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HomeMy WebLinkAboutMinutes - Planning Commission - 04/11/2017 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 11 APRIL 2017 The South Burlington Planning Commission held a regular meeting on Tuesday, 11 April 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Harrington, T. Riehle, B. Gagnon, D. Macdonald, M. Ostby, A. Klugo ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner 1. Directions on emergency evacuation procedure from conference room: Ms. Louisos provided evacuation procedures in the event of an emergency. 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 reports: Ms. Louisos noted she will be away for the meeting of 23 May. Mr. Conner: Received the draft annual work plan from CCRPC which includes all the large requested South Burlington projects for funding (including bike/ped, traffic impact fee, traffic management signal control). Items ranked lower in priority by the Commission were not funded (e.g., scenic views) and some of these can be accomplished by staff. City Hall updates continue, including new windows in the large conference room. Mr. Gagnon commented on the new LED message board. This summer, the wayfinding project in the parks will be wrapped up. There are also planned improvements in Red Rocks Park scheduled for the summer. 5. Continue review of possible amendments to LDRs and Official Map: a. End of trip bicycle pedestrian facilities: Ms. LaRose said staff is working on addressing what could be a large expense that could be triggered by a very small change in a site plan. The concept is to require only 50% of the bicycle requirement for the first small change, then 25% more for each additional change. The Bike/Ped Committee discussed that threshold at length. The felt that any pre‐existing facility wouldn’t have to do the bike/ped upgrades unless there were a major renovation. Mr. Conner said that typically when people come in in for a site plan, some things are automatically triggered (e.g., lighting standards, bike rack, screening of dumpster, snow storage). The question is where to set the threshold for updating a bike rack. Mr. Gagnon felt that if there is no bike rack, the applicant should have to do it. If they have one that doesn’t meet the current standard, they have to update to the current standard. He asked how much that could cost. Mr. Conner said about $600-800 to purchase, plus installation and a pad. This could total $1,000-2,000. For a large company, it could be even more. Ms. LaRose noted there is currently an application to restripe handicapped spaces. Having to do all the upgrades could add the cost up to $20,000. Ms. Ostby asked if there could be a 2-year time-line. Mr. Gagnon said other towns have bought bike racks and resold them at cost. Ms. LaRose said the issue with that is storage. With a 2-year time-line, the difficulty is that when a Certificate of Occupancy is granted, it says that the applicant meets all the requirements. This could mean that they would never have to do the upgrades. Mr. Gagnon asked about the threshold for doing the 50%. Mr. Conner said it could be based on time or only those that exceed the criteria for administrative review, or only new construction. All of those options have their pros and cons. Mr. Klugo asked about the goal. He felt the 50% was well-intended but you could wind up with a mish-mash. Ms. Ostby suggested having everyone convert within 5 years. In the meantime, things could be bought in bulk and resold. A vendor could maintain the stock until it is requested. Ms. Louisos asked if the city could mandate that. Mr. Conner said it couldn’t be mandated, but it could be an “opportunity.” He noted that the city isn’t set up for that, and it would have to be in the capital budget. It could not happen this year. Ms. Louisos recalled that the city did require a sign change within 5 years to make everyone conforming. Mr. Klugo said the reality is that if people don’t come in for a site plan change, you don’t get the bike rack. He felt the upgrades should be mandated in some way. Ms. Louisos noted that City Center has other bike rack requirements. Ms. LaRose said the next step would be to deal with shared public bike racks. Ms. Louisos suggested the Bike/Ped Committee come up with some kind of incentive plan. Mr. MacDonald suggested requiring the other 50% the second time an applicant comes in. Members agreed with that. b. Planned right-of-way: Williston Road, Garden Street, Market Street: Members briefly reviewed the standards and had not issues with what is proposed. c. Affordable housing in SEQ NRN & reference corrections: No issues were raised. d. Street Connections and cul de sac standard clarifications: No issues were raised. e. Clarification of uses permitted in the Municipal, Parks & Recreation, R-7, neighborhood commercial, and Institutional Ag Districts: No issues were raised. f. Allowance for front porches in R-4 District: Mr. Klugo noted that on a recent trip to St. Augustine, he saw 8-foot front porches which made for a very nice look. Mr. Conner said the CNAPC Committee recommended a 12-foot porch related to the house and street. He showed drawings of how this could work. Mr. Klugo said he wanted to avoid a “big outdoor room” in the front of a house. Mr. Conner said the department’s intern is doing research on setbacks and what may be “correct” for a neighborhood. He explained how setbacks would work with various setbacks. Members were OK with this. g. Fence Heights in Residential Districts, SEQ and CC FBC: Mr. Kugo said he was concerned with the type of fencing, whether you can see through it, etc. The issue is how to accommodate both privacy and openness. He noted that an 8-foot fence is as high as the ceiling in the conference room and felt having 8-foot fences lined up on the street would not create openness. He suggested having fences lower in front of a house (maximum 3-feet with 50% opacity), 4-6 feet on the side of a house with 80% solid, and 6 feet toward the back yard with the first 3 feet being 100% solid, then adding in some lattice work. A fence would have to be set back at least 2 feet from the sidewalk to allow for plantings. For a house on a large piece of property, tall fences would be limited to the back of the building envelope. Mr. Conner noted most properties in the city don’t have building envelopes. Mr. Riehle liked the concept. He questioned whether this could preclude people from doing something creative. Mr. Klugo said the intent is not to cause that kind of problem. Mr. Conner suggested that if members want to go this way, to pull the proposed amendments and have staff work on language. Members agreed to pull the fencing amendments. Mr. Gagnon said he liked the idea of different opacity in different placed. He questioned the need for 6-foot with full opacity when there is a pool. He also questioned whether people might put in taller hedges to get around the fencing limitations. Mr. Klugo directed attention to notes where he began to address that. Ms. Ostby asked about a large side yard allowing a taller fence (to screen something like a hot tub). She also wanted to see a code that prevented PVC fencing. Ms. LaRose felt the zoning administrator should review this as he’s the one who will have to deal with it. She also stressed that the goal is to make regulations that homeowners use more accessible to the homeowners. Mr. Conner added the need to be aware of cost concerns. h. Administration and Enforcement – streamline Planning Commission, DRB and advisory committee authorization, power and duties, and membership to refer to state law: Mr. Conner noted that the amendment requires all Planning Commission and advisory committee members to be South Burlington residents. i. Agricultural Use Amendments not related to Agricultural Enterprise: Ms. Lousos said the amendment clears up the ‘butchering” issue. Members were OK with the new language. j. Street connections in T‐3 – Barrett Street to San Remo Drive: No issues were raised. k. Technical corrections: Mr. Conner noted that UVM’s concern with specific uses had been addressed in the Table. There is also clarification of allowing child care facilities in parks and municipal districts if those facilities are city-run. 6. Consider possible approval of Planning Commission Report on Draft Land Development Regulations and of City Map amendments and possible warning of public hearings on same: Ms. Ostby moved to approve the Planning Commission Report on Draft Land Development Regulations and City Map as discussed with the exception of Sect. 13.17 (Fences) and to set public hearings for 9 May 2017. Mr. Gagnon seconded. Motion passed unanimously. 7. Begin consideration of Planning Commission Priorities for 2017: Mr. Conner noted that Chairs and Vice Chairs of city committees have been meeting and discussing work plans, etc. There will be a discussion on how to meld these all together. The Committee Chairs want to know the Planning Commission’s priorities as well. Referring to the meeting packet, Mr. Conner noted that the first page under priorities is pretty firm, with funding. The question is how to prioritize within that group of projects. Mr. Riehle suggested looking at big properties in the city to be sure the zoning is OK before something happens that the city was not hoping for. Mr. Klugo suggested looking at long, medium and short term projects and being realistic about time and staff capacity. Mr. MacDonald asked about tasking other committees with some of the tasks. Mr. Conner said it has been suggested that committees leave a 10% buffer for addressing some Planning Commission needs. The same should be true for the Commission to address something a committee needs done. Mr. Klugo noted that in a lot of ways the Planning Commission is “reactionary.” He asked what staff is doing that might affect the Commission’s priorities. Mr. Conner said the PUD project is the biggest thing they are working on. A question is how much of the details the Commission wants to work on. Ms. LaRose asked how the Commission would want to deal with discrete parts of a problem/issue as well as the bigger concepts. This can make a difference on how much time is spent on something. Mr. Gagnon suggested spending 60% of the Commission’s time on big issues, 25% on smaller things, and 15% on “stuff that comes in .” Mr. Gagnon also suggested each identify their top priorities and then have the Commission decide. Ms. LaRose suggested giving every project a “T‐shirt size” (i.e., small, med, large). Mr. Klugo felt they need to understand the Commission’s capacity and also look at what they accomplished last year. Members agreed to come back with ideas which staff can then “intentionalize.” Ms. Ostby felt they should consider combining affordable and single family housing, not just apartments that are stepping stones to people getting single family homes in other communities. Mr. Conner said they might want to consider reference to that in the Comprehensive Plan. Mr. Gagnon said it would be helpful to understand what is in progress and the percentage of completion. Mr. Conner said there could be a status report every month. 8. Introduction in broad brush capital investment priorities for 2018-2027: Mr. Conner explained the interlocking set of 2 city budgets: the general expenses budget and the capital plan (e.g., fire trucks, culverts, etc.). He reviewed the budgeting process which begins in July and asked whether the Commission wants a role at the beginning of the process to give broad feedback regarding priorities for the city (e.g., bike paths). Mr. Klugo asked how much influence they could have in the CIP. Mr. Conner said there is a possible role, some broad guidance. Mr. Gagnon noted the CIP is a 10-year plan, a rolling document, less well defined further out. He felt the Commission has more influence further out, but might be able to give input on “tweaking” in earlier years. Mr. Klugo noted that a lot of streets bike paths, etc., are determined when a developer comes in with a pan. He felt the Commission is in a “reactionary mode.” Mr. Conner responded that there is now some “intentional” action (e.g., the Underwood property). Ms. Lousos felt the Comprehensive Plan is “intentional guidance.” Ms. LaRose said the problem is the Comprehensive Plan doesn’t put emphasis on one thing over another. 9. Minutes of 22 March and 28 March 2017: Ms. Ostby asked that in the minutes of 22 March her statement regarding single family residents being more permanent should begin “Ms. Ostby wondered if….” Ms. Harrington moved to approve the Minutes of 22 March and 22 March as written and amended. Mr. MacDonald seconded. Motion passed unanimously. 10. Other Business: a. Burlington Comprehensive Development Ordinance, public hearing 18 April 2017: Mr. Gagnon noted there is an opportunity to look at changes from other communities to see if they relate to South Burlington. b. Dumont Park Wetland Notice: No issues were raised. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:42 p.m. _________________________________ Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: PC Meeting Packet for April 11, 2017 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm) a. Meeting staff memo 3. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:07 pm) 5. Continue review of possible amendments to Land Development Regulations and Official Map (8:25 pm) See attached documents. These incorporate the requests made by the Commission. Changes since the last meeting are highlighted in Yellow. 6. Consider possible approval of Planning Commission report on draft Land Development Regulation and Official Map amendments and possible warning of public hearings on same (8:50 pm) See attached draft reports & index. The Commission may warn a public hearing on amendments. Staff recommends May 9th. 7. Begin Consideration of Planning Commission priorities for 2017 See attached list. This would be to set the Commission’s work plan for the next year. 8. Introduction – broad-brush capital investment priorities for 2018-2027 Staff would like to introduce a concept that came up last fall, of the Commission providing overall input to the City’s CIP at the START of the annual process, to provide some guidance on its overall priorities (categories of projects), and get feedback from the Commission on whether this is something it wishes to take on. 9. Meeting Minutes (9:00 pm) 10. Other Business (9:01 pm) 11. Adjourn (9:05 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Proposed Amendments to South Burlington Land Development Regulations Public Hearing Scheduled for *** Table of contents for the draft amendments: 1. End-of-trip bicycle & pedestrian facilities ...................................................................................................... 1 2. Planned Rights of Way – Williston Road, Garden Street, Market Street ........................................................ 4 3. Affordable housing in the SEQ ....................................................................................................................... 4 4. Street connections & cul-de-sacs ................................................................................................................... 5 5. Clarification of uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7-Neighborhood Commercial District ..................................................................... 7 6. Allowance for front porches in the R4 District ............................................................................................. 10 7. Fence heights in residential districts, SEQ, and CC FBC ................................................................................ 11 8. Administration & enforcement.................................................................................................................... 12 9. Agricultural Amendments not related to Ag Enterprise ............................................................................... 14 10. Form Based Code Primary and Secondary Street and Block Standards applicability ................................ 15 11. Technical corrections, formatting and typos ........................................................................................... 15 1. End-of-trip bicycle & pedestrian facilities 2.02 Definitions … Long Term Bicycle Storage. Also called protected bicycle storage. Bicycle parking spaces intended for employees, tenants, and their visitors and intended to provide a high degree of security and protection from the weather when a bicycle is unattended for a period of time in excess of four hours. Short Term Bicycle Parking. Also called bicycle parking. Bicycle parking spaces to accommodate customers, patients, employees, clients, and those biking to those locations to do business. 13.14 [reserved] Bicycle Parking and Storage 2 A. Purpose. These standards for short and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking (1) Applicability. These standards would apply to any application which meets the threshold for site plan review under Section 14.03 of the LDRs, and also within the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, projects included in (1) above but which are not new construction shall be permitted to phase in expected short term bicycle parking accordingly: (i) For first application, the applicant shall install at least 50% of required bike parking; (ii) At least 25% of remaining required bicycle parking shall be installed in subsequent applications. (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be dependent on Table XX. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. (c) If an applicant wishes to install something different, it shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a paved surface of at least 2x6 feet; (ii) Spaced to allow easy access to each bicycle and spaced at least 24 inches from obstructions, including bike racks, walls, doors, posts, columns or landscaping; (iii) Easily accessible from the street or multi-use path and protected from motor vehicles; (iv) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (v) Located at principle entrances where practicable. (e) Bicycle parking serving buildings with multiple entrances shall be dispersed so that all principal entrances are served. (f) For office building use, up to 50% of short term bicycle parking requirements may be met by supplementing the (indoor) long term bicycle parking requirements with the required short term bicycle parking spaces. C. Long Term Bicycle Storage (1) Applicability. These standards would apply to: (a) New construction of mixed use or commercial buildings and residential buildings exceeding 3 units per building; 3 (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing walls shall require compliance with all standards for long term bicycle storage. (c) Additions to buildings of more than 5,000 square feet shall require compliance proportional with the building addition. (2) Standards (a) For Residential Buildings (i) Secure Storage in bicycle locker, bicycle storage room or private enclosure outside of the private residence that protects entire bicycle, including components and accessories against theft and weather. (ii) Garages which are private to each unit may count towards parking requirements. (b) For Non-Residential Buildings (i) Secure storage in bicycle locker, bicycle storage room or enclosure that protects entire bicycle, including components and accessories against theft and weather; (ii) Where indicated in table 11, clothes lockers shall be lockable with the following dimensions: minimum 12” wide, 18” deep, 36” high. Lockers do not need to be in same place as bicycle storage; (iii) Private offices with adequate dedicated space may account for up to 50% of the required indoor parking areas and lockers; (iv) Shower and changing facilities dependent on the number of bicycles required to be stored and as shown in Table 13-10. Table 10. Bicycle Parking Requirements Type of Activity Short Term Bike Parking Long Term Bike Storage Residential buildings with more than 3 units 1 for every 10 units; minimum 41 1 for every unit Warehousing, contractor, and light industry 1 per 20k SF; minimum 2 2 per tenant Retail, restaurant, office, and all other 1 per 5k SF; minimum 4 50% of required short term bike parking spaces. Educational 1 space for each 20 students of planned capacity. For new buildings only, one space for each 20 employees. 1 May request waiver from minimum per building for buildings with less than 6 units if Development Review Board finds the need is adequately met for visitors. Table 11. Long Term parking – shower and changing room facility requirements Number of protected long term bicycle parking spaces Changing facility Unisex Showers Clothes Lockers 1-3 none none 1 4 - 9 12 12 3 For every 10 12 12 40% of LTB parking 2 if unisex units available to any gender; otherwise provide one per gender 4 2. Planned Rights of Way – Williston Road, Garden Street, Market Street Table 3-1 Existing and Planned Street Rights-of-Way Street Existing Street ROW (feet) Minimum Planned Street ROW (feet) Airport Drive 66 80 Airport Parkway 66 66 Allen Road 66 66 Dorset Street, north of Swift 66 100 Dorset Street, south of Swift 66 66 Hinesburg Road 66 80 Kennedy Drive 100 100 Kimball Avenue 100 100 Market Street 80 80 Patchen Road 66 66 Shelburne Road 100 100 Shunpike Road, east of Kimball Avenue 80 80 Spear Street 66 66 Swift Street 50 66 Williston Road, east of the Hinesburg Road-Patchen Road intersection 66 90 Williston Road, from the Hinesburg- Patchen Road intersection west 66 90 100 3. Affordable housing in the SEQ 9.05 Residential Density … C. Affordable Housing Density Increase. (1) Affordable housing bonuses pursuant to Section 13.14 18.02 are allowed in the SEQ-NR, SEQ-NRN, SEQ-NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated in Article 18 13 of these Regulations, is proposed as part of a development application, the Development Review Board may grant a density increase in any of the eligible SEQ sub-districts according to the requirements of Section 13.14 18.02. (2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 13.14 18.02) shall be based on the maximum allowable overall density of the project as a whole, including non- contiguous sending parcels where applicable. If a development plan is approved by the Development Review Board meeting, the applicable average density may be increased on the development parcel sufficient to accommodate the affordable housing units. (3) In addition, tThe Development Review Board may allow a residential structures in SEQ-VR and SEQ-VC to have two additional dwelling units per structure, up to a maximum of eight (8) dwelling units per structure, if one or more of the units in the structure is an affordable unit. This provision shall not be interpreted to allow an increase in the total allowable number of units for the project as a whole. 5 (3)(4) When an affordable housing density increase is granted in accordance with this Section and Section 18.02, the designated affordable dwelling units shall not constitute units for the purposes of calculation of Transferable Development Rights. 4. Street connections & cul-de-sacs 9.08 SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards A. Street, block and lot pattern. … (2) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent parcel for a future connection are strongly discouraged. Such Ddead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. (4 3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. 9.09 SEQ-VR Sub-District; Specific Standards A. Street, Block and Lot Pattern (1) Interconnection of Streets (a) Average spacing between intersections shall be 300 to 500 feet. (b) Dead end streets (e.g. cul de sac or hammer-head) that are not constructed to an adjacent parcel for a future connection are strongly discouraged. Such Ddead end streets shall not exceed 200 feet in length. (c) Street stubs are required at the end of dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line and connected to adjacent parcels per section 15.12(D)(4) of these Regulations. Posting signs with a notice of intent to construct future streets is strongly encouraged. (4 3) Lot ratios. Lots shall maintain a minimum lot width to depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. 9.10 SEQ-VC Sub-District; Specific Regulations 6 A. Street, block and lot pattern. (2) Interconnection of Streets (a) Average intersection spacing shall be 200 to 300 feet. (b) Dead end streets (e.g. cul de sacs or hammer-heads) that are not constructed to an adjacent parcel for a future connection are strongly discouraged. Such D dead end streets shall not exceed 200 feet in length. (c) Street stubs are required at dead end streets to allow for future street connections and/or bicycle and pedestrian connections to open space and future housing on adjoining parcels per Section 15.12(D)(4). (3) Street Connection to Adjoining Parcels. Street stubs are required to be built to the property line per Section 15.12(D)(4) of these Regulations to allow connection to adjacent parcels. Posting signs with a notice of intent to construct future streets is strongly encouraged. (4 3) Lot ratios. Lots for new residential structures shall incorporate a minimum lot width to lot depth ratio of 1:2, with a ratio of 1:2.5 to 1:5 recommended. 