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Ordinance Committee

Regular Meeting

Burlington, VT · March 6, 2026

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Minutes

Ordinance Committee Friday, March 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), Sarah Morgan (Planning), Scott Gustin (Zoning) Public Present: Sharon Bushor, Ryan Nick, Jeff Nick, Andrew 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 February 19, 2026 Motion to adopt the draft minutes as drafted. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum Sharon Bushor: I am here to speak on the TDM ordinance change. I was taught by affordable housing people that affordable housing should be integrated rather than differentiated from other housing. There really should be a mechanism for people in affordable housing to get bus passes. 4. CDO – Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Sarah Morgan (Planning) shared a presentation on this change. The presentation is available in the agenda packet on CivicClerk. Motion to refer the ordinance as amended to both the Planning Commission and to the full City Council with a recommendation for adoption, and for the setting of a public hearing. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Page 1 of 3 Final Resolution: Motion Passes Yes: Unanimous 5. CDO – ZA-26-02 PlanBTV Downtown Code Fences Sarah Morgan (Planning) shared a presentation on this change. The presentation is available in the agenda packet on CivicClerk. Jeff Nick: The alley we put our gate in is accessible to tractor trailers. We also don’t own the adjacent building so we can’t anchor a gate into that building. Andrew: I am an ambassador for the business district. A lot of what I do is CPTED, crime prevention through environmental design. I see a lot of bad behavior downtown. Installing gates and fences forces the bad behavior into more public/visible areas. The neighboring building on Cherry is vacate and attracts graffiti and other issues. Scott Gustin (Zoning Manager) said that Jeff Nick could have built a compliant fence and gate but did not do so. He added that changing policy to accommodate a single property is not a good way to make policy. Charles Dillard (Director of Planning) said that it is a slippery slope and that he is sensitive to both immediate and long term development and how aesthetic impacts that. Councilor Bergman asked staff for the administrative history of Jeff Nick’s fence and gate. Scott Gustin responded saying that the permit was applied for after the fact and was denied. They then sought a variance with the DRB and they denied the variance saying that a compliant gate was possible. Ryan Nick: I heard from a DRB member after the denial saying it was a stupid rule. Councilor Bergman said he was open to adjusting the ordinance, taking into consideration the aesthetic and crime issues, but was not open to allowing chain link throughout the downtown without some kind of decoration. Councilor Carpenter asked why the DRB denied the variance for this gate. Scott Gustin responded saying that a compliant style was possible, just perhaps more expensive. He said that variances are generally for situations when compliance is otherwise impossible. Councilor Bergman said this issue will continue to be discussed after the next ordinance committee is established. He added that he would like staff to investigate aesthetic treatments for chain link that might make them acceptable. 6. Fuel Purchase Ordinance Page 2 of 3 Councilor Bergman asked for an authority citation in the purpose section of the draft ordinance. He added that he would like both the enforcement mechanisms and fine structures to be laid out in the ordinance itself. Both councilors Barlow and Carpenter said that the “privately-owned” sign language must be prominent and obvious. Councilor Bergman said that an explicit statement of intent could be included at the beginning of the ordinance to help guide the construction of the administrative rules that will come with this ordinance. 7. Private Parking Lot Terms and Rates Ordinance 8. Any Other Committee Business The next meeting is scheduled for March 19th at 4:30 PM. 9. Adjournment Motion to adjourn by Councilor Bergman, without objection. The meeting was adjourned at 4:07 PM. Page 3 of 3

Agenda

Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Mar 6, 2026 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Agenda Join from PC, Mac, iPad, or Android: https://zoom.us/j/97805104302?pwd=sAjHMXNT1WYSi6pFl0DBVkceXbDxaN.1 Passcode:354721 Phone one-tap: +13017158592,,97805104302#,,,,*354721# US (Washington DC) +13052241968,,97805104302#,,,,*354721# US Join via audio: +1 301 715 8592 US (Washington DC) +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) +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +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 Webinar ID: 978 0510 4302 Passcode: 354721 International numbers available: https://zoom.us/u/addshMNnzp 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 2/19 Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 - ZA-26-03 Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 - ZA-26-02 PlanBTV Downtown Code Fences Subject 5.1. CDO - ZA-26-02 PlanBTV Downtown Code Fences Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. CDO - ZA-26-02 PlanBTV Downtown Code Fences Department Council and Board Type Recommended Action 