, Alicia Estey Meeting called to order at 4:31 PM. 1. Adopt the Agenda 1.1 Adopt the Agenda Motion to Adopt Agenda. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 2. Adopt Draft Minutes 2.1 Adopt Draft Minutes from December 18th. Motion to Adopt the Draft Minutes from 12/18. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion 3.1 Dormitory Executive Session Move that the Ordinance Committee find that premature general public knowledge of legal advice regarding Agenda Item 3 would clearly place the City at a substantial disadvantage. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous Based upon that finding, move that the Ordinance Committee go into executive session to receive confidential attorney-client communications for Agenda Item 3. 1 VSA §313(a)(1)(F). Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Page 1 of 3 Page 4 of 40 Yes: Unanimous Motion to come out of Executive Session. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes 3.2 Presentation from Bill Ward (DPI) Bill Ward (Director of DPI) shared a minimum housing checklist and discussed how it is used when inspecting units in the City and how it could be used when inspecting dormitories. This document is available in the agenda packet on CivicClerk. Bill Ward recommended changing the ordinance regarding self-certification to simply state that “Self-certification shall be completed using a form provided by the Department of Permitting and Inspections.” He said that then DPI can adjust the form as needed to include more information if necessary. He added that the self-certification process would not negate the City’s ability to inspect after receiving a housing complaint. Councilor Carpenter asked how quickly a tenant should receive a response from their landlord regarding a complaint. Bill Ward said it depends on the seriousness of the issue. He said that there should be open communication within a few days, but an emergency like the heat being out must be addressed immediately. 3.3 Presentation from UVM Administration Wendy Koenig (UVM Director of Government Relations) and Alicia Estey (UVM VP for Finance and Administration) spoke on behalf of the University of Vermont. They said that UVM is already going to be updating their website to make it clear that students in dormitories can make complaints directly to the City. They also shared a letter about making changes to the information on the self-certification and about UVM’s own inspection process. This letter is available in the agenda packet on CivicClerk. 3.4 Presentation from UVM Student Union Gabby Grzan and Ethan Kieffner spoke on behalf of the UVM Student Tenant Union. They said they were happy with the progress thus far, but the fundamental issues are still present in the older dorms. They said there is overcrowding and the buildings were not designed for so many residents. They also said that UVM’s own inspections have not been effective. Councilor Barlow asked if the University’s attempts to make reporting easier and more accessible will improve the process. The students said that the available QR codes are an improvement, but that the PlanOn website itself is not intuitive and is difficult to use. 3.5 University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion Page 2 of 3 Page 5 of 40 4. Public Forum regarding University/College Minimum Housing Inspection Alva Yanowitz: I am part of the UVM Student Tenant Union and have lived in three different dorm buildings at UVM. I am worried that the issues with the reporting software will overshadow the larger infrastructure issues with UVM’s dorms. There are certain buildings that has consistent issues with pests, mold, or temperature and students should not be the ones to have to report on these every time. Floyd Campbell: I am a first year UVM student. I am hoping for a more cooperative relationship between the UVM administration and the tenants union going forward. 5. Any Other Committee Business The next Ordinance Committee meeting is scheduled for February 6th. The agenda will include Inclusionary Zoning, Total Demand Management, Fuel Purchase Notice, and Private Parking Lot ordinance discussions. 