Ordinance Committee — Burlington, VT
Date: 2026-02-06
Time: 14:00

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

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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

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


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  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


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  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


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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


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 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


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Page 28 of 40
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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;



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 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;



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 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

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.




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