6. Fuel Purchase Ordinance Subject 6.1. Fuel Purchase Ordinance Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Fuel Purchase Ordinance Department Council and Board Type Recommended Action 7. Private Parking Lot Terms and Rates Ordinance Subject 7.1. Private Parking Lot Terms and Rates Ordinance Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 Department Council and Board Type Recommended Action 8. Any Other Committee Business Subject 8.1. Any Other Committee Business Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM When: Mar 6, 2026 02:00 PM Eastern Time (US and Canada) Topic: Ordinance Committee Meeting Agenda Join from PC, Mac, iPad, or Android: https://zoom.us/j/97805104302?pwd=sAjHMXNT1WYSi6pFl0DBVkceXbDxaN.1 Passcode:354721 Phone one-tap: +13017158592,,97805104302#,,,,*354721# US (Washington DC) +13052241968,,97805104302#,,,,*354721# US Join via audio: +1 301 715 8592 US (Washington DC) +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) +1 669 444 9171 US +1 669 900 6833 US (San Jose) +1 689 278 1000 US +1 719 359 4580 US +1 253 205 0468 US +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 Webinar ID: 978 0510 4302 Passcode: 354721 International numbers available: https://zoom.us/u/addshMNnzp 1. Agenda 1.1. Motion to amend/adopt agenda 2. Adopt Draft Minutes Subject 2.1. Adopt Draft Minutes from 2/19 Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 67 Recommended Action 3. Public Forum Subject 3.1. Verbal Comments Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 - ZA-26-03 Transportation Demand Management (TDM) as it relates to Inclusionary Zoning (IZ) Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 - ZA-26-02 PlanBTV Downtown Code Fences Subject 5.1. CDO - ZA-26-02 PlanBTV Downtown Code Fences Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 5. CDO - ZA-26-02 PlanBTV Downtown Code Fences Department Council and Board Type Recommended Action 6. Fuel Purchase Ordinance Subject 6.1. Fuel Purchase Ordinance Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 6, 2026, 2:00 PM, Bushor Conference Room 1st Floor, City Hall OR REMOTELY via ZOOM Category 6. Fuel Purchase Ordinance Department Council and Board Type Page 2 of 67 Recommended Action 7. Private Parking Lot Terms and Rates Ordinance Subject 7.1. Private Parking Lot Terms and Rates Ordinance Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 Department Council and Board Type Recommended Action 8. Any Other Committee Business Subject 8.1. Any Other Committee Business Meeting March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 March 6, 2026 - Ordinance Committee Meeting Agenda - Friday, March 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 67 Ordinance Committee Thursday, February 19, 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 (Arrived 5:05 PM) Staff Present: Kim Sturtevant (Assistant City Attorney), Bill Ward (Director of DPI) Public Present: Sharon Bushor, Alicia Estey, Wendy Koenig, Amanda Clayton, James Dobson, Nic Anderson, Alve Yanowitz, Ben Robke Meeting called to order at 4:30 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 adopt the draft minutes as revised. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 2.2 Adopt Draft Minutes from February 6, 2026 Motion to adopt the draft minutes as drafted. Motion by Councilor Barlow, Seconded by Councilor Carpenter. Final Resolution: Motion Passes Yes: Unanimous 3. Public Forum Sharon Bushor: It would be useful to know the volume of issues and the timeline for how long different issues take to resolve. I did see that Champlain inspects all of their housing units each year but I didn’t see what proportion UVM inspects per year. I wonder if the State would have any role in the inspection of institutional housing. Page 1 of 3 Page 4 of 67 4. University Exemption for Periodic Minimum Housing Inspection Ordinance Discussion 4.1 Update from Champlain College Administration Nic Anderson (Champlain College) spoke about Champlain College’s maintenance protocol. More information from Champlain College is available in the agenda packet on CivicClerk. Councilors Bergman and Barlow both wanted more information about the volume of requests and the data on how long requests go before being resolved. Councilor Kane arrived at 5:05 PM. 4.2 Update from UVM Administration Wendy Koenig, Alicia Estey, and Amanda Clayton (UVM) spoke about UVM’s maintenance and inspection protocols. More information from UVM is available in the agenda packet on CivicClerk. 4.3 Update from UVM Student Tenants’ Union Members of the UVM Student Tenants’ Union shared their updates and responded to the updates from the UVM administration. Alve Yanowitz (UVM Student Tenants’ Union): I believe that the City should inspect dormitories like any other housing units to ensure compliance as the university’s current practices are not sufficient. Councilor Bergman said that improving the maintenance reporting system is in both parties’ interests and should be prioritized so there is reliable data. 4.4 Update from the City of Burlington Bill Ward (Director of DPI) said he intends to have draft language for review at the next meeting on this issue. He said that he has ideas about how to facilitate university compliance and to shift the timeframe of inspection compliance toward the summer for ease for both the City and institution. 