15.12 Standards for Roadways, Parking and Circulation … D. Criteria for Public and Private Roadways. … (4) Connections to adjacent parcels. (a) If the DRB finds that a roadway or recreation path extension or connection to an adjacent property may or could occur in the future, whether through City action or development of an adjacent parcel, the DRB shall require the applicant to construct the connector roadway to the property line or contribute to the full cost of completing the roadway connection. (b) In determining whether a connection may or could occur to an adjacent property, and the placement of such connection, the DRB may consider: (i) The existence of planned roadways or recreation paths in the City’s Comprehensive Plan, Official Map, or these Regulations; (ii) The zoning of the adjacent property and whether additional development or development density is allowable; (iii) The context of the proposed development’s setting in relation to the adjacent property; (iv) The presence of physical obstacles to such a connection, such as wetlands, water bodies, or steep slopes; (v) The presence of legal restrictions to development or use on the adjacent property; and/or; (vi) Any other information it deems necessary to make its determination. (c) If the DRB finds that a connection may or could occur to an adjacent property, but that the distance to such connection exceeds the length of the roadway or recreation being proposed for development, the DRB may accept a dedication of a right-of-way to the adjacent property and/or impose a condition that any future development on the property require construction of the roadway or recreation path. 7 (ad) In any such application, the DRB shall require sSufficient right-of-way shall be to be dedicated to accommodate two (2) lanes of vehicle travel, City utilities, and a ten-foot wide grade-separated recreation path. (d) Any such roadway or recreation path shall include one or more signs indicating the intent to construct future connections to the street or recreation path. (5) Nothing in this section shall be construed to limit the authority of the DRB to grant waivers of public roadway standards subject to the provisions of §15.12(D)(4). 5. Clarification of uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7-Neighborhood Commercial District 4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC … C. Permitted and Conditional Uses. Those uses indicated in Table C-1, Table of Uses, and accessory uses to those uses. (1) Residential as principal permitted uses as per Residential 7 District regulations and accessory dwelling units as conditional uses. (2) Office (3) Medical office (4) Retail, not including shopping centers or general merchandise stores (5) Gasoline filling station with consumer convenience center (6) Personal service establishment (7) Retail food establishment, not to exceed 5,000 square feet in gross floor area (8) Accessory uses customary to the uses listed above 7.01 Institutional and Agricultural District I-A … C. Uses. In the Institutional and Agricultural District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Permitted Uses. The following uses are permitted in the Institutional-Agricultural District. (1) Agriculture, forestry and horticultural uses (ALL) (2) Retail sale of agricultural, forest or horticultural products produced on site. Such use shall be subject to site plan review in accordance with Article 14 of these Regulations. (ALL) (3) Keeping of livestock (ALL) (4) Single-family dwelling related to agriculture, forestry or horticultural use (ALL) (5) Additional dwelling units for farm employees, subject to site plan review in accordance with Article 14 of these Regulations. (ALL) (6) Park (ALL) (7) Recreation path, subject to site plan review in accordance with Article 14 of these Regulations. (ALL) (8) Hospice (ALL) (9) Educational facility with customary educational support facilities, reviewed as a Planned Unit Development in accordance with Article 15 of these Regulations, and including without limitation the following uses in conjunction with a principal educational facility use: (a) Cultural facility (ALL) (b) Group quarters (ALL) 8 (c) Office (ALL) (d) Medical office (ALL) (e) Place of worship (ALL) (f) Recreation facility, indoor (NORTH ONLY) (g) Recreation facility, outdoor (NORTH ONLY) (h) Research facility or laboratory (ALL) (i) Photocopy and printing shop with accessory retail sales (NORTH ONLY) (j) Personal service. Use is limited to 5,000 SF GFA per tenant with a maximum of 15,000 SF GFA total footprint for the building. Tenants shall have separate entrances from one another and no direct passageways from one to another. (NORTH ONLY) (k) Short-order restaurant, within a principal permitted structure (NORTH ONLY) (l) Retail sales. Use is limited to 5,000 SF GFA per tenant with a maximum of 15,000 SF GFA total footprint for the building. Tenants shall have separate entrances from one another and no direct passageways from one to another. (NORTH ONLY) (m) Social services (NORTH ONLY) (n) Accessory uses to the uses listed above in the applicable district (i.e. North only or all) D. Conditional Uses. The following uses are allowed in the Institutional-Agricultural District as conditional uses subject to approval by the Development Review Board as a Planned Unit Development in accordance with the provisions of this Section 7.01 and Table C-2, Dimensional Standards. (1) Accessory residential dwelling units (2) Day care facility (3) Municipal building (4) Parking facility (NORTH ONLY) (5) Public utility substation and transmission lines (6) Group home (7) Cemetery (8) Accessory uses to the uses listed above in the applicable district (i.e. North only or all) D E. Area, Density and Dimensional Requirements. In the Institutional-Agricultural District, all requirements of this Section 7.01 and Table C-2, Dimensional Standards shall apply. E F. Additional Standards. All applications within this District shall be subject to the following additional standards: (1) For properties in the Institutional-Agricultural district west of Spear Street and north of Quarry Hill Road, an undeveloped area shall be maintained for a minimum of sixty-five (65) feet between the boundary of any adjacent residential zoning district and any new non- residential structure. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. (2) For all other properties in the Institutional-Agricultural district, an undeveloped area shall be maintained for a minimum of one hundred (100) feet between the boundary of any adjacent residential zoning district. The yard shall be kept free of buildings, structures, parking lots and facilities, and access drives other than those required to cross through the required yard. The DRB may require landscaping or other suitable screening in accordance with the provisions of Section 3.06 of these Regulations to ensure adequate buffering between new non-residential structures and adjacent residential districts. (3) Educational facilities and educational support facilities in the Commercial 1 district shall be subject to the dimensional standards and requirements of the Institutional-Agricultural North district. 9 (4) Educational Support Facility. Uses listed as allowable within the Table of Uses as Educational Support Facility shall be designed and intended function as a complement to the intended educational use of the property. Such uses shall be secondary to the principal educational use of the property and shall be intended to principally serve students, faculty, and staff of the educational use. 7.02 Park and Recreation District PR … C. Uses. In the Parks and Recreation District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Permitted Uses. The following uses are permitted in the Park and Recreation District. (1) Agriculture, forestry and horticultural uses (2) Retail sale of agricultural, forest or horticultural products produced on site. Such use shall be subject to site plan review in accordance with Article 14 of these Regulations. (3) Keeping of livestock (4) Park (5) Single-family dwelling related to agriculture, forestry or horticultural use (6) Additional dwelling units for farm employees, subject to site plan review in accordance with Article 14 of these Regulations. (7) Recreation path (8) Indoor recreation facility (9) Outdoor recreation facility (10) Not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation. D. Conditional Uses. The following uses are allowed in the Park and Recreation District as conditional uses subject to approval by the Development Review Board as a Planned Unit Development in accordance with the provisions of this Section 7.02 and Table C-1, Table of Uses. (1) Public utility substation and transmission lines (2) Day care center (3) Accessory residential dwelling units D E. Area, Density and Dimensional Requirements. In the Park and Recreation District, all requirements of this Section 7.02 and Table C-2, Dimensional Standards shall apply. E F. Additional Standards. All applications within this District shall be subject to the following additional standardsIn reviewing any Permitted or Conditional Use proposed under this Section shall meet the following standards in addition to those in Article 14 of these Regulations: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. (3) The proposed use will include areas that may be used or accessed by the general public. 7.03 Municipal District MU … C. Uses. In the Municipal District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. C. Permitted Uses. The following uses are permitted in the Municipal District: (1) Agriculture, forestry and horticultural uses 10 (2) Retail sale of agricultural, forest or horticultural products produced on site. Such use shall be subject to site plan review in accordance with Article 14 of these Regulations. (3) Keeping of livestock (4) Single-family dwelling related to agriculture, forestry or horticultural use (5) Additional dwellings for farm employees, subject to site plan review in accordance with Article 14 of these Regulations. (6) Community center (7) Public educational facility (8) Recreation path (9) Municipal building (10) Private providers of public services (11) Recreation facility, indoor (12) Recreation facility, outdoor (13) Offices incidental and subordinate to a permitted use listed above D. Conditional Uses. The following uses are allowed in the Municipal District as conditional uses subject to approval by the Development Review Board in accordance with the provisions of this Section 7.03 and Table C-1, Table of Uses. (1) Day care centers (2) Public utility substation and transmission lines (3) Waste handling and transfer facilities (4) Commercial or public parking facility D E. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall apply. E F. Additional Standards. All applications within this District shall be subject to the following additional standards In reviewing any Permitted or Conditional Use proposed under this Section shall meet the following standards in addition to those in Article 14 of these Regulations: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. Appendix C: Table of Uses – SEE CHANGES AT THE END OF THIS DOCUMENT. 6. Allowance for front porches in the R4 District 2.02 Specific Definitions … Porch: a covered but unenclosed projection from the main wall of a building. Porch, open: A porch, open on three sides. Railings or walls on the sides shall not exceed 40 inches in height from the porch floor. Porch, enclosed: A porch, enclosed one two or more sides by glass, plastic, netting, wire, walls, or similar temporary or permanent materials at a height above 40 inches from the porch floor. 3.06 Setbacks and Buffers … K. Front Setback for Front Decks and Porches in the R4 District 11 In the R4 District, an open porch or deck, not exceeding the width of the building face to which the porch or deck is attached and having a depth not greater than 12 feet as measured from the building face, shall have a minimum front setback of 10 feet. Access steps not greater than 5 feet in width may project 5 feet in front of the porch or deck, but in no case shall be located closer than 5 feet from the front property line. An enclosed porch, or an open porch or deck exceeding 12 feet in depth, shall be considered part of the principal building and subject to standard front setbacks. 7. Fence heights in residential districts, SEQ, and CC FBC 13.17 Fences … B. Specific Requirements. All fences are subject to the following provisions: … (4) Heights: (a) In all residential districts, the Southeast Quadrant, and City Center Form Based Code District, no fence shall exceed four (4) feet in height along or parallel to the front lot line. On a corner lot, no fence shall exceed four (4) feet in height along or parallel to any portion of the front lot line in front of the building line. (b) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer. (c) (5) A fence over eight (8) feet in height shall require approval by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (d) (6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback requirements for the zoning district, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (e)(7) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence over four (4) feet in height shall require a zoning permit from the Administrative Officer and shall be subject to the following supplemental requirements: (i a) No such fence shall exceed six (6) feet in height; and, (iib) The fence shall have a maximum opacity of 50% on all sides. (5 8) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or cause the blockage or damming of surface water. (6 9) No fence shall be erected that may create a fire hazard or other dangerous condition or that may result in obstruction to fire fighting. (7 10) Fences shall be maintained in a safe and substantial condition. (8 11) No fence shall be located or constructed on a terrace or wall that will have an overall height of more than that permitted, unless otherwise approved by the Development Review Board as a conditional use subject to the provisions of Article 14, Conditional Use Review. (9 12) Notwithstanding any other provisions within these Regulations, applications under this Section 13.17 assigned to the Development Review Board shall be reviewed by the Board in all Zoning Districts and the City Center FBC District. 12 8. Administration & enforcement 17.07 Planning Commission A. Authorization. The City of South Burlington Planning Commission is established via the City Charter, 24 V.S.A. App §13-701City Council shall appoint a Planning Commission. B. Members and Terms of Office. Membership and Terms of Office for the Planning Commission are set forth in the City Charter, 24 V.S.A. App §13-701. All members shall be appointed by the City Council. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. All members of the Planning Commission shall be residents of the City of South Burlington. Any member may be removed at any time by a unanimous vote of the City Council. If a member relocates to another municipality before his or her term of office expires, such member shall be replaced. D. Powers, Duties, and Procedural Rules. The Planning Commission shall elect its chair, vice-chairman and a clerk. and shall exercise all powers and duties as provided for in the City Charter, 24 V.S.A. App. § 13-702. The Planning Commission shall keep a record of its resolutions, transactions, and findings of fact, which shall be maintained as a public record of the municipality. The Planning Commission shall adopt by majority vote of those members present and voting such rules as it deems necessary and appropriate for the performance of its functions. E. Powers and Duties. The planning commission shall exercise all powers and duties as provided for in the City Charter, 24 V.S.A. App. § 13-702. 17.08 Development Review Board A. Authorization. The City of South Burlington Development Review Board is established by the City Council via resolution in accordance with shall appoint a Development Review Board24 V.S.A. §4460. B. Members. Board membership is set forth in 24 V.S.A. §4460 and as adopted by City Council resolution. The development review board shall have not fewer than five (5) nor more than nine (9) voting members. All members shall be appointed by the City Council. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. The City Council may appoint alternates to the members to serve in situations when one or more members of the board are disqualified or are otherwise unable to serve. Vacancies shall be filled by the City Council for the unexpired terms and upon the expiration of such terms. Each member of the Development Review Board may be removed for cause by the City Council upon written charges and after public hearing. C. Term of Office [reserved]. Four Board members shall have terms of four years and three board members shall have terms of three years. D. Procedural Rules. The Development Review Board shall elect its own officers, and adopt rules of procedure, and operate pursuant to subject to Vermont Municipal Planning and Development Act Title 24, Part 2, Chapter 117, V.S.A. Section 4462 §4461. Meetings shall be held two times each month or at the call of the chairman and at such times as the board may 13 determine. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this. The board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the City Clerk's office as a public record. For the conduct of any hearing and the taking of any action, a quorum shall not be less than a majority of the members of the board, and any action thereof shall be taken by the concurrence of a majority of the board. 17.0910 Advisory Committees Design Review Committee A. Authorization. The City of South Burlington City Council may appoint one of more advisory committees in accordance with 24 V.S.A. §4433. a Design Review Committee to advise the Development Review Board and the Planning Commission. B. Membership and terms of office. Advisory committee membership and terms of office are set forth in 24 V.S.A. §4433 and as adopted by City Council resolution. Any Design Review Committee shall have not fewer than five (5) voting members. All members shall be appointed by the City Council. All members may be compensated and reimbursed by the City of South Burlington for necessary and reasonable expenses. All members of a design review committee shall be residents of the City of South Burlington. The City Council may appoint alternates to the members to serve in situations when one or more members of the board are disqualified or are otherwise unable to serve. C. Term of Office. The term of each member shall be three (3) years, except that the terms of the members first appointed shall be so staggered that no more than two shall be reappointed or replaced during any future calendar year. Any appointment to fill a vacancy shall be for the unexpired term and shall be made as soon as practicable. If a member relocates to another municipality before his or her term of office expires, such member shall be replaced by the City Council. Each member of a Design Review Committee may be removed for cause upon written charges and after public hearing held before the City Council. In such a case, a majority of voting members of the City Council shall be required to remove a committee member. D. Powers, Duties, and Procedural Rules. Advisory committees shall elect its own officers, adopt rules of procedure, and operate pursuant to 24 V.S.A. §4461 and §4464(d). A Design Review Committee shall elect its own officers and adopt rules of procedure, subject to Vermont Municipal Planning and Development Act Title 24, Part 2, Chapter 117, Section 4462. Meetings shall be held no less than once a month or at the call of the chairman and at such times as the committee may determine. All meetings of the committee shall be open to the public. The committee shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating this. The committee shall keep records of its examinations and other official actions, all of which shall be immediately filed in the City Clerk's office as a public record. For the taking of any action, a quorum shall not be less than a majority of the members of the committee, and any action thereof shall be taken by the concurrence of a majority of the committee. E. Powers and Duties. (1) General. A design review committee is authorized to administer design review regulations as contained in these regulations. The committee may examine or cause to be examined any property, maps, books, or records bearing upon the matters concerned in a design review proceeding. 17.101 Amendments to Regulations and Maps 14 [reserved] 17.121 Violations [reserved] 17.132 Penalties [reserved] 17.143 Appeals An interested party may appeal any decision or act of the Administrative Officer to the Development Review Board within fifteen (15) days of the date of the decision or act in accordance with 24 V.S.A. §4465. 9. Agricultural Amendments not related to Ag Enterprise Section 2.02 Definitions Agriculture (Farming). shall include any of the following land use activities conducted in accordance with state-defined accepted agricultural practices and/or best management practices.: the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or the raising, feeding, or management of livestock, poultry, fish, or bees; or the operation of greenhouses; or the production of maple syrup; or the on-site storage, preparation and sale of agricultural products principally produced on the farm; or the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines. Food hub. A facility that serves as the central location for the aggregation, storage, processing, distribution, and/or marketing of local and source-identified food. TABLE 13-3: PARKING REQUIREMENTS, AGRICUTURAL USES Use Spaces Required Notes Horticulture & forestry with on-premise sales 1 per employee plus 2 per 1,000 SF GFA Horticulture & forestry, no on-premise sales 1 per employee Keeping of livestock on 10 acres or more 1 per employee Single-family dwelling related to agriculture 2 per DU Additional dwelling for farm employees 1 per bedroom TABLE 13-4: PARKING REQUIREMENTS, PUBLIC AND QUASI-PUBLIC USES Use Spaces Required Notes Place of worship 0.5 per seat Community center 0.33 per maximum permitted occupancy Cultural facility 0.33 per maximum permitted occupancy Use (continued) Parking Space Requirement Notes Educational facility: elementary and secondary schools 1 per classroom and other rooms used by students, staff or faculty, plus 0.25 per student of driving age Educational facility: college, university, or professional 1 per classroom and other rooms used by 15 school students, staff or faculty, plus 0.50 per student Food Hub 1 per employee plus 2 per 1,000 SF GFA Personal instruction facility 2 per employee Municipal facility 3 per 1,000 SF GFA Educational support facilities 2 per 1,000 SF GFA [staff note: parking table cut off in memo only for brevity] 13.27 Food Hubs A. General requirements. A food hub is mostly closely aligned with a farm stand with respect to types of products available. The principal function of a food hub shall be to provide local farmers and food producers predictable and coordinated access to individuals, retailers, and institutions. This is encouraged to be a distribution point for shares in Community Supported Agriculture (CSAs). (1) A Food Hub is explicitly not a “Retail Sales” use. A food hub is not intended for consumers to shop through a wide variety of goods, especially those which are processed or not grown locally, throughout most of the day, week, and year. (2) In addition to the definition found in these Regulations, a food hub may also constitute an organization responsible for the roles listed herein, and may include technical assistance to local farmers in conjunction with its duties as a central location. B. Specific standards (1) Processing activities at the food hub location shall be limited to non-mechanized packaging, provided it is subordinate to the distribution activities. (2) Storage is permissible for terms of less than 30 days. (3) Butchering or killing of livestock shall not be permitted within the designated food hub area. (4) A food hub may be host to- with no greater frequency than once per week- a farmer’s market without additional municipal review or permitting. (5) Edible landscaping is strongly encouraged; the value of edible landscaping used at Food Hub sites shall be counted towards the minimum landscaping budget as 150% of every dollar planted. C. Permitting (1) Facilities under 5,000 GFA may be reviewed under Section 14.09, Administrative Review. (2) Facilities larger than 5,000 GFA shall require DRB Site Plan review in accordance with Chapter 14 of these Regulations. Appendix C: Table of Uses – SEE CHANGES AT THE END OF THIS MEMO. 10. Form Based Code Primary and Secondary Street and Block Standards applicability See City Center FBC Block Standards & Street Type applicability map 11. Technical corrections, formatting and typos  Conditional Use Procedural clarification. 14.10 Conditional Use Review: General Provisions and Standards 16 D. Review and Approval Procedure. A use designated as a conditional use in any district may be permitted by the Development Review Board, after public notice and public hearing, according to the following procedures: (1) Any conditional use shall be either: (a) is subject to site plan review, except as provided for in Section 14.03(B), and shall be therefore reviewed under the requirements of Article 14, Site Plan and Conditional Use Review; or, (b) is subject to planned unit development review and shall be therefore reviewed under the requirements of Article 15, Planned Unit Development.  Listing of SEQ-NRN District. 3.01 Establishment of Districts and Description of Certain Districts A. Establishment of Districts. (1) Residential Districts R1 Residential 1 District R1-PRD Residential 1 with Planned Residential Development District R1-Lakeshore Residential 1- Lakeshore District R2 Residential 2 District R4 Residential 4 District R7 Residential 7 District R12 Residential 12 District LN Lakeshore Neighborhood District QCP Queen City Park District SEQ-NRP Southeast Quadrant-Natural Resource Protection District SEQ-NRT Southeast Quadrant-Neighborhood Residential Transition District SEQ-NR Southeast Quadrant-Neighborhood Residential District SEQ-NRN Southeast Quadrant Neighborhood Residential North District SEQ-VR Southeast Quadrant-Village Residential District  Parking in front of buildings in R7-NC. 4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC … E. Additional Standards. … (3) Access, parking, and internal circulation: (a) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one-fourth of mile for purposes of this zoning district). Any requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (b) Parking shall be placed to the side or rear of the structures if possible. (c b) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (d c) Access improvements and curb cut consolidation may be required. 