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Home My WebLink AboutAgenda - Planning Commission - 02/23/2022South Burlington Planning Commission 180 Market Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Wednesday, February 23, 2022 City Hall, 180 Market Street, Auditorium 7:00 pm Members of the public may attend in person or digitally via GoToMeeting. Participation Options: • In Person: City Hall Auditorium, 180 Market Street • Interactive Online: https://zoom.us/j/93948537997 • Telephone: (929) 205 6099; Meeting ID: 939 4853 7997 AGENDA: 1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm) 2. Open to the public for items not related to the agenda (7:02 pm) 3. Announcements and staff report (7:05 pm) 4. Commissioners’ Reports from Committees (7:10 pm) 5. *Review of Draft Amendments to the Land Development Regulations related to a General PUD, Civic Space/Site Amenity requirements, and design standards in Site Plan 6. *Consider possible action to Public Hearing on proposed amendments to the Land Development Regulations and Approve accompanying Planning Commission Report. 7. *Meeting Minutes (8:50 pm): February 8, 2022 8. Other Business (8:55 pm) 9. Adjourn (9:00 pm) Respectfully submitted, Paul Conner, AICP Kelsey Peterson Director of Planning & Zoning City Planner * item has attachments South Burlington Planning Commission Virtual Meeting Public Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure that everyone has a chance to speak and that meetings proceed smoothly. 2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting / commenting will have their video on. 3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. 4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally state your interest in commenting, or type a message in the chat. 5. Once recognized by the Chair, please identify yourself to the Commission. 6. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to to complete the agenda. 7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others when they are speaking. 8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications of support are most efficiently added to the chat. 9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other participants to address the Commission before addressing the Commission for a second time. 10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and influence public opinion on the matter. 11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com. 12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice- Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official meeting minutes. 13. In general discussions will follow the order presented in the agenda or as modified by the Commission. 14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help guide participants. 15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”. 180 Market Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sb vt.gov MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning; Kelsey Peterson, City Planner SUBJECT: Planning Commission Meeting Memo DATE: February 23, 2022 Planning Commission meeting 1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm) 2. Open to the public for items not related to the agenda (7:02 pm) 3. Announcements and staff report (7:05 pm) • OnLogic facility approved. The DRB issued a final Site Plan approval for a second OnLogic facility in South Burlington, to be located on Community Drive west of the FedEx Facility. • Bids have been received for construction of a crosswalk at Kennedy Drive / Twin Oaks Drive • A scoping study is underway for improving the bicycle/pedestrian connections along and in the vicinity of Queen City Park Road, from Shelburne Road to Oakledge Park. This is a joint South Burlington/Burlington project. The project team will be presenting alternatives at a public meeting hosted by the SB Bike/Ped Committee on March 9th, 5:30 pm. • The Champlain Valley Conservation Partnership (of which SB is a founding member) has established a focus area for conservation work within the region. The goal of this project was to prioritize projects and share priority areas with other partners. You can see the map and read our new outreach piece on the website here. 4. Commissioners’ Reports from Committees (7:10 pm) 5. *Review of Draft Amendments to the Land Development Regulations related to a General PUD, Civic Space/Site Amenity requirements, and design standards in Site Plan (7:20 pm) Staff has updated the General PUD draft based on the feedback from Planning Commissioners at the previous Planning Commission meeting and after review of other related sections of the LDRs. There are four primary, substantive amendments: • Adding the General PUD section (15.C.07) and related edits to Planned Unit Development (15.C.02 and 15.C.04), • Adding Civic Space requirements to Site Plan (14.06(D)) and to Subdivision (15.A.16(B)) plus edits to Civic Spaces/Site Amenities Table (Article 11.B), • Adding additional clarification in design standards in Site Plan (14.06(A)(1) and 14.06(C)(3)), • Removing one type of development from Master Plan applicability (15.B.02(4)). There are also a few consistency edits in other sections to rectify conflicts with these changes. 2 General PUD As discussed at recent PC meetings, the General PUD would be a completely new section added to the LDRs, included similarly as the CON PUD and TND PUD under Section 15.C. The purpose of the General PUD is to allow for greater flexibility in infill and redevelopment sites, provide a path for amendment to previously- approved PUDs, and provide flexibility to developments when the development meets additional City goals of context compatibility, flexibility in meeting density requirements, and/or energy efficiency or climate change mitigation. Since the previous draft, it has been structured for better logical flow and ease of use for both the City and for applicants. The DRB Limitations have been cleaned up to read more clearly and the across-the-board prohibition on varying the height standards has been removed. Applicability (Subsection C) has been restructured to refer to Table 15.C-1 (in the PUD standards – 15.C). The zones where the General PUD is allowed are listed expressly, instead of being referred to as where other PUDs are not. Subsection (C)(2) [Allowance for the General PUD in the R7-NC District along Arterial Roads] remains effectively as written – Staff would request the Planning Commission consider how or if this section should be included in this draft. We have reached out to the likely most-affected landowner and have not received feedback. Finally, the minor amendments to existing PUD have been clarified to state that the General PUD is not the mechanism for amendments for any approved CON or TND PUDs. Compatibility and Context has been edited to make clear that current zoning is secondary to planned character and development patterns in an area and should be considered as the standalone basis for “context” only if the current and future use is clearly consistent with current zoning. The remaining sections include minor edits and clarifications. There is an additional reference to the Subdivision and Site Plan standards for Civic Spaces and Site Amenities (more fully explained below). There is also a new subsection (I)(6) that requires a mix of dwelling unit types if a General PUD includes more than four residential dwelling units. Staff requests the Planning Commission discuss this provision as well. Civic Spaces Civic Space and Site Amenity requirements have been removed from the General PUD section and added to the Subdivision and Site Plan sections. In Subdivision, we have added 15.A.16(B)(d), which allows for the DRB to credit an application up to 50% of their requirement for demonstration of nearby publicly-accessible open space, but only for subdivisions under 6 acres in size. This is intended to allow for flexibility on small sites, including small General PUDs, while still requiring on-site Civic Space for larger subdivisions. Small sites are both more space-constrained (potentially making meeting the full requirement difficult) and at closer distances to surrounding areas which makes it more practical and reasonable to count surrounding community spaces as assets to the development. A Site Amenity requirement has been added to Site Plan (14.06(D)) which requires Site Amenities for new development of non-residential space (including the added area of an addition or expansion) over 5,000 SF and for all residential development (including conversion from non-residential to residential space). It also makes clear that this does not apply in the Form-Based Code area, as 8.08 governs there. Article 11.B has been expanded to include two new Site Amenities: Indoor/Outdoor Space and Private Porch or Balcony. Details are provided in the table. The intention is to allow more spaces to be counted as Site 3 Amenities, especially on sites that are otherwise limited on ground-floor, outdoor space. Staff requests the Planning Commission discuss the inclusion of these additional options. Design Standards Design standards have been moved from General PUD to Site Plan to provide further guidance to the DRB and to have these standards be generally applicable. They are now in 14.06(A)(1) and (C)(3). DRB staff provided the feedback that the DRB already uses similar kinds of standards in their analyses under those sections, but having express standards will add clarity. Master Plan Applicability Staff has removed “(4) Multiple Structures on a Single-User Lot or Complex, in accordance with Section 3.09.” from being automatically required to have a Master Plan under 15.B.02(A). As noted at the last meeting, this requirement is overly burdensome, especially for small parcels with pre-existing multiple structures. The other sections cover many larger complexes and developments and parcels to which only (4) would have applied tend to be much smaller, less complex, and with less change occurring (because Major Subdivision, phased development, and PUDs require a Master Plan under sections (1), (2) and (3), respectively). Consistency Edits Two additional sections required edits to accommodate or be consistent with the substantive changes: Waiver of Maximum Height Requirements (3.07(D)) and Open Space Requirements (8.08(D)(1). 