5. Any Other Committee Business The next meeting is scheduled for March 6th at 2:00 PM. The next meeting on the institutional exemption ordinance is scheduled for March 19th. 6. Adjournment Motion to adjourn by Councilor Bergman, without objection. Page 2 of 3 Page 5 of 67 The meeting was adjourned at 6:43 PM. Page 3 of 3 Page 6 of 67 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 7 of 67 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 8 of 67 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 9 of 67 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 10 of 67 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 11 of 67 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 12 of 67 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 13 of 67 CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Office of City Planning, 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: CDO—TDM ________________ Exemptions for Affordable Housing Action: ZA-26-03 ______________________ Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: 1 That Appendix A, Comprehensive Development Ordinance of the Code of Ordinances of the City of Burlington be and 2 hereby is amended by amending Article 8, Parking; Part 1, General Requirements; Sec. 8.1.9-1, Maximum Off-Street 3 Parking Requirements; and Table 8.1.16-1, Transportation Demand Management Program Required; to clarify the 4 definition of affordable housing projects to include buildings within a Planned Unit Development, and to clarify 5 that Affordable Projects are only required to meet a subset of Transportation Demand Management requirements even 6 in the case of a Waiver of Maximum Parking Limitations applying TDM requirements to a project. As such, the 7 ordinance is amended to read as follows: 8 *** 9 ARTICLE 8: PARKING 10 *** 11 PART 1: GENERAL REQUIREMENTS 12 *** 13 Sec. 8.1.9 Maximum On-Site Parking Spaces 14 The total number of off-street parking spaces provided in any parking district shall not be more than as 15 allowed in Table 8.1.9-1 below: 16 (a) Where a use is not listed, the maximum parking requirements shall be determined by the 17 administrative officer based upon a determination that the use is substantially equivalent in use, 18 nature, and impact to a listed use. 19 (b) When the calculation yields a fractional number of maximum spaces, the number of spaces shall be 20 rounded to the nearest whole. 21 22 Table 8.1.9-1 Maximum Off-Street Parking Requirements—As written. 23 (a) Exemptions: The following shall not be included in the maximum number of allowable spaces 24 required by this section: 25 26 1. – 6. As written. 27 28 7. Waiver of Maximum Parking Limitations. Parking in excess of the maximum parking limitation 29 of this section, may be waived by the DRB pursuant to the following requirements: Page 14 of 67 Page 2 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing 30 31 32 33 A. The applicant requesting the waiver shall also provide: 34 (i) a peak demand parking study for two similar uses in the area; and, 35 (ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16,. provided that Affordable 36 Projects shall only be required to comply with Sections 8.1.16(c) 1 and 8.1.16(c) 4, 37 as stated in Table 8.1.16-1. 38 39 B. As written. 40 41 *** 42 43 Section 8.1.16 Transportation Demand Management 44 (a) Purpose: As written. 45 (b) Applicability: 46 (1) A Transportation Demand Management Program shall be required for all projects in any Parking 47 District involving any one or more of the following: 48 Table 8.1.16-1 Transportation Demand Management Program Required Applicable Projects Affordable Projects Small Project Projects Type • Creation of 10 or more Projects involving one or more Creation of five dwelling units “Applicable Projects” and that (5) to nine (9) • A non-residential also contain at least 75% of dwelling units or Mixed dwelling units meeting or exceeding Use development with a the affordability criteria of Article building footprint of 9, Inclusionary & Replacement eight thousand Housing, or housing rented to (8,000) sq.ft. or more; or tenants receiving federal or state the creation of fifteen rental assistance including buildings thousand (15,000) sq.ft. within a Planned Unit or more of gross floor Development that meet or exceed area the above criteria Applicable All provisions of Sec. 8.1.16 Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) Sec. 8.1.16 (c) TDM (c) 4. only 3. b. only Sections 49 50 For projects that were issued permits with TDM requirements prior to January 31, 2023, an 51 administrative permit amendment may be requested to align the permit with the TDM requirements 52 set forth herein. 53 (c) Transportation Demand Management (TDM) Program: A TDM Program shall include each of 54 the following elements at a minimum: Page 2 Page 15 of 67 Page 3 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing 55 (1) Outreach and Education: 56 a. Designation of a Transportation Coordinator who directly, or indirectly through 57 membership in a Transportation Management Association, shall be responsible for each of 58 the following: 59 1. Prepare and always make available to all residents and employees informational and 60 educational materials regarding available TDM strategies and opportunities for 61 increased use and participation; 62 2. Preparation and dissemination of an annual travel survey of all residents and 63 employees; and, 64 3. Record-keeping and reporting to City upon request of all TDM activities offered and 65 rates of participation (including parking utilization if applicable). 