17 Single-family 12,000 SF (1.2)15%**30%20 10 30 15 25 28 2 3 1 4 Two-family 24,000 SF (1.2)15%30%20 10 30 15 25 28 2 3 1 4 All other uses 40,000 SF (1.2)15%30%20 20 30 15 25 28 2 3 1 4 SEQ-NRP, NRT, NRN* and NR * See Article 9 for additional dimensional standards in the SEQ-NRN subdistrict. Where a conflicts exists, the more restrive shall apply. (e d) Where existing residential dwellings are converted to nonresidential use, the residential appearance of the structure shall be retained.  Location Descriptions of C1-AUTO and C1-AIR districts. Removes the description of the location of these two districts. Other districts do not have such descriptions; they simply use the map. 5.02 COMMERCIAL 1 WITH AUTOMOBILE SALES DISTRICT (C1-AUTO) … C. [RESERVED] Location. This area is generally bounded to the south by Holmes Road, to the west by the western boundaries of 1185 - 1325 Shelburne Road and Fayette Road, to the north by the northern boundary of the South Burlington Cemetery Property west of Shelburne Road and the northern boundary of 1030 Shelburne Road east of Shelburne Road, and to the east by the R4 District boundary north of Baldwin Avenue and the centerline of Shelburne Road south of Baldwin Avenue. After the adoption of these land development regulations, new C1- AUTO districts shall be permitted only upon action of the Planning Commission and City Council and where the existing zoning is Commercial 1 (C1). 5.03 COMMERCIAL 1 DISTRICT WITH AIRPORT USES C1-AIR … C. [RESERVED] Location. After the adoption of these Regulations, new C1-AIR districts shall be permitted only upon action of the Planning Commission and City Council and only where the pre-existing zoning is Commercial 1 (C1), or where the new district is adjacent to the Burlington International Airport or to an existing Airport District or Airport Industrial District.  SEQ-NRN dimensions. TABLE C-2 DIMENSIONAL STANDARDS APPLICABLE IN ALL DISTRICTS  Dimensional standards, C1-LR, AR, SW districts. Appendix C Table of Dimensions Buildings only Buildings, parking and all other impervious surfaces Front(s)Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see section 3.07(B)] Total Stories Maximum site coverage: Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max. residential density in dwelling units per acre) Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40 Retail (principal permitted use, max. 5,000 SF GFA) 20,000 SF 40%70%30 10 30 15 35 40 Other n Non- residential uses 20,000 SF 40%70%30 10 30 15 35 40 C1-LR 18  Density in C1-Auto district. Appendix C Table of Dimensions  Typographic correction in approval process. 17.04 Expiration of Permits and Approvals … B. Expiration of Approvals. (a) The Development Review Board or Administrative Officer has approved a request for extension of the approval. The Board or Administrative Officer may approve one (1) extension to an applicant if reapplication takes place before the approval has expired and if the Board determines that conditions are essentially unchanged from the time of the original approval. In granting such an extension, the Board or Administrative Officer may specify a period of time of up to one (1) year for the extension. Single-family 6,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 8,000 SF (12)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 3,500 SF/unit (12)40%70%30 10 30 15 35 40 Retail (principal permitted use, max. 5,000 SF GFA) 20,000 SF 40%70%30 10 30 15 35 40 Other n Non- residential uses 20,000 SF 40%70%30 10 30 15 35 40 AR Single-family 6,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Two-family 10,000 SF (7)30%40%30 10 30 15 25 28 2 3 1 4 Multi-family 6,000 SF/unit (7)30%40%30 10 30 15 35 40 Retail (principal permitted use, max. 5,000 SF GFA) 20,000 SF 40%70%30 10 30 15 35 40 Other n Non- residential uses 20,000 SF 40%70%30 10 30 15 35 40 SW Buildings only Buildings, parking and all other impervious surfaces Front(s)Side yard(s) Rear Accessory Principal (flat) Principal (pitched) Stories Facing Street Stories Below Roofline Roofline Stories [see section 3.07(B)] Total Stories Maximum site coverage: Maximum Building HeightStandard setbacks (feet):District Land Use Minimum lot size (max. residential density in dwelling units per acre) C1-Auto Multi-family 3,500 SF/unit (12 or 15)40%70%30 15 30 15 35 40 All other uses 40,000 SF 40%70%30 15 30 15 35 40 CITY OF SOUTH BURLINGTON CITY OF BURLINGTONDRDORSET ST SHERRY RDGARDEN STHINESBURG RDCOTTAGEGROVEAVE Commercial BoulevardGarden StreetSee 11.02(C)(1)Support StreetMarket StreetSee 11.02(C)(1)NeighborhoodStreet NarrowWHITE STPATCHEN RD WILLISTONRDPROUTY PKWYPINE STPINETREETERRDEANESTHOPKINS ST HELEN AV SHEPARDLNLILACLNHEATHSTMIDAS DR SUNSET AVWOODLANDPLEXECUTIVEMARY STMARKET STGILBERT STMYERS CT CHARLES ST IBYSTSPEAR ST ELSOM PKWY BARRETT STHAYDEN PKWY INTERSTATE89 OBRIEN DR S LO C UM ST SAN REMO DR EAST TERRNeighborhood StreetSupportStreetNeighborhood/Support StreetSupportStreetNeighborhoodStreetNeighborhood Street/Bike BoulevardCommercialBoulevardLegendExisting Road ParcelsPlanned Recreation PathPrimary Existing StreetsPrimary Planned StreetsSecondary Existing StreetsSecondary Planned StreetsPlanned Street Right of WayProposed City Center ZoningTransect ZonesT-1T-3T-3+T-4T-5Park/CivicEP:\Planning&Zoning\Zoning\FBC\FBC_PRim_SecRoads_BlockStndrd.mxd exported by:mbrumberg On 3/29/2017City Center Form Based Code - Primary & Secondary Streets & Block Standard ApplicabilityEffective Date: March 21, 2017DRAFT: March 29, 2017*Approximate locations of proposed roads, to be used for planning purposes only. Please refer to original studies for exact road centerlines.0 700 1,400350Feet Street Designation Label CITY OF SOUTH BURLINGTON CITY OF BURLINGTONBlock StandardsAppicability Non-ExemptINTERSTATE 89WHITE STDORSET ST HINESBURG R D ASPEN DRRUTH STGARDEN STPATCHEN RD MIDAS DR MARY STMAR K E T S T WILLISTON RDIBY STSAN REMO D R LegendForm Based Code Area (346 acres)Existing Road ParcelsExisting StreetsPlanned StreetsPlanned Recreation PathPlanned Street Right of WayParksTax Parcel BoundaryEP:\Planning&Zoning\Planning\OfficialMap\OfficialMap2016\OfficialMap_2016.mxd exported by:mbrumberg On 3/29/2017City of South BurlingtonPlanning & Zoning - Official Map (Form Based Code Area)Effective March 21, 2017DRAFT: March 29, 2017*Approximate locations of proposed roads, to be used for planning purposes only. Please refer to original studies for exact road centerlines.0 700 1,400350Feet APPENDIX C USES and DIMENSIONAL STANDARDS C-Residential/Institutional 1 South Burlington Land Development Regulations Effective June 27, 2016 RESIDENTIAL & INSTITUTIONAL DISTRICTS IA(1)PR MU R1 R2 R4 R7 R7- NC(2) R12 LN QCP SEQ- NRP SEQ- NRT SEQ-NR SEQ-VR SEQ- VC(2) Residential Uses Single-family dwelling P P P P PUD PUD P P P P P P P Two-family dwelling PUD P P P PUD PUD P P P P P P Multi-family dwelling PUD PUD P PUD PUD PUD C PUD P P Accessory residential units Group home or Residential Care Home C P P P P PUD PUD P P P P P P P Agricultural Uses Agricultural uses consistent with State- defined "Farming" activity Horticulture & forestry with on-premise sales Horticulture & forestry, no on-premise sales Keeping of livestock on 10 acres or more P P P P P P P P P Single-family dwelling related to agriculture P P P P P P P P P P P P P Additional dwellings for farm employees P P P P P P P P P P P P P Public & Quasi-Public Uses Cemeteries Community center PUD P P P C P P P Congregate care, assisted living, or continuum of care facility C-TO C C C Cultural facility PUD (11) Educational facility PUD P C C C Educational support facilities PUD Funeral homes, mortuaries, and crematoriums C C Group quarters PUD (11) Hospice PUD P Municipal facility C C P Parks Personal instruction facility P P (6) Place of worship PUD (11)P P P P P P P P P P Recreation paths Institutional Residential Southeast Quadrant Please See Section 3.10 for Regulations Conditional in all districts Permitted in all districts Permitted in all districts Permitted in all districts; 3 acre minimum lot size in all districts. Permitted in all districts Exempt from local regulation in all districts APPENDIX C USES and DIMENSIONAL STANDARDS C-Residential/Institutional 2 South Burlington Land Development Regulations Effective June 27, 2016 RESIDENTIAL & INSTITUTIONAL DISTRICTS IA(1)PR MU R1 R2 R4 R7 R7- NC(2) R12 LN QCP SEQ- NRP SEQ- NRT SEQ-NR SEQ-VR SEQ- VC(2) Institutional Residential Southeast Quadrant Social services PUD C-TO C Commercial Uses Adult use Auto & motorcycle service and repair, accessory use, no fueling pumps C Bed and breakfast, min. 1 acre lot C C C C C C C C(3) Family child care home, registered or licensed P P P P P P P P P P P P P Child care facility, licensed non-residential C C(12)P(12)P P (4)P Commercial greenhouse C-ACC Commercial or public parking facility N-PUD (11)C Food Hub P(7)P(6)P(6)P(6)P(7)P(7)P(6)P(6)P(6)P(6)P(7) Financial institution P Golf course C C C Office, general PUD (11)C (10)PUD-TO P PUD-TO C Office, medical PUD (11)PUD-TO P PUD-TO C Personal or business service, principal use N-PUD (7) (11) P P (6) Pet Grooming P Photocopy & printing shops with accessory retail N-PUD (11) Private providers of public services, including vehicle storage and maintenance P Recreation facility, indoor N-PUD (11)C P C P C C C P (6) Recreation facility, outdoor N-PUD (11)C P C P C C Research facility or laboratory N-PUD (11) Restaurant, short order N-PUD (11)C Restaurant, standard N-PUD (11)C C Retail sales N-PUD (7) (11) P (7)C (6) Seasonal Mobile Food Unit P Service station C Waste transfer stations C APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 3 South Burlington Land Development Regulations Effective June 27, 2016 City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND Residential Uses Single-family dwelling PUD P P P Two-family dwelling PUD P P Multi-family dwelling PUD PUD PUD PUD PUD PUD PUD Accessory residential units Group home or Residential Care Home PUD P P P Agricultural Uses Horticulture & forestry with on-premise sales Horticulture & forestry, no on-premise sales Keeping of livestock on 10 acres or more Single-family dwelling related to agriculture P P Additional dwellings for farm employees P P Public & Quasi-Public Uses Cemeteries Community center P P PUD P Congregate care, assisted living, or continuum of care facility C C C C C Cultural facility Educational facility PUD PUD C C C Educational support facilities PUD(5)PUD(5) Food Hub P(7)P(6)P(6)P(6)P(6)P(6)P(6)P(7)P(7)P(7) Funeral homes, mortuaries, and crematoriums C C C C C C C C C C Hospice P P P P P P Municipal facility P P P C C Parks Personal instruction facility P P P P P P P P P P P Place of worship P P P P P P P P P-ACC AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Exempt from local regulation in all districts Permitted in all districts Please see Section 3.10 for regulations Conditional in all districts APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 4 South Burlington Land Development Regulations Effective June 27, 2016 City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Recreation paths Skilled nursing facility C C C C C C Social services C C C C C C C Commercial & Industrial Uses Adult use Agriculture & construction equipment sales, service & rental P P Airport Uses P P Animal shelter C C P Artist production studio P P P P P Auto & motorcycle sales P P P Auto & motorcycle service & repair P P P Auto rental, with private accessory car wash & fueling P P P P P Bed & breakfast C C Cannabis dispensary (dispensing only)P P P P P P P-TO Cannabis dispensary (cultivation only)P P Car wash P Child care facility, licensed non-residential P P P P P P P P P P Commercial greenhouse PUD P P Commercial kennel, veterinary hospital and pet day care C C P P P P Commercial or public parking facility C C C C C C C C C Contractor or building trade facility P P P P Distribution and related storage, with >15% of GFA in office or other principal permitted use by same tenant C P P P Drive-through bank PUD PUD PUD PUD PUD Permitted in all districts See Article 8 APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 5 South Burlington Land Development Regulations Effective June 27, 2016 City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Equipment service, repair & rental P P Family child care home, registered or licensed P P P P Financial institution P P P P P ACC P P Flight instruction P P P Hotel PUD PUD PUD C C C C Hotel, extended stay PUD PUD C C C C Indoor theater P P Indoor vehicle storage, maximum 10,000 square feet P-ACC Junk yard Light manufacturing PUD PUD P P P P Lumber and contractor’s yard P P P Manufacturing & assembly from previously prepared materials & components P P P P P PUD P P P P Mobile home, RV and boat sales, repair & service P P Motor freight terminal C P Office, general P P P P P P P PUD P P P Office, medical P P P P P P P PUD-TO P P-TO Personal or business service P P P P P(7)P P P (7)P P Pet grooming P P P P P P P P P Photocopy & printing shops, with accessory retail P P P P P P P P-ACC P P Printing & binding production facilities C P P P P Private providers of public services, including vehicle storage and maintenance P P P P Processing and storage P P P P P P Radio & television studio P P P C P P P APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 6 South Burlington Land Development Regulations Effective June 27, 2016 City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Recreation facility, indoor P P P P P P P P-ACC P P Recreation facility, outdoor C C C C C C C C C Research facility or laboratory P P P P P P P P P P P Restaurant, short order P P P P P P-ACC P-ACC P-ACC P P-ACC P-ACC Restaurant, standard P P P P P P P P P-ACC Retail sales P (8)P P P(8)P (7)P (7)P (7)P (7) P (9)P (8)P-ACC Retail warehouse outlet P P Sale, rental & repair of aircraft & related parts P P Seasonal Mobile Food Unit P P P P P P P P P Self-storage P ACC, P- Non-TO Service station C C Shopping center C C Taverns, night clubs & private clubs P P P P P P P P Transportation services P P Warehousing & distribution C C P P Wholesale establishments C C P P P Key and Notes to the Table above: (1) For all IA District Uses please refer to Section 7.01, Institutional and Agricultural District. "N" refers to the Institutional-Agricultural North sub-district. (2) R7 and SEQ-VC as classified as non-residential zoning districts, but are included in this table for purposes of efficiency (3) No minimum lot size for bed & breakfast in the SEQ-VC district P = Permitted Non-TO = Allowable only outside of the Transit Overlay District C = Conditional Use PUD = Allowable within a Planned Unit Development ACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay District (4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existings as of July 1, 2013, may be expanded, APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 7 South Burlington Land Development Regulations Effective June 27, 2016 City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial (5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7. (12) Allowable only as a municipally-operated facility. (11) Use is allowed only as an Educational Support Facility. See Section 7.01(E) (7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (10) Use is restricted to not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation Appendix G Bicycle Parking   Examples  Acceptable Not Acceptable  INVERTED U SERIES/CORRAL Post & Ring INVERTED U Bike lockers Vertical Two-Tier Graphics used with permission. Credit: AssociaƟon of Pedestrian and Bicycle Professionals, EssenƟals of Bike Parking, 2015 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Proposed Amendments to the Land Development Regulations Planning Commission Public Hearing **********, 2017 at 7:00 pm Index to Amendments Amendments are proposed to the sections below. Under each section, one or more descriptions of purpose as described in the public hearing notice are listed. Throughout: Typographical and numbering corrections Purposes: Non-substantive changes to correct typos and numbering Section 2.02: Definitions Purposes: new definitions related to bicycle storage, agriculture, and porches Table 3-1: Existing and Planned Street Rights-of-Way Purposes: Modifies planned street ROW for Williston Road west of Patchen Road, establishes planned Street ROW for Market Street. Section 3.01: Establishment of Districts and Description of Certain Districts Purposes: add listing of SEQ-NRN subdistrict Section 3.06: Setbacks and Buffers Purposes: Modifies front porch setbacks in the R4 district Section 4.06: Residential 7 with Neighborhood Commercial District – R7-NC Purposes: remove redundancies and clarify permitted and conditional uses, together with Table of Uses, and remove parking location reference (addressed elsewhere) Section 5.02: Commercial 1 with Automobile Sales District (C1-Auto) Purpose: remove description of location of district. Section 5.03: Commercial 1 with Airport Uses District (C1-Air) Purpose: remove description of location of district. Section 7.01: Institutional and Agricultural District I-A Purposes: remove redundancies and clarify permitted and conditional uses, together with Table of Uses. Section 7.02: Park and Recreation District PR Purposes: remove redundancies and clarify permitted and conditional uses, together with Table of Uses. Section 7.03: Municipal District MU Purposes: remove redundancies and clarify permitted and conditional uses, together with Table of Uses. Section 9.05: Residential Density Purposes: technical corrections and modifications related to affordable housing density bonuses in the Southeast Quadrant District. Section 9.08: SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards Purposes: modifies standards for street connection requirements Section 9.09: SEQ-VR Sub-District; Specific Standards Purposes: modifies standards for street connection requirements Section 9.10: SEQ-VC Sub-District; Specific Regulations Purposes: modifies standards for street connection requirements Table 13-4: Parking Requirements Purposes: establishes parking standard for food hub use. Section 13.14 & new Tables 13-10 and 13-11: Bicycle Parking and Storage Purposes: New section and table establishing standards for bicycle parking & storage Section 13.17: Fences Purposes: limits heights of front yard fences in residential, SEQ, and City Center districts Section 13.27: Food Hub Purposes: new section to address the newly added use, food hub. Section 14.10: Conditional Use Review: General Provisions and standards Purposes: technical correction in procedures for review Section 15.12: Standards for Roadways, Parking and Circulation Purposes: modifies standards for street connection requirements Section 17.04: Expiration of Permits and Approvals Purposes: technical correction on missing word “applicant” Section 17.07: Planning Commission Purposes: modifies powers, duties, authorization, and membership to point to City Charter and State Law. Section 17.08: Development Review Board Purposes: modifies powers, duties, authorization, and membership to point to City Charter and State Law. Section 17.10: Advisory Committees Purposes: renames design review committee to reference all advisory committees and modifies powers, duties, authorization, and membership to point to City Charter and State Law. Table C-1: Table of Uses Purposes: Purposes: remove redundancies and clarify permitted and conditional uses, together with sections 5.03, 7.01, 7.02, and 7.03. Also clarify agricultural uses and add food hub use. Table C-2: Table of Dimensions Purposes: Add SEQ-NRN to table of dimensions, remove redundancies in standards for C1- LR, AR, SW, clarify permitted density in C1-Auto to be consistent with text. Map: City Center Form Based Codes District - Primary and Secondary Block Standards Purposes: modify planned connection from San Remo Drive to Barrett Street to be a recreation path, add dead-end street off Barrett Street 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Official Map Amendment Report Planning Commission Public Hearing ***, 2017, 7:00 pm In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following updated report regarding the proposed amendments to the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission has warned a public hearing for ***********, at 7:00 pm in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT. The Planning Commission is holding the hearing to consider the following amendments to the South Burlington Land Development Regulations: 1. End-of-trip bicycle & pedestrian facilities ............................................................................................................. 2 2. Planned Rights of Way – Williston Road and Market Street................................................................................. 2 3. Affordable housing in the SEQ .............................................................................................................................. 3 4. Street connections & cul-de-sacs .......................................................................................................................... 4 5. Clarification of uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7-Neighborhood Commercial District ..................................................................................... 5 6. Allowance for front porches in the R4 District ...................................................................................................... 6 7. Fence heights in residential districts, SEQ, and CC FBC ........................................................................................ 7 8. Administration & enforcement ............................................................................................................................. 7 9. Agricultural Use / Food Hub Amendments ........................................................................................................... 8 10. Street connections in T3 – Barrett Street to San Remo Drive .......................................................................... 9 11. Technical corrections, formatting and typos .................................................................................................. 11 Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): 2 “…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. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” 1. End-of-trip bicycle & pedestrian facilities Brief summary & Functional Change: The amendment would replace existing requirement for “a bicycle rack” at each non-residential and multi-family residential building with tiered requirements short-term bicycle parking spaces (ie, bike rack spaces), number of secure bicycle parking spaces (ie, indoor or enclosed), and showers. Also sets standards for the secure design of bike racks. Location of Amendments in the LDRs: Chapter 2, Definitions; Chapter 13.14 Supplemental Regulations; Appendix G. Analysis & Findings per 24 VSA 4441(c): (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 City’s Comprehensive Plan sets a goal to “Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile” (p. 1-1), and includes objectives to “Reduce the percentage of trips taken by single-occupancy vehicles in the City” and “Seek alternative traffic congestion relief measures before existing roadway segments are expanded” (p. 2-66). The provision of these “end-of-trip” bicycle facilities will directly support the above-listed goals and objectives of the Plan. The amendments will also support the availability of safe and affordable housing by assuring that residents have places to keep bicycles and reduce dependence of vehicle ownership. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 2. Planned Rights of Way – Williston Road and Market Street Brief summary & functional change: Revises the planned width of the two streets listed above based on the work of the Williston Road Network Study and Market Street design plans. Specifically, would 3 require a slightly larger accommodation of future streets along Williston Road (100’ instead of 90’) and Market Street (80’). Location in the Land Development Regulations: Section 3.06, Table 3-1, Map: City Center Form Based Code – Primary and Secondary Streets & Block Standard Applicability Analysis & Findings per 24 VSA 4441(c): (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 City’s Comprehensive Plan sets a goal to “Establish a city center with pedestrian- oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community” (p. 1-1), and includes an objective to “Provide a transportation network that complies with Complete Streets mandates and maximizes efficiency and safety for all types of users (pedestrians, cyclists, transit, automobiles, trucks, rail, and air) (p. 2-66).” These slightly altered planned street rights-of-way will help to assure that all users can be comfortably and appropriately accommodated, especially in light of the City’s Form Based Codes standards which allow buildings to have a zero-foot setback from the right-of-way. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed planned right-of-way widths are closely in keeping with the planned future land uses and densities of the Comprehensive Plan’s Central District. (3) Carries out, as applicable, any specific proposals for any planned community facilities. These amendments will aid in the completion of the planned transportation projects listed on pages 2-67 through 2-73. The streets in question have also been the subject of their own planning / design efforts which support these figures. 