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HomeMy WebLinkAboutMinutes - Planning Commission - 05/09/2017 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 9 MAY 2017 The South Burlington Planning Commission held a regular meeting on Tuesday, 9 May 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. A. Klugo ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner; S. Swanson, D. Burke, T. Chittenden 1. Directions on emergency evacuation procedure from conference room: The Chair provided directions on emergency evacuation 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: Mr. Swanson noted that the Energy Committee met with people from the Regional Planning Commission. One issue that surfaced was addressing transportation issues via land use and trying to get Park and Ride and Intercept facilities. The issue is to get private land owners to set aside land. The Energy Committee also received a copy of a letter that went to the Planning Commission from CCRPC regarding the siting of solar. Mr. Swanson asked how the Energy Committee can be helpful with that in a productive way. Mr. Gagnon said that could be part of the Commission’s work plan discussion.  Mr. Swanson noted a June deadline to submit something to CCRPC.  Mr. MacDonald noted the State is also looking for input on this. Mr. Conner noted he will be attending a meeting tomorrow at CCRPC on this issue. 4. Public Hearing on possible amendments to Land Development Regulations: a. End-of-trip bicycle & pedestrian facilities b.      Planned Rights of Way – Williston Road and Market Street c. Affordable housing in SEQ NRN and reference corrections d. Street connection & cul-de-sac standard clarifications e. Clarification of uses permitted in the Municipal, Parks & Recreation, R7-Neighborhood, Commercial, and Institutional- Agricultural districts f. Allowance for front porches in the R4 District g.      Administration & Enforcement – streamline Planning Commission, Development Review Board, and Advisory Committee authorization, powers & duties and membership to refer to State Law h. Agricultural Use Amendments not related to Agricultural Enterprise i.       Street connections in T3 – Barrett Street to San Remo Drive j. Technical corrections Ms. Harrington moved to open the public hearing. Mr. Gagnon seconded. Motion passed 6-0. Ms. Louisos asked for public comment on proposed LDR amendments. Mr. Swanson said he supported the bike facilities amendment. Mr. Conner outlined some “tweaks” recommended by the City Attorney. These include: a.      Under bike facilities, Section B3: “adequate dedicated space” changed to “secure space. b. An omission added to the Tables c. On p. 18, the footnote was moved from the map to the General Standards (8.04(A) (5). d. Ms. LaRose suggested that they might want to clarify language on p. 3, Item C regarding long-term bicycle storage. Members preferred: “Building additions of more than 5000 gross square feet in area…” e.      On p. 8, Section 15.12(d)(4)(b) the word “placement” was changed to “location and configuration.” There was no further public comment. Mr. Gagnon moved to close the public hearing. Mr. Riehle seconded. Motion passed 6-0. 5. Public Hearing on possible amendments to Official Map: a. Addition of a planned right-0f-way along Market Street b. Addition of a planned street extending north from Barrett Street c. Change from planned street to planned recreation path between San Remo Drive and Barrett Street Mr. Gagnon then moved to open the public hearing on the Official Map. Mr. MacDonald seconded. Motion passed 6-0. Ms. Louisos asked for public comment. There was none forthcoming. Mr. Gagnon moved to close the public hearing on the Official Map. Ms. Harrington seconded. Motion passed 6-0. 6. Consider possible modification to draft Land Development Regulations and Official Map and accompanying Planning Commission Reports: Members made no further modifications. 7. Consider possible approval of draft Land Development Regulations and Official Map and accompanying Planning Commission reports and submittal to City Council: Ms. Harrington moved to approve the draft Land Development Regulations and Official Map and accompanying Planning Commission reports as presented and with the changes made at this meeting and submit them to the City Council. Mr. Gagnon seconded. Motion passed 6-0. Mr. Conner said the amendments will be presented to the City Council on 15 May. The likely date for a City Council public hearing is 5 June or possibly 19 June. 8. Planning Commissioner announcements and staff reports: Ms. Harrington advised that she will be moving out of the city in June. Mr. Riehle noted he had done a volunteer stint at a tree event in Burlington (“Branch Out Burlington”) at which people can purchase trees.  He also attended the City Arts Center fundraiser and Bike/Ped meeting regarding the Interstate bridge. Mr. Riehle also noted the record number of bags collected on Green Up Day. Mr. Conner praised the work done by Sam Swanson on Green Up Day over the years. Mr. Conner: This will be a summer of construction in the city and area including: Hinesburg Rd., Kennedy Drive, Market Street, stormwater projects, Williston Road to the Town of Williston, Essex 5 Corners, Airport taxiways, etc. Development review planner, Lindsey Britt, has moved on. Staff is taking applications; in the meantime, a Regional Planning Commission person is helping out one day a week. 9. Continued Discussion of Planning Commission priorities for 2017-2018: Mr. Conner explained the ranking/priority system on the spreadsheet provided. He noted that this prioritization can also help with determining planning grant applications for next year’s projects.  