6. *Consider possible action to Public Hearing on proposed amendments to the Land Development Regulations and Approve accompanying Planning Commission Report. Enclosed please find a draft Planning Commission Report to accompany the draft amendments. If the Commission is prepared to advance the draft amendments (with or without modifcaitons) to a public hearing, it may do so. A possible motion would be: “I move to approve the Planning Commission Report and to warn a public hearing on the draft amendments to the Land Development Regulations included in this meeting’s packet [as modified] for March 22, 2022”. 7. *Meeting Minutes (8:50 pm): February 8, 2022 8. Other Business (8:55 pm) 9. Adjourn (9:00 pm) ARTICLE 3 GENERAL PROVISIONS 3-1 South Burlington Land Development Regulations 3 GENERAL PROVISIONS . . . 3.07 Height of Structures . . . 3.07 Height of Structures . . . D. Waiver of Maximum Height Requirements (1) Larger Rooftop Apparatus. Larger Rooftop apparatus, as defined under Heights in these Regulations, and steeples for places of worship that are taller than normal height limitations established in Table C-2 above may be approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Uses. (2) R12, IA, PR, MU, C1-Air, C1-LR, AR, SW, IO, C2, Mixed IC, AIR, and AIR-IND Districts. (a) Except within a Planned Unit Development, an applicant may seek approval from the Development Review Board for the height of one or more structures to exceed the limitation set forth in Table C-2 for structures within these zoning districts. Within a Planned Unit Development, the ability of an applicant to seek approval for a structure to exceed the limitation in Table C-2 is heights are established by PUD type. (b) Submittal requirements. Any request for additional height shall be made in writing at the time of application for a Site Plan. The request must include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre-construction grade, post-construction grade, and height of the structure, and any supplemental information the Development Review Board deems necessary in order to render a decision. (c) Standards of Review. (i) Demonstration of Compliance with the Provisions of Section 14.06 and 14.07; and, (ii) Demonstration that the proposed structure will not have an undue adverse effect on scenic views from adjacent public roadways and other public rights-of-way. DRAFT Page 1 of 18 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-1 South Burlington Land Development Regulations 8 CITY CENTER FORM BASED CODE DISTRICT . . . 8.08 Open Space Requirements . . . 8.08 Open Space Requirements D. General Civic Space / Site Amenity Notes (1) In all Transect Zones, only Civic Space / Site Amenity areas meeting the requirements of Appendix F Article 11.B and this article shall count towards the minimum qualifying requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Civic Space / Site Amenities. A divider between a parking lot and a qualifying street type shall be considered qualifying where applicable and allowable. DRAFT Page 2 of 18 ARTICLE 11.B Civic Space / Site Amenity Requirements Type Civic Space Civic Space Civic Space Civic Space Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Civic Space; Site Amenity Neighborhood Park Greenway Green Square Plaza Pocket Park Pocket Plaza Playground Community Garden FBC applicability (where may be located) T3, T3+, T4 T3, T3+, T4 T3, T3+, T4 T4, T5 T4, T5 All T4, T5 All All Site Plan applicability outside FBC All Site Plans All Site Plans All Site Plans Subdivision / PUD Applicability All Subdivision / PUD Types All Subdivision / PUD Types CON, TND, NCD All Subdivision/PUD Types TND (8+DU/A), NCD, IRD, General, All Non-PUD Subdivision NCD, IRD--Mixed Use, General, All Non-PUD Subdivisions All Subdivision / PUD Types NCD, IRD--Mixed Use, General, All Non-PUD Subdivisions All Subdivision / PUD Types All Subdivision / PUD Types Description Informal, primarily natural green space managed for passive unstructured recreation, limited structured recreation, and community gatherings, events Linear, informal, primarily natural green space that typically borders and may incorporate a natural feature such as a riparian or habitat corridor, or a connecting recreation or pedestrian path Informal but well-defined natural and landscaped green space, designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events Formal, well-defined and landscaped, outdoor living space designed and managed for passive, unstructured recreation, limited structured recreation, social interaction, and neighborhood gatherings, events Formal, well-defined, landscaped and hardscaped outdoor living space, designed and managed for foot traffic, social interaction, civic and commercial activities and events, and use by adjoining businesses A small, landscaped green space, designed and managed as an outdoor living "room" for more limited passive recreation and social interaction. A small, formally landscaped and hardscaped outdoor area or "room," designed and managed for foot traffic, social interaction, and limited civic and commercial activities Open space designed and equipped for children; may be included in other open/civic space types Open space consisting of a grouping of garden plots for use by neighborhood residents; may be included in other open/civic space types Service Area Intended to serve multiple neighborhoods located within walking or biking distance (1/2 mile) of the park. Typically located between adjoining neighborhoods. May also serve as a buffer area between incompatible development Intended to serve and connect multiple neighborhoods, open space areas, public facilities, and mixed use centers, as part of the City's planned open space and recreation path network. Typically located within edge/buffer areas; may serve as a buffer area between incompatible development Intended as the focal point of a residential or mixed use neighborhood that serves to enhance neighborhood identity and character, and accommodates neighborhood gatherings and events. Typically centrally located to the area (streets, blocks) it serves Intended to serve as a focal point, and outdoor living space, in a more urban, higher density residential or mixed use neighborhood. Typically centrally located to the area (streets and blocks) it serves; may also front civic buildings Intended to serve adjacent sites on a street or block face within a more densely developed commercial or mixed use area. Typically located at a street intersection, but may also be located midblock. Intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. Especially suited for infill development in neighborhoods that lack open space. More urban version of a pocket park; intended to serve the immediate area (street, block) within walking distance (1/4 mile), including adjoining residences and businesses. Typically located mid-block, or on a street corner. May be a type of civic space, feature within a civic space, or a building amenity. May be a type of civic space, feature within a civic space, or a building amenity. Typical Features Paths, trails, trees, ballfields, playground, dog park, play area, community garden, small accessory structures, seating; may include a small farm in appropriate context; may include limited onsite parking. Recreation path, trail, trees, small accessory structures, water fountains, seating areas, overlooks; vehicle parking limited to access points/trail heads Paths, trails, seating areas, trees, gardens, public art, small accessory structures; no onsite parking Formally arranged paths, trees, gardens, seating areas, public art, fountains, small accessory structures, no onsite parking Seating areas, vendor areas, public art, fountains, ornamental trees, planters, small accessory structures/buildings; no onsite parking Path, seating area, trees, gardens, community garden playground, public art, small accessory structure; no onsite parking Seating area, vendor area, public art, fountain, ornamental trees, planters, small accessory structures; no onsite parking Playground equipment, fountains, small accessory structure (e.g., shelter), seating area Garden plots, accessory facilities/structures (e.g., water source, equipment shed); limited/no parking Lot Size Minimum: 3 acres Maximum: None Minimum Width: 50 FT No minimum length or overall size; but must be designed to serve the entire development, and to connect to the existing or planned path or open space network in the vicinity of the project Minimum: 20,000 SF Maximum: 120,000 SF Minimum: 20,000 SF Maximum: 80,000 SF Minimum: 20,000 SF Maximum: 60,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF Maximum: 20,000 SF Minimum: 2,000 SF as a Civic Space; 1,500 SF as a Site Amenity Minimum: 5,000 SF as a Civic Space Lot Coverage 0% Min, 30% max 0% Min, 30% max 0% Min, 20% max 0% Min, 30% max 60% min, 100% max 0% min, 50% max 60% min, 100% max Frontage Independent of building frontage; typically fronts on at least one public street; and may be accessed via one or more streets, recreation, or pedestrian paths. Independent of building frontage or bordering streets, but a street may serve as a boundary. Typically accessed via intersecting streets, recreation, or pedestrian paths. In developed areas, maybe spatially defined by landscaping or attractive fencing. Typically has frontage on two or more streets with adjacent buildings and main building entrances facing the Green. Civic building lots, where present, also border and front on the Green. Typically has frontage on one or more streets, with adjacent buildings and main building entrances facing the Square. Civic building lots, where present, typically also border and front on the Square. Typically has frontage on one or two streets, with adjacent buildings that front on or have public entrances