6. Adjournment Motion to adjourn. Motion by Councilor Barlow, Seconded by Councilor Carpenter Final Resolution: Motion Passes Yes: Unanimous The meeting was adjourned at 6:37 PM. Page 3 of 3 Page 6 of 40 Article 8: Parking Article Last Updated: January 25, 2023 any pair of tandem parking spaces shall not serve more than one dwelling unit . Tandem parking shall also be allowed for dedicated employee-only parking where signed as such. (c) Stacked parking shall be allowed for single-family detached dwelling units and Accessory Dwelling Units with no requirement for an attendant to be present. Normal Tandem Stacked Sec. 8.1.15 (Reserved) Sec. 8.1.16 Transportation Demand Management (a) Purpose: This section requires the implementation of a Transportation Demand Management (TDM) Program for certain projects for the purpose of advancing the goals of the City’s land use and transportation plans, and promoting public health, safety, welfare, and protection of the environment by: • Reducing parking demand; • Reducing car ownership; • Reducing vehicle miles traveled (VMT), single occupant vehicle usage and congestion; and, • Increasing transit use and non-motorized travel; (b) Applicability: (1) A Transportation Demand Management Program shall be required for all projects in any Parking District involving any one or more of the following: Comprehensive Development Ordinance p. 8-16 City of Burlington, VT Page 7 of 40 Article 8: Parking Article Last Updated: January 25, 2023 Table 8.1.16-1 Transportation Demand Management Program Required Applicable Projects Affordable Projects Small Projects Project Type • Creation of 10 or Projects involving one Creation of five more dwelling units or more “Applicable (5) to nine (9) • A non-residential or Projects” and that also dwelling units Mixed Use contain at least 75% of development with a dwelling units meeting building footprint or exceeding the of eight thousand affordability criteria of (8,000) sq.ft. or Article 9, Inclusionary more; or the & Replacement creation of fifteen Housing, or housing thousand (15,000) rented to tenants sq.ft. or more of receiving federal or gross floor area state rental assistance Applicable All provisions of Sec. Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) 3. TDM Sections 8.1.16 (c) Sec. 8.1.16 (c) 4. only b. only For projects that were issued permits with TDM requirements prior to January 31, 2023, an administrative permit amendment may be requested to align the permit with the TDM requirements set forth herein. (c) Transportation Demand Management (TDM) Program: A TDM Program shall include each of the following elements at a minimum: (1) Outreach and Education: a. Designation of a Transportation Coordinator who directly, or indirectly through membership in a Transportation Management Association, shall be responsible for each of the following: 1. Prepare and always make available to all residents and employees informational and educational materials regarding available TDM strategies and opportunities for increased use and participation; 2. Preparation and dissemination of an annual travel survey of all residents and employees; and, 3. Record-keeping and reporting to City upon request of all TDM activities offered and rates of participation (including parking utilization if applicable). (2) TDM Strategies: In addition to compliance with the on-site Bicycle Parking requirements found in Article 8, Part 2, each TDM Program must incorporate TDM strategies to minimize the amount of parking demand associated with the project. At a minimum, a TDM Program shall select no less than two (2) of the following TDM strategies, which shall be selected and filed with the Administrative Officer on an annual basis: Comprehensive Development Ordinance p. 8-17 City of Burlington, VT Page 8 of 40 Article 8: Parking Article Last Updated: January 25, 2023 a. Maintain an ongoing and active membership in a Transportation Management Association (TMA); b. Provide GMT Transit passes to all residents and employees at a minimum discount of 50%; c. Provide a free car share membership to all residents and employees; d. Provide a free bike share membership to all residents and employees; e. If not already provided through a TMA membership, provide residents and employees with a shuttle service, guaranteed ride home program, or ride to a nearby transit center. (3) Parking Management: Where on-site or off-site parking is also made available: a. Conduct parking utilization studies at least annually for a period of 7 years from receipt of a Certificate of Occupancy; b.With the exception of permanently affordable housing units, the cost of parking shall be un-bundled from all residential and non- residential leases and deeds and made available at a market rate; c. Where parking spaces are made available to off-site