3. Affordable housing in the SEQ Brief Summary & functional change: Adds the SEQ-Neighborhood Residential North subdistrict to the list of zoning districts where a density bonus is allowed for affordability. Also clarifies that affordable units approved through density bonus do not require TDRs, and corrects section references. Location in the LDRs: 9.05(C) Analysis & Findings per 24 VSA 4441(c): (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 City’s Comprehensive Plan sets a goal to “Be affordable, with housing for people of all incomes, lifestyles, and stages of life” (p. 1-1), and includes a strategy to “Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be 4 explored and could income… transferable development rights… [and] bonuses and incentives.” (p.2-16). The proposal expands opportunities for safe and affordable housing in this part of the City. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments consistent with the planned future land uses and densities of the Comprehensive Plan’s Southeast Quadrant District. The district calls for densities of between four and eight units per acre, using development rights. The total development potential in the SEQ-NRN district would remain below 8 units per acre, including all TDRs and affordable housing density bonuses. All market rate units above the standard (non- bonus) housing allowances would require TDRs. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. 4. Street connections & cul-de-sacs Brief summary: This amendment would clarify how and when street connections should be required and when the southeast quadrant’s limits on dead-end street lengths are to be applied: • The relationship between two related standards in the SEQ: (1) that dead end streets shall not exceed 200’ in length, and (2) that street connections must be made to adjacent properties where the DRB finds it likely that such a connection would link to a future road / development; • Establish criteria for the DRB to determine whether a road connection is likely; • Establish criteria by which the DRB can determine that a right-of-way or phased connection is appropriate; and, • Affirm that where a connection is required, the applicant must build the connection or pay the full amount of such connection. Functional change: Clarity to DRB when these items come into contact with one another. Amendment would state that a street must connect where reasonably likely, and that any dead-end street NOT intended to connect to an adjacent property shall not exceed 200’ in length. Location in LDRs: 9.08(A)(2), 9.09(A)(1), 9.10(A)(2), 15.12(D)(4) Analysis & Findings per 24 VSA 4441(c): (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 City’s Comprehensive Plan sets a goal to “Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile” (p. 1-1). It also includes objectives to “connect neighborhoods with one 5 another via road segments and with commercial areas for local, slow speed circulation” (p. 2-66), and to “provide a transportation network that is supportive of and integrated into the adjacent land uses and that is designed to minimize fragmentation of and adverse impacts to identified natural, cultural, scenic, and other open space resources” (p 2-66). The proposed amendments are intended to clarify responsibilities for road connections. Acknowledging that the installation of infrastructure is an element of the cost of developing housing, these amendments seek to assure that connections are made where they are in the long term interests of the community and discouraged where they are not. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are consistent with the proposed future land uses and densities spelled out in the plan. Specifically, the future land uses and transportation system are intended to be implemented in a complementary manner. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments include a provision specifying how planned future roadways should be incorporated into development where such planned features are shown on official city documents. 5. Clarification of uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7- Neighborhood Commercial District Brief summary: would eliminate a duplication of permitted uses in these three zoning districts. Currently, the list of permitted / conditional uses in these three zoning districts are listed both in Article 7 (in text form) and in the Table of Uses. For all other districts, the text description of uses was eliminated many years ago. This amendment would remove the duplication and make clarifications where the duplicated uses were in conflict with one another. Functional change: Eliminates the lists of uses in Article 7, corrects the table of uses. Location in LDRs: Sections 4.06, 7.01, 7.02, 7.03, Appendix C Analysis & Findings per 24 VSA 4441(c): (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 do not involve significant policy changes; they are intended to remove redundant standards in the LDRs and, as necessary, clarify where two existing standards were not written with the same wording. The Comprehensive Plan includes an objective to “Conduct a comprehensive analysis pf City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving the predictability of the process” (p. 2-22). 6 The purposes of each district and goals of the Comprehensive Plan were used wherever a clarification was necessary. The proposed amendments are not expected to have an effect on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments consist of clarifications to existing standards. No significant changes to proposed future land uses or densities are proposed. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments consist of clarifications to existing standards. No changes affecting planned community facilities are proposed. 6. Allowance for front porches in the R4 District Brief summary: Per the Chamberlin Committee final report, would allow open air front porches to be built up to 18 feet from the front lot line (the setback for buildings is 30 feet). Any such porch would need to be open on three sides at a height of 40 inches and above. Functional change: Creates a reduced setback for porches open on three sides and clarifies that a porch within the front yard setback cannot be enclosed (except in the case of buildings built prior to 1974, which have a special exception). Location in the LDRs: Section 2.02 (definitions for Porch, Open Porch, and Enclosed Porch), and Section 3.06(K). Analysis & Findings per 24 VSA 4441(c): (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 amendment would allow for front porches to be added to homes in the City’s largest residential zoning district. The City’s Comprehensive Plan sets goals for “Creating a robust sense of place and opportunity for our residents and visitors,” (p. 1-1) and to “Keep unique features, and maintain or enhance the quality of life of existing neighborhoods.” (p. 1-1) Further, the Plan includes an objective in its Quality of Life chapter to “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” (p 2-53). By giving residents the opportunity to add front porches to their homes, it will help to enhance the sense of neighborhood and interaction between neighbors, and through this, help support overall safety in neighborhoods. The proposed amendment is not expected to affect the availability of affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. 7 As noted above, this amendment will implement the land use policies of the City’s Comprehensive Plan. It is not anticipated to impact densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. No changes affecting planned community facilities are proposed. 7. Fence heights in residential districts, SEQ, and CC FBC Brief summary: Per the Chamberlin Committee final report, would limit the height of fences in front yards to 4 feet in height in the City’s residential districts. The Committee had recommended this as a way to foster pedestrian-friendly neighborhoods. Functional change: Limits the height of fences in front yards (in front, and on corner lots, the street side) to 4 feet in the R1, R1-LV, R1-LR, R2, R4, R7, R7-NC, SEQ Districts, and FBC districts. Location in the LDRs: Section 13.17(4)(a) Analysis & Findings per 24 VSA 4441(c): (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 amendment would limit the administrative approval of front-yard fences in residential zoning districts to four feet. Taller fences would be required to obtain conditional use approval by Development Review Board subject to be permitted. The City’s Comprehensive Plan sets goals for “Creating a robust sense of place and opportunity for our residents and visitors,” (p. 1-1) and to “Keep unique features, and maintain or enhance the quality of life of existing neighborhoods.” (p. 1-1) Further, the Plan includes an objective in its Quality of Life chapter to “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” (p 2-53). This amendment would enhance the sense of neighborhood and interaction between neighbors, and through this, help support overall safety in neighborhoods. The proposed amendment is not expected to affect the availability of affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. As noted above, this amendment will implement the land use policies of the City’s Comprehensive Plan. It is not anticipated to impact densities. (3) Carries out, as applicable, any specific proposals for any planned community facilities. No changes affecting planned community facilities are proposed. 8. Administration & enforcement Brief summary: Eliminates language in the establishment of the Planning Commission, Development Review Board, and Design Review Committee that duplicates State Law, or is more appropriately 8 City Council policy. Also names the Design Review Committee enactment to “advisory committees” to be consistent with State Statutes and current operations in South Burlington where other committees, such as the Bike Ped Committee and Recreation & Parks Committee, have a role in development review. This amendment was precipitated from a question that arose at the DRB where language in our LDRs read slightly differently from State Statues as it pertains to Open Meetings. Functional change: Simplifies language and eliminates text. Location in the LDRs: Sections 17.07, 17.08, 17.10 Analysis & Findings per 24 VSA 4441(c): (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 administrative in nature, clarifying roles of various boards referencing state statutes. The Comprehensive Plan includes an objective to “Conduct a comprehensive analysis pf City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving the predictability of the process” (p. 2-22). The proposed amendments are anticipated to aid in the clarity of the review process for all types of development, including safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to have an effect on proposed future land uses or densities of the Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. No changes affecting planned community facilities are proposed. 9. Agricultural Use / Food Hub Amendments Brief summary: Amendments are predominantly related to food hub regulations and related definitions. Rooted in Sustainable Agriculture 2013 report and recommended by Sustainable Agriculture sub-committee of Planning Commission. Creates a new use category, food hub, which is a distributor of local food produced and/or made into value-added products from on and off-site locations. The amendments also remove text and standards where State statues limit local regulation of agricultural practices. Functional change: Changes to definitions; new additions and allowed use for food hub, removal of language where state law prohibits local regulation of certain agricultural & silviculatural practices. Location in the LDRs: Chapter 2 (Definitions); Chapter 13.27 (new); Table 13-3; Analysis & Findings per 24 VSA 4441(c): 9 (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 implement the Comprehensive Plan goal to “Support markets for local agricultural and food products,” (p. 1-1), objective to “enable, encourage, and incentivize agriculture and local food production dispersed throughout the City” (p. 2-119). The Plan also includes a strategy to “Facilitate local farmers’ ability to sell and process their products within the City and use the Land Development Regulations to incentivize urban agriculture and local food production in the City” (p. 2-119). The proposed amendments are not anticipated to affect the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to have an effect on proposed future land uses or densities of the Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. No changes affecting planned community facilities are proposed. 10. Street connections in T3 – Barrett Street to San Remo Drive Brief summary: Would change the designation of the street connection between Barrett Street and San Remo Drive to a recreation “path”, with a planned ROW of 20 to 40 feet. Would also show the planned street extending north from Barrett Street as being a dead-end, secondary street. Functional change: Clarifies that a pedestrian connection is sought between this residential neighborhood and the Dorset Street corridor, would otherwise have been determined as part of development review; allows a dead end in the T3 district. Location in the LDRs: Map: City Center Form Based Code – Primary and Secondary Streets & Block Standard applicability. Analysis & Findings per 24 VSA 4441(c): (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 further the goals and policies of the Comprehensive Plan. They represent a carefully considered condition within the City where several competing elements of the Plan were evaluated in making this proposed amendment. The Barrett Street neighborhood consists of approximately 120 homes accessed from Hinesburg Road via Simpson Court and Barrett Street. To the south is the community’s high school / middle school complex, while to the north are the separately accessed Iby Street, the City-owned Dumont Park, and further to the north, Tributary 3 to the Potash Brook and its associated wetland complex. To the west are commercial & light industrial properties accessed from San Remo Drive, which itself is connected to Dorset Street in two places. A 10 pedestrian connection exists at the southern end of the neighborhood to the middle school property. The City is in the process of a significant upgrade to Dumont Park, which will make it an attractive destination for travelers by foot from nearby areas. The Park is planned to connect, via pedestrian paths, to the neighborhood to the south and to Garden Street to the north. The Plan sets goals to: “Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile” (p. 1-1) and “Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community” (p. 1-1). The Plan includes several relevant objectives & strategies: • 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” (p. 2-53). • Objective 18: “Connect neighborhoods with one another via road segments and with commercial areas for local, slow-speed circulation” (p. 2-66). • Objective 45: “Conserve and protect existing nearby residential areas” (p. 3-14). • Strategy 38: “Plan for safe pedestrian and bike access to all schools and support efforts to encourage more children to walk or bike to school” (p. 2-66). • Strategy 95: “Maintain Dorset Street and Williston Road as important transportation corridors for all users and reduce curb cuts” (p. 3-14). • Strategy 99: “Enhance Dumont Park within the City Center as a forested nature park that enhances and ecologically supports City Center Development, and provides green space for passive recreation use, to include a linking, interconnected public path and trail network” (p. 3-14). • Strategy 100: “Designate a protected green belt along the length of Tributary 3 of the Potash Brook throughout City Center of sufficient area and width to restore, protect, and enhance water quality, stream channel and wetland functions, and adjoining riparian areas; to manage and treat additional urban runoff; and which accommodates compatible recreation use of the stream corridor, including planned public boardwalk crossings” (p. 3-15). The Plan also specifically discusses the subject of interconnected road networks and highlights that “South Burlington’s road network has a significant lack of east-west connections, as well as neighborhood and commercial district connections in general” (p. 2- 61), and that “While the importance of these roadway connections cannot be overstated, any new connection should be undertaken with great care” (p. 2-62). The presence of a high-volume commercial & commuter area immediately next to a neighborhood street network not designed to accommodate additional volume, together with the particular circumstances of the Dorset Street / Hinesburg Road / Kennedy Drive / Market Street super-block, are important considerations in this instance. 11 It is the Commission’s assessment, based on the Comprehensive Plan, input from the City’s Department of Public Works, and following a public meeting, that it is appropriate for this connection to be a path and for the planned street to terminate. The proposed amendment is not anticipated to affect the availability of safe and affordable housing, though the allowance of a dead-end road may provide for a handful of additional homes to be able to be constructed in the vicinity as anticipated by the Plan and the remainder of the Form Based Code (Transect 3) district. (2) Is compatible with the proposed future land uses and densities of the municipal plan. As noted above, the proposed amendments are found to be consistent with the City’s Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. Under the current Land Development Regulations and Official Map, the planned connection is able to be either a road (carrying cars) or a pedestrian path (care prohibited). At present, a proposal for development in this area would include a recommendation from the applicant, and a determination from the Development Review Board. These amendments would provide additional clarity to landowners, residents, and the Development Review Board. The proposed amendments are found to be consistent with planned community facilities. 11. Technical corrections, formatting and typos Brief summaries: • Conditional Use Procedural clarification. Section 14.10 (D) describes two processes depending on the type of application. Minor wording changes to more clearly state when each process is to be followed. • Listing of SEQ-NRN District. Adds the SEQ-Neighborhood Residential North District to the list of zoning districts in the LDRs. • Parking in front of buildings in R7-NC. Removes a statement that “parking shall be placed to the side or rear of the structure if possible.” This language is no longer needed as the City’s Site Plan standards related to parking were revised several years ago and are more clear than this language. • Location Descriptions of C1-AUTO and C1-AIR districts. Removes the description of the location of these two districts. Other districts do not have such descriptions; they simply use the map. • SEQ-NRN dimensions. Adds the SEQ-NRN subdistrict to the table of Dimensions (with same standards as SEQ-NR, and with a note to refer back to Article 9 • Dimensional standards, C1-LR, AR, SW districts. Consolidates “retail” and “other non- residential uses”’ dimensional standards. They are identical, and so redundant. • Density in C1-Auto district. In the Table of Uses, the density in this zoning district is listed as “12 or 15” units per acre. In the text of the LDRs, it’s listed as 15 units per acre. To clarify this confusion, the table is corrected to simply read “15” units per acre. 12 • Typographic correction in approval process. There is a missing word in the process for receipt of an extension to a development review approval. Functional change: No significant functional changes, only clarifications. Location in the LDRs: 3.01 (A)(1), 4.06 (E)(3), 5.02(C), 5.03(C), 17.04(B)(1), Table C-2 Analysis & Findings per 24 VSA 4441(c): (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 technical in nature. The Comprehensive Plan includes an objective to “Conduct a comprehensive analysis pf City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving the predictability of the process” (p. 2-22). The proposed amendments are anticipated to aid in the clarity of the review process for all types of development, including safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to have an effect on proposed future land uses or densities of the Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. No changes affecting planned community facilities are proposed. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Official Map Amendment Report Public Hearing *********, 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 to the City’s Official Map. The South Burlington Planning Commission will hold a public hearing on *********** at 7:00 pm in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the amendments to the South Burlington Official Map discussed below. The proposed amendments to the Official Map consist of the following changes, all located within the “City Center” area, generally consisting of land in the vicinity of and in between Williston Road, Dorset Street, and Hinesburg Road. The amendments include two principal elements: • Planned Right-of-Way – Market Street • Planned Streets & Connections The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, 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. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” 1. Planned Right of Way – Market Street 2 Brief summary & functional change: Establishes a planned right-of-way along Market Street demarcation on the Official Map to complement proposed amendments to the Land Development Regulations. Analysis & Findings per 24 VSA 4441(c): (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 City’s Comprehensive Plan sets a goal to “Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community” (p. 1-1), and includes an objective to “Provide a transportation network that complies with Complete Streets mandates and maximizes efficiency and safety for all types of users (pedestrians, cyclists, transit, automobiles, trucks, rail, and air) (p. 2-66).” These slightly altered planned street rights-of-way will help to assure that all users can be comfortably and appropriately accommodated, especially in light of the City’s Form Based Codes standards which allow buildings to have a zero-foot setback from the right-of-way. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed planned right-of-way widths are closely in keeping with the planned future land uses and densities of the Comprehensive Plan’s Central District. (3) Carries out, as applicable, any specific proposals for any planned community facilities. These amendments will aid in the completion of the planned transportation projects listed on pages 2-67 through 2-73. The streets in question have also been the subject of their own planning / design efforts which support these figures. 2. Street connections in T3 – Barrett Street to San Remo Drive Brief summary: Would change the designation of the street connection between Barrett Street and San Remo Drive to a recreation “path”, with a planned ROW of 20’. Would also show the planned street extending north from Barrett Street as being a dead-end street. Functional change: Clarifies that a pedestrian connection is sought between this residential neighborhood and the Dorset Street corridor, would otherwise have been determined as part of development review; allows a dead end in the T3 district. The 20’ planned Right-of-way would be located on the southern of the two properties abutting San Remo Drive. Analysis & Findings per 24 VSA 4441(c): (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 further the goals and policies of the Comprehensive Plan. They represent a carefully considered condition within the City where several competing elements of the Plan were evaluated in making this proposed amendment. 3 The Barrett Street neighborhood consists of approximately 120 homes accessed from Hinesburg Road via Simpson Court and Barrett Street. To the south is the community’s high school / middle school complex, while to the north are the separately accessed Iby Street, the City-owned Dumont Park, and further to the north, Tributary 3 to the Potash Brook and its associated wetland complex. To the west are commercial & light industrial properties accessed from San Remo Drive, which itself is connected to Dorset Street in two places. A pedestrian connection exists at the southern end of the neighborhood to the middle school property. The City is in the process of a significant upgrade to Dumont Park, which will make it an attractive destination for travelers by foot from nearby areas. The Park is planned to connect, via pedestrian paths, to the neighborhood to the south and to Garden Street to the north. The Plan sets goals to: “Develop a safe and efficient transportation system that supports pedestrian, bicycle, and transit options while accommodating the automobile” (p. 1-1) and “Establish a city center with pedestrian-oriented design, mixed uses, and public buildings and civic spaces that act as a focal point to the community” (p. 1-1). The Plan includes several relevant objectives & strategies: • 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” (p. 2-53). • Objective 18: “Connect neighborhoods with one another via road segments and with commercial areas for local, slow-speed circulation” (p. 2-66). • Objective 45: “Conserve and protect existing nearby residential areas” (p. 3-14). • Strategy 38: “Plan for safe pedestrian and bike access to all schools and support efforts to encourage more children to walk or bike to school” (p. 2-66). • Strategy 95: “Maintain Dorset Street and Williston Road as important transportation corridors for all users and reduce curb cuts” (p. 3-14). • Strategy 99: “Enhance Dumont Park within the City Center as a forested nature park that enhances and ecologically supports City Center Development, and provides green space for passive recreation use, to include a linking, interconnected public path and trail network” (p. 3-14). • Strategy 100: “Designate a protected green belt along the length of Tributary 3 of the Potash Brook throughout City Center of sufficient area and width to restore, protect, and enhance water quality, stream channel and wetland functions, and adjoining riparian areas; to manage and treat additional urban runoff; and which accommodates compatible recreation use of the stream corridor, including planned public boardwalk crossings” (p. 3-15). The Plan also specifically discusses the subject of interconnected road networks and highlights that “South Burlington’s road network has a significant lack of east-west connections, as well as neighborhood and commercial district connections in general” (p. 2- 61), and that “While the importance of these roadway connections cannot be overstated, any new connection should be undertaken with great care” (p. 2-62). 