facing the Plaza. Prominent civic buildings, where present, may also front on the Plaza. Typically has frontage on one or two streets; and may be spatially separated from adjoining properties by attractive fencing and landscaping that define the space. Typically has frontage on one or two streets, and is defined and enclosed by adjacent building facades, with compatible architectural elements, such as low walls, screening, or fencing and landscaping that define the space. If a civic space, must be accessible from public street If a civic space, must be accessible from public street Other:May also serve as a feature within a different applicable Civic Space (1) See "Shared Garden Space" for the Site Amenity version of this use. (2) may also serve as a feature with Notes: Neighborhood Civic Spaces may include or incorporate stormwater management practices. Any such practice must be designed to service the description and service intent of the applicable service space type and complement the features. The Board may exclude stormwater practices from the calculation of minimum civic space requirements where it finds the practices to be excessive to the primary purpose of the civic space type South Burlington Land Development RegulationsDRAFT Page 3 of 18 ARTICLE 11.B Civic Space / Site Amenity Requirements Type Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Site Amenity Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Shared Garden Space Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Indoor/Outdoor Space Private Porch or Balcony Private Yard Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Wooded Area Applicability FBC applicability (where may be located) All FBC Districts (must be associated with a restaurant) Buildings having 3 or more stories in T4 and T5 T4, T5 All FBC Districts All FBC districts. All FBC districts All FBC districts; Parcels with land within the Urban Design Overlay District T4, T5 All FBC districts T4, T5 T-3 and T3+ T-3 and T3+ Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. Site Plan applicability outside FBC All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans All Site Plans Description & Service Intent An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Land set aside and maintained for production of food to be used primarily for participating gardeners. A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. Indoor common area with direct access to a ground or upper-level outdoor space. For residential uses. Private porch balcony for use by residents of an individual dwelling unit Private yard space associated with a residential unit. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimally necessary for water resource management. Naturally occurring area with predominance of canopy trees with enhancement and public access. Size Minimum 100 sq. ft. 500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall. 5,000-20,000 sq. ft. Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 600-4,000 sq. ft. 8' minimum width; 24' maximum width. 50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Minimum 300 sq. ft. indoors and 600 sq. ft. total Minimum 6' depth and 8' width. If Balconies / Porches are not accessible to every residential unit, the total area may not count as more than 50% of the minimum required qualifying open space As directed by minimum requirements. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. 2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Location & Access Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non- Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space available and inviting to the general public. Physically defined by surrounding buildings on three or four sides. May not be located in any class wetland or wetland buffer. Shall have proper drainage. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or operable building entry. Applicants are encouraged to consider lighting and safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Available for use by residents of a building Directly adjacent to and accessible to at least one entry of the associated dwelling unit. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. Seating*, Tables, Etc. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 seating spaces. None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is required and can be counted as part of the required open space. Seating must be the main focus of the space. Seating must be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type. One seating space for each 150 sq.ft. Seating is encouraged, but there shall be no minimum requirement. Must be appropriately furnished to meet service intent No requirements. No requirements. If functional for sitting and viewing, seating can be ledges, benches, and/or stairs. Light enhancement expected. Must include improvements, including cleared paths and benches. Landscaping, Design- For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Deep rooted native plants and grasses. Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it. Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 50 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. Landscaping and seating must be appropriate designed to meet service intent No requirements. No requirements. Landscaping, lawns or planned seating/dining areas (patios and decks) are encouraged. LID techniques; no fencing permitted. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Commercial Services, Food May serve as seating area for adjacent restaurant/food service, or be space provided for Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 30% of area may be used for restaurant seating taking up no more than 30% of the Not permitted Not permitted. Not permitted. Permitted 40% of area may be used for restaurant seating. Not permitted.Not permitted.Not permitted.Not permitted. Not permitted. Not permitted. Sunlight and Wind Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of Sunlight to sitting areas for most of day. Full sunlight. Appropriate to the plant species selection. No requirements No requirements. No requirements. No requirements. Exterior to building. Appropriate to the plant species selection. No requirements Other Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. See LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. Notes: Seating dimensions: *Required dimensions for one seating space or one seat are as follows: Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30- 36" double-sided Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. South Burlington Land Development RegulationsDRAFT Page 4 of 18 14-1 South Burlington Land Development Regulations 14 SITE PLAN and CONDITIONAL USE REVIEW . . . 14.06 General Review Standards . . . 14.06 General Review Standards Except within the City Center Form Based Code District, the following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. A. Relationship of Proposed Structures to the Site. (1) The site shall be planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate parking areas. The DRB shall consider the following: (a) Street Frontage. Maintain internally-consistent building setbacks and landscaping along the street. (b) Building Placement, Orientation. Maintain or establish a consistent building orientation to the street and, where a prevalent pattern exists, the relationship of the building foundation to topography and grade. (c) Transition Contrast in Scale. Minimize and mitigate abrupt contrast in scale between existing, planned or approved, and proposed development. (d) Pedestrian Orientation. Improve and enhance pedestrian connections and walkability within the area proposed for development. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. (i) The parking area is necessary to meet minimum requirements of the Americans with Disabilities Act; (ii) The parking area will serve a single or two-family home; (iii) The lot has unique site conditions, such as a utility easement or unstable soils, that allow for parking, but not a building, to be located adjacent to the public street; DRAFT Page 5 of 18 14-2 South Burlington Land Development Regulations (iv) The lot contains one or more existing buildings that are to be re-used and parking needs cannot be accommodated to the rear and sides of the existing building(s); (v) The principal use of the lot is for public recreation; or (vi) The lot is located within the Mixed Industrial-Commercial Zoning District and meets the following criteria: (I) The lot is located in an approved subdivision where the parking on each lot in the subdivision is proposed to be located between the building or buildings on each lot and the public street so that a significant greenspace surrounded by buildings may be incorporated similar to a college campus style “quad”, as detailed below. (II) The parking on any lots that include a part of the greenspace shall be aligned in a similar fashion so that the buildings are located between the greenspace and the parking and so that the parking is located between the buildings and the public street to maintain the integrity and continuity of the greenspace . (III) The minimum required total area of the greenspace shall be 150,000 square feet. For purposes of this subsection 14.07(B) (2)(b)(vi), “greenspace” shall be defined as a consolidated and continuous landscaped area located across more than two lots in the approved subdivision, similar in nature to a common open space, largely surrounded by buildings, but shall not include building or impervious parking areas. The greenspace may extend between buildings, but shall not extend beyond the building line of the principal building on each lot that includes a portion of the greenspace. The greenspace shall consist of pervious surfaces such as lawns, trees, plantings, wetlands, and gardens, and may include impervious landscape features, such as path networks, sculptures, gazebos, water features, footbridges, sitting areas, stone walls, and other features and amenities that may be built within and throughout the greenspace in order