users, parking spaces may be made available by a renewable lease, provided the term of any lease does not exceed one (1) year; and, d.Priority parking spaces: when on-site parking is provided, the following must be located in closest proximity to a primary building entrance and/or public street frontage: 1. ADA Accessible spaces; 2. Bicycles, scooters, and motorcycles spaces; 3. Car-share: where 1 space must be offered for projects with 20 or more residential units, subject to an agreement with a car-share provider; and, 4. Carpool and/or Vanpool vehicles: where more than 20 spaces are available for non-residential uses. In such cases, 5 spaces or 5% of the parking spaces on site, whichever is less, must be reserved for carpool/vanpool use before 9:00 AM on weekdays. (4) TDM Agreement: Each TDM Plan shall include a signed commitment to and acknowledgement of each of the following on a form provided by the Administrative Officer: a. Commitment to ongoing implementation of the TDM requirements as set forth above; Comprehensive Development Ordinance p. 8-18 City of Burlington, VT Page 9 of 40 Article 8: Parking Article Last Updated: January 25, 2023 b.Acknowledgement that the project has no claim to the ongoing availability of nearby on-street public parking, and that, as is the case with other on-street public parking, the City retains the right to charge for, restrict or remove such on-street parking at any time; c. Acknowledgement that failure to maintain transportation demand management as required above is a violation of this ordinance, and understanding that, pursuant to Sec. 2.7.8 of this ordinance, no zoning permit or certificate of occupancy may be granted until any such violation has been remedied; and, d.Commitment to notify any subsequent owners and tenants in writing of their obligations under this section as part of any purchase and sale and/or lease agreements. Review and Enforcement: The Administrative Officer shall be responsible for determining compliance with the TDM Program requirements as set forth above, and ongoing implementation shall be included as a condition of any discretionary or administrative permit required for development subject to the conditions of this Section. Failure to maintain a TDM Program as required above shall be a violation of this ordinance, and pursuant to Sec. 2.7.8 of this ordinance no zoning permit or certificate of occupancy may be granted without a TDM Program in effect. Guidelines regarding compliance with these TDM requirements shall be developed and provided to applicants by the Administrative Officer. PART 2: BICYCLE PARKING Sec. 8.2.1 Intent It is the intent of this subpart to: (a) Ensure the provision of parking spaces that are designed for bicycles and to ensure that bicycle parking needs of new land uses and development are met, while ensuring bicycle parking spaces are designed and located in a consistent manner. Provide bicycle access to employment, commercial destinations, and other transportation alternatives; (b) Provide safe, convenient, and adequate bicycle parking facilities that: 1. Meet the demands of the use of the property; 2. Reduce hazards to pedestrians; 3. Enhance the visual quality of the city; 4. Reduce the adverse impacts associated with the bicycle parking, which includes bicycles parked on parking meters, signs, trees, etc; and, Comprehensive Development Ordinance p. 8-19 City of Burlington, VT Page 10 of 40 To: Burlington Ordinance Committee From: Cindy Reid, Cathedral Square Michael Monte, Champlain Housing Trust Jess Neubelt, Evernorth CC: Kim Sturtevant, Assistant City Attorney Re: Request for minor revision to the Transportation Demand Management Ordinance Date: January 29, 2026 Champlain Housing Trust, Evernorth, and Cathedral Square are requesting a minor revision to the Transportation Demand Management ordinance (last amended in 2023) clarifying that affordable housing buildings need only comply with outreach and education as well as reporting to the City as requested, whether or not they are permitted as part of a PUD. To illustrate an example of this issue, we have recently been asked by the DRB to provide full TDM services to our residents for our properties at Cambrian Rise. We believe a modification and clarification would be in keeping with the intent of the Ordinance amendment discussions we had with several of you in 2022-2023. This resulted in an exemption for buildings with a significant level of affordability (at least 75% of