66 (2) TDM Strategies: In addition to compliance with the on-site Bicycle Parking requirements 67 found in Article 8, Part 2, each TDM Program must incorporate TDM strategies to minimize 68 the amount of parking demand associated with the project. At a minimum, a TDM Program 69 shall select no less than two (2) of the following TDM strategies, which shall be selected and 70 filed with the Administrative Officer on an annual basis: Article 8: Parking Article Last 71 Updated: January 25, 2023 Comprehensive Development Ordinance p. 8-18 City of 72 Burlington, VT 73 a. Maintain an ongoing and active membership in a Transportation Management Association 74 (TMA); 75 b. Provide GMT Transit passes to all residents and employees at a minimum discount of 76 50%; 77 c. Provide a free car share membership to all residents and employees; 78 d. Provide a free bike share membership to all residents and employees; 79 e. If not already provided through a TMA membership, provide residents and employees with 80 a shuttle service, guaranteed ride home program, or ride to a nearby transit center. 81 (3) Parking Management: Where on-site or off-site parking is also made available: 82 a. Conduct parking utilization studies at least annually for a period of 7 years from receipt of 83 a Certificate of Occupancy; 84 b. With the exception of permanently affordable housing units, the cost of parking shall be un- 85 bundled from all residential and nonresidential leases and deeds and made available at a 86 market rate; 87 c. Where parking spaces are made available to off-site users, parking spaces may be made 88 available by a renewable lease, provided the term of any lease does not exceed one (1) 89 year; and, 90 d. Priority parking spaces: when on-site parking is provided, the following must be located in 91 closest proximity to a primary building entrance and/or public street frontage: 92 1. ADA Accessible spaces; 93 2. Bicycles, scooters, and motorcycles spaces; Page 3 Page 16 of 67 Page 4 An Ordinance in Relation to ZA-26-03 TDM Exemptions for Affordable Housing 94 3. Car-share: where 1 space must be offered for projects with 20 or more residential 95 units, subject to an agreement with a car-share provider; and, 96 4. Carpool and/or Vanpool vehicles: where more than 20 spaces are available for non- 97 residential uses. In such cases, 5 spaces or 5% of the parking spaces on site, whichever 98 is less, must be reserved for carpool/vanpool use before 9:00 AM on weekdays. 99 (4) TDM Agreement: Each TDM Plan shall include a signed commitment to and 100 acknowledgement of each of the following on a form provided by the Administrative Officer: 101 a. Commitment to ongoing implementation of the TDM requirements as set forth above; 102 Article 8: Parking Article Last Updated: January 25, 2023 Comprehensive Development 103 Ordinance p. 8-19 City of Burlington, VT 104 b. Acknowledgement that the project has no claim to the ongoing availability of nearby on- 105 street public parking, and that, as is the case with other on-street public parking, the City 106 retains the right to charge for, restrict or remove such on-street parking at any time; 107 c. Acknowledgement that failure to maintain transportation demand management as required 108 above is a violation of this ordinance, and understanding that, pursuant to Sec. 2.7.8 of this 109 ordinance, no zoning permit or certificate of occupancy may be granted until any such 110 violation has been remedied; and, 111 d. Commitment to notify any subsequent owners and tenants in writing of their obligations 112 under this section as part of any purchase and sale and/or lease agreements. 113 Review and Enforcement: The Administrative Officer shall be responsible for determining 114 compliance with the TDM Program requirements as set forth above, and ongoing implementation 115 shall be included as a condition of any discretionary or administrative permit required for 116 development subject to the conditions of this Section. 117 Failure to maintain a TDM Program as required above shall be a violation of this ordinance, and 118 pursuant to Sec. 2.7.8 of this ordinance no zoning permit or certificate of occupancy may be 119 granted without a TDM Program in effect. 120 Guidelines regarding compliance with these TDM requirements shall be developed and provided 121 to applicants by the Administrative Officer. 122 123 124 * Material stricken out deleted. 125 ** Material underlined added. 126 127 Planning/KS/ Ordinances 2026/ZA-26-03TDM Exemptions for Affordable Housing 128 CDO Sections 8.1.9 and Table 8.1.16-1 129 130 CCOC 3/4/26 Page 4 Page 17 of 67 City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7194 www.burlingtonvt.gov/plan TO: Burlington City Council Ordinance Committee FROM: Stella Jordan, Senior Planner Charles Dillard, AICP, Director of City Planning DATE: March 4, 2026 RE: Proposed ZA-26-03 TDM Exemptions for Affordable Housing This memo is intended to provide an overview about the proposed changes included in ZA-26-03. 