4 The presence of a high-volume commercial & commuter area immediately next to a neighborhood street network not designed to accommodate additional volume, together with the particular circumstances of the Dorset Street / Hinesburg Road / Kennedy Drive / Market Street super-block, are important considerations in this instance. It is the Commission’s assessment, based on the Comprehensive Plan, input from the City’s Department of Public Works, and following a public meeting, that it is appropriate for this connection to be a path and for the planned street to terminate. The proposed amendment is not anticipated to affect the availability of safe and affordable housing, though the allowance of a dead-end road may provide for a handful of additional homes to be able to be constructed in the vicinity as anticipated by the Plan and the remainder of the Form Based Code (Transect 3) district. (2) Is compatible with the proposed future land uses and densities of the municipal plan. As noted above, the proposed amendments are found to be consistent with the City’s Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. Under the current Land Development Regulations and Official Map, the planned connection is able to be either a road (carrying cars) or a pedestrian path (care prohibited). At present, a proposal for development in this area would include a recommendation from the applicant, and a determination from the Development Review Board. These amendments would provide additional clarity to landowners, residents, and the Development Review Board. The proposed amendments are found to be consistent with planned community facilities. 2017-18 Work Plan Working Draft April 11, 2017 1 Planning Commission 2017-2018 Work Plan – Working Draft Known / Ongoing Project & Projects Previously Prioritized by the PC 1. Land Development Regulations a. Early Spring 2017 Amendments [ALL IN PROGRESS] • End-of-trip bicycle & pedestrian facilities • Planned Rights of Way – Williston Road, Garden Street, Market Street • Affordable housing in SEQ NRN and reference corrections • Street connection & cul-de-sac standard clarifications • Clarification of uses permitted in the Municipal, Parks & Recreation, R7- Neighborhood Commercial, and Institutional-Agricultural districts • Allowance for front porches in the R4 District • Fence heights in residential districts, SEQ, and CC FBC • Administration & Enforcement – streamline Planning Commission, Development Review Board, and Advisory Committee authorization, powers & duties, and membership to refer to State Law • Agricultural Use Amendments not related to Agricultural Enterprise • Street connections in T3 – Barrett Street to San Remo Drive • Technical corrections b. Late Spring 2017 Amendments [ALL IN PROGRESS] • Shelburne Road basic form standards • Housing Replacement standards (from the affordable housing committee) • Garage door / front façade standards • Form Based Code district minor changes • Agricultural Enterprise Use (if applicable • Transferable Development Rights clarifications • Technical corrections c. Fall 2017 Amendments • Transportation Overlay District Update [IN PROGRESS] • Traffic Impact Fee Update [IN PROGRESS] • Master Plan / Planned Unit Developments (& related) [IN PROGRESS] • Scenic Views [PRIORITIZED BY PC] • City-wide Official Map [PRIORITZED BY PC] • River Corridor Standards [FUNDED FOR 2017] d. Other Amendments 2017-18 Work Plan Working Draft April 11, 2017 2 e. Respond to Request as they arise [COMMISSION POLICY] 2. Transportation Planning Projects a. Williston Road Network Study [IN PROGRESS] b. Tilley / Kimball / Community Drive Transportation & Land Use Study [IN PROGRESS] c. Scoping of 4 Bike / Ped Projects [FUNDED FOR 2018] d. I-89 Bike / Ped Crossing [IN PROGRESS] 3. Other Projects a. Develop annual work plan [ANNUAL] b. Provide input to Capital Improvement Program [ANNUAL] c. Review Purpose & Need Statements for various projects [CITY POLICY] d. City Center guidance & direction [COUNCIL & COMMISSION PRIORITY] e. Meet with DRB & Committees [ANNUAL] Project & Projects Previously Identified as Candidates The list below is drawn from prior Commission work sessions. It does not necessarily reflect the full Comprehensive Plan list. 1. Land Development Regulations • Housing affordability (outside City Center) • Permit Fees & Other Revenue items • South Village Request • Bike/Ped/Car Transportation between neighborhoods, parks, etc • Citywide FBC • Linking City's efforts together • Density outside City Center/Infill • East-West Roads • Gap Analysis- Parks, Transportation • Industrial Zoning & Needs • Official Map • Parking Standards outside City Center • Public and private investments • Redefine Open Space citywide • Shelburne Road- Nodes of activity • Short and Long Term Resilience • Solar Siting- green areas • Waterfront development • Revised public works standards- • Focus of Development in the city. 2017-18 Work Plan Working Draft April 11, 2017 3 • Industrial - Open Space District Planning & Exit 12B • Southeast Quadrant - Quantifying Standards • Intensities and Densities in various districts, including density increases allowable through PUDs • Agricultural lands & soils planning • Clarify the number of single family homes permitted on a private right-of-way or road; • Wildlife zoning project • City Center parking garage / parking plan • Cottage Housing - Afford Housing • Market Street / City Center Project pieces • Affordable Housing Toolbox - Afford Housing / FBC • Review "purpose" statements of each zoning district • Revised accessory dwelling unit standards - • Historic preservation language • Examine tree requirements in IHO- • Consider no parking on front lawns- • Cars to People (Potential re-zoning of Williston and Shelburne Roads) - FBC • Maximum Density Calculation and Undeveloped Land • Citizen's guide to public input • Placement of cell towers • Open Space Acquisition • Access management / cross connectivity of lots - • Allowing homes to be divided into multiple units • TDR Prioritization and/or evaluation of how many to apply • Limit number of trailers on a property • Define crematoriums & standards • Clarify standards for fencing of Stormwater facilities - See Stormwater LID Project. • City Wide Official Map • Review Temporary use & structures • Clarify regulations regarding construction or reconstruction of homes in the SEQ- NRP district Staff Recommended additions [not complete] 1. Comprehensive Plan • Chamberlin Neighborhood / Airport • Renewable Ene4rgy Siting • Family / Affordability Goals SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 22 MARCH 2017 1 The South Burlington Planning Commission held a special meeting on Tuesday, 22 March 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, B. Gagnon, D. Macdonald, M. Ostby ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner, D. Burke, T. McKenzie, J. & S. Jewett, L. Ravin 1. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 2. Open to the public for items not related to the agenda: No issues were raised. 3. Planning Commissioner announcements and staff reports: Ms. Louisos: Thanked members for the good work on Monday and for coming to this special meeting. She noted that on 6 March, she had attended an Affordable Housing Committee meeting which focused on the “housing replacement” amendments. They are still working on a draft. Mr. Conner noted he met with that Committee last night and they relayed that Ms. Louisos had asked them to provide the Commission with a memo on how the amendments comply with the city’s Comprehensive Plan. Ms. Ostby: Has notes/ideas from a discussion with Keith Epstein. She will summarize and send these to members. Mr. Conner said they can be added to an agenda as a “member item” if the Commission would like. Mr. Riehle: Distributed copies of an article on the “fate of malls.” Mr. Conner: The City Council approved both Planning Commission recommendations made on Monday. At 5 p.m. next Tuesday, the Airport will host the 3rd Airport Sound Committee meeting. Item #8 on the agenda will be continued to the next meeting. 4. Overview of City Crisis Plan: Members agreed to postpone this item to the next meeting. 2 5. (previously #9 ) Minutes of 28 February 2017: Mr. Riehle moved to approve the Minutes of 28 February as written. Mr. Gagnon seconded. Motion passed 5-0. 6. (previously #10) Other Business: Mr. Conner noted that at next week’s meeting the department’s intern will present a report on housing unit size evolution. Consultants Sharon Murray and Mark Kane will continue their Phase 2 PUD work. 7. (previously #6) Overview of proposed schedule of LDR/Official Map Amendments: Ms. Louisos noted this is the first of 2 groups of amendments. The second group is not quite ready. Mr. Conner noted the second group will include Shelburne Road standards. Ms. LaRose added that staff is planning to meet with larger property owners and architects who have been on city committees. Mr. Conner said there will also be Form Based Code minor changes (“stumbling blocks,” refinements, etc. such as location of accessory structures). Commissioners were in agreement with the approach. 8. (previously #5) Continued review of form Based Code T3 street type designation and Form Based Code/Official Map connection from Barrett Street to San Remo Drive and Dumont Park to Garden Street: Mr. Conner reviewed the history and then noted that staff had prepared a 2-part proposed solution based on the Commission’s direction earlier this year. First, there could be an adjustment to the official map to indicate it is a path from Barrett St. to San Remo Drive (Mr. Conner showed this on an overhead photo and indicated the property line). Staff is recommending a 20-foot path connection going all on the southern property. Secondly, a footnote would be added indicating a dead end. The property owner would have to build a road to the abutting end, but not have to connect through to San Remo Drive. Ms. Ostby asked if there is a way that the road they are building could have a cut in it to accommodate a future road from Healthy Living. Mr. Gagnon said the city hasn’t indicated a desire to have a road there, and it would have to go through a full hearing process at the time a road is proposed. Mr. Riehle said he wouldn’t be concerned about getting into that area as there are other accesses. Mr. Burke noted the city would have to buy that parcel and tear down an existing building. He added that the neighbors don’t want a road there, and he agrees. He had no problem providing a pedestrian easement on both ends. Mr. Gagnon asked what kind of housing is being proposed. Mr. Burke said carriage units, multi-housing possibly. Nothing is firm yet. 3 Mr. Conner showed a proposed rec path location and questioned whether this should be shown on the official map. There is a concern with showing an exact location. Staff supports showing the concept, but because of wetland issues, not showing the exact location. Mr. Gagnon noted that the official map is usually for roads, and showing a path could open up a whole new problem. Members agreed to indicate the concept on the city map but not to show an exact location. 9. (previously #7): Review Possible Amendments to the Land Development Regulations and Official Map: a. End of trip bicycle and pedestrian facilities: Ms. LaRose said gave members information from 3 other communities and noted that staff’s ideas are very close to what those communities are doing. Mr. Gagnon liked the Portland language. Mr. Conner said that could be an option. Mr. Riehle raised the possibility of bike parking substituting for some car parking. Ms. LaRose said language on that will be provided the next time. Staff is also working on making installing bike racks an easier process. b. Planned Rights of Way on Williston Road, Garden Street, Market Street: Mr. Conner said staff will be checking on a potential error. He also asked to scratch Garden Street from the amendment as this is not quite ready. Williston Road will go from a 90-foot right-of-way to 100 feet. Mr. Gagnon asked if future entities will be told they can’t put things in that 10-foot space so a developed space would not have to be taken in the future. Mr. Conner said they will, and they have been doing this for a long time. He cited the need to get that amendment in quickly. Mr. Riehle asked the rationale for having 100 feet north of Swift St. on Dorset Street and keeping the 60 feet to the south. Mr. Conner said it goes back a long time to the ‘rural area” concept. Mr. Riehle asked if 80 feet is sufficient on Hinesburg Road. Mr. Conner said that he believe it was for its future purposes. Ms. Louisos noted that a traditional Vermont road right-of-way is just 49 feet, and so 80 feet is well over this amount. c. Affordable housing in SEQ-NRN and reference corrections: Mr. Conner reviewed the history and noted that someone had observed that there was no bonus for affordable housing in the SEQ-NRN. The Commission had asked to include it. He showed the area where this will apply. 4 Ms. Ostby was concerned that this will result in multi-family housing, not single family homes. Mr. Conner said that there has been discussion about providing incentives for single family homes. Ms. Ostby said that single family residents are more “permanent” and take more interest in the community. Mr. Conner noted receipt of an e-mail from Bruce MacDonald, a former Planning Commissioner, who said that before interim zoning came in, they had been working on a cottage housing proposal that got shelved. He was willing to bring it back again. Members said they would like to hear from him. Mr. Riehle was concerned with the possibility of “carriage housing” throughout the SEQ. Mr. Conner noted that many properties are “under-developing.” Mr. Gagnon said people are going either for density or “mansions.” Mr. Conner said that builders are building smaller homes, and the price point builders have to hit is more than people are willing to pay for a small house. d. Street Connection and cul de sac standard clarifications: Mr. Conner noted an issue raised by the DRB regarding street connections and showed an example from Sadie Lane. Ms. Louisos cited the importance of having connections. The primary change here would be clarifying the relationship between the maximum 200-foot length of a dead-end road in the southeast quadrant and the requirement for street connections to be made to adjacent properties. Mr. Jewett suggested prohibiting cul de sacs and just requiring T intersections. There might be very restrictive conditions under which a cul de sac could be allowed. Mr. Conner said the question is whether to limit the road to 200 feet or to require it to go to the property line where there is a potential connection, not just a “lollypop.” The aim is to give the DRB criteria for determining whether an adjacent property is potentially developable. Mr. Conner also noted previous confusion with the language “contribute to the cost.” There was no indication of how much was to be contributed. Language now indicates the contribution is to be the full cost. Mr. Jewett suggested removing the word “contribute” and just say “pay for it.” Mr. Jewett also noted that 20-40 properties are partially or totally in the NRP, and they have been “orphaned” by not being included. He suggested adding “SEQ-NRP” to the language. He said that even though a property is not developed, they might want a road to go across it at some point in time. He added that you can’t pretend those properties don’t exist; otherwise, the DRB has no guidance if one of those properties come to them. Ms. LaRose said she didn’t think there was language that would prohibit connections to NRP properties. Ms. Louisos asked how many roads would be built in the NRP. Mr. Jewett said he and his wife own property in the NRP. Ms. LaRose noted there are very few standards as to what is acceptable for NRP development. She questioned whether that is intentional. Mr. Riehle suggested looking at that another time. 5 e. Clarification of uses permitted in the Municipal, Parks & Recreation, R-7 Neighborhood Commercial, and Institutional-Agricultural Districts: Mr. Conner explained the issue. The plan is to remove the language and just put information in the Table. The policy won’t change in any way. Ms. Ravin questioned what “support facility” means. Mr. Conner directed attention to the definition provided. Ms. Ravin asked if an educational facility is allowed in the district as part of a PUD. Mr. Conner said it and indicated where in the Table. Ms. Ravin noted the Table refers a reader back to the text. Mr. Conner said that reference will be eliminated. Ms. Ravin noted that a “facility” may not be a building. Mr. Conner said staff will look at that. Mr. Conner noted there are similar issues in other districts. Regarding Parks/Recreation, he noted that a child care facility is located. The recommendation is to indicate that it is a child care facility operated by the City. f. Allowance for Front Porches in the R-4 district: Mr. Conner stressed that this allows an open porch with the intent of promoting interaction with the street. Commissioners expressed support. g. Fence Heights in Residential Districts, SEQ & CCFBC: Mr. Conner said a front yard fence can’t be taller than 4 feet (fences behind and to the side of a house can be taller). Ms. Ostby questioned a fence to drown out road noise. Mr. Conner suggested allowing a taller fence if it got placed at least 50 feet back from the road. Members suggested allowing taller front yard fences with DRB approval and criteria compatible with the character of the neighborhood. Members agreed to continue discussion of amendments at the next meeting due to the late hour. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:05 p.m. ______________________________Clerk SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 28 MARCH 2017 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 28 March 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Harrington, T. Riehle, B. Gagnon, D. MacDonald, M. Ostby, A. Klugo ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner; S. Hilton, Intern; Sgt. D. Dubie, Police Department; J. Ladd, Human Resources; S. Murray, L. Ravin 1. Directions for emergency evacuation procedures from conference room: Ms. Louisos said this would be discussed under item #5. 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 reports: Mr. Riehle: Attended the South Burlington Land Trust annual meeting. An issue regarding dog parks was raised. On the subject of dogs, Mr. Riehle checked out the new Hinesburg Road “dog spa” and found it magnificent and a nice addition to the community. Ms. Louisos: Noted the display of finalists for City Center public art competition. The staff report was deferred to the end of the meeting when Mr. Conner would be present. Ms. Louisos noted he was attending an airport meeting. 5. Overview of City Crisis Plan: Sgt. Dubie noted that he and Ms. Ladd are speaking to all committees regarding the city’s crisis plan. Each city department has a plan, including City Hall (a copy of the plan is posted in the conference room). The plan covers all types of crises (e.g., fire, an active shooter, medical emergency). If it becomes necessary to evacuate the building, people should assemble at the south side of the building. A staff person/Commission chair would be designated to be sure everyone is out. If there is 2 fire at the bottom of the stairs, someone will be able to open the door to provide access to the back stairs. Someone will also be assigned to “sweep” the restrooms to be sure everyone is out. Ms. Ladd noted that people should not stop or congregate in front of the building because that is where emergency vehicles will have to be. Sgt. Dubie also noted that as of today, there is a defibrillator in the building. In the event of an active shooter, the options are 1) run; 2) hide; 3) fight, in that order. Ms. Louisos suggested a Commission discussion when everyone has had a chance to review the crisis plan. 6. Presentation of Dwelling Unit Sizes, Applicability to Land Development Regulations: Ms. LaRose introduced Sean Hilton, an intern in the Planning Department. Mr. Hilton said he is a St. Michael’s College junior who became interested in the city when he participated in the survey done by Professor Bolduc’s class. In looking at residential data, Mr. Hilton noticed that the square footage of condo units steadily increased from 1476 sq. ft. between 1985-95 to 1634 between 1995-2005 to 1789 between 2005-15. The same is true for the square footage of single family homes, which went from 2255 to 2681 to 2754. The largest decade of single family home construction in the city was in the 1950’s and 1960’s, and these are the smallest in size. Mr. Conner noted that the older and smaller homes can be two factors in affordability affordability. Mr. Hilton showed similar data for condominium units. Mr. Conner noted that the data used for this analysis is not available for apartment units because apartment buildings are assessed as a building, not as individual units. Ms. Louisos asked what a “carriage house” actually is. Mr. Conner said traditionally it is a house behind another house; however, today that term is applied to a house with shared ownership of land. Mr. Conner also noted that the trend is for 2/3 of housing being built to be multi-family and 1/3 single family. Historically, the opposite was true. Ms. Ostby said she would like to know the turnover rate in single family homes vs. multi-family homes. Mr. Gagnon noted that such figures would be skewed by the destruction of homes in the Chamberlin area which would not necessarily be qualified as “turnover.” The study is applicable as it can be used for incentivizing different housing types. It also plays a role in the TDR process. A graphic was shown of a sample TDR program indicating sending and receiving areas. 3 Mr. Conner noted that there will be some upcoming discussion regarding TDRs and some decisions for the Commission to make. 7. Planned Unit Development and Master Plan Project, Phase II: Ms. Murray directed attention to the memo and packet sent to members which includes a working outline of proposed by-laws changes. These include 3 types of amendments: a. Housekeeping Amendments (for clarification) b. Recommendations regarding subdivision review, Master Plans (including a process), PUD development, etc. c. Southeast Quadrant (SEQ) Recommendations (possibly looking at how the various types of PUDs could be used in that area) Mr. Riehle asked whether the Cider Mill is considered a PUD. Ms. LaRose said it was built as a PUD (as was almost everything else in the city) because you can’t have more than one building on a lot without a PUD. There were also other waivers. However, it is questionable as to whether it meets the intention of a PUD. It probably wouldn’t be built today under the PUD regulations the city is hoping to have. South Village probably would. Ms. Murray stressed the intention to have standards for each type of PUD. Ms. Ostby asked about the possibility of a local market in a PUD. She also asked about the concept of density impact for non-residential development (e.g., Citizen Cider). Ms. Murray said different PUD types have different focal points such as a small business focus or a transit focus. Ms. Murray said that Mark Kane has been asked to look at current regulations for Form Based Code and for the SEQ and see what can be “borrowed” or consolidated. She added that the hope is to keep the Development Review Board involved, particularly with design standards because they are the ones who will have to work with the regulations. Ms. Murray also stressed the need to keep in mind what is economically viable. Mr. Macdonald asked where master planning fits in with Form Based Code and PUDs. Ms. Murray said Form Based Code is designed to be very inflexible in order to minimize the review process. A PUD is the opposite; it is a “bargaining process.” Mr. Klugo cautioned that when you get too descriptive, you remove the ability to be creative and things get very sterile. Ms. Murray said that’s why they define different types of PUDs and different standards for each. Mr. Klugo then asked when affordable housing is discussed in this context. He noted that there are all kinds of strategies being used around the country, and they are not necessarily tied into zoning. Ms. 4 LaRose said there are many things that can be discussed including incentivizing smaller buildings. Ms. Murray added that you can’t expect developers to bear the full cost of affordable housing on their own. Mr. Klugo said it is really about diversity of housing stock, and that you also have to allow people to “live below their means,” possibly to save money for college, etc. Ms. Murray cited the lack of housing in the city for the ‘middle.” Ms. LaRose suggested members look at the report done by the original Affordable Housing Committee. It is on the city’s website. Mr. Conner said he liked the idea of setting an objective to work with the current Affordable Housing Committee and discuss how to strategically use the city’s investment. Ms. Ostby asked if there are things that a very profitable to developers so they can be successful but still be flexible. Ms. Murray said that conversation should be had with developers. She suggested that members begin to list things that are important and see how they can be used in a negotiated review. 