units that would meet the IZ ordinance definition of "affordable"). As we stated in 2022-2023, the full TDM Ordinance, if applied to affordable housing projects, would be cost prohibitive. At a time when we are experiencing significant increases in insurance, taxes and maintenance costs, and we are providing as many services (SASH®, housing retention, mental health) as we can to address the basic needs of our vulnerable populations, and to prevent evictions, we cannot afford more requirements layered onto our operations. Page 11 of 40 At Cambrian Rise, the larger CDO's definition of a project does not allow for the affordable housing partial exemption to apply to units that are within a PUD, even if they otherwise meet the criteria for the modified implementation requirements. We are requesting a minor modification to the definition of affordable housing included within Table 8.1.16-1, to explicitly allow the "Affordable Projects" definition to include buildings within a PUD, including if they are serving as that PUD’s IZ units. This modification would also ensure that the requirements are not being retroactively applied to buildings - such as CHT's Laurentide and Cathedral Square's Juniper Housing - that were constructed prior to the TDM ordinance's implementation. This exemption is critical for us in both standalone buildings and buildings in PUDs. Our buildings feature lower levels of car ownership than their market-rate counterparts, and our staff spend enormous portions of their days navigating many layers of regulatory compliance. Waiving the costliest portions of TDM allows us to preserve our federally and locally restricted operating budgets for our key mission -- supporting our communities' highest needs residents — without adding cars to Burlington's taxed road system. In all cases, we would still maintain TDM plans that encompass the Outreach & Education portions of the ordinance. Thanks for your time and consideration. Attachment: Transportation Demand Management Memo to City Council 1.9.2023 Page 12 of 40 To: Mayor Weinberger and Burlington City Council From: Cindy Reid, Cathedral Square Michael Monte, Champlain Housing Trust Jonathan Farrell, COTS Jess Neubelt, Evernorth Re: Expansion of Transportation Demand Management Ordinance Date: January 9, 2023 As representatives of the City’s Designated Housing Agencies, we are writing to support the proposed amendment to the Transportation Demand Management (TDM) ordinance. Specifically, we support that the amendment requires affordable housing projects (defined as projects with at least 75% affordable units as defined by IZ criteria or housing rented to residents who receive public subsidy), to comply with only Section 8.1.16 c. 1. (education and outreach for residents) and section 8.1.16 c 4 (reporting to the City upon request). We also support that previously permitted projects with existing TDM plans (e.g., COTS) will be able to seek an administrative amendment to their permit, aligning with the new TDM criteria. Finally, we believe that the shift from mandating TDM strategies to providing a menu of options will save renters and landlords money that could be better spent in more targeted, impactful ways. We appreciate your hearing our concerns about the prior TDM iteration’s potential impacts on affordable housing viability as well as your time spent working with us on this amendment. Our affordable housing communities meet many public goals, and it’s critical that we maintain their viability in the process, while housing some of our most vulnerable community members. As developers and operators or affordable communities, we know that these changes will make a real difference in our ability to adequately finance and manage our buildings. Thank you! Page 13 of 40 AJ LaRosa Burlington Development Review Board Caitlin Halpert Geoffrey Hand 645 Pine Street Miles Waite Burlington, VT 05401 Leo Sprinzen www.burlingtonvt.gov/DPI/DRB Sean McKenzie Phone: (802) 865-7188 Evan Gould Marina Campbell (Alt.) Burlington Development Review Board Findings of Fact Deliberative Hearing Tuesday, December 16, 2025 In RE: ZP-25-442; 351 North Avenue (Ward 4N, NAC-CR) (Tax Lot No. 038-1-001-002) Owner/Applicant: 375 North Avenue, LLC / Ben Frye Request: Proposed revision to the requirements of the Transportation Demand Management (TDM) plan for Cambrian Rise. Members Present: Caitlin Halpert Leo Sprinzen Evan Gould Miles Waite Sean McKenzie Marina Campbell Evidence Presented: The Board