1. Overview This Amendment proposes clarifying the definition of affordable housing projects and their obligations in relation to Transportation Demand Management (TDM) requirements. Specifically, this Amendment proposes including affordable buildings within a Planned Unit Development (PUD) in the definition of Affordable Projects when determining TDM requirement applicability, and further clarifying that Affordable Projects are only required to meet a subset of TDM requirements as provided in Article 8, Section 8.1.16 of the Comprehensive Development Ordinance, even in the case of a Waiver of Maximum Parking Limitations applying TDM requirements to a project or a PUD. 2. Background & Past Efforts This Amendment addresses concerns raised by the developers of buildings that contain affordable housing within the Cambrian Rise PUD that compliance with full TDM requirements would represent an undue administrative and cost burden for the affordable buildings in particular. The TDM requirements in question were activated by a 2022 project-wide Maximum Parking Waiver and dwelling unit count increase amendment for the entire Cambrian Rise PUD. Under the current CDO regulations regarding Waivers of Maximum Parking Limitations (Sec. 8.1.8 (a) 7. A.), the Cambrian Rise project must submit a project-wide TDM Plan consistent with TDM regulations (Sec. 8.1.16) wherein all buildings in the PUD are subject to the full suite of applicable TDM Program requirements. The developers of the affordable buildings for Cambrian Rise sought an amendment to the project’s current TDM plan (which was submitted with the 2022 project amendment) to exempt these buildings from elements of the existing TDM plan and separate them from the rest of the Cambrian Rise project with respect to the implementation of Outreach and Education strategies and TDM strategies. The Development Review Board reviewed this request on December 16, 2025, finding that the affordable buildings in question were part of the overall Cambrian Rise project (providing much of its required inclusionary housing) and benefit from the project-wide maximum parking waiver; that the CDO’s definition of Affordable Projects in Section 8.1.16 does not apply to affordable buildings within a PUD that are fulfilling a project’s inclusionary housing requirements; and that a project-wide TDM plan must be inclusive of the entire development. The Cambrian Rise project’s existing TDM plan comprises four elements, as required by Section 8.1.16: Outreach and Education (which is being undertaken by the Cambrian Rise property manager in partnership with CATMA), TDM Strategies (in partnership with CATMA), Parking Management, and a TDM Agreement (fulfilled by the TDM plan). The exemption sought for affordable buildings, which this Amendment in effect provides by clarifying that the definition of Affordable Projects includes affordable buildings within a PUD and that these buildings may also be exempted from project-wide TDM requirements imposed by a maximum parking waiver, limits TDM requirements to Outreach and Education and a TDM Agreement only. The City Council Ordinance Committee discussed the possibility of an amendment to address this topic and heard from affordable housing developers about the project and TDM requirements in question on February 6, 2026. Page 18 of 67 Staff from the Office of City Planning also provided context at this meeting about the existing CDO requirements, and shared information about two relevant forthcoming amendments: a larger TDM amendment that is currently being drafted to comprehensively update Burlington’s TDM requirements, which will also include updated requirements and strategies related to affordable housing projects; and a larger Inclusionary Zoning amendment that will update and modernize the City’s inclusionary housing development requirements. Committee members elected to advance ZA-26-03 as a standalone amendment prior to these larger updates, specifically to address the concerns outlined above. 4. Proposed Amendment: ZA-26-03 a) Amendment Type Text Amendment Map Amendment Text & Map Amendment b) Purpose Statement The proposed change in ZA-26-03 aims to clarify definitions of affordable housing projects in relation to TDM requirements. c) Proposed Amendment 1. Amendments to Article 8: Parking • Amends Sec. 8.1.8 (a) 7. A. (ii) to clarify that Affordable Projects as defined in Table. 8.1.16-1 are only required to comply with two applicable sections of TDM requirements when a Waiver of Maximum Parking Limitations is applied to a project. • Amends Sec. 8.1.16 (b) Table 8.1.16-1 to clarify that the definition of Affordable Projects includes buildings within a Planned Unit Development that meet or exceed provided criteria. d) Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Theme: Dynamic Distinctive Inclusive Connected Land Use: Conserve Sustain Grow Compatibility with Proposed Future Land Use & Density The proposed amendment aligns with the land use and density policies outlined in planBTV. Its purpose is to support affordable housing development by balancing economic challenges and mobility needs. This change reflects the intent of the “Inclusive” theme, which prioritizes providing and promoting affordable housing choices and accessible transportation and mobility options for all residents. Impact on Safe & Affordable Housing This amendment reduces administrative and cost burdens that TDM requirements may impose on affordable housing development. By providing for the exemption of some TDM requirements for affordable buildings within a PUD that are providing required inclusionary housing for a project, this amendment may