to create a more attractive and enjoyable environment. The area of the greenspace shall be calculated by measuring and adding the portion of the total greenspace defined on the site plan for each lot in the approved subdivision that includes a portion of the greenspace. (vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s) on the lot; (I) In order to further reduce the likelihood of such conflicts, this exception to the general requirements for parking is only available when the uses of the lot(s) are limited to: 1. Distribution and related storage 2. Light manufacturing 3. Manufacturing 4. Processing and Storage 5. Warehousing and Distribution (II) The parking shall be limited as follows: 1. No more than 25% of the total parking on the lot shall be located between a public street and the building(s); 2. Parking shall be predominantly screened from the roadway with landscaping features, and separated from the roadway’s sidewalks or multi-use paths by one or more of the following Qualifying Open Spaces (as defined in Article 11.B, except for the location standards which are superseded by this subsection): Pocket/Mini Park; Wooded area; DRAFT Page 6 of 18 14-3 South Burlington Land Development Regulations Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-of-way, and (3) provide for additional usable open space on the parcel. The open space shall represent a minimum of 35% of the total square footage of the parking spaces (not including circulation infrastructure) proposed to be located in front of the building. 3. The minimum required landscaping budget established by the Development Review Board pursuant to Section 13.04 shall increase by a percentage that is equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) on a lot. Of this total increased landscaping budget, the percentage that must be dedicated to installation of landscaping in the front yard shall be equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) (e.g., if the minimum required landscaping budget before any increase was $100,000, and if 10% of the total parking for the lot is proposed to be located between a public street and the building(s), then the minimum required landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in the front yard). 4. The applicant shall construct a safe, paved pedestrian access from the street to the building’s main entrance. 5. The parking layout and circulation shall not interfere with safe pedestrian access from the street to the building’s main entrance. (c) Parking area width. Surface parking areas and affiliated drive aisles located to the side of buildings shall not exceed the width of building(s), Civic Spaces, and Site Amenities width along any street frontage. This may be calculated separately or cumulatively for corner lots. Parking approved pursuant to 14.07(B)(2)(b) shall be exempt from this subsection. (d) For through lots, parking shall be located to the side of the building(s) or to the front of the building adjacent to the public street with the lowest average daily volume of traffic. Where a lot abuts an Interstate or its interchanges, parking shall be located to the side of the building(s) or to the front adjacent to the Interstate. Parking areas adjacent to the Interstate shall be screened with sufficient landscaping to screen the parking from view of the Interstate. (3) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing or anticipated adjoining buildings. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) Proposed structures shall be related harmoniously to themselves, the terrain and to existing buildings and roads in the vicinity that have a visual relationship to the proposed structures. (3) To accomplish (1) and (2), the DRB shall consider: DRAFT Page 7 of 18 14-4 South Burlington Land Development Regulations (a) Pattern and Rhythm. Update or maintain or extend the overall pattern of development defined by the planned or existing street grid, block configurations, position and orientation of principal buildings, prevalence of attached or detached building types. (b) Architectural Features. Respond to recurring or representative architectural features that define neighborhood character, without adhering to a particular architectural style. (c) Privacy. Limit impacts and intrusions to privacy on adjoining properties, including side and back yard areas through context sensitive design. D._____Civic Space Requirement (1) Sites are required to include specific area for appropriate Site Amenities. This section does not apply to projects within the City Center Form-Based Code area (which are governed by Section 8.08). (2) Applicability. Applications for the following shall be required to provide Site Amenities: (a) Any non-residential development over 5,000 SF (b) Additions or expansions over 5,000 SF to existing non-residential structures (c) Any residential development, including conversion of non-residential structures to residential use (3) The required area shall be: (a) For Non-Residential development, a minimum of 6% of non-residential building gross floor area. (b) For Residential development, determined by number of units as: (i) For less than 10 units, 100 square feet per unit; (ii) For 10 to 19 units, 85 square feet per unit; or (iii) For 20 or more units, 60 square feet per unit. (4) The DRB may, in its discretion, provide credit for up to 50% of the required Site Amenity area if the Applicant demonstrates a safe, walkable connection to existing Civic Space or public park accessible by the general public and located within walking distance ¼ mile of at least one pedestrian access points to all buildings on the lot. (a) The DRB may, in its discretion, give partial credit for Civic Space if not all buildings have access points within ¼ mile of the Civic Space. (b) The DRB cannot reduce the remaining 50% of the Site Amenity requirement. 14.07 Specific Review Standards In all Zoning Districts and the City Center Form Based Codes District, the following standards shall apply: A. Environmental Protection Standards. All proposed development shall be subject to the applicable requirements of Article 12, Environmental Protection Standards. B. Site Design Features. All proposed development shall comply with standards for the placement of buildings, parking and loading areas, landscaping and screening, open space, stormwater, lighting, and other applicable standards related to site design pursuant to these Land Development Regulations. C. Access and Circulation. All proposed development shall comply with site access and circulation standards of Section 15.A.14. D. Transportation Demand Management (TDM) [reserved] DRAFT Page 8 of 18 14-5 South Burlington Land Development Regulations E. Building Form. Development within the City Center Form Based Code District, the Urban Design Overlay District, and other districts with supplemental building form standards shall adhere to the standards contained therein. F. Streetscape Improvements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section 8.11(D) within the City Center Form Based Code, or Section 3.11(D) in all other zoning districts, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. F. Access to Abutting Properties. The reservation of land may be required on any lot for provision of access to abutting properties whenever such access is deemed necessary to reduce curb cuts onto an arterial or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. G. Utility Services. Electric, telephone and other wire-served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18, Infrastructure, Utilities, and Services, shall also be met. H. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including compliance with any recycling, composting, or other requirements, shall be accessible, secure and properly screened with opaque fencing to ensure that trash and debris do not escape the enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster, non-large drum) shall not be required to be fenced or screened. DRAFT Page 9 of 18 15.A-1 South Burlington Land Development Regulations 15.A SUBDIVISION REVIEW 15.A.16 Blocks and Lots . . . B. Lots. All lots must be laid out to logically relate to topography and their intended use or purpose. Building lots must be laid out within existing and planned street and block configurations, in such a way that they can be developed in full compliance with their intended use and these Regulations. Unless otherwise specified under these Regulations as applicable to the subdivision: (1) All proposed lots must be numbered, as shown on subdivision plans and plats. (2) The arrangement and configuration of lots must allow for the further subdivision of any remaining developable land on the tract or parcel to be subdivided. Where proposed building lots exceed minimum lot area requirements, the DRB may require that such lots be configured and developed in a manner that allows for further subdivision and infill development. (3) Building or other lots for existing or planned public facilities or uses, including public parks, as shown on the City’s Official map or proposed for dedication to the City, must be labeled and shown as such on the subdivision plan and plat. (4) Unless otherwise specified under these Regulations, a minimum of ten percent (10%) of the total buildable area within the developed portion of any Major Subdivision exceeding two acres in size must be allocated to functionally integrated civic space lots, as shown on the subdivision plan and plat. (a) Required civic space must incorporate one or more allowed Civic Space Types under Article 11.B and meet associated type requirements. (b) Designated civic space lots must have frontage on or pedestrian access from an abutting street. The entrance to a civic space that does not front on an abutting street must be readily visible, apparent, and accessible from the street. (c) Civic space lots must be identified on the subdivision plat, and in associated legal documents, as Civic Space lots to be maintained and managed in single or common ownership. (d) For Major Subdivisions under six (6) acres, the DRB may, in its discretion, waive up to 50% of the required Civic Space area if the Applicant demonstrates a safe, walkable connection to existing publicly accessible Civic Space located within walking distance ¼ mile of at least one pedestrian access points to all buildings in the subdivision. i. The DRB may, in its discretion, give partial credit for Civic Space if not all buildings have access points within ¼ mile of the Civic Space. ii. The DRB cannot reduce the remaining 50% of the Civic Space requirement. . . . DRAFT Page 10 of 18 15.B-1 South Burlington Land Development Regulations 15.B MASTER PLAN REVIEW 15.B.01 Purpose 15.B.02 Applicability 15.B.03 Review Process 15.B.04 Master Plan Components 15.B.05 Review Standards 15.B.06 Approval, Effect, Duration, Amendment . . . 