He added that the biggest project is the Master Plan/PUD project which could be considered every other or every third meeting. Mr. Gagnon noted that with #1 and #2 rankings, just about all the Commission’s time is used up.  He also noted that some City Council priorities can become Commission priorities. Ms. Louisos suggested that members indicate their “Top Ten” priorities.  Mr. Gagnon added that projects that are partly done should be ranked closer to the top. Mr. Klugo suggested reviewing how the Commission did last year and what they accomplished so they can be realistic about planning ahead. He also suggested addressing some projects by Commission sub-committees. Mr. Conner said projects fall into 3 categories: what the Commission can work on; what can be delegated to other, what projects to initiate. One goal could be to get money for future project. This needs to be on the list so staff can know what to work on. Ms. Louisos suggested members each pick 15 things they would like to work on. Mr. Conner added and indicate what they would like to accomplish in the next 14 months. Mr. Conner suggested that since a lot of possibilities involve transportation, the Commission might want to create a sub-committee just to address transportation items. Members then briefly discussed how to “assign” projects to committees.  Mr. Conner suggested some kind of tracking system for that and for items that committees bring to the Commission. Members agreed they should tell committees why they want specific things done and where those things fit in the bigger picture. Mr. Conner noted that the next meeting of the committee chairs and vice chairs is on 25 May. He suggested that someone from the Commission be present. Mr. Gagnon agreed to be available. 10. Minutes: No minutes were presented. 11. Other Business a. Town of Shelburne Planning Commission public hearing on zoning amendments, 25 May, 7 p.m. No issues were raised. b. Green Mountain Power 45-day notice of intent to submit a petition to the Public Service board for a proposed substation, National Guard Road Mr. Conner said there are three options: provide comment, take no action, request a full public hearing. He said staff has looked at this issue. It involves building a substation behind the Belter property. There would be occasional maintenance. There will be an application to the DRB to subdivide off this piece of land. Ms. Louisos asked if the land falls in the flood plain. Mr. Conner said he would look into that. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:20 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 May 9, 2017 1. Directions on emergency evacuation procedures from conference room 2. Agenda: Additions, deletions or changes in order of agenda items a. Meeting staff memo 3. Open to the public for items not related to the agenda 4. Public Hearing on possible amendments to Land Development Regulations Enclosed please find the full draft amendment package as approved for public hearing by the Planning Commission and sent to the neighboring communities. Notes: - Staff has not received any comments to date. We’ll share any feedback we receive prior to the hearing. - The draft amendments are under review by the City’s legal counsel. Any recommended adjustments will be shared with you in advance of the meeting. - Staff has one minor change to propose. At the second-to-last review meeting on the draft amendments, the Commission had requested the following statement be included to the parking requirements of the LDRs: “Bicycle parking may substitute for up to 25% of required parking. For every five bicycle parking spaces that meet the short or long term bicycle parking standards, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision.” This language was inadvertently left out of the draft that was warning for public hearing. Staff recommends it be re-inserted at this time. Procedure: A motion should be made and seconded to enter the public hearing. Any written comments should be orally acknowledged. Once the public has concluded providing any feedback, a motion should be made and seconded to close the hearing. 5. Public Hearing on possible amendments to Official Map (7:05 pm) Procedure: A motion should be made and seconded to enter the public hearing. Any written comments should be orally acknowledged. Once the public has concluded providing any feedback, a motion should be made and seconded to close the hearing. 6. Consider possible modifications to draft Land Development Regulations and Official Map and accompanying Planning Commission reports The Commission at this stage is welcome to discuss any modifications it would like to make the draft amendments. 7. Consider possible approval of draft Land Development Regulations and Official Map and accompanying Planning Commission reports and submittal to City Council If the Commission is comfortable with the draft amendments, it may choose to approve and submit the amendments and reports to the City Council for their consideration. Possible motion: “I move that the draft amendments to the Land Development Regulations and Official Map, along with their accompanying Planning Commission reports, be approved [as amended?? – If changes are made] and submitted to the City Council. 8. Planning Commissioner announcements and staff report 9. Continue Discussion of Planning Commission priorities for 2017-2018 See the attached enclosure. Staff will provide an updated version of the work list based on Commissioners’ individual comments back to staff prior to the meeting. 