encourage more PUDs to separate their required inclusionary dwelling units into standalone affordable buildings rather than incorporating them into buildings that also contain market-rate units, resulting in increasing segregation of affordable housing from market-rate housing. Planned Community Facilities This amendment has no direct impact on planned community facilities. h) Process Overview Page 19 of 67 The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment Presentation to & discussion Approve for Public Public Hearing Approved & forwarded to prepared by Staff by Commission: Hearing Council 3/4/26 City Council Process First Read & Referral Ordinance Committee Council Ordinance Committee Public to Ordinance discussion Second Read Approval & recommend Hearing Committee 2/6/26, 3/6/26 Adoption *Discussed by the Planning Commission Ordinance Committee Page 20 of 67 ZA-26-03 TDM Exemptions for Affordable Housing CITY COUNCIL ORDINANCE COMMITTEE 2026.03.06 Page 21 of 67 TDM and Affordable Housing Page 22 of 67 TDM and Affordable Housing • The Affordable Projects standards would apply to the CHT and Cathedral Square buildings at Cambrian Rise if not for the Waiver of Maximum Parking Limitations that was approved for the entirety of the Planned Unit Development in April 2022. Page 23 of 67 TDM and Affordable Housing Topics to address in an amendment: • Amend Sec. 8.1.9(c) 7 Waiver of Maximum Parking Limitations to state explicitly that Affordable Projects shall only comply with the education and outreach requirement (Sec. 8.1.16(c) 1) and TDM agreement (Sec. 8.1.16(c) 4) • Clarify via explicit language that “Affordable Projects” within a Planned Unit Development shall only comply with the education and outreach requirement (Sec. 8.1.16(c) 1) and TDM agreement (Sec. 8.1.16(c) 4) Page 24 of 67 ZA-26-03 Amends Sec. 8.1.9-1, Maximum Off-Street Parking Requirements: A. The applicant requesting the waiver shall also provide: (i) a peak demand parking study for two similar uses in the area; and, (ii) a TDM Plan pursuant to the requirements of Sec. 8.1.16, provided that Affordable Projects shall only be required to comply with Sections 8.1.16(c) 1 and 8.1.16(c) 4, as stated in Table 8.1.16-1. Page 25 of 67 ZA-26-03 Amends Table 8.1.16-1 Transportation Demand Management Program Required: Project Type Applicable Projects Affordable Projects Small Projects • Creation of 10 or more Projects involving one or more Creation of five dwelling units "Applicable Projects" and that also (5) to nine (9) • A non-residential or Mixed contain at least 75% of dwelling units dwelling units Use development with a meeting or exceeding the affordability building footprint of eight criteria of Article 9, Inclusionary & thousand (8,000) sq.ft. Or Replacement Housing, or housing more; or the creation of rented to tenants receiving federal or fifteen thousand (15,000) state rental assistance including sq.ft. Or more of gross buildings within a Planned Unit floor area Development that meet or exceed the above criteria Applicable All provisions of Sec. 8.1.16 Sec. 8.1.16 (c) 1. and Sec. 8.1.16 (c) 4. Sec. 8.1.16 (c) TDM Sections (c) only 3. b. only Page 26 of 67 Page 27 of 67 Page 28 of 67 Page 29 of 67 Page 30 of 67 Page 31 of 67 Page 32 of 67 Page 33 of 67 Page 34 of 67 Pearl St. Cherry St. St . Pa u l St . B atte ry St . S. W in o o sk i Ave . C h u rc h St . Bank St. Alley, No fence Alley, Fence in 2nd Lot Layer Walkway, No fence College St. S. C h am p la in St . P in e St . Main St. Page 35 of 67 Examples of current fences in the Downtown Form Districts located in the 2nd Lot Layer Page 36 of 67 Page 37 of 67 ZA-26-02 planBTV Downtown Form Code Fences CITY COUNCIL ORDINANCE COMMITTEE 2026.03.06 Page 38 of 67 planBTV Downtown Code Fences Purpose of proposed changes: § Downtown business owners, their employees, and service providers are facing ongoing challenges related to substance use, hygiene, and safety, particularly in alleys & service areas. § Due to the rigidity of the planBTV Downtown Code, the Development Review Board has requested a zoning amendment that provides more allowance for taller fences in Burlington’s downtown districts. Page 39 of 67 Process Overview 9/18 – Initial discussion with Planning Commission as part of ZA-26-01: Technical Amendments & Minor Revisions. 10/14 – Discussed by the Planning Commission as it’s own zoning amendment (ZA-26-02). Referred by the Planning Commission to the PC’s Ordinance Committee. 11/24 – PC Ord. Committee reviewed and proposed new language to refer back to the full Planning Commission 12/9 – PC warned amendment for a Public Hearing with minor revision and the understanding there will be a prior discussion by the PCOC related to recessed entries. 12/17 – Presentation to Church Street Marketplace Commission 1/7 – PCOC recommended that standards related to recessed entries be removed from the amendment. 1/7 – Presentation to Ward 3 NPA 1/13 – Planning Commission recommended amendment to City Council after Public Hearing 2/6 – City Council Ordinance Committee Meeting #1 Page 40 of 67 Where does the planBTV Downtown Code (Article 14) Apply? FD5 Downtown Core FD6 Downtown Center City Hall Page 41 of 67 ne Li y ert o p Pr Façade of Principal Building 1st Lot Layer Property/Frontage Line Page 42 of 67 3rd Lot Layer 2nd Lot 20 ft Layer 1st Lot Layer Page 43 of 67 § First Lot Layer: that portion of a Lot between the Frontage Line and the Façade of a Principal Building. § Second Lot Layer: that portion of a Lot extending 20 feet back from and parallel to the Façade of a Principal Building. 