8. Continued Review of Possible Amendments to Land Development Regulations and Official Map: h. Administration and Enforcement in Streamlining Planning Commission, DRB and Advisory Committee authorization, powers and duties and membership to refer to State law: Mr. Conner noted the recent question regarding open meeting law vs. deliberative session. He noted that the City Attorney had confirmed that a deliberative session was allowable, but this led staff to recommend a tidy-up of these sections, to point directly to the boards’ governing authorizations – the City Charter and State Statutes. Mr. Gagnon asked why the requirement for Planning Commission members to be a South Burlington resident was crossed out. Mr. Conner said that he had proposed this as part of the overall tidy-up and pointing to the City Charter and State Statutes. The City Council could still determine to require residency for members. Mr. Conner emphasized that staff had no position on the matter, it was simply proposed as a tidy-up. Ms. Louisos cited the possibility of having someone on the Commission who owns a lot of land in the city but who lives elsewhere or the possibility of someone who moves out of the city midway through his/her term. Ms. LaRose cited the instance of a person who had served for 40 years on a committee but who had moved to an assisted living residence to be with his wife. In that case, the Council voted to keep him as a member. Mr. Klugo noted that that may be appropriate for certain committees, but felt that for the Commission, understanding the community as a resident was an important qualification. Mr. Gagnon agreed. Members decided to retain the residency requirement. i. Agricultural Use Amendments not related to Agricultural Enterprise: 5 Ms. LaRose noted that this arose from the Sustainable Agriculture / Food Security Report. She explained the city’s limitations in light of state law which prohibits a community from regulating forms of agriculture on a farm site (off site is not protected). This amendment allows a food hub to happen within the state regulations. Products must be local products, and this is not for a full-time market. It is a place to store food. There can still be a special event farmer’s market. Members briefly discussed the issue of butchering on a food hub site and whether the same state law would apply. Mr. Conner noted that butchering is something the City can control under state law. Members asked that staff come back with wording to clarify the butchering issue. Mr. Klugo asked if there is another way (other than the 150% incentive) to incentivize without losing the potential for trees and shrubs. Mr. Gagnon noted this is specifically for a food hub and was agreed upon by the Commission. Mr. Klugo was particularly concerned with a transition between the building and the road. Members then reviewed some of the additions and changes from the discussion at the previous meeting. They liked the bicycle parking graphic and the language to allow bicycle parking to replace up to 25% of required parking. Members also considered Keith Epstein’s memo. Ms. LaRose suggested having Mr. Epstein talk with the Bike/Ped Committee to see if they want to change their numbers. Ms. Ravin noted a letter sent to Mr. Conner and the Commission requested the return of uses eliminated from the IA District zoning. These include: hospice (which is allowed in a PUD), group home (allowed as a conditional use), social services (allowed as a PUD), daycare/childcare facility (allowed as a conditional use), and research facility and/or lab (this already exists at the Forestry Research station and taking it out could make it a non-conforming use). Mr. Conner noted that in the “clean up,” staff took the more conservative view, but they are willing to re-look at it and will bring back a recommendation. Members then reconsidered the heights of fences in a front yard. The regulation would allow up to 4 feet without DRB review and require anything over that (up to 8 feet) to have DRB review. Mr. Klugo said he wouldn’t allow anything over 8 feet in neighborhoods and fences should have a “see-through” element. Members questioned whether higher fences could be allowed for a property with a large setback from the road. Mr. Klugo cited lot width as another consideration. Mr. Conner will bring back language in 2 weeks. Mr. Conner then raised the issue of the street connections in T3 (Barrett Street to San Remo Drive). He wondered if a more advantageous solution would be to make the right-of-way 20 feet on each side, which would still put less of a burden on property owners than the present condition. Members agreed. 6 9. Consider possible approval of Planning Commission report on draft Land Development Regulations and Official Map amendments and possible warning of public hearings on same: Members agreed to postpone this to the next meeting. 10. Minutes of 20 March 2017: Ms. Ostby noted the misspelling of her name. Mr. Gagnon moved to approve the Minutes of 20 March with the above correction. Mr. Riehle seconded. Motion passed 6-0 with Mr. Klugo abstaining. 11. Other Business: Mr. Conner noted he had attended the Airport meeting earlier this evening. Members then toured the evacuation route on their way out of the building. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:10 p.m. ______________________________Clerk The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Anita Wade, Zoning Clerk Lynn Brelsford, Interim Department Secretary TO: South Burlington Planning Director Colchester Planning Director Winooski City Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: March 29, 2017 RE: Burlington Comprehensive Development Ordinance Amendment ZA-17-10, ZA-17-11, ZA-17-12, and ZA-17-13 Enclosed, please find a proposed amendment to the City of Burlington Comprehensive Development Ordinance:  ZA-17-10 Green Roof Lot Coverage  ZA-17-11 Emergency Shelters  ZA-17-12 CDO Technical Corrections  ZA-17-13 Illuminated Signage in ELM The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, April 18, 2017 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on April 17, 2017. Thank you, Meagan Tuttle CC: Andy Montroll, Burlington Planning Commission Chair Kimberly Sturtevant, Assistant City Attorney David White, AICP, Planning Director Scott Gustin, AICP, Principal Planner Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur vacant, Youth Member PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-17-10 Green Roof Lot Coverage ZA-17-11 Emergency Shelters ZA-17-12 CDO Technical Corrections ZA-17-13 Signage Illumination in ELM Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, April 18, 2017 beginning at 6:45pm in Conference Room 12, City Hall,149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows:  ZA-17-10: The purpose of this proposed amendment is to define green roofs and create clear guidelines for how lot coverage is calculated on sites with buildings which are constructed with a green roof  ZA-17-11: The purpose of this proposed amendment is to create language related to emergency shelters, as temporary housing in order to differentiate them from community houses, and to establish parameters for calculating and maximum number of units, location, duration of stay, and on-site management  ZA-17-12: The purpose of this proposed amendment is to correct and address a number of housekeeping items throughout the Burlington CDO that have been discovered in the daily implementation of the ordinance. None of these amendments establish new policy direction.  ZA-17-13: The purpose of this proposed amendment is to permit lighted signage in the Enterprise zoning districts, consistent with the City’s mixed use and institutional districts. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington:  ZA-17-10: This amendment applies to all areas and zoning districts within the City.  ZA-17-11: This amendment applies to all zoning districts and areas of the City in which housing is permitted.  ZA-17-12: This amendment addresses errors and omissions in the text of the CDO in both general provisions which apply to all zoning districts, and in standards which are specific to individual zoning districts. In the latter case, these corrections will apply to areas of the City zoned NAC-Cambrian Rise, NMU, WRL, WRM, ICC-UVMMC Overlay, NR Overlay areas, E-LM, and E-Ag. Burlington Planning Commission Public Hearing Warning p. 2 ZA-17-10, ZA-17-11, ZA-17-12 and ZA-17-13  ZA-17-13: This amendment applies to areas of the City zoned Enterprise Light Manufacturing and Enterprise Agricultural. List of section headings affected:  ZA-17-10: This amendment applies adds Sec.5.2.3 (9) i. through iv., and modifies the definition of “green roof” in Article 13: Definitions.  ZA-17-11: This amendment creates Section 5.4.13 Emergency Shelters (a) through (f); adds the use to Article 8, Table 8.1.8-1; adds a definition to Article 13; and adds Footnote 29 to Appendix A-Use Table.  ZA-17-12: This amendment: o Adds Sec.3.1.2 (c) 14 o Amends Table 4.4.2-2 o Amends Table 4.4.5-1 o Corrects a reference within Sec.4.5.2 (c) 5 o Amends language within Sec. 4.4.6 (d) 1 o Corrects Sec. 4.5.4 (c) 3 o Corrects Sec. 4.5.4 (d) 4 o Corrects Sec. 4.5.4 (e) 4 o Corrects Sec. 4.5.4 (f) 3. B. o Adds Sec.5.2.6 (c) o Amends Sec 5.3.6 (c) o Corrects a spelling error in Sec. 6.1.2 (b) o Corrects a punctuation error in Sec. 6.1.2 (e) o Amends Sec.6.6.2 (m) o Removes Footnote 1 from Sec. 11.1.3 o Deletes use of Footnote 8 where applicable throughout Appendix A- Use Table o Deletes Appendix B  ZA-17-13: This amendment modifies Table 7.2.1-1 Sign Regulation Summary and deletes Section 7.2.5 (c). The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/pz. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-17-10 Green Roof Lot Coverage This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to define green roofs and create clear guidelines for how lot coverage is calculated on sites with buildings which are constructed with a green roof. At-grade green roofs will be counted as open space, above-grade green roofs count as lot coverage, and partially at/above grade green roofs will be counted as lot coverage at a ratio commensurate with the intensity of the roof system. If a partially at grade roof is constructed with an intensive green roof system, 50% of the entire roof area is counted as lot coverage, whereas if it is constructed with an extensive green roof system, 75% of the entire roof area is counted as lot coverage. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: This proposed amendment does not impact the goals and policies related to the provision of safe and affordable housing contained within the Municipal Development Plan. Compatibility with the proposed future land uses and densities of the municipal development plan: This proposed amendment clarifies how lot coverage is calculated for green roofs. It is compatible with proposed future land uses and densities contained within the Municipal Development Plan in that it largely preserves existing lot coverage as defined in the Burlington Comprehensive Development Ordinance. Only those portions of buildings with green roofs fully at-grade are considered open space, and only some portion of buildings that are partially above grade can receive lot coverage credits, if they are constructed with green roof systems that provide essential stormwater benefits to the community and the sites on which they’re located. Implementation of specific proposals for planned community facilities: This proposed amendment does not implement a plan for community facilities. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone:(802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, CFM, Associate Planner Anita Wade, Zoning Clerk vacant, Department Secretary TO: Planning Commission FROM: Scott Gustin DATE: March 28, 2017 RE: Green Roofs & Lot Coverage At the direction of the Planning Commission, the Ordinance Committee reevaluated the pending zoning amendment to afford a degree of lot coverage credit for green roofs. The revised amendment incorporates the following:  A set lot coverage credit  Recognizes extensive vs. intensive green roofs  Defines “green roof” At its March 9, 2017 meeting, the Ordinance Committee voted to send the revised amendment back to the full Planning Commission for its consideration. Proposed Ordinance Language: Sec. 5.2.3, Lot Coverage Requirements (b) Exceptions to Lot Coverage (1)-(8) as written. (9) For the purposes of lot coverage calculations, at-grade green roofs shall be counted as open space, and above-grade green roofs shall be counted as lot coverage. Partially at-grade green roofs shall be counted as lot coverage as follows: i. Intensive green roofs will be counted at 50% lot coverage of their total roof area. ii. Extensive green roofs will be counted at 75% lot coverage of their total roof area. iii. Walkways, equipment, and other un-vegetated areas within the green roof shall not receive lot coverage credit. iv. These lot coverage exceptions are contingent on continued maintenance and functionality of the green roof. ARTICLE 13: DEFINITIONS Green roof: A contained green space planted over a synthetic waterproofed membrane created by adding layers of growing medium and plants on top of a traditional roofing system which also includes a layer for drainage. The green space on the roof may partially or completely cover the traditional roofing system. There are two types of green roofs: extensive and intensive. Extensive green roofs generally have a growing medium depth of less than six inches, require little maintenance, and are lightweight. Intensive green roofs typically have a growing medium depth of more than six inches, require more frequent maintenance, and are heavier than extensive green roofs. In order to be classified as an intensive green roof for lot coverage credit the green roof must have a minimum growing medium depth of six inches. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-17-11 Emergency Shelters This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to create language related to emergency shelters, as temporary housing in order to differentiate them from community houses, and to establish parameters for calculating and maximum number of units, location, duration of stay, and on-site management. In recent years, operators of emergency shelters in the City have experienced some challenges as they have previously been permitted as community houses. This amendment seeks to eliminate these hurdles to providing emergency housing to the City’s neediest population, particularly during winter months. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: This proposed amendment supports the City’s Municipal Development Plan policies to support organizations and programs that fill gaps in the housing tenure ladder, and to assist the City’s neediest residents in confronting various obstacles and problems they face in the housing market. Compatibility with the proposed future land uses and densities of the municipal development plan: This proposed amendment does not impact future land uses and densities of the Municipal Development Plan. Implementation of specific proposals for planned community facilities: This proposed amendment does not implement a specific planned community facility, but seeks to eliminate hurdles currently experienced by emergency housing providers to make shelters available in locations accessible to their guests. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone:(802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, CFM, Associate Planner Anita Wade, Zoning Clerk vacant, Department Secretary TO: Planning Commission FROM: Scott Gustin DATE: March 3, 2017 RE: Emergency Shelters Following review of proposed zoning amendment language relative to emergency shelters at its February 28, 2017 meeting, the Planning Commission moved to warn the amendment language for public hearing. The following draft incorporates revisions from the February 28 meeting. New language is underlined. Deleted language is stricken. Article 5: Citywide General Regulations Part 4: Special Use Regulations Sec. 5.4.4 Community House Community houses shall be considered a conditional use in any residential district and subject to all applicable provisions of Art 3, Part 5, and the site and design review standards in Art 6. In addition to conditional use standards, proposals for new community houses shall also comply with the following requirements: (a) Density shall not exceed 1 person per two hundred (200) square feet of gross floor area; (b) All dimensional standards for the underlying zoning per the requirements of Art. 4 shall be applicable; and, (c) The minimum distance (lot line to lot line) between any two community houses shall not exceed be at least the following: Total Occupancy (beds) Distance (feet) 6 or less 0 7 – 12 500 13 – 20 1,000 21 or more 1,500 Sections 5.4.5 – 5.4.12 As written. Section 5.4.13 Emergency Shelters pg. 2 of 2 Emergency shelters shall be subject to the site and design review standards in Art 6. In addition to conditional use standards where applicable, proposals for all new emergency shelters shall comply with the following requirements: (a) All dimensional standards for the underlying zoning per the requirements of Art. 4 shall be applicable; (b) Density within the residential zones shall be per the residential density standards of Article 4. For the purposes of density calculation for emergency shelters, every four (4) beds shall count as one (1) dwelling unit; (c) Density within the neighborhood mixed use zones shall be limited to fifty (50) beds, and there is no density limit in the downtown or downtown transition zones; (d) Overnight stays by any individual are limited to 60 consecutive days. An extension of up to 180 days may be provided if no alternative housing is available; (e) There shall be onsite management by qualified adults during all hours of operation with at least 1 management person for every 25 beds; and, (f) An emergency shelter may be the primary use of a property, or it may be accessory to another primary use on a property. Article 8: Parking Add to table 8.1.8-1: Minimum Off-Street Parking Requirements (see attached Table 8.1.8-1) Article 13: Definitions Emergency shelter: Overnight shelter with supportive services for homeless persons that is limited to temporary occupancy, typically 60 consecutive nights or less, by a homeless person. Provide shelter only overnight. Appendix A – Use Table – All Zoning Districts Add footnote 29: See special use standards of Sec. 5.4.13, Emergency Shelters (see attached Appendix A) Appendix A-Use Table – All Zoning Districts ZA-17-11 Proposed Appendix A- Use Table Changes for Planning Commission Public Hearing- April 11, 2017 p. 1 of 1 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC E-AE E-LM Emergency Shelters29 N N N N N CU CU CU Y N N Y N CU CU CU N N 1. Residential uses are not permitted except only as an accessory use to an agricultural use. 2. Duplexes may be constructed, or a single unit may be converted into a duplex, on lots existing as of January 1, 2007 and which meet the minimum lot size of 10,000 square feet. 3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited. 4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the RL district. 5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB. 6. Must be owner-occupied. 7. Must be located on a major street. 8. Small daycares in the RCO zones shall be conditional use and shall only be allowed as part of small museums and shall constitute less than 50% of the gross floor area of the museum. 9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit. 10. Exterior storage and display not permitted. 11. All repairs must be contained within an enclosed structure. 12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit. 13. Permitted hours of operation 5:30 a.m. to 11:00 p.m. 14. Such uses not to exceed ten thousand (10,000) square feet per establishment. 15. Excludes storage of uncured hides, explosives, and oil and gas products. 16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District. 17. Allowed only as an accessory use. 18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center. 19. Facilities limited to no more than 10,000 square feet. 20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810 are exempt from regulation under local zoning. 21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District. 22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts. 23. Allowed only on properties with frontage on Pine Street. 24. Such uses shall not exceed 4,000 square feet in size. 25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010. 26. The mixed uses shall be limited to those that are either permitted, conditional, or pre-existing nonconforming in the zoning district. 27. Performing arts centers in the ELM zone shall be limited to a total of 5,000 square feet in size and to properties with frontage on Pine Street. Performing arts centers may contain accessory space for preparation and serving food and beverages, including alcohol, provided this accessory space comprises less than 50% of the entire establishment. 28. Grocery Stores up to but not to exceed 30,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise-Light Manufacturing District between Flynn and Home Avenue. 29. See special use standards of Sec. 5.4.13, Emergency Shelters. Legend: Y Permitted Use in this district CU Conditional Use in this district N Use not permitted in this district Abbreviation Zoning District RCO – A RCO - Agriculture RCO – RG RCO – Recreation/Greenspace RCO – C RCO - Conservation I Institutional RL/W Residential Low Density, Waterfront Residential Low Density RM/W Residential Medium Density, Waterfront Residential Medium Density RH Residential High Density D Downtown DW Downtown Waterfront DT Downtown Transition BST Battery Street Transition NMU Neighborhood Mixed Use NAC Neighborhood Activity Center NAC-RC NAC – Riverside Corridor E-AE Enterprise – Agricultural Processing and Energy E-LM Enterprise – Light Manufacturing Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts RESIDENTIAL USES Per Dwelling Unit except as noted Multi-unit attached dwelling units, studio units or 1-bedroom dwelling unit. 2 1 1 Single Family detached and Duplex 2 2 1 RESIDENTIAL USES - SPECIAL Per Dwelling Unit except as noted Assisted Living 0.5 0.5 0.4 Bed and Breakfast (per room, in addition to single- family residence) 1 0.75 0.5 Boarding House (per two (2) beds) 1 0.75 0.5 Community House 1 0.75 0.5 Convalescent Home (per four (4) beds) 1 1 1 Dormitory (per two (2) beds) 1 1 1 Emergency Shelter 0 0 0 Group Home (per two (2) beds) 1 1 1 Historic Inn (per room, in addition to single-family residence) 1 0.75 0.5 Sorority & Fraternity (per two (2) beds) 1 1 1 NON-RESIDENTIAL USES Per 1,000 square feet of gross floor area (gfa) except as noted Adult Day Care (per two (2) employees) 1 1 1 Agricultural Use None None None Amusement Arcade 2 1 0 Animal Boarding/Kennel/Shelter 2.5 1.5 1 Animal Grooming (per grooming station) 1 1 0 Animal Hospitals/Veterinarian Office 3 2 1 Appliance & Furniture Sales/Service 2.5 1 1 Aquarium 1.3 1 1 Art Gallery 3.3 2.5 1 Auction Houses 3.3 2.5 1 Automobile & Marine Parts Sales 2.5 1.5 1 Automobile Body Shop 2 plus 1/bay 2 plus 1/bay 2 plus 1/bay Automobile Repair/Service 2 plus 1/bay 2 plus 1/bay 2 plus 1/bay Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-17-12 CDO Technical Corrections This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to correct and address a number of “housekeeping” items throughout the Burlington Comprehensive Development Ordinance that have been discovered by staff and applicants through the daily implementation of the ordinance. None of these items establish new policy direction, and most of them simply address omissions or tie up loose ends from prior zoning amendments. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: None of these items establish new policy, and therefore have no impact on the goals and policies related to provision of safe and affordable housing in the Municipal Development Plan. Compatibility with the proposed future land uses and densities of the municipal development plan: None of these items establish new policy, and therefore have no impact on the proposed future land use and densities in the Municipal Development Plan. Implementation of specific proposals for planned community facilities: None of these items establish new policy, and therefore have no impact on proposed community facilities. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone:(802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, CFM, Associate Planner Anita Wade, Zoning Clerk vacant, Department Secretary TO: Planning Commission FROM: Scott Gustin DATE: March 28, 2017 RE: Technical corrections and clean up to the CDO The proposed zoning amendments below come from a running list of “housekeeping” items to correct/address in the Comprehensive Development Ordinance. Most of these items have come to light during the course of daily implementation of the ordinance by staff. Some of them have come as requests from the public. None of them establish new policy direction, and most of them simply fill in holes or tie up loose ends from prior zoning amendments. Most of the amendments below were reviewed by the Planning Commission Ordinance Committee as part of their discussion of FY ’17 priorities at their September and October, 2016 meetings. Each amendment is identified numerically with italics. New language is underlined in red, and deleted language is crossed out. Item 1) Include statutory reference to protections for solar collectors, clotheslines, or other energy devices based on renewable resources. Sec. 3.1.2 Zoning Permit Required Except for that development which is exempt from a permit requirement under Sec. 3.1.2(c) below, no development may be commenced within the city without a zoning permit issued by the administrative officer including but not limited to the following types of exterior and interior work: (a) Exterior Work: As written. (b) Interior work: As written. (c) Exemptions: The following shall be exempt from the requirements of this Ordinance and shall not be required to obtain a zoning permit: 1. Exterior modifications to a single family dwelling in a non-design review portion of the RL zoning district lawfully in existence prior to the adoption of this ordinance on a conforming lot, and not on or eligible for listing on the State or National Register of Historic Places. Such an exemption shall not be applicable to any of the following changes, which do require a zoning permit: A. Increased lot coverage; pg. 2 of 12 B. Increased habitable living space; C. Changes in setbacks or building footprints; and D. Construction of additional stories to an existing structure. E. Improvements in a Special Flood Hazard Area. 2. The removal of trees from any lot containing a single family home or duplex which consists of no more than three-quarters (3/4) of one acre. 3. Individual tree removal projects that are included under an approved and valid “tree maintenance plan”. 4. The maintenance or repair of any exterior architectural feature, or its replacement in- kind, which does not involve a change in the location, design, material, or the outward appearance of the feature; 5. Temporary ramps to serve the handicapped or disabled, for a period of not more than 90 days. 6. Public utility power generating plants and transmission facilities regulated under 30 V.S.A. §248. 7. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810. Prior to the construction of farm structures the farmer must notify the Administrative Officer in writing of the proposed activity. The notice must contain a sketch of the proposed structure including setbacks. 8. The temporary stabilization and securing of any structure, site, or building feature required to address an unsafe or dangerous condition which poses an imminent threat to public safety pursuant to a written order of the same issued under the authority of the city building inspector. 9. Where temporary stabilization is not reasonably available the emergency demolition of any structure, site, or building feature required to address an unsafe or dangerous condition which poses an imminent threat to public safety pursuant to a order of the same issued under the written authority of the city building inspector and with the written concurrence of the city engineer. This exemption does not extend beyond the required demolition, clearing of debris, securing or filling cellar holes, and related erosion control and stormwater management. 10. All structures of 24 square feet or less and no taller than 15 feet, as long as they are located in compliance with applicable setbacks. This exemption is limited to 1 such structure, or multiple structures in aggregate up to 24 square feet, per property. This exemption does not apply to properties located within the Special Flood Hazard Area. 11. Children’s play structures. 12. Temporary Structures or Uses as per Sec. 5.1.2 (f). 13. Urban agricultural exemptions: pg. 3 of 12 A. Cold frames of 6 feet in height or less. This exemption does not apply to properties located within the Special Flood Hazard Area. B. Up to 2 seasonal hoop houses, each 200 square feet or less, without foundations and as long as they are located in compliance with applicable setbacks. This exemption applies only to seasonal hoop houses that are sheathed in translucent plastic or similar material for a maximum of 9 months per year and are maintained in an intact condition. The frame may remain in place year-round. This exemption does not apply to properties located in the Special Flood Hazard Area. C. Urban agricultural uses or structures located on building rooftops. D. Sale of food produced onsite or at an individual’s community garden plot not to exceed $1,000 per year. Food may be processed within the individual’s residential kitchen. 14. Per Act 45: Sec. 15c. 24 V.S.A. § 4413(g), notwithstanding any provision of law to the contrary, nothing in this ordinance shall prohibit or have the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources. (d) Determination of Non-Applicability: As written. Item 2) Include NAC-CR and NMU in Table 4.4.2-2. Sec. 4.4.2 Neighborhood Mixed Use Districts Table 4.4.2 -2: Maximum FAR and Building Heights with Bonuses Maximum FAR Maximum Height NAC 3.0 FAR 45 feet NAC-Riverside 3.0 FAR 45 feet NAC-Cambrian Rise 2.5 FAR 75 feet NMU 2.5 FAR 45 feet Item 3) Include WRL and WRM in Table 4.4.5-1. Sec. 4.4.5 Residential Districts Table 4.4.5-1: Minimum Lot Size and Frontage: RL, RL-W, RM and RM-W2 Lot Frontage1 Lot Size Use (linear feet) (square feet) RL,WRL RM,WRM RL, WRL3 RM, WRM Single detached dwelling Min: 60’ Min: 30’ Min: 6,000 NA Duplex and above Min: 10,000 pg. 4 of 12 1. The DRB may adjust the frontage requirements for lots fronting on cul-de-sacs, multiple streets, or corner lots reflecting the existing neighborhood pattern on each respective street. 2. There are no minimum lot size or frontage requirements in the RH District. 3. Exception: Larger minimum lot size in RL and WRL larger lot overlay district; refer to Section 4.5.5 & Table 5.5-1. Item 4) Correct reference to Sec. 5.2.6. Sec. 4.5.2 Institutional Core Campus Overlay Districts (c) District Specific Regulations: University of Vermont Medical Center (ICC- UVMMC); 5. Building Height No portion of any building within the ICC-UVMMC Height Overlay (as delineated on Map 4.5.2-3 ICC-UVMMC Height Overlay) shall exceed the elevation of a plane running parallel to the earth at 540-feet above mean sea level. The provisions of Sec. 5.2.56 Building Height Limits shall not be applicable within the ICC-UVMMC Height Overlay. Item 5) Clarify title of Sec. 4.4.6 (d) 1 and make reference to statutory exemption. Sec. 4.4.6 Recreation, Conservation, and Open Space Districts (d) District Specific Regulations The following regulations are district-specific exemptions, bonuses, and standards unique to the RCO districts. They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district standards as provided above in Tables 4.4.6-1 and 4.4.6-2. 1. Lot Coverage Exemption for Agricultural Structures. The maximum allowable coverage may be increased to ten percent (10%) in the RCO- Agricultural District for agricultural structures not otherwise exempted from zoning review under V.S.A. 24 Sec. 4413 (d), subject to approval by the DRB. Item 6) Remove conditional use requirement in Sec. 4.5.4. Originally missed in ZA-15-02. Sec. 4.5.4 Natural Resource Protection Overlay (NR) District (c) District Specific Regulations: Riparian and Littoral Conservation Zone: 1. Permitted Uses: As written. 2. Prohibited Uses: As written. 3. Conditional Uses Regulated Uses: Except where otherwise noted herein, all uses permitted or conditionally permitted in the respective underlying zoning district, including any construction of buildings or other structures, and roads, parking areas or any other impervious surface, may be approved only within the Riparian and Littoral Conservation Zone and its associated pg. 5 of 12 buffer after review and approval pursuant to the Conditional Use review provisions of Article 3 and subject to the requirements and limitations below under Subpart 4. 4. Requirements: As written. (d) District Specific Regulations: Wetland Conservation Zone: 1. Additional Application Requirements As written. 2. Permitted Uses: As written. 3. Prohibited Uses: As written. 4. Conditional Uses Regulated Uses: Except where noted herein, all uses permitted or conditionally permitted in the respective underlying zoning district, including the list of activities below, may be approved within a wetland and its buffer zone after review and approval pursuant to the Conditional Use Review provisions of Article 3 and subject to the requirements and limitations set forth below under Subpart 6 below. A. The construction of buildings or other structures, and roads, parking areas or other impervious surface; B. Any form of drainage, dredging, excavation, or removal of material either directly or indirectly; C. Alteration or modification of natural drainage patterns, natural features and contours; D. Installation of docks, rip-rap or other shoreline stabilization features; E. Installation of utility poles or utility service lines, underground pipes or cable conduits, and wells; F. Cutting of greater than 25 percent of the trees six inches or more in diameter at breast height over any 10 year cycle; G. Construction, expansion or placement of any structure; H. Construction or expansion of roads, rail lines parking areas, trails, and sidewalks; I. Introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall, or the discharge of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland; J. The construction of a stormwater outfall as part of a stormwater management plan approved by the city engineer. In making determinations and decisions required herein, the city engineer shall consider the requirements of the most recent State of Vermont Stormwater Management Rules and Guidance document. The city engineer shall require the best practicable means be used to manage stormwater and prevent erosion and control sediment and the city engineer is hereby authorized to pg. 6 of 12 develop performance standards to ensure conformance with these state stormwater management rules; and, K. Application of pesticides performed by an applicator certified by the Vermont Department of Agriculture for the sole purpose of controlling invasive species and subject to the requirements of the City’s pesticide application ordinance (Burlington Code of Ordinances, Chapter 17, Section 9). In no other cases shall pesticides be applied. (e) District Specific Regulations: Natural Areas Zone: 1. Additional Application Requirements As written. 2. Permitted Uses: As written. 3. Prohibited Uses: As written. 4. Conditional Uses Regulated Uses: Except where noted herein, all uses permitted or conditionally permitted in the respective underlying zoning district, including the list of activities below, may be approved after review and approval pursuant to the Conditional Use provisions of Article 3 and subject to the requirements and limitations set forth below under subpart 5. A. The construction of buildings or other structures, and roads, parking areas and any other impervious surfaces; B. Land disturbing activities (i.e., vegetation has been removed, or the landscape has been graded or filled resulting in bare soil surfaces) not associated with a permitted or conditionally permitted use. Land disturbing activities which expose 5,000 or more square feet of soil (i.e., vegetation has been removed, or the landscape has been graded or filled resulting in bare soil surfaces) are prohibited except where a stormwater management, erosion prevention and sediment control plan has been reviewed by the Burlington Conservation Board and approved by the city engineer; C. Any form of drainage, dredging, excavation, or removal of material either directly or indirectly; D. Alteration or modification of natural drainage patterns, natural features and contours; E. Installation of docks, rip-rap or other shoreline stabilization features; F. Installation of utility poles or utility service lines, underground pipes or cable conduits, and wells; G. Cutting of greater than 25 percent of the trees six inches or more in diameter at breast height over any 10 year cycle; H. Construction, expansion or placement of any structure; pg. 7 of 12 I. Construction or expansion of existing roads, parking areas, trails, and sidewalks; J. Introduction of any form of pollution, including but not limited to the installation of a septic tank, the running of a sewer outfall, or the discharge of sewage treatment effluent or other liquid wastes into or so as to drain into a wetland; K. The construction of a stormwater outfall as part of a stormwater management plan approved by the city engineer. In making determinations and decisions required herein, the city engineer shall consider the requirements of the most recent State of Vermont Stormwater Management Rules and Guidance document. The city engineer shall require the best practicable means be used to manage stormwater and prevent erosion and control sediment and the city engineer is hereby authorized to develop performance standards to ensure conformance with these state stormwater management rules; L. Application of pesticides performed by an applicator certified by the Vermont Department of Agriculture for the sole purpose of controlling invasive species and subject to the requirements of the City’s pesticide application ordinance (Burlington Code of Ordinances, Chapter 17, Section 9). In no other cases shall pesticides be applied; and, M. Agricultural and silvicultural activities following Best Management Practices for the Protection of Water Quality including but not limited to housing of livestock, manure storage, pasturing livestock, growing crops, and compost storage, but excluding residential backyard compost storage. 5. Criteria for Review: As written. (f) District Specific Regulations: Special Flood Hazard Area: 1. Additional Application Requirements The following information shall be submitted in addition to the applicable requirements of Article 3 for any development proposed within a Special Flood Hazard Area: A. Base flood elevation data for all subdivision proposals and other proposed new developments containing more than fifty (50) lots or covering more than five (5) acres; B. The elevation, in relation to mean sea level, of the lowest floor, including basement, of all new construction or substantial improvements of structures; C. Confirmation if such structures contain a basement; and D. The elevation, in relation to mean sea level, to which any structure has been flood proofed. E. A Vermont Agency of Natural Resources Project Review Sheet for the proposal should be filled out. The Project Review Sheet should identify all State and Federal agencies from which permit approval is required for the proposal, and shall be filed as a required attachment to the City permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the permit application before work can pg. 8 of 12 begin. In addition, the DRB shall require of the applicant any of the following information deemed necessary for determining the suitability of the particular site for the proposed use: F. Plans in triplicate, drawn to scale, showing the location, dimensions, contours and elevation of the lot; the size and location on the site of existing and/or proposed structures, fill or storage of materials; the location and elevations of streets, water supply and sanitary facilities; and the relationship of the above to the location of the channel, floodway and base flood elevation where such information is available; G. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel and cross-sectional areas to be occupied by the proposed development; H. A profile showing the slope of the bottom of the channel or flow line of the stream; and I. Specifications for building construction and materials, flood proofing, mining, dredging, filling, grading, paving, excavation or drilling, channel improvement, storage of materials, water supply and sanitary facilities. 2. Permitted Uses in Floodway Areas The following open land uses shall be permitted within the floodway areas to the extent that they are permitted or conditionally permitted in the underlying zoning district, and provided that they do not require the erection of structures or storage of materials and equipment, the borrowing of fill from outside the floodway area, or channel modification or relocation, and do not obstruct flood flows, nor result in any increase in flood levels during the occurrence of the base flood discharge, decrease the water- carrying capacity of the floodway or channel, or increase off-site flood damage potential: A. Agricultural uses, such as general farming, pasture, orchard, and grazing, outdoor plant nurseries, truck farming, and forestry; B. Recreation uses, such as parks, camps, picnic grounds, tennis courts, golf courses, golf driving ranges, archery and shooting ranges, hiking and riding trails, hunting and fishing areas, game farms, fish hatcheries, wildlife sanctuaries, nature preserves, swimming areas and boat launching sites; and/or C. Accessory residential uses, such as lawns, gardens, and parking areas. 3. Permitted and Conditional Uses in Special Flood Hazard Areas (including Floodway areas) A. All those permitted open space uses as listed in Section 4.5.4.(f).2 above shall be permitted in the Special Flood Hazard Areas. B. All other uses permitted in the underlying zoning district are permitted only upon the granting of a conditional use review and approval by the DRB as per Article 3 subpart 7 below. pg. 9 of 12 4. – 10. As written. Item 7) Require clear sight triangle as part of general city standards so that it applies in non- design control areas of the city. Presently, its location in Article 6 precludes its effectiveness for non-design control properties. Sec. 5.2.6 Building Height Limits (a) – (b) As written. (c) Clear Sight Triangle 1. Fences placed within a clear sight triangle along driveways and at street intersections, or between an existing building and the front property line, whichever is less, shall be limited to 3-feet in height above the curb in order to provide safe sight distances for pedestrians and vehicles. Item 8) Remove conditional use requirement within Sec. 5.3.6. Originally missed in ZA-15-02. Sec. 5.3.6 Nonconforming Lots Development may occur on a non-conforming lot only in the following manner: (a) Existing Small Lots: See Sec. 5.2.1. (b) Required Frontage or Access: See Sec. 5.2.2. (c) Changes to a Nonconforming Lot: No change shall be permitted to any nonconforming lot which would have the effect of increasing the density at which the property is being used, or increasing the structure located upon such lot, if the dimensional requirements and standards, including parking, of the underlying zoning district are not met as a result thereof. Any changes proposed on a non-conforming lot are subject to conditional use review. Allowance of adaptive reuse and pg. 10 of 12 residential conversion bonuses shall be an exception to the foregoing standards. A lot shall be considered nonconforming if there is not sufficient parking, as determined by the standards provided in Article 8. In such cases where a parking waiver or waivers may be or have been legally granted, such a waiver shall not be considered to increase the degree of non-conformity. Item 9) Correct spelling in Sec. 6.1.2 (b) and punctuation in Sec. 6.1.2 (e). Sec. 6.1.2 Review Standards (a) As written. (b) Block Size and Arrangement: The size and arrangement of new blocks shall maintain the size and arrangement of existing neighborhood blocks within the zoning district, and support the pattern of interconnected streets throughout the city. (c) – (d) As written. (e) Connectivity of sidewalks, trails, and natural systems: The established sidewalk network shall be maintained and extended to the extent possible. Trail networks and uninterrupted corridors of greenspace outside of the established street grid should be maintained and extended wherever possible. All sidewalks shall be in conformance with applicable street design & construction details as provided by the department. of public works, and shall be dedicated to the city. Item 10) Takes clear sight triangle out of design review only and puts in Article 5 as a citywide general standard. Sec. 6.2.2 Review Standards (m) Landscaping and Fences: Landscaping shall be used to beautify the development site and to provide specific functions and benefits to the uses and buildings on the site. These include but are not limited to stormwater retention and erosion control, winter windbreaks and summer shade, recreational and habitat corridors, buffers and screening of parking areas, and creating privacy for and from adjacent property. Existing trees shall be retained and incorporated into a landscape plan to the extent possible, and existing trees to be retained shall be protected during construction in accordance with specifications provided by the city arborist. Contiguous green space, both within the site and with adjacent properties, should be provided on a site whenever possible and be designed to provide wildlife travel corridors and habitat preservation, as well as enabling recreational access. If open space is intended to be publicly accessible, it shall be designed to maximize accessibility for all individuals including the disabled, encourage social interaction, and facilitate ease of maintenance. Along the street edge, landscaping shall be used to provide a visual buffer into parking areas from the public street and reinforce the streetscape. pg. 11 of 12 The selection of plant materials and planting sites should create a sustainable landscape, and consideration shall be given to factors such as hardiness, salt tolerance, disease resistance, invasiveness, root and canopy spread, underground and overhead utilities, soil conditions, and microclimates. The use of native plant materials is encouraged, and the use of plants considered invasive by VT Agency of Agriculture shall be prohibited. For more information on sustainable landscapes, applicants are encouraged to consult Planting Sustainable Landscapes: A Guide for Plan Reviewers prepared for the Vermont Department of Forests Parks and Recreation by the Vermont Chapter of the American Society of Landscape Architects. New or replacement street trees shall be provided consistent with the city’s Street Tree Master Plan. All proposed street trees shall be selected and planted in accordance with specifications provided by the city arborist. Fences may be placed within the required setback along a property line, but shall be setback sufficiently to provide for the maintenance of both sides of the fence without entering onto the adjacent property and shall present a finished side to the adjoining property and public street. Fences placed within a clear sight triangle shall adhere to the standards of Sec. 5.2.6 (c). along driveways and at street intersections, or between an existing building and the front property line, whichever is less, shall be limited to 3-feet in height above the curb in order to provide safe sight distances for pedestrians and vehicles. Styles, materials, and dimensions of the proposed fence shall be compatible with the context of the neighborhood and the use of the property. Item 11) Removes conditional use footnote from Sec. 11.1.3. Originally missed in ZA-15-02. Sec. 11.1.3 General Requirements and Applicability. Any development involving multiple lots, tracts or parcels of land to be developed as a single entity, or seeking to place multiple structures and/or uses on a single lot where not otherwise permitted, may be permitted as a PUD subject to the provisions of this Article. A planned unit development may be permitted subject to minimum project size as follows in the following districts: pg. 12 of 12 Districts Minimum Project Size RH, RM, RM-W, Downtown and Neighborhood Mixed Use, Institutional1 No minimum project size. RL, RL-W, RCO-R/G1 2 acres or more 1. Subject to Conditional Use Review pursuant to Art 3, Part 5. Item 12) Cleans up use of footnote 8. Limits it to its intended use relative to daycares and museums. Appendix A-Use Table – All Zoning Districts Delete footnote 8 except where applicable for daycares and small museums (see attached). Item 13) Deletes Appendix B. The standards are duplicative of those in Article 4 and has not been kept up to date. One set of standards in one location is better. Appendix B – Dimensional Standards – All Zoning Districts Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 1 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Single Detached Dwelling N N 1 N N Y Y Y N N N N N N N N N N N N Accessory Dwelling Unit (See Art.5, Sec.5.4.5) N N N N Y Y Y N N N N N N N N N N Attached Dwellings - Duplex N N1 N N Y CU 2 Y Y N N N N N Y 3 N Y N N N Attached Dwellings - Multi- Family (3 or more) N N1 N N CU N Y Y Y Y N Y Y Y Y Y Y N N Attached Dwelling(s) – Mixed-Use26 N N1 N N CU CU CU CU Y Y N Y Y Y Y Y Y N N RESIDENTIAL SPECIAL USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Assisted Living N N N N CU CU Y Y Y Y N Y Y Y Y Y Y N N Bed and Breakfast4, 6 N N N N CU CU CU CU Y Y N Y Y Y Y Y N N N Boarding House 6 (4 persons or less) N N N N CU CU Y Y Y Y N Y Y Y Y Y N N N Boarding House 6 (5 persons or more) N N N N CU CU CU CU Y Y N Y Y CU CU CU N N N Community House (See Sec.5.4.4) N N N N CU CU CU CU Y Y N CU CU CU CU CU CU N N Convalescent /Nursing Home N N N N CU CU Y Y Y Y N Y Y Y Y Y Y N N Dormitory5 N N N N CU N N N N N N CU CU N25 CU CU N N N Group Home N N N N Y Y Y Y Y CU N Y N Y Y Y Y N N Historic Inn (See Sec.5.4.2) N N N N CU CU CU CU Y Y N CU CU CU Y Y Y N N Mobile Home Park N N N N N CU CU N N N N N N N N N N N N Sorority/Fraternity5 N N N N CU N N N N N N CU N N N N N N N NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Adult Day Care N N N N CU N N N Y Y N Y Y Y Y Y Y N N Agricultural Use20 N Y Y CU Y N N N N N N N N N N N N Y N Amusement Arcade N N N N N N N N Y Y N CU CU N CU CU CU N N Animal Boarding/Kennel/Shelter N CU N N N N N N CU29 