15.B.02 Applicability (A) Required Approval. Master plan review and approval by the DRB is required prior to preliminary subdivision review under Article 15.A, or site plan review under Article 14, as applicable, for: (1) Any Major Subdivision involving four (4) or more acres, except for any portion of Transect Zone Subdivision within the City Center Form Based Code District. (2) Any land subdivision or site development proposed to occur over two (2) or more phases, or three (3) or more years. (3) A Planned Unit Development under Article 15.C unless, at applicant request, Master Plan review is waived by the DRB for a PUD on less than four (4) acres under 15.C.03. (4) Multiple Structures on a Single-User Lot or Complex, in accordance with Section 3.09. (5) The DRB may also require the submission of a Master Plan for any tract or parcel of land where there exists clear potential for future growth and development beyond that presented in an application, as necessary to establish physical and functional connections between areas of proposed and potential future development. (B) Elective Review. An applicant may request Master Plan review for any project that involves two (2) or more acres in any zoning district, except within the City Center FBC District. DRAFT Page 11 of 18 15.C-1 South Burlington Land Development Regulations 15.C PLANNED UNIT DEVELOPMENT 15.C.01 Purpose 15.C.02 Applicability 15.C.03 Planned Unit Development Review 15.C.04 General PUD Standards Applicable to All PUD Types 15.C.05 Conservation Development 15.C.06 Traditional Neighborhood Development 15.C.07 General PUD . . . 15.C.02 Applicability A._____Floating Zone. For purposes of these Regulations, a Planned Unit Development (PUD) is an unmapped overlay zoning district or “Floating Zone,” as allowed or required within an underlying zoning district, which is applied to a particular tract or parcel of land proposed for subdivision and development. A PUD is intended to function as a more flexible, design-based zoning district in which conservation or form-based design standards also apply to proposed development. Where PUD standards differ from underlying zoning district, site plan, or subdivision standards, PUD standards shall apply. B._____PUD Types. The following types of Planned Unit Development are authorized under these Regulations by Zoning District (Table 15.C.1), subject to the associated provisions and standards of review for each PUD type: (1) Conservation Development (CON) Section 15.C.05 (2) Traditional Neighborhood Development (TND) Section 15.C.06 (3) General PUD Section 15.C.07 C._____Required Planned Unit Development. PUD review and approval by the DRB under this Article is required for any subdivision and development of a tract or parcel with a total area of four (4) or more acres within any zoning district listed for CON PUD and TND PUDs under Table 15.C-1. General PUDs are not mandatory in any district. D._____Elective Planned Unit Development. An applicant may elect PUD review, as allowed within specified zoning districts, for the subdivision and development of any tract or parcel: (1) Less than four (4) acres that qualifies as a Conservation PUD under Subsection 15.C.05, in which fifty percent (50%) or more of the total tract area includes one or more Hazard or Level I Resource areas identified for protection under Article 12. (2) Where the General PUD type is allowed under Table 15.C-1 or Section 15.C.07(C). E._____PUD Type by Zoning District. The types of PUD allowed within an underlying zoning district are specified by district in Table 15.C-1. DRAFT Page 12 of 18 15.C-2 South Burlington Land Development Regulations Table 15.C-1 PUD Types by Zoning District PUD Type Underlying Zoning Districts Conservation Development (CON) (1) R1-PRD, R1-Lakeshore, R1-Lakeview, R2, Lakeshore, SEQ-NR, SEQ-NRT, SEQ-NRN, SEQ-VR, SEQ-VC (2) A tract or parcel in any PUD-allowed zoning district in which a minimum of 50% of the total tract or parcel area consists of Hazards and/or Level I Resources (see Section 15.C.05) Traditional Neighborhood Development (TND) R1-PRD, R1-Lakeview, R1-Lakeshore, R2, R4, R7, Lakeshore, Allen Road, Swift Street, R7-NC, SEQ-VR, SEQ-VC SEQ-NR, SEQ-NRN, SEQ-NRT, only in association with a Conservation PUD, in a designated Development Area with a minimum Buildable Area of 4 acres General PUD (1) C1-R12, C1-R15, C1-AUTO, C1-AIR, C1- LR, C2, IC, AIR, AIR-I, I-O, and IA. (2) As described in Section 15.C.07(C). (1) Planned Unit Development under this Article does not apply to subdivision and development within those zoning districts for which no PUD type is specified. In addition: (a) All PUD types are prohibited within any zoning district not listed in Table 15.C-1; and (b) All PUD types are prohibited within the SEQ-NRP Subdistrict; except for land on a tract or parcel within the SEQ-NRP that is included for conservation within a Conservation PUD. 15.C.04 General PUD Standards Applicable to All PUD Types . . . DRAFT Page 13 of 18 Planning Commission Draft February 23, 2022 NOTE: THIS ENTIRE SECTION IS PROPOSED TO BE ADDED. It is not marked as red-underlined for ease of reading. Page 1 of 5 15.C.07 General PUD 1 2 A.____Authority and Limitations. 3 (1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, to 4 approve, to approve with modifications and conditions, or to disapprove an application for a Planned 5 Unit Development (PUD), as further described in Section 15.C.01. 6 (2) Limitations on DRB authority under 14.04(A)(3)(b) apply. 7 (3) In addition, in no case shall the DRB vary: 8 (a) Density restrictions and/or allow an increase in overall density except as authorized via 9 use of Transferrable Development Rights or via Inclusionary Zoning. 10 (b) Requirements of the Urban Design Overlay District and Transit Overlay District, as 11 applicable. 12 (c) Applicable lot coverage and/or building coverage maximums allowed within each zoning 13 district, as measured across the PUD as a whole. 14 (d) Environmental Protection Standards under Article 12. 15 (e) Parking and building location requirements in Section 14.06(A)(2). 16 17 B.____General PUD Description, Purpose, and Characteristics. A General PUD is a type of planned 18 development that allows for relief from the strict dimensional standards for individual lots in order to 19 encourage innovation in design and layout and efficient use of land consistent with the Comprehensive 20 Plan. Defining characteristics of a General PUD include well-planned, sited, and designed development 21 projects that: 22 23 • Contribute to the City’s economic vitality, in response to changing markets and consumer 24 demand, by providing needed housing, goods, services, and employment opportunities. 25 • Redevelop underperforming properties and commercial strips (retrofits), contaminated sites 26 (brownfields), and large expanses of parking (gray fields) into more compact forms of walkable, 27 pedestrian-oriented, mixed-use development. 28 • Extend or re-establish existing street, sidewalk, and recreation path connections. 29 • Incorporate a density of development, compatible in design with the surrounding area, that 30 supports walkable residential, mixed use, and transit-oriented development. 31 • Improve the physical appearance, walkability, and amount of civic and green space within existing 32 residential neighborhoods, commercial centers, and commercial strip development. 33 • Introduce missing or complementary uses, facilities, services, amenities, or civic space intended 34 to serve the immediate and surrounding area. 35 • Foster context-sensitive transitions among and between neighborhoods, commercial areas, 36 mixed use areas, civic spaces, and natural resource areas. 37 • Support and enable affordable housing development. 38 • Conform to the goals in the City of South Burlington Comprehensive Plan. 39 40 41 C. Applicability. A General PUD is an allowed PUD type in the following circumstances: 42 (1) As an allowed PUD type as listed in Table 15.C-1. 43 DRAFT Page 14 of 18 Planning Commission Draft February 23, 2022 NOTE: THIS ENTIRE SECTION IS PROPOSED TO BE ADDED. It is not marked as red-underlined for ease of reading. Page 2 of 5 (2) In the R7-NC zoning district within four hundred (400) feet from frontage on an arterial road 1 (as defined in Article 2 as “Street, Arterial” shown in the Comprehensive Plan on Map 5 at time of 2 adoption of this section). 3 (a) Any remaining parcel depth shall be required to use the PUD type(s) otherwise required 4 for the parcel or, if no PUD type is required, will have the option of any elective PUD type available. 5 (b) Height restrictions are not waivable for General PUDs available under Section 6 15.C.07(C)(2)(a) or Section 3.07(D). 7 (3) For minor amendments to existing, approved PUDs as of [DATE of former regulations], 8 including existing, approved PUDs in zoning districts other than indicated by Section 15C.07(C), and 9 amendments to General PUDs approved under this Section. 10 (a) An amendment shall be considered “minor” if it does not significantly alter the overall 11 intent, scale, or relationship of the approved PUD to its surroundings. A minor amendment may 12 incorporate additional land not in the previous PUD, but only to the extent that it does not exceed 13 other requirements of this section. 