examined the materials submitted in support of this request. I. FINDINGS Background Information: The applicant is requesting approval to amend the Transportation Demand Management (TDM) plan for Cambrian Rise. This application was originally scheduled for DRB review on October 7, 2025. The applicant requested deferral and has since modified the application to partially drop the request to change the period of implementation of the TDM plan from 10 years to 7 years. Much of this request is to exempt the affordable housing within Cambrian Rise from most of the TDM standards. Previous zoning actions for this property (Permitting addresses vary from 329, 351, 351-375 and 375 North Avenue):  Zoning Permit ZP-25-226: As-Built changes to Building C, Sunset House  Zoning Permit ZPF-24-84: Install black aluminum fencing  Zoning Permit ZP-24-450: Reapplication for ZP-22-399  Zoning Permit ZP-24-360: Modify Building H into two buildings  Zoning Permit ZP-24-256: Construct recreation path and related site work (expired) Page 14 of 40  Zoning Permit ZP-24-226: Install retaining walls  Zoning permit ZP-22-582: Add temporary parking east of Liberty House.  Zoning permit ZP-22-399: Dissolve lots 8, 9, & 10 into one lot.  Zoning permit ZP-22-363: Install garage and person doors within a garage.  Zoning permit ZP-22-31: Amend PUD to increase dwelling unit count from 770 to 950 with related site and building changes.  Zoning Permit ZP-21-235: Re-apply for 18-0791CA.  Zoning Permit 20-0683CA: Changes to proposed Building C, convert parking to residential space (no increase in units), decrease non-residential space by 3,000 sf. February 2020.  Zoning Permit 19-0021CA/MA: Amendment to original project increasing the overall unit count to 770. Redesign of Building M, adding additional stories to buildings M, P, Q, & R. Add building volume to B & G. Minor changes to plaza dimensions. October 2018.  Zoning Permit 18-0721CA: Relocation of proposed path on SW side of building to align with existing opening on west elevation and small path leading from main path to vicinity of electrical transformer; modified paths near entry until adjacent buildings are complete; temporary black coated chain link construction fence surrounding west and south boundaries of building landscaping; new low stone wall. March 2018.  Zoning Permit 18-0791CA; Revisions to Buildings B & G, with additional floor added to Building B. No change to total units in project; revisions to design of buildings and proposed transportation hub; revision to road phasing plan. May 2018.  Zoning Permit 18-0028AP; Appeal of administrative decision relative to Impact Fees for orphanage renovation (zoning permit 16-0007CA/MA). DRB upholds staff decision, August 2017.  Zoning Permit 17-1307CA; temporary fence and path for temporary dog park for residents of 375 North Avenue. June 2017.  Zoning Permit 17-0853CA; Request for amendment of ZP17-0623CA/MA; Condition of approval #13 limiting construction days and times and Condition #3 addressing 10- year performance bond for construction. May 2017.  Zoning Permit 17-0716CA; Replace two small windows on north and south gable ends located at the west elevation of former Orphanage building with one larger window in each gable end at the west elevation. January 2017.  Zoning Permit 17-0623CA/MA; Proposed development consisting of 11 buildings containing 739 residential units, approximately 45,000 sq. ft. of non-residential support/amenity space, approximately 40,000 sq. ft. of neighborhood commercial spaces and 1,092 parking spaces. March 2017.  Zoning Permit 17-0376CA; install new windows within new openings on western building elevation. September 2016. ZP-25-442 Minutes/FOF pg. 2 of 7 Page 15 of 40  Zoning Permit 17-0252SP; second sketch plan review of planned unit development with mixed commercial and residential uses, related buildings, and infrastructure. October 2016.  Zoning Permit 17-0010CA; Revisions to west chapel elevation (amendment to zoning permit 16-0007CA / MA). Openings for windows restored or added. July 2016.  Zoning Permit 16-1487CA; Change to top floor, add veranda on roof. Amendment to zoning permit 16-0007CA/MA. July 2016.  Zoning Permit 16-0622CA; Request change of materials for existing slate roof to standing seam copper on the former St. Joseph's Orphanage. Former address 351 North Avenue. January 2016.  Zoning Permit 16-1183SP; Sketch plan review of 700+ unit planned unit development with mixed commercial and residential uses, related buildings, and infrastructure.  