3rd Lot Layer § Third Lot Layer: that portion of a Lot bounded by (a) the Second Lot Layer and (b) the Rear Lot Line. 2nd Lot 20 ft Layer 1st Lot Layer Page 44 of 67 planBTV Downtown Code Fences Initial Scope of Amendment: § Height: This amendment was initially intended to address the height of fences in the first lot layer of the Downtown Form Code District, increasing the allowable height to 6ft. § Other considerations apply, including height limitations for fences near intersections and more allowances via Alternative Compliance § Fences in the first lot layer are not allowed to be chain-link or welded wire along any frontage line. § With the exception of the temporary 20 enclosure of a construction site, or where required by the Building Official to protect public safety. Page 45 of 67 ZA-26-02 Additional Considerations § Materials used for Fences: § The PC and PCOC acknowledge that there is a significant financial difference between a chain-link fence and one made of the permitted materials, like those made of aluminum. § The Planning Commission, as well as the PCOC are supportive of allowing for chain-link and welded wire fences in the first lot layer to enclose alleyways and loading docks. Page 46 of 67 planBTV Downtown Code Fences Additional Considerations – Alternative Compliance - Sec. 14.7.3 (a) § DRB Alternative Compliance: Relief from any non-numerical standard, and any numerical standard by no more than 20% of such requirement or an additional 10% beyond any Administrative Relief permitted in Table 14.7.3-A, may be granted by the Development Review Board after review and recommendation by the Design Advisory Board and a Public Hearing. Page 47 of 67 planBTV Downtown Code Fences DRB Alternative Compliance: Decisions by the DRB regarding any Alternative Compliance granted shall be made in writing and upon affirmative findings that: A. The relief sought is necessary in order to accommodate unique site and/or Building circumstances or opportunities; B. The relief if granted is the minimum necessary to achieve the desired result; C. The property will otherwise be developed consistent the purpose of this ordinance, the intent of the Form District, the intent and purpose of the section that the relief is being sought, and all other applicable standards; D. The relief if granted will not impose an undue adverse burden on existing or future development of adjacent properties; and, E. The relief if granted will yield a result equal to or better than strict compliance with the standard being relieved. Page 48 of 67 ZA-26-02: 3 Scenarios Discussed Scenario 1: Fences 6 feet in height (not made of chain-link or welded wire) are allowed in the first lot layer anywhere* in the Downtown Form Code district. Yes No Page 49 of 67 planBTV Downtown Code Fences Scenario 2: Fences 6 feet in height (not made of chain-link or welded wire) are allowed in the first lot layer anywhere* in the Downtown Form Code district. Chain Link or welded-wire may be used if they are enclosing alleyways or loading docks. Yes Allowed in alleyways & loading docks in alleyways Page 50 of 67 Example: 93 S. Winooski Ave. § Recently denied a permit for the proposed installation of 6-foot tall see-through fencing. § Concerned with trespassing on property. In narrative, applicant notes that: Proposed 6ft Fence § “A fence presents a somewhat visual barrier, even a see-through panel fence as is desired. People loitering in the area are also a real barrier to people trying to peacefully walk by on the sidewalk. It is desired that the fence to be installed match the neighboring fence to Proposed 4ft Fence* the south of the property. The effect of the neighboring six-foot fence appears to be that loitering there has largely stopped.” *Note: For this proposed fence to be permitted, the proposed 4 foot tall fence would need to conform to the 3’ height limit for roadway intersections. Page 51 of 67 planBTV Downtown Code Fences Scenario 3: Fences 6 feet in height are allowed only if they are used to enclose an alleyway or loading dock within an alleyway. Chain-link or welded wire may be used along the frontage line if they are located in alleyways or loading docks within alleyways. Allowed only in alleyways & loading docks in alleyways Page 52 of 67 planBTV Downtown Code Fences 3 Scenarios discussed by Planning Commission 1. Fences 6 feet in height (not made of chain-link or welded wire) are allowed in the first lot layer anywhere* in the Downtown Form Code district. 2. Fences 6 feet in height (not made of chain-link or welded wire) are allowed in the first lot layer anywhere* in the Downtown Form Code district. Chain Link or welded-wire may be used if they are enclosing alleyways or loading docks. 