14 (b) Amendments to CON PUDs and TND PUDs shall be made under 15.C.05 (CON PUD) or 15 15.C.06 (TND PUD), respectively. 16 17 D._____Conformance with PUD Standards. In addition to the specific standards under this Section, all 18 standards in Section 15.C.04 shall also apply. Application and review process for a General PUD is 19 governed by Section 15.C.03. 20 21 E._____Context. For planning and design purposes, “Planning Area” is defined as the area within ¼-mile 22 of the lot or parcel to be developed, as measured from the lot line or delineated PUD boundary. 23 24 F._____General PUD Compatibility and Context Analysis 25 (1) Compatibility. PUD compatibility with the Planning Area, as determined from a detailed 26 analysis of the Development Context, shall be a primary consideration in General PUD project design, 27 and for DRB review and approval. 28 (2) “Development Context” is defined to include: 29 (a) The prevalent or recurring pattern and form of development within the Planning Area, 30 including established street grid and streetscape elements, blocks, lots, buildings and yard areas, 31 civic spaces, and parking arrangements, and 32 (b) The character of the Planning Area, as defined by: 33 (i) The planned character of an area planned for redevelopment by the City as identified 34 in the Comprehensive Plan; 35 (ii) Approved, to-be-built or recently built (within ten (10) years) development projects 36 in the Planning Area; 37 (iii) Any updates to the underlying zoning district(s) within the previous ten (10) years in 38 the Planning Area; or 39 DRAFT Page 15 of 18 Planning Commission Draft February 23, 2022 NOTE: THIS ENTIRE SECTION IS PROPOSED TO BE ADDED. It is not marked as red-underlined for ease of reading. Page 3 of 5 (iv) Zoning district purpose statements, allowed uses, and district specific development 1 standards. 2 (v) As based on current zoning purpose statements, uses, and standards only if the DRB 3 finds there is no relevant information under (ii)(a), (b), and (c), or the DRB finds that there is 4 a clear, established neighborhood street, block, and lot pattern. 5 (3) Context Analysis. The applicant must submit a Context Analysis of the Development Context 6 within the Planning Area, which, at minimum, includes the information required for Master Plan 7 review under 15.B.04(C) and: 8 (a) Hazard, Level I, and Level II Resources regulated under Articles 10 and 12. 9 (b) Prevalent pattern of land subdivision and development in the area, as defined by block 10 lengths; building lot size and frontage distances; front, side, and rear setback distances; building 11 height and coverage; and existing parking arrangements. 12 (c) Streetscape elements, including the placement, orientation, and spacing of buildings 13 along the street, existing and planned sidewalks, and existing or planned landscaping, street 14 furniture, and lighting. 15 (d) Building types and styles, including any prevalent or character-defining architectural 16 features. 17 18 G._____General PUD Dimensional Standards. 19 (1) Relevant subdivision, site plan, zoning district, and applicable overlay district dimensional 20 standards shall form the basis of the design of a General PUD and shall apply unless modified, reduced, 21 or waived by the DRB under (2) below. 22 (a) The DRB must find an application meets the requirements of 15.C.07(G)(2) in order to 23 modify, reduce, or waive Site Plan requirements using 14.04(A)(3), Site Plan application 24 requirements using 14.05(G), Subdivision requirements using 15.A.01(B)(3), Scenic Overlay 25 District requirements using 10.02(I)(2), (J), and/or (K). 26 (b) The DRB has authority to allow alternative compliance under 15.C.04(C)(3). 27 (c) Height restrictions in underlying zoning districts may be modified, reduced, or waived by 28 the DRB under (2) below, except as noted in 15.C.07(C)(2)(b) above. 29 (d) The DRB cannot modify, reduce, or waive standards as listed in 15.C.07(A)(3). 30 (2) In response to the existing or planned Development Context in the Planning Area, the DRB 31 may modify, reduce, or waive one or more applicable dimensional standards as necessary to: 32 (a) Accommodate reductions in the available area associated with infill or redevelopment, 33 that result in insufficient acreage to meet applicable dimensional standards; or 34 (b) Allow for more creative and efficient subdivision and site layout and design that advances 35 the purposes of the underlying zoning district and/or the goals of the Comprehensive Plan, 36 particularly in response to existing site limitations that cannot be eliminated; or 37 DRAFT Page 16 of 18 Planning Commission Draft February 23, 2022 NOTE: THIS ENTIRE SECTION IS PROPOSED TO BE ADDED. It is not marked as red-underlined for ease of reading. Page 4 of 5 (c) Ensure that the pattern and form of proposed development is compatible with existing 1 or planned Development Context in the Planning Area determined under 15.C.07(F) and to 2 Transition Zone standards in 15.C.04(E); or 3 (d) Allow for greater energy efficiency, use of alternative energy, green building design, or 4 otherwise furthering of the South Burlington City Council’s Resolution on Climate Change dated 5 August 7, 2017. 6 (3) Context shall be determined by the existing or planned Development Context in the Planning 7 Area under Section 15.C.07(F) and (G). 8 9 H._____Development Density. 10 (1) Development Density regulations and definitions included in Section 15.C.04(D) shall apply to 11 General PUDs. 12 (2) Development density within a General PUD is determined by maximum development density 13 in the underlying zoning district, except as follows. 14 (a) Density can be re-allocated within the PUD area within single zoning districts; 15 (b) Additional density may be achieved through either or both Inclusionary Zoning and 16 application of Transferrable Development Rights where specifically authorized by and as 17 regulated by Section 18.01 or Section 9.05. 18 19 I._____General PUD Design Standards 20 (1) Design Standards, Generally. The design for a General PUD shall comply with existing Site 21 Plan, Subdivision, and Overlay District regulations and standards, but may allow for variations from 22 applicable regulations that respond to and incorporate the development context within the Planning 23 Area and under the specific circumstances listed in Section 15C.09(G)(4). 24 (2) Streets. Streets within a General PUD must be compatible with and connect to existing and 25 planned public street, sidewalk, and path networks in the Planning Area. 26 (a) Street and block pattern requirements of the Subdivision regulations shall apply unless 27 waived by the DRB under Section 15C.09(G)(4). 28 (3) Parking. Parking design and building location requirements applicable in all underlying zones 29 and districts apply to General PUDs, including all requirements in Section 14.06(A)(2). 30 (4) Buildings. Buildings and associated building lots within a General PUD must be compatible 31 with the development context in the Planning Area as described under Section 15.C.07(F) and (G). 32 (5) Civic Spaces and Site Amenities. Civic Spaces and/or Site Amenities must be compatible with 33 the existing or planned development context. General PUDs must comply with applicable Civic Space 34 and/or Site Amenity requirements in Subdivision (Section 15.A.16(B)(4)) and Site Plan (Section 35 14.06(4)). 36 (a) Section 15.A.16(C)(4) requirement for minimum 10% of the total buildable area to be civic 37 space lots apply to General PUDs only for PUDs that involve subdivision of land resulting in three 38 (3) or more lots, not including the resulting lots that only contain civic space(s). 39 DRAFT Page 17 of 18 Planning Commission Draft February 23, 2022 NOTE: THIS ENTIRE SECTION IS PROPOSED TO BE ADDED. It is not marked as red-underlined for ease of reading. Page 5 of 5 (b) In a General PUD, Civic Spaces required under Subdivision Regulations (Section 1 15.A.16(C)(4)) and under Site Plan Regulations (Section 14.06(4)) can be satisfied by a combination 2 of Civic Spaces, Site Amenities, or a combination, applied across the PUD area. 3 (6) Housing Mix. In a General PUD with more than four (4) residential dwelling units, a mix of 4 two or more dwelling unit types (as allowed within the applicable zoning district) must be provided as 5 described by Section 15.A.17. Types of dwelling units are differentiated by either housing type under 6 Article 11.C or, within multi-family structures with more than four (4) dwelling units, by number of 7 bedrooms per unit. 8 9 DRAFT Page 18 of 18 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Planning Commission Public Hearing Tuesday, March 22, 2022, 7:00 pm In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission will hold a public hearing on March 22, 2022 at 7:00 pm, in person and via Zoom electronic platform, to consider the following amendments to the South Burlington Land Development Regulations: A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to existing PUDs B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential conversions subject to site plan review; add additional allowable Site Amenity types, and allow partial credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic spaces & parks C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of Relationship of Structures and Site and to Adjoining Area. D. LDR-22-03: Minor and technical amendments to include: • Adjust Master Plan applicability for single-user lots • Definitions updates and corrections Brief Description and Findings Concerning the Proposed Amendments A. LDR-22-01: Establish a General Planned Unit Development Type for new PUDs and amendments to existing PUDs Brief Description of the Proposed Amendment This amendment would create a “General Planned Unit Development” Type to accompany the existing “Traditional Neighborhood” and “Conservation” PUD types. 