Zoning Permit 16-0007CA/MA; Approval to convert building into 63 apartments and related site improvements. Approved September 2015; amended February 2016. June 2016.  Zoning Permit 15-0702LL; Lot line adjustment with 329 North Avenue. Approved December 2014. [Plat recorded 1/16/2015; Plat file 509C.]  Zoning Permit 14-1286CA; Installation of CCTA bus shelter on Burlington College property. Approved June 2014.  Zoning Permit 12-0706SN; replace existing non-conforming freestanding sign with new freestanding sign for Burlington College – Main Campus. Approved March, 2012.  Zoning Permit 12-0121CA; Install rooftop air handler, five ac units, bike racks, and remove walls from garage. Approved August 11, 2011.  Zoning Permit 11-0282CU; convert existing institutional office use and group home use to post-secondary school. No site or exterior building changes proposed. Approved November 2010.  Zoning Permit 09-526CA; Demolish single car garage. Approved February 2009.  Non-applicability of zoning permit requirements; continued use of existing group home. June 1998.  Zoning Permit 92-096 / COA 092-016; Removal of existing wooden cross with installation of fiberglass statuary of St. Mary on top of Diocese building. Overall height to be 104’ with exterior illumination to surround statue. Approved September 1991.  Notice of selective landscape removal on west. No change in grade of site or drainage of runoff water. December 1991.  Zoning Permit 79-352; install septic tank and seepage bed. July 1979.  Zoning Permit 77-03; renovation of existing structure “St. Josephs Child Center” into office space and three apartments for Bishop and two priests. Approved January 1977. ZP-25-442 Minutes/FOF pg. 3 of 7 Page 16 of 40  Zoning Permit 77-628; Convert St. Joseph’s Child Center into office building, three apartments and three guests’ rooms. Remove some windows and brick up openings. Install new windows. Erect 28’6” x 30’ addition and 32’ x 66’ addition. December 1976. Article 8: Parking Sec. 8.1.16, Transportation Demand Management (b) Applicability Zoning permit ZP-22-32 was a project-wide amendment that increased total dwelling unit count from 770 to 950 units. Significantly, it also included a project-wide maximum parking waiver that allowed the applicant to exceed the applicable parking maximum by 216 spaces. Both the increase in dwelling unit count (an increase of more than 10) and the maximum parking waiver triggered the requirement for a project-wide TDM plan. ZP-22-32 included a TDM for the entire project, inclusive of affordable and market rate housing. The proposed TDM plan asserts that two of the completed buildings that contain affordable housing, Laurentide and Juniper House, are exempt from the TDM requirements because they predate adoption of the TDM standards in the Comprehensive Development Ordinance (CDO). The proposed TDM plan also asserts that part of so-called Building H, just beginning construction, will also be largely exempt due to its inclusion of affordable housing. The current TDM standards in the CDO do exempt affordable housing projects from most TDM requirements. Just outreach and education and the TDM agreement are required. See Table 8.1.16-1 below. Cambrian Rise was most recently approved as a 950 dwelling unit planned unit development (PUD), inclusive of required affordable housing. As noted above, the PUD also includes a project-wide maximum parking waiver predicated, in part, on implementation of an approved TDM plan. Laurentide, Juniper House, and Building H are included within the PUD, provide ZP-25-442 Minutes/FOF pg. 4 of 7 Page 17 of 40 much of its required affordable housing, and benefit from the maximum parking waiver. The affordable project exemption for TDM standards pertains to individual projects that include at least 75% affordable housing, such as the COTS project at 278 Main Street. The affordable housing components of Cambrian Rise are not stand-alone projects and do not qualify for any exemption from the TMD standards. (Adverse finding) (c) Transportation Demand Management Program The applicant has provided a revised transportation demand management plan for consideration. a. Outreach and Education: Cambrian Rise continues to be managed by Farrell Properties. As originally approved, this entity will serve as the Transportation Coordinator in collaboration with CATMA. In that role, Farrell Properties will coordinate with CATMA to prepare and disseminate