CU29 N CU29 CU29 N CU CU CU CU CU Animal Grooming N N N N N N N N N N N Y Y Y Y Y Y CU CU Animal Hospitals/Veterinarian Office N CU N N CU N N N CU N N CU CU CU CU CU CU Y Y Appliance Sales/Service N N N N N N N N Y Y N CU Y Y24 Y Y Y24 N Y Aquarium N N CU N CU N N N Y Y (See Sec.4.4.1(d) 2) CU Y N N N N N N Art Gallery/Studio N N N N Y N N CU8, 13 Y Y (See Sec.4.4.1(d) 2) Y Y Y Y Y Y Y Y Auction House N N N N N N N N Y Y N Y Y N Y Y N N CU Automobile Body Shop N N N N N N N N N N N N N N N Y N N Y Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 2 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Automobile & Marine Parts Sales N N N N N N N N Y Y14 (See Sec.4.4.1(d) 2) CU Y CU Y Y Y N Y Automobile/Vehicle Repair N N N N N N N N N N N N N CU9, 12, 14 CU9, 12, 14 CU14 N N Y Automobile Sales – New & Used N N N N N N N N Y10 N N CU10 Y10 N Y Y N N CU Bakery - Retail N CU N N N N22 N22 CU 8, 13 Y Y N Y Y Y Y Y Y Y Y Bakery - Wholesale N N N N N N N N Y Y N CU CU N Y Y N Y Y Bank, Credit Union N N N N CU N22 N22 N22 Y Y N Y Y Y Y Y Y N N Bar, Tavern N N N N N N N N Y Y N N CU CU CU CU CU N N Beauty/ Barber Shop N N N N CU N22 N22 CU 8, 13 Y Y N Y Y Y Y CU Y N N Bicycle Sales/Repair N N N N CU N N N Y Y N Y Y Y Y Y Y N Y Billiard Parlor N N N N N N N N Y Y N CU CU CU Y CU Y N N Boat Repair/Service N N CU N N N N N N CU (See Sec.4.4.1(d) 2) CU CU N CU CU N N Y Boat Sales/Rentals N N CU N N N N N Y Y (See Sec.4.4.1(d) 2) Y Y N Y Y N N Y Boat Storage N N CU N N N N N N CU N CU CU N CU CU N N Y Bowling Alley N N N N N N N N CU N N N CU CU Y Y Y N N Building Material Sales N N N N N N N N N N N N N N Y10 Y N N Y Café N CU17 CU N CU N22 N22 CU 8, 13 Y Y (See Sec.4.4.1(d) 2) CU Y Y Y Y Y CU CU Camp Ground N Y Y N N N N N N N (See Sec.4.4.1(d) 2) N N N N N N N N Car Wash N N N N N N N N N N N N N N CU Y CU N CU Cemetery N N Y N N N N N N N N N N N N N N N N Cinema N N N N Y N N CU 8 Y Y N Y Y CU14 Y N Y14 N N Club, Membership N N Y N CU N Y Y Y N N Y Y CU CU N CU N N Community Center N N CU N CU CU13 CU13 Y13 Y Y N Y Y Y Y Y Y N CU Community Garden N Y Y N Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Conference Center N N N N CU N N N Y N N CU CU N N N N N N Composting N CU N N N N N N N N N N N N N N N N N Contractor Yard N N N N N N N N N N N N N N N Y 10 N N Y Convenience Store (See Sec.5.4.3) N N N N N N N CU8, 12 Y Y12 N CU Y Y12 Y Y Y12 N Y Convention Center N N N N N N N N CU CU N CU CU N N N N N N Courthouse N N N N Y N N CU Y Y N Y Y N N N N N N Crematory N N N N N N N N N N N N N N N CU N N N Crisis Counseling Center N N N N CU CU CU CU Y Y N Y Y Y Y Y Y N N Daycare - Large (Over 20 children) N N N N CU CU13 CU13 CU13 Y Y N CU CU Y Y Y Y N CU17 Daycare - Small (7-20 children) (See Sec.5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 Y Y N CU CU Y Y Y Y CU CU17 Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 3 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Daycare - Home (6 children or less) N N N N Y Y Y Y Y Y N Y Y Y Y Y Y N N Dental Lab N N N N CU N N N Y Y N Y Y Y Y Y Y N Y Distribution Center N N N N N N N N N N N N N N N CU N N CU Dry Cleaning Plant N N N N N N N N N N N N N N N CU N N CU Dry Cleaning Service N N N N CU N22 N22 N22 Y Y 14 N Y Y Y24 Y Y Y24 N CU Film Studio N N N N Y N N N Y Y N Y Y N CU Y CU N CU Fire Station N N Y N Y CU CU CU Y Y N Y Y Y Y Y Y Y Y Food Processing N N N N N N N N N N N CU CU CU CU CU CU CU Y Fuel Service Station9 N N N N N N N N Y 11 N N CU11 CU11 CU11 Y 11 Y N N N Funeral Home N N N N N CU 7 CU 7 CU7, 8 CU N N N N CU Y Y N N N Garden Supply Store N N N N CU N N N CU 14 CU 14 N CU14 CU14 CU24 Y Y N Y Y General Merchandise/Retail – Small <4,000sqft N N N N CU N22 N22 N22 Y Y (See Sec.4.4.1(d) 2) Y Y Y Y Y Y N Y General Merchandise/Retail – Large ≥4,000sqft N N N N N N N N Y CU (See Sec.4.4.1(d) 2) CU CU N CU18 CU CU N CU17 Grocery Store – Small ≤10,000sqft N N N N N N N CU 8 Y Y N Y Y Y Y Y Y CU CU28 Grocery Store – Large >10,000sqft N N N N N N N N Y N N CU CU N Y Y N N CU28 Hazardous Waste Collection/Disposal N N N N N N N N N N N N N N N N N N CU Health Club N N N N Y N N CU 8 Y Y N CU CU CU Y Y Y N CU Health Studio N N N N Y N22 N22 CU8 Y Y N Y Y Y Y Y Y N Y Hospitals N N N N CU N N CU CU N N CU CU N N N N N N Hostel N N N N Y N N CU Y Y N Y Y Y Y Y Y N N Hotel, Motel N N N N CU N N N Y Y (See Sec.4.4.1(d) 2) CU CU N Y N Y N N Laundromat N N N N CU N22 N22 CU 8, 13 Y Y13 N Y13 Y13 Y13 Y Y Y N Y Library N N N N Y CU CU Y Y Y N Y Y Y Y Y Y N N Lumber Yard N N N N N N N N N N N N N N CU10 Y N N Y Machine/Woodworking Shop N N N N N N N N N N N CU CU CU CU CU CU24 CU Y Manufacturing N N N N N N N N N N N N N N N CU N CU Y Manufacturing - Tour Oriented N N N N N N N N N CU N N CU N N CU N CU CU Marina N N Y N N N N N N Y (See Sec.4.4.1(d) 2) N N N N N N N N Medical Lab N N N N CU N N N Y N N CU CU CU Y Y N CU CU Mental Health Crisis Center N N N N N N CU (See §5.4.11) N N N N N N N N N N N N Micro-Brewery/Winery N N N N N N N N Y Y N Y Y CU Y Y CU CU Y19 Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 4 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Museum–Small < 10,000 sqft N CU CU CU Y CU13 CU13 CU8,13 Y Y (See Sec.4.4.1(d) 2) Y Y Y Y Y Y CU Y23 Museum-Large >10,000 sqft N N N N CU N N N CU CU (See Sec.4.4.1(d) 2) CU CU N CU CU N CU CU23 Office - General N N N N N N N N Y Y N Y Y Y Y Y Y CU Y Office - Medical, Dental N N N N CU N22 N22 N22 Y Y N Y Y Y Y Y Y N Y Open Air Markets N Y Y N Y CU CU CU Y Y (See Sec.4.4.1(d) 2) Y Y Y Y Y Y Y Y Operations Center – Taxi/Bus9 N N N N N N N N N N N N N N N CU11 N N Y Operations Center - Trucking9 N N N N N N N N N N N N N N N Y11 N CU11 CU Park N Y Y Y Y Y Y Y Y Y (See Sec.4.4.1(d) 2) Y Y Y Y Y Y CU CU Parking Garage 9 N N N N Y N N CU Y Y N Y Y CU Y N CU N CU Parking Lot 9 N N N N N N N N N N N N N N CU N N N CU Performing Arts Center N N N N Y N N N Y Y (See Sec.4.4.1(d) 2) CU CU CU Y N CU N CU27 Performing Arts Studio N N N N Y N N CU13 Y Y (See Sec.4.4.1(d) 2) CU CU CU CU CU Y N Y Pet Store10 N N N N N N N N CU CU N CU CU CU Y Y Y N N Pharmacy N N N N CU N22 N22 N22 Y Y N Y Y Y Y Y Y N N Photo Studio N N N N N N22 N22 N Y Y N Y Y Y Y Y Y N Y Photography Lab N N N N N N N N Y N N CU CU CU Y Y Y CU Y Police Station - Central N N N N CU N N N Y Y N Y Y Y Y Y N N N Police Station - Local N N CU N Y CU CU CU Y Y N Y Y Y Y Y Y Y Y Post Office – Central Distribution Center N N N N N N N N N N N Y N N Y Y N N Y Post Office - Local N N N N Y N22 N22 N22 Y Y N Y Y Y Y Y Y N N Printing Plant N N N N N N N N N N N N N N N CU N N Y Printing Shop N N N N CU N22 N22 N Y N N CU CU CU Y Y Y N Y Public Transit Terminal N N N N Y N N N Y Y (See Sec.4.4.1(d) 2) CU CU N CU CU Y CU Y Public Works Yard/Garage9 N N N N CU11 N N N N N N N N N CU11 Y11 N CU Y Radio & TV Studio N N N N N N N N Y Y N CU Y N Y Y Y N Y Rail Equip. Storage & Repair N N N N N N N N N N (See Sec.4.4.1(d) 2) N N N N N N CU CU Recording Studio N N N N N N N CU 8 Y Y N Y Y CU CU Y Y N Y Recreational Facility - Indoor N N CU N CU N CU CU Y CU (See Sec.4.4.1(d) 2) CU CU N Y CU N N CU Recreational Facility - Outdoor Commercial N N CU N CU N N N N CU (See Sec.4.4.1(d) 2) N N N N CU N N N Recreational Facility - Outdoor N N Y N Y N N N N N (See Sec.4.4.1(d) 2) N N N Y Y CU N N Recreational Vehicle Sales – New and Used N N N N N N N N N N N N N N CU CU N N Y Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 5 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Use Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH D DW DW-PT16 DT BST NMU NAC NAC- RC NAC-CR E-AE E-LM Recycling Center – Large 10 (above 2,000 sf) N N N N N N N N N N N N N N N N N CU CU Recycling Center - Small 10 (2,000 sf or less) N N N N CU N N N N N N N N CU CU CU CU CU Y Research Lab N CU N N CU N N N CU CU (See Sec.4.4.1(d) 2) CU CU N CU CU CU24 CU Y Restaurant N N N N N N22 N22 CU 8, 13 Y Y (See Sec.4.4.1(d) 2) Y Y Y13 Y Y Y13 N N Restaurant – Take Out N N N N CU13 N22 N22 N Y Y (See Sec.4.4.1(d) 2) Y Y Y13 Y Y Y13 N Y13 Salon/Spa N N N N CU N22 N22 N Y Y N Y Y Y Y Y Y N N School - Post-Secondary &Community College N N Y N CU N CU CU CU N N CU CU CU CU CU CU N N School - Primary N N N N CU CU CU CU CU N N CU N CU CU CU CU N N School - Secondary N N N N CU CU CU CU CU N N CU N CU CU CU CU N N School, -Trade, or Professional N N N N CU N N N Y N N CU CU CU N N CU N CU Solid Waste Facility - Incinerator, Landfill, Transfer Station N N N N N N N N N N N N N N N N N CU CU Tailor Shop N N N N N N22 N22 CU 8 Y Y N Y Y Y Y Y Y N N Warehouse N CU N N CU N N N N N (See Sec.4.4.1(d) 2) N N N N Y15 N Y Y Warehouse, Retail9 N N N N N N N N N N N N N N CU15 CU15 N CU CU Warehouse, Self-Storage9 N N N N N N N N N N N N N N N Y15 N N CU Wholesale Sales9 N CU N N N N N N N N N N N N N Y 15 N Y Y Worship, Place of N N N N CU CU CU Y Y N N Y Y Y CU CU CU N N 1. Residential uses are not permitted except only as an accessory use to an agricultural use. 2. Duplexes may be constructed on lots which meet the minimum lot size specified in Table 4.4.5-1. 3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited. 4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the RL district. 5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB. 6. Must be owner-occupied. 7. Must be located on a major street. 8. Small daycares in the RCO zones shall be conditional use and shall only be allowed as part of small museums and shall constitute less than 50% of the gross floor area of the museum. 9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit. 10. Exterior storage and display not permitted. 11. All repairs must be contained within an enclosed structure. 12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit. 13. Permitted hours of operation 5:30 a.m. to 11:00 p.m. 14. Such uses not to exceed ten thousand (10,000) square feet per establishment. 15. Excludes storage of uncured hides, explosives, and oil and gas products. 16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District. 17. Allowed only as an accessory use. 18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center. 19. Cafes not permitted as an accessory use. Retail sales and tasting are permitted as an accessory use. 20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810 are exempt from regulation under local zoning. 21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District. Legend: Y Permitted Use in this district CU Conditional Use in this district N Use not permitted in this district Abbreviation Zoning District RCO – A RCO - Agriculture RCO – RG RCO – Recreation/Greenspace RCO – C RCO - Conservation I Institutional RL/W Residential Low Density, Waterfront Residential Low Density RM/W Residential Medium Density, Waterfront Residential Medium Density RH Residential High Density D Downtown DW Downtown Waterfront DT Downtown Transition BST Battery Street Transition NMU Neighborhood Mixed Use NAC Neighborhood Activity Center NAC-RC NAC – Riverside Corridor E-AE Enterprise – Agricultural Processing and Energy E-LM Enterprise – Light Manufacturing Appendix A-Use Table – All Zoning Districts Appendix Last Updated: January 1, 2017 p. 6 of 6 22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts. 23. Allowed only on properties with frontage on Pine Street. 24. Such uses shall not exceed 4,000 square feet in size. 25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010. 26. The mixed uses shall be limited to those that are either permitted, conditional, or pre-existing nonconforming in the zoning district. 27. Performing arts centers in the ELM zone shall be limited to a total of 5,000 square feet in size and to properties with frontage on Pine Street. Performing arts centers may contain accessory space for preparation and serving food and beverages, including alcohol, provided this accessory space comprises less than 50% of the entire establishment. 28. Grocery Stores up to but not to exceed 30,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise-Light Manufacturing District between Flynn and Home Avenue. 29. Must be fully enclosed within a building. Appendix B - Dimensional Standards – All Zoning Districts1 Appendix Last Updated: July 18, 2014 p. 1 of 4 District Density/ Intensity Lot Coverage (%) Building Height (feet) Front Setback1 (feet) Side Setbacks (% or feet) Rear Setback (% or feet) Lake & River Setback (feet) Lot Size (sqft) Street Frontage (feet) Mixed- Use Downtown Max: FAR 5.5 (FAR 8.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 65’ (105’ with bonuses) Min: 12’ from curb3 Min: 0’ Min: 0’ NA NA NA  Church Street Marketplace Min: 30’ & 3 story Max: 38’ w/in 100’ of centerline Downtown Transition  North of Buell Max: FAR 4 (FAR 5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 45’ (55’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0‘ (Res. Dist setback: min of 15’) NA NA NA  Frontage on south side of Main St. west of S. Winooski Ave Max: FAR 5.5 (FAR 8.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 65’ (105’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA  South of Buell Max: FAR 4 (FAR 5.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 45’ (65’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA  South of Maple Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ (45’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA Downtown Waterfront A. North of Pearl, east of railroad Max: FAR 4 (FAR 5.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 45’ (65’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA B. Pearl to Bank east of Lake St. Max: FAR 4 (FAR 5.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 45’ (65’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA C. Pearl to Bank west of Lake St. Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA D. Bank to College east of Lake St. Max: FAR 3 (FAR 5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ (55’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA E. Bank to College west of Lake St. Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA F. South of College Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA Downtown Waterfront – Public Trust Appendix B - Dimensional Standards – All Zoning Districts1 Appendix Last Updated: July 18, 2014 p. 2 of 4 District Density/ Intensity Lot Coverage (%) Building Height (feet) Front Setback1 (feet) Side Setbacks (% or feet) Rear Setback (% or feet) Lake & River Setback (feet) Lot Size (sqft) Street Frontage (feet) A. North of Pearl, west of railroad Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Max: 35’ Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA B. 200’ from water Max: FAR 2 (FAR 3 w/ bonus) Max: 100% Max: 35’ Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) Min: 50’ NA NA Battery Street Transition Max: FAR 3 (FAR 4.5 w/ bonus) Max: 100% Min: 30’ & 3 story Max: 35’ (55’ with bonuses) Min: 12’ from curb3 Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA NAC Max: FAR 2 (FAR 3 w/ bonus) Max: 80% Max: 35’ (45’ with bonuses) Min: 0’ Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA NAC-Riverside Corridor Max: FAR 2 (FAR 3 w/ bonus) Max: 80% Min: 20’ & 2 story Max: 35’ (45’ with bonuses) Min: 0’ Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA NMU Max: FAR 2 (FAR 3 w/ bonus) Max: 80% Min: 20’ & 2 story Max: 35’ (45’ with bonuses) Min: 0’ Min: 0’ (Res. Dist setback: min of 15’) Min: 0’ (Res. Dist setback: min of 15’) NA NA NA Enterprise Agricultural Processing & Energy Max: FAR 0.75 Max: 60% Max: 45’ Min: 10 Min: 10’ Min: 10’ Min: 100’ NA NA Light Manufacturing Max: FAR 2 Max: 80% Max: 45’ Min: 5’ Min: 0’ (Res. Dist setback: 25’ min) Min: 10% (Res. Dist setback: 25’ min) Min: 100’ NA NA Institutional Institutional Campus 20 du/acre (24 du/acre with inclusionary requirement) Max: 40% (48% w/ inclusionary requirement) Max: 35’ or height of existing buildings per Sec. 5.2.6(b)1 Min: 15’ 10% of lot width Min: 5-feet Max: 20-feet 25% of lot depth Min: 20-feet Max: 75-feet NA NA NA FAHC UVMMC Medical Center Core Overlay see Sec. 4.5.2(c) 20 du/acre (24 du/acre w/ inclusionary requirement) NA for dormitories, rooming houses and non-residential uses per Sec. 4.5.2(c)6. Max: 60-65% Max: 540’ above MSL or per Sec. 4.5.2(c)5 Min: 15’ NA NA NA NA NA Appendix B - Dimensional Standards – All Zoning Districts1 Appendix Last Updated: July 18, 2014 p. 3 of 4 District Density/ Intensity Lot Coverage (%) Building Height (feet) Front Setback1 (feet) Side Setbacks (% or feet) Rear Setback (% or feet) Lake & River Setback (feet) Lot Size (sqft) Street Frontage (feet) UVM Central Campus Core Overlay see Sec. 4.5.2(d) 20 du/acre (24 du/acre w/ inclusionary requirement) NA for dormitories, rooming houses and non-residential uses per Sec. 4.5.2(d)6. Max: 65-70% Max: 140’ or per Sec. 4.5.2(d)5 Min: 15’ NA NA NA NA NA UVM Trinity Campus Core Overlay see Sec. 4.5.2(e) 20 du/acre (24 du/acre w/ inclusionary requirement) Max: 40% (48% w/ inclusionary requirement) Max: 35’ or per Sec. 4.5.2(e) and Sec. 5.2.6(b)1.not to exceed 55’ Min: 115’ from Colchester Ave. (Structures <200sqft are exempt.) Min: 5-feet Max: 20-feet applicable only along perimeter Min: 20-feet Max: 75-feet applicable only along perimeter NA NA NA UVM South of Main St. Campus Core Overlay see Sec. 4.5.2(f) 20 du/acre (24 du/acre w/ inclusionary requirement) NA for dormitories, rooming houses and non-residential uses per Sec. 4.5.2(f)6. Max: 60% Max: 80’ or per Sec. 4.5.2(f)5 Existing building line as of January 1, 2008 along the South Prospect Street and Main Street frontages. NA NA NA NA NA Champlain College Core Overlay see Sec. 4.5.2(g) Max: FAR 1.0-1.1 per Sec. 4.5.2(g)4 Max: 60% Max: 35’ or height of existing buildings per Sec. 5.2.6(b)1 Existing building line as of January 1, 1994 along the South Willard Street frontage south of Maple Street. 10% of lot width Min: 5-feet Max: 20-feet or per Sec. 4.5.2(g)2 25% of lot depth Min: 20-feet Max: 75-feet or per Sec. 4.5.2(g)2 NA NA NA RCO Recreation / Greenspace Max: 0 Max: 5% Max: 35’ Min: 15’ Min: 10% Min: 25% Min: 100’ NA NA Conservation Max: 0 Max: 5% Max: 25’ Min: 15‘ Min: 10% Min: 25% Min: 100’ NA NA Agriculture Max: 0 Max: 5% Max: 35’ Min: 15’ Min: 10% Min: 25% Min: 100’ NA NA Urban Reserve Urban Reserve Max: 0 Max: 5% Max: 35’ Min: 15’ Min: 10% Min: 25% Min: 100’ NA NA Appendix B - Dimensional Standards – All Zoning Districts1 Appendix Last Updated: July 18, 2014 p. 4 of 4 District Density/ Intensity Lot Coverage (%) Building Height (feet) Front Setback1 (feet) Side Setbacks (% or feet) Rear Setback (% or feet) Lake & River Setback (feet) Lot Size (sqft) Street Frontage (feet) Residential (du/ac) RH Max: 40 du/ac (80 with bonus) Max: 80% (92% with bonus) Max: 35’ (45-ft with bonus) Max/Min: +/- 5-ft of average of 2 adjoining properties on both sides Min: 10% or 5’ (Max required no more than 25’) Min: 25% or 20’ (Max required no more than 75’) NA NA NA  RH Density Overlay: S. Union to Church Max: 35’ (68-ft with bonus)  RH Density Overlay: Church to Pine Max: 35’ (55-ft with bonus) RM Max: 20 du/ac (40 with bonus) Max: 40% (60% with bonus) Max: 35’ Max/Min: +/- 5-ft of average of 2 adjoining properties on both sides Min: 10% or 5’ (Max required no more than 25’) Min: 25% or 20’ (Max required no more than 75’) NA NA Min: 30’ RM-W Max: 20 du/ac (40 with bonus) Max: 60% (72% with bonus) Max: 35’ w/in 200’ of water and above 180’ elevation Max: 60’ beyond 200’ of water and below 180’ elevation Max/Min: +/- 5-ft of average of 2 adjoining properties on both sides Min: 10% or 5’ (Max required no more than 25’) Min: 25% or 20’ (Max required no more than 75’) Min: 75’ NA Min: 30’ RL Max: 7 du/ac (20 with bonus) Max: 35% (50% with bonus) Max: 35’ Max/Min: +/- 5-ft of average of 2 adjoining properties on both sides Min: 10% or 5’ (Max required no more than 25’) Min: 25% or 20’ (Max required no more than 75’) Min: 75’ Min: 6,000 (10,000 Duplex) Min: 60’ RL-W Max: 7 du/ac (20 with bonus) Max: 35% (50% with bonus) Max: 35’ Max/Min: +/- 5-ft of average of 2 adjoining properties on both sides Min: 10% or 5’ (Max required no more than 25’) Min: 25% or 20’ (Max required no more than 75’) Min: 75’ Min: 6,000 (10,000 Duplex) Min: 60’ 1. Any discrepancy between the dimensional standards found in this table and the dimensional standards found in Article 4 shall be made in favor of those standards found in Article 4. Measurement of and exceptions to coverage, setback and height standards are found in Article 5. 2. Except in the Institutional District, use the median front setback of principal structures on lots having the same street frontage within the same block of the subject property. 3. All structures shall be setback 12-feet from the curb on a public street except as otherwise allowed by the DRB for development on Center Street, on both sides of Pine Street between Cherry and Pearl Streets, on the east side of Pine Street between Bank and Main Streets, on the west side of Pine Street between College and Main Streets and on South Winooski Avenue between Bank and College Streets, all structures shall be setback at least twelve feet from the curb on a public street. The DRB may order a wider setback in any case under its review if it should determine that the application cannot be approved under applicable criteria without such additional setback. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-17-13 Signage Illumination in ELM This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to permit lighted signage in the Enterprise zoning districts, consistent with the City’s mixed use and institutional districts. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: This proposed amendment does not impact the goals and policies related to the provision of safe and affordable housing contained within the Municipal Development Plan. Compatibility with the proposed future land uses and densities of the municipal development plan: This proposed amendment does not impact the proposed future land use and densities proposed by the Municipal Development Plan. Implementation of specific proposals for planned community facilities: This proposed amendment does not implement a plan for community facilities. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Anita Wade, Zoning Clerk TO: Planning Commission FROM: Meagan Tuttle, Comprehensive Planner DATE: March 29, 2017 RE: Proposed ZA-17-13: Signage Illumination in ELM On March 14, 2017, the Planning Commission received a request from City Market to amend signage regulations regarding signage illumination in the Enterprise Districts. Currently, signage illumination is permitted in the City’s mixed use and institutional zoning districts, but not in Enterprise Districts. Past interpretations of Section 7.2.5 Signs in Enterprise Districts have permitted signs illuminated by exterior lighting, but not utilizing interior illumination. Since that time, a stricter interpretation of the ordinance has resulted in the prohibition on any type of sign lighting in the Enterprise Districts. Today, there are businesses in the South End with lighted signs, while new applications are not permitted to pursue illumination. It is unclear why sign illumination was not permitted in the Enterprise Districts in previous updates to the CDO. In the Planning Commission’s March 28, 2017 meeting, the Commission felt that permitting illuminated signage in the Enterprise Districts was appropriate. Burlington Comprehensive Development Ordinance PROPOSED: ZA-17-13- Signage Illumination in the ELM As proposed by Planning Commission- March 28, 2017 Changes shown (underline to be added, strike out to be deleted) are proposed changes to the Burlington Comprehensive Development Ordinance. Purpose: The purpose of this proposed amendment is to permit lighted signage in the Enterprise zoning districts, consistent with the City’s mixed use and institutional districts. Sec. 7.2.1 Regulation by District Signs shall be permitted in each district as specified in Table 7.2.1-1 below and as further regulated by the provisions of this Part. Where other provisions in this Article are more restrictive than Table 7.2.1-1, the more restrictive provisions shall apply. Table 7.2.1-1: Sign Regulation Summary Zoning District4 Sign Type Dimensional Requirements All RCO and Residential Districts All Mixed Use and Institutional Districts All Enterprise Districts (Reserved) Parallel Size 20-sf 2-sf1 2-sf1 - Maximum Height 14-ft2 14-ft2 14-ft2 - Illumination No Yes No - Projecting Size 4-sf 4-sf 4-sf - Maximum Height 12-ft2 14-ft 14-ft - Illumination No Yes No Yes - Freestanding Size 20-sf ½-sf1 1-sf1 - Maximum Height 6-ft 14-ft 6-ft - Illumination No Yes3 No - 1. Size is determined per each linear foot of building frontage allocated to the establishment 2. Or ceiling height of the first floor, whichever is less, except in D, D-T, E-LM and NMU-NAC where the sign may be above 14 feet as per Sec 7.2.3(a)4, Sec. 7.2.4 (c)2D, or Sec. 7.2.4(c)6C. 3. Illuminated freestanding signs are not permitted in NMU district. 4. No signs shall be permitted in the Urban Reserve District. Sec. 7.2.2 – 7.2.4 As written. Sec. 7.2.5 Signs in Enterprise Districts Signs in the Enterprise Zoning Districts shall be subject to the restrictions in Sec. 7.2.3 except as modified below: (a) The total area of any parallel sign shall not exceed two (2) square feet for each foot of length of the front building wall or length of that portion of such wall devoted to such establishment, or two hundred (200) square feet, whichever is less; (b) No parallel sign shall be painted on or affixed to the outside windows; (c) Illuminated signs are prohibited; (c) Freestanding signs shall not exceed six (6) feet in height; (d) The area of any freestanding sign shall not exceed one half (1/2) square foot per one (1) linear foot of frontage or a total of sixty (60) square feet, whichever is less; and, (e) No sign shall be located within three (3) feet of any sidewalk or its vertical plane, except where such sign is attached to the face of the building at least eight (8) feet above the sidewalk and is protruding no more than six (6) inches from the face of the building.