2 The General PUD would be permissible in zoning districts where the other two PUD types are not available as options and for minor amendments to pre-existing PUDs approved under prior regulations. The General PUD would allow the Development Review Board to vary site plan, subdivision, and other dimensional and design standards of the Land Development Regulations in order to better achieve stated goals enumerated therein based on the needs of the site. The Development Review Board may, for identified purposes, permit modifications to lot sizes, arrangement of buildings and lots, building setbacks and heights, and re-allocation of density within the PUD. The General PUD does not authorize increases in lot coverage, development density not otherwise allowed in the Regulations, additional land uses, modification to the Environmental Protection Standards, or non- dimensional / design standards such as inclusionary zoning or energy codes. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed General PUD is intended support the land use pattern envisioned through the 2016 Comprehensive Plan. The General PUD uses the City’s subdivision, site plan, zoning district and general standards as the default and provides some flexibility in their application to meet site-specific needs. A context assessment of the surrounding areas is required and provides direction in the application of the standards. The General PUD will allow for site design and layout that supports infill development, including housing, in difficult sites and where the Development Review Board finds the intent of the Regulations are met. Relevant Comprehensive Plan Objectives & Strategies: Objective 3. Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintains an efficient use of land for use by future generations. Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods. Objective 6. Continue to be an economic hub for the region consisten t with the land use goals of the city. Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by designing and locating new and renovated development in a context-sensitive manner. 3 Objective 31. Conserve, restore and enhance biological diversity within the City, through careful site planning and development that is designed to avoid adverse impacts to critical wildlife resources, and that incorporates significant natural areas, communities and wildlife habi tats as conserved open space. Objective 39: The majority of all new development will occur within the Shelburne Road, Williston Road, and Kennedy Drive Corridors, and other areas within the Transit service area. Strategy 8. Explore innovative land development regulations that allow for a range of residential building and neighborhood types, including but not limited to cottage housing, clustered housing and infill residential development. Ongoing Activity 1: Continue to refine the City’s Land Development Regulations to promote the Plan’s goals and objectives. Ongoing Activity 15: Continue to encourage and consider incentivizing neighborhoods that use a mix of housing types and integrate different types next to each other, rather than creating monoc ulture of one type of housing. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments allow the DRB to vary dimensional and design standards within a General PUD. They do not, however, alter the proposed or allowed land uses or densities identified in the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect any specific proposals for planned community facilities. B. LDR-22-02: Establish Site Amenity requirements for new development, expansions, or residential conversions subject to site plan review; add additional allowable Site Amenity types, and allow partial credit to Site Amenity and Civic Space requirements for nearby publicly-accessible civic spaces & parks Brief Description of the Proposed Amendment This amendment would establish a common minimum requirement for new development or residential conversions to include Site Amenities (private or common outdoor spaces for use by residents/employees/visitors). Minimum amounts are 6% of non-residential building area or between 60 and 100 s.f. per dwelling unit (depending on building size); both figures are drawn from similar standards existing within the City Center Form Based Code. Site Amenity types are based on those created for the City Center Form Based Code. Two additional types are proposed: indoor- outdoor common area, and private balcony/porch. The amendment would allow a Park or Civic Space that is located within ¼ mile to count towards 50% of the minimum requirement if that distance is a safe, walkable connection. 4 The amendment would also create allowances related to minimum Civic Space associated with major subdivisions. The minimum Civic Space requirement is proposed to be allowed to be off-site, with ¼ mile (safe & walkable) where the parcel to be subdivided is 6 areas in size or less. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments are identified in multiple places in the 2016 Comprehensive Plan. Specific Goals and Objectives furthered by these amendments: Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed-used transit corridors, and compact residential neighborhoods. Objective 14. Seek a livable balance between public, commercial, and civic activity and private tranquility and promote the health, peace, and well-being of residents in their daily lives. Objective 15. For all new development, public and private, consider accessibility for users of differing ages and physical abilities Objective 16. Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by designing and locating new and renovated development in a context-sensitive manner. Objective 30. Proactively plan for a network of interconnected and contiguous open spaces to conserve and accommodate ecological resources, active and passive recreation land, civic spaces, scenic views and vistas, forests and productive farmland and primary agricultural soils. Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations. Strategy 68. Redefine open space in new developments such that usable, quality open space shall be required. Qualifying open space should include civic spaces, recreation, wildlife habitat, and usable agricultural lands. Ongoing Action 11. Continue to build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner. 5 Safe, immediate access to outdoor spaces – private or shared – supports affordability by assuring that all residents are able to access the outdoors without having to own a car or use other forms of transportation. Further, the establishment of site amenities does not require a reduction in density. Additionally, most new housing in the past decade or more has included such amenities. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect any specific proposals for planned community facilities. C. LDR-22-03: Augment Site Plan review standards of Relationship of Structures to the Site, and of Relationship of Structures and Site and to Adjoining Area. Brief Description of the Proposed Amendment The proposed amendments would provide direction to applicants and the Development Review Board on applying these standards. This includes direction in consideration of Street Frontage, Building Placement and Orientation, Contract of Scale, Pedestrian Orientation, Pattern & Rhythm, Architectural Features, and Privacy. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendments provide greater clarity to applicants and the DRB on application of the existing standards in the Regulations. The proposed amendments do not directly impact the availability of safe and affordable housing. However, the amendments will foster more context- sensitive design in new development, which in turn supports walkability and, indirectly, overall safety of environments through greater pedestrian use. Specific Goals and Objectives furthered by these amendments: 6 Objective 5. Build and reinforce diverse, walkable neighborhoods that offer a good quality of life by designing and locating new and renovated housing in a context-sensitive manner that will facilitate development of a high-density, City Center, mixed used transit corridors, and compact residential neighborhoods. Objective 16: Build and reinforce diverse, accessible neighborhoods that offer a good quality of life by designing and locating new and renovated development in a context-sensitive manner. Strategy 35. Take into account the quality of life of residents, employees, and visitors in the development of City policies, plans, projects, and regulations. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments do not affect any specific proposals for planned community facilities. D. LDR-22-04 Minor and technical amendments to include: • Adjust Master Plan applicability for single-user lots • Definitions updates and corrections Brief Description of the Proposed Amendment The amendments listed above represent minor adjustments to the regulations that promote consistency in approach, policy, and organization within the Land Development Regulations. Findings Concerning the Proposed Amendments The proposed amendments have been reviewed by the Planning Commission in the context of the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. The Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Comprehensive Plan supports consistency and streamlining of regulations. Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of 7 obtaining needed permits with a specific focus on improving predictability of the process. Move as much of the permitting process online as is viable to improve customer access and service. 2. Is compatible with the proposed future land uses and densities of the municipal plan. The Planning Commission finds the proposed amendment to be compatible with the proposed future land uses and densities of the Comprehensive Plan. 3. Carries out, as applicable, any specific proposals for any planned community facilities. The Planning Commission finds the proposed amendment will not have any impact on planned community facilities. SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 8 FEBRUARY 2022 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 8 February 2022, at 7:00 p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology. MEMBERS PRESENT: J. Louisos, Chair; M. Ostby, M. Mittag, D. Macdonald, P. Engels ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planning; C. Trombly, D. Peters 1. Instructions on exiting the building in case of an emergency: Ms. Louisos provided instructions on emergency exit from the building. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Louisos advised that at last night’s City Council meeting the Council adopted the Land Development Regulations with a few small changes. The vote was not unanimous. The Council may come back to the Commission with some questions. Mr. Conner noted that South Burlington is now among, if not the, state leader in flood plain management. Ms. Ostby said she was asked to bring the issue of “rent vs. ownership” to the Affordable Housing committee. She wasn’t clear what to ask them, so she has not yet raised that questions. She did note that Ms. Louisos will be helping her with that, and Mr. Conner is working on something from a legal point of view. Mr. Conner said regulations are not the only tool to address that issue (e.g., ARPA funds). Mr. Mittag asked if there are ways it can be regulated as he had thought it was up to the developer what to build. Mr. Conner said it is a complex area of law, and he did not want the Commission to rush into it. He did note that there are buildings being built in South Village now that will be sale units. He added that it interesting how markets can shift. Mr. Mittag asked if there can be a mix of rent and buy in one building. Mr. Conner said he was not sure what the legal landscape is for that. Ms. Louisos said she knows the Affordable Housing Committee has looked at this in the past. She asked whether they could direct the Planning Commission on how to do it, if they can’t do it themselves. 2 Mr. Macdonald said he would be very leery about regulating ownership vs rental. He would favor incentivizing. Ms. Ostby said she would like more information on how the Commission should receive information from other committees. Ms. Louisos said committees have often gone through staff. Mr. Conner said he and Ms. Louisos have begun to talk about how to get information from committees to the City Council. Mr. Mittag said there will be a lot of product from the Climate Action Task Force that will have an impact on what the Planning Commission does going forward. Mr. Engels noted that the Airport Rezoning’s public listening session had to be postponed due to the snowstorm. 5. Discussion of General PUD Draft and updates to Site Plans and Master Plans: Ms. Peterson said she had a conversation with DRB staff and got insight as to what would be helpful in the review process. a. Civic and open space: Ms. Peterson said civic and open space do not have to be tied to the PUD tool. She noted that in the meeting packet there was a requirement that is specific to the PUD. She noted that in the LDRs, there is an open space requirement in subdivisions. The question is whether developments would be covered by that requirement. Site plans also do require some civic or open space. Anything over 2 acres already has that requirement. If you put it in a site plan, you would catch those developments. Ms. Peterson said anything smaller than 2 acres a requirement would become burdensome. Ms. Ostby said someone had asked her whether “private” outdoor space would qualify as civic or open space. She felt this could be helpful in some of the smaller parcels. Mr. Mittag said if a development is residential, civic/open space will influence the quality of life. He felt they should require as much civic space as possible and suggested taller buildings with more open space. Ms. Peterson said the site plan requirements would be identical to what is required in the T-4 district of Form Based Code. It would take that standard and apply it to all site plans. Ms. Louisos asked about the type of open space that would count. Ms. Peterson directed attention to Table 11B which enumerates types of open/civic space. All require some outdoor element, and site amenities must be communal. “Per unit” does not qualify under that. Mr. Conner noted that when the Planning Commission adopted the City Center Form Based Code, they did not want individual open 3 space to count. Mr. Mittag felt that was a good decision and did not think balconies should were a “civic space.” Mr. Conner cited an example of the Citco redevelopment got approval for a 2-1/2 story building. The Form Based Code site amenity standard would likely be able to be accommodated on a property like that. A larger amenity, however, could have the effect of shrinking the project. He noted that anything that requires a site plan would have an amenity associated with it. A larger development would to have to meet the civic space requirement. Ultimately, the role of a PUD would allow for creativity but not for amounts. Mr. Engels asked why not just extend Form Based Code to Shelburne Road. Mr. Conner explained that they are moving in that direction with tools such as these. The reason for not going there formally is that in the City Center it was a clear vision of what it would look like. Shelburne Road has more variability (e.g., car dealerships). He felt they could get close to a Form Based Code but without the formality that is in City Center. Ms. Ostby asked if they go this route, would this be part of the General PUD package. Ms. Peterson said it would. Ms. Ostby then asked whether a balcony could be part of that with under 2-acre site plans. Ms. Peterson said that is not a bad idea, but it is more complicated. Ms. Ostby asked what is within a quarter of a mile from Shelburne Rd. that could be considered open space. Ms. Peterson said there would still be a requirement for on-site open space. If there is nothing within a quarter of a mile, all the open space would be on site. Mr. Conner added that they could also consider indoor common space and cited the new Larkin building which has an upstairs common area with a view of Lake Champlain. Ms. Peterson noted that the quarter-mile would have to be measured from the building exit in this draft. Ms. Ostby reminded members that they are talking about major arteries. Children cannot cross Shelburne Road, Kennedy Drive or Hinesburg Road. Ms. Peterson said the quarter-mile would have to be “walkable.” Ms. Ostbly cited the need for extra care. Mr. Macdonald said the onus would have to be on the developer to prove there is a safe, walkable connection. Ms. Ostby cited the need to be careful of the definition of safety. She didn’t want a developer to prefer to do a one-story bank. She noted that school buses are not even allowed to stop on Shelburne Road. b. How the DRB can change standards Mr. Mittag raised the question of what the DRB can and can’t waive. He said if they don’t allow waivers, especially for height, they will never get the density or the affordability they want. Ms. Louisos said the long-term answer is to go up to satisfy affordability. She noted that TDRs may play a role in it as well. Mr. Mittag said that now that there is Inclusionary Zoning, they have to understand what the mission is: whether they are building “homes for people.” He cited the need for 2 and 3 bedroom apartments for families and studios for professionals. 4 Ms. Louisos questioned whether they are missing anything regarding block size, etc. Mr. Conner said the subdivision regulations can be used for that. Ms. Peterson said that in site plan regulations 14.06a and 1406c, there are standards that the DRB has been trying to apply without much directions. By moving the design standards there, it helps the DRB clarify a standard they have been trying to apply. Mr. Conner showed the language of those sections. He cited the CVS building on Williston Road as an example of the result of that issue. Ms. Peterson noted that they have added a section that allows modifying a standard when it relates to alternative energy and energy efficient goals. Ms. Peterson then directed attention to specific language designed to address properties such as Hill Farm. It would allow a more commercially oriented development closer to Hinesburg Road. The General PUD would apply to the first 400 feet of Hinesburg Road and the TND would be appropriate after that. The question is whether height is a concern. Mr. Conner noted that the zoning in R7-NC must be a TND. If you take the new approach, the first 400 feet could just use the underlying zoning. He showed a graphic to illustrate this. Mr. Mittag urged caution in not blocking some of the best views in the city. Ms. Ostby suggested an alteration to protect views, creating the gap at the southern end but keeping the height limit. The issue of zoning for one property was raised. Mr. Conner said he was comfortable with this because the Comprehensive Plan allows for a transition of uses. Mr. Macdonald said he was comfortable with and noted they had promised something an NCD in that area. Members supported staff reaching out to the property owner to discuss. Mr. Conner then addressed some “clean-up” things from what was adopted by the Council. He noted that where the Master Plan applies to multiple buildings on a single or complex lot, there are some small properties where the owner is making a small change that would now require a Master Plan. He felt they might want to drop that or to streamline the Master Plan process. He noted that the first two projects staff saw had this problem. Members were OK with removing the multiple buildings on a single lot from the Master Plan requirement. Mr. Conner said staff can have a cleaned up version in the next packet and the Commission can warn a public hearing at its next meeting. This could get to the Council by late March. 6. Meeting Minutes: Members asked to delay approval of the minutes. 5 7. Other Business: No other business was presented. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:35 p.m. ________________________, Clerk