materials as to TDM strategies and resources available to residents and employees. The Transportation Coordinator will also be responsible for record keeping and annual reporting to the city as required by this criterion. The proposed TDM plan separates Champlain Housing Trust and Evernorth Vermont from the rest of Cambrian Rise, as the providers of the project’s required affordable housing, and notes that they will establish and maintain their own relationship with CATMA. As noted above, the affordable housing with Cambrian Rise is part of the overall project and meets the project’s inclusionary housing requirement. The TDM plan must be inclusive of the entire development. The revised TDM plan notes that Farrell Properties’ relationship with CATMA will last at least 10 years. This time span is consistent with the original TDM approved for the project. (Adverse finding) b. TDM Strategies: The currently approved TDM plan relies significantly on services provided by CATMA, a local transportation management association. The TDM plan includes the following strategies:  Subsidized GMT passes and bike share membership.  Locate one Carshare VT vehicle within the development and offer all residents a year of free membership. (Presently, there are two Carshare VT vehicles onsite, but there is no membership subsidy).  A GMT bus stop is located within the development.  Construction of pathway connections to the Burlington Greenway (bike path) and North Avenue (the Greenway connection has not been constructed). As approved, these strategies are to be provided for a period of 10 years following issuance of a certificate of occupancy for the next project phase that is completed. This 10-year period started July 29, 2024. The proposed TDM plan is similar to the original, and pledges to provide the 1 year of free carshare membership that was originally required but not provided. The ZP-25-442 Minutes/FOF pg. 5 of 7 Page 18 of 40 proposed TDM plan also articulates provision of parking spaces, EV chargers, and other items that may be needed by Carshare VT. A 3rd onsite Carshare VT vehicle is contemplated; however, comment from Carshare VT staff indicates a 3rd vehicle would not be possible without a revenue guarantee provided by the applicant. Bus pass subsidies are not noted in the proposed TDM plan but are required. As originally approved, provision of these TDM strategies must continue for at least 10 years. (Affirmative finding if conditioned) c. Parking Management: Proposed parking management is largely unchanged, except that a 7-year reporting period is requested versus the originally permitted 10-year reporting period. The current TDM standards allow for a 7-year period for annual parking utilization studies to assess the effectiveness of the TDM plan. The reporting period starts concurrently with the TDM strategy implementation period. As required, the cost of parking is un-bundled from all residential leases and deeds, except for permanently affordable housing units. There is no dedicated commercial parking. Priority parking spaces are provided. Motorcycle parking will be provided within the central garage. ADA and carshare parking spaces are noted on the project site plans. The maximum of 5 carshare spaces are proposed. Lacking any dedicated commercial parking, no carpool or vanpool spaces are required. (Affirmative finding) d. TDM Agreement: A new TDM agreement is referred to in the proposed plan, but is not actually provided. One can be provided in the event that the revised TDM plan is approved. (Affirmative finding if conditioned) II. MINUTES The meeting minutes will be distributed separately upon review and approval by the Development Review Board. III. MOTION Motion: Leo Sprinzen I move that the Board deny the requested revisions to the requirements of the Transportation Demand Management (TDM) plan for Cambrian Rise, based on the adverse findings in Section I above. Seconded: Evan Gould Vote: 6-0-0, motion carried ZP-25-442 Minutes/FOF pg. 6 of 7 Page 19 of 40 Please note that an interested person may appeal a decision of the Development Review Board to the Vermont Superior Court Environmental Division. (Zoning Ordinance Article 17, Section 17.1.7, Appeals of Development Review Board Decisions: An interested person may appeal a decision of the Development Review Board to the Vermont Superior Court Environmental Division. The appeal shall be taken in such a manner as the supreme court may by rule provide for appeals from