3. Fences 6 feet in height are allowed only if they are used to enclose an alleyway or a loading dock within an alleyway. Chain-link or welded wire may be used along the frontage line if they are located in alleyways or loading docks within alleyways. Page 53 of 67 Amends Sec. 14.6.8 (a) v. A - B Fences and Free Standing Walls: Fences and Free-standing Walls: A. Fences and Free-standing Walls placed within the First Lot Layer shall not exceed 4-feet in height, except for see-through fences which shall not exceed 6 feet in height and shall only be used to enclose an alleyway or loading dock located within an alleyway. Fences and Free-standing Walls placed within the Second or Third Lot Layer shall not exceed 8-feet in height unless a different height limit is specified under the applicable Form District or Frontage Type. B. Materials used for Fences and Free-standing Walls shall be limited to Brick and tile masonry; Native or sintered stone; Wood – panels, clapboard or shingles; Cementitious siding, metal, and woven or braided cable wire. Chain-link and welded-wire fencing shall not be used along any Frontage Line with the exception of, alleyways or loading docks located within an alleyway, the temporary enclosure of a construction site, or where required by the Building Official to protect public safety. Barbed or razor wire shall not be used in any application. Alternate materials may be approved by the Administrative Officer after seeking input from the Design Advisory Board. Alternate materials must be considered equivalent or better than the materials listed above, and must demonstrate successful, high quality local installations. Regionally-available materials are preferred. C. All fences and free-standing walls shall be installed so that a finished side faces outward towards the adjacent property or public Frontage. Page 54 of 67 February 2026 Fence / gate comparison Retailer Style Type Dimensions Price Lowes Metal picket 2 piece 18’ X 6’ $2,778 - $2,805 driveway gate Chain link 2 piece 20’ X 6’ $748 driveway gate Wooden stockade NA NA NA driveway gate Home Depot Metal picket 2 piece 18’ X 6’ $2,699 driveway gate 1 piece $2,786 Chain link 2 piece 20’ X 6’ $548 driveway gate Wooden stockade NA NA NA driveway gate Middlebury Fence Metal picket 2 or 1 piece 18’ X 6’ $8 - $10K driveway gate Chain link 2 or 1 piece 18’ X 6’ $3,500 driveway gate Wooden stockade 2 piece 18’ X 6’ $4,500 - $5K driveway gate 1 piece $6,000 Add ~ $1,500 - $2,000 for installation. Add ~ $600 for automatic opener. Page 55 of 67 Page 56 of 67 Page 57 of 67 Page 58 of 67 Page 59 of 67 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 in a clear manner 18 and proximate to the point of payment prior to the consumers purchase. The notice shall include 19 information about when and for how long such a hold is initiated, the dollar amount of such hold, and 20 how a consumer may avoid a preauthorization hold (ie.if the consumer can go inside and prepay with 21 a PIN to avoid a hold). 22 2) PARKING RATES FOR PARKING GARAGES/LOTS 23 All privately owned parking garages/lots shall clearly post at the entry, so that it is visible from the 24 roadway and prior to consumers entering the garage/lot, the following: 25 (A) whether the lot/garage is open to the public; 26 (B) signage that shall include the words “privately-owned”; Page 60 of 67 Page 2 CONSUMER PROTECTION An Ordinance in Relation to BCO Ch. 21, Art. I 27 (B) the rates for the lot/garage; 28 (D) if the lot/garage uses dynamic or changing pricing models, clearly and visible disclose that 29 and the maximum possible rate the consumer could pay; 30 (E) hours of operation; 31 (F) a contact to call if there is an issue; and 32 (G) whether there is a charge for handicap parking and if so, that the consumer may park on the 33 street or in city-owned lots for free. 34 35 (d) EFFECTIVE DATE 36 The effective date of this ordinance shall be July 1, 2026. Thereafter, there shall be a one-time courtesy 37 warning to come into compliance for an additional sixty (60) days. 38 39 * Material stricken out deleted. 40 ** Material underlined added. 41 42 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I 43 Sec. 21-8. 44 3/4/2026 Page 61 of 67 Page 62 of 67 Page 63 of 67 Page 64 of 67 Page 65 of 67 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 in a clear manner 18 and proximate to the point of payment prior to the consumers purchase. The notice shall include 19 information about when and for how long such a hold is initiated, the dollar amount of such hold, and 20 how a consumer may avoid a preauthorization hold (ie.if the consumer can go inside and prepay with 21 a PIN to avoid a hold). 22 2) PARKING RATES FOR PARKING GARAGES/LOTS 23 All privately owned parking garages/lots shall clearly post at the entry, so that it is visible from the 24 roadway and prior to consumers entering the garage/lot, the following: 25 (A) whether the lot/garage is open to the public; 26 (B) signage that shall include the words “privately-owned”; Page 66 of 67 Page 2 CONSUMER PROTECTION An Ordinance in Relation to BCO Ch. 21, Art. I 27 (B) the rates for the lot/garage; 28 (D) if the lot/garage uses dynamic or changing pricing models, clearly and visible disclose that 29 and the maximum possible rate the consumer could pay; 30 (E) hours of operation; 31 (F) a contact to call if there is an issue; and 32 (G) whether there is a charge for handicap parking and if so, that the consumer may park on the 33 street or in city-owned lots for free. 34 35 (d) EFFECTIVE DATE 36 The effective date of this ordinance shall be July 1, 2026. Thereafter, there shall be a one-time courtesy 37 warning to come into compliance for an additional sixty (60) days. 38 39 * Material stricken out deleted. 40 ** Material underlined added. 41 42 ks/Ordinances 2026/Consumer Protection/BCO Ch. 21, Art. I 43 Sec. 21-8. 44 3/4/2026 Page 67 of 67