state agencies governed by Sections 801 through 816 of Title 3). The Court rules may require that such an appeal be commenced within Thirty (30) days of the Board’s decision. ZP-25-442 Minutes/FOF pg. 7 of 7 Page 20 of 40 Page 21 of 40 Page 22 of 40 Page 23 of 40 Page 24 of 40 Page 25 of 40 Page 26 of 40 Page 27 of 40 Page 28 of 40 Page 29 of 40 Page 30 of 40 Page 31 of 40 Page 32 of 40 CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Six _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all Stages of passage: ______________ Second reading: CONSUMER ________________ PROTECTION Action: ______________________ BCO Chapter 21, Art. I Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: 1 That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of 2 Burlington be and is hereby amended by amending Article I, In General, by adding Sec. 28-1, Consumer 3 Protection; thereof to read as follows: 4 5 21-8 Reserved Consumer Protection 6 7 (a) PURPOSE 8 The purpose of this Section is to complement the enforcement of federal statutes, state statutes, and decisions 9 governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices 10 in order to protect the public and to encourage fair and honest competition. 11 (b) DEFINITIONS 12 Please see 9 V.S.A. §2451a. 13 (c) CUSTOMER NOTICE 14 1) HOLDS ON PAYMENT AT POINT OF SALE 15 A gas station or convenience store that accepts credit or debit cards for the retail sale of gasoline shall 16 not place, or allow a third party to place, a hold on any credit or debit card account in an amount 17 larger than the actual purchase amount for the gasoline without providing notice: 18 (A) in a clear manner and proximate to the point of payment prior to the 2 consumers purchase; 19 and 20 (B) before the customer’s purchase. 21 2) PARKING RATES FOR PARKING GARAGES/LOTS 22 All parking garages/lots shall clearly post at the entry of the parking garage/lot: 23 (A) whether the lot/garage is open to the public; 24 (B) the rates for the lot/garage; 25 (C) hours of operation; Page 33 of 40 Page 2 CONSUMER PROTECTION An Ordinance in Relation to BCO Ch. 21, Art. I 26 (D) contact to call if there is an issue; and 27 (E) whether there is a charge for handicap parking. 28 29 * Material stricken out deleted. 30 ** Material underlined added. 31 32 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I 33 Sec. 21-8. 34 2/6/2026 Page 34 of 40 Page 35 of 40 Page 36 of 40 Page 37 of 40 Page 38 of 40 CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Six _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all Stages of passage: ______________ Second reading: CONSUMER ________________ PROTECTION Action: ______________________ BCO Chapter 21, Art. I Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: 1 That Chapter 21, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of 2 Burlington be and is hereby amended by amending Article I, In General, by adding Sec. 28-1, Consumer 3 Protection; thereof to read as follows: 4 5 21-8 Reserved Consumer Protection 6 7 (a) PURPOSE 8 The purpose of this Section is to complement the enforcement of federal statutes, state statutes, and decisions 9 governing unfair methods of competition, unfair or deceptive acts or practices, and anti-competitive practices 10 in order to protect the public and to encourage fair and honest competition. 11 (b) DEFINITIONS 12 Please see 9 V.S.A. §2451a. 13 (c) CUSTOMER NOTICE 14 1) HOLDS ON PAYMENT AT POINT OF SALE 15 A gas station or convenience store that accepts credit or debit cards for the retail sale of gasoline shall 16 not place, or allow a third party to place, a hold on any credit or debit card account in an amount 17 larger than the actual purchase amount for the gasoline without providing notice: 18 (A) in a clear manner and proximate to the point of payment prior to the 2 consumers purchase; 19 and 20 (B) before the customer’s purchase. 21 2) PARKING RATES FOR PARKING GARAGES/LOTS 22 All parking garages/lots shall clearly post at the entry of the parking garage/lot: 23 (A) whether the lot/garage is open to the public; 24 (B) the rates for the lot/garage; 25 (C) hours of operation; Page 39 of 40 Page 2 CONSUMER PROTECTION An Ordinance in Relation to BCO Ch. 21, Art. I 26 (D) contact to call if there is an issue; and 27 (E) whether there is a charge for handicap parking. 28 29 * Material stricken out deleted. 30 ** Material underlined added. 31 32 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I 33 Sec. 21-8. 34 2/6/2026 Page 40 of 40