10. Discuss procedures for effective support work from committees Jessica and staff would like to host a discussion, in the light of the BIG project list that is under discussion at this meeting, about how to effectively coordinate, request, assign, and receive work from other committees in the City. This could take the form of a policy, or a “project initiation report” that identifies the known parties in a project, timeline, Commission role, Committee role, etc. At this time we’d like to introduce the topic and gather your initial feedback, and based on this discussion would come back with something in writing. 11. Meeting Minutes No new minutes at this meeting. 12. Other Business a. Town of Shelburne Planning Commission public hearing on zoning amendments, May 25, 7:00 pm See Attached proposed amendments. b. Green Mountain Power 45-day notice of intent to submit a petition to the Public Service Board for a proposed substation, National Guard Road See the attached proposal. The Commission may, if it wishes, either provide feedback on this project at this time, or call a public hearing to be held during this 45-day pre- application period. 13. Adjourn (8:58 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: City of Burlington Planning Commission Chair Town of Shelburne Planning Commission Chair Town of Colchester Planning Commission Chair Town of Williston Planning Commission Chair City of Winooski Planning Commission Chair Town of Essex Planning Commission Chair Village of Essex Junction Planning Commission Chair Charlie Baker, Chittenden County Regional Planning Commission Faith Ingulsrud, VT Department of Housing and Community Development FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Proposed Land Development Regulation Amendments DATE: April 14, 2017 Enclosed please find a series of proposed amendments to the City of South Burlington’s Land Development Regulations, as well as a report from the Planning Commission, as required under Chapter 117. The Planning Commission will hold a public hearing on these amendments on Tuesday, May 9, 7:00 pm in the City Hall Conference Room, 575 Dorset Street, South Burlington. Feedback on the draft amendments is welcome, either in person at the hearing, or in writing in advance of the hearing date. Should you have any questions, feel free contact the Department of Planning & Zoning. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS Public Hearing Tuesday, May 9, 2017 at 7:00 pm PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on Tuesday, May 9 at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Land Development Regulations. The amendments potentially affect all areas of the City. The purpose of the hearing is to consider the following: (A) Update requirements for bicycle racks, and establish bicycle storage and shower facility requirements; (B) Expand the planned right of way for Williston Road between I-89 and Hinesburg Road and establishment of a planned right-of-way for Market Street; (C) Permit affordable housing density bonus in the Southeast Quadrant Neighborhood Residential North sub-district, clarify applicability of transferable development rights in affordable housing density bonus housing units within the Southeast Quadrant district; and correct section references for affordable housing density bonus; (D) Revise standards of review for when street connections are required citywide and limitations on lengths of cul-de-sacs in the Southeast Quadrant; (E) Remove redundant lists of allowable uses in the Municipal, Parks & Recreation, R7-Neighborhood Commercial, and Institutional-Agricultural districts and clarify where the lists did not match; (F) Allow unenclosed front porches to extend into the front yard setback for principal buildings in the R4 District; (G) Update Planning Commission (PC) and Development Review Board (DRB)authorization, powers & duties, and membership to reference State Law and/or the City Charter, and expand the authorization for the Design Review Committee as an advisory committee to all advisory committees and update the section as described above for the PC and DRB; (H) Remove agricultural uses that are exempted by State Law, create and define a new use called “Food Hub”, and allow “Food Hub” in the IA, PR, MU, R7, R12, SEQ-NRP, SEQ-NRT, SEQ-NR, SEQ-VR, SEQ-VC, and C1-R12, C1-R15, C1-Auto, C1-LR, AR, SW, IO, C2, and IC districts; (I) Replace the planned street connection between Barrett Street and San Remo Drive with a planned recreation path, add a planned street extending north from Barrett Street, and label the new planned street as a “neighborhood narrow” type; and, (J) Correct section references, eliminating descriptions of where certain zoning districts are located, add section labels, correct typographical errors, and remove redundant density and dimensional standards in the C1-Auto, C1-LR Allen Road, and Swift Street district and location of parking in the C1-Auto and C1-Air districts Sections included in the amendments to the Land Development Regulations: Section 2.02: Definitions Section 3.01: Establishment of Districts and Description of Certain Districts Section 3.06: Setbacks and Buffers Table 3-1: Existing and Planned Street Rights-of-Way Section 4.06: Residential 7 with Neighborhood Commercial District – R7-NC Section 5.02: Commercial 1 with Automobile Sales District (C1-Auto) Section 5.03: Commercial 1 with Airport Uses District (C1-Air) Section 7.01: Institutional and Agricultural District I-A Section 7.02: Park and Recreation District PR Section 7.03: Municipal District MU Section 9.05: Residential Density Section 9.08: SEQ-NRT, SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards Section 9.09: SEQ-VR Sub-District; Specific Standards Section 9.10: SEQ-VC Sub-District; Specific Regulations Section 13.01: Off Street Parking and Loading Section 13.14: Bicycle Parking and Storage Section 13.27: Food Hub Section 14.10: Conditional Use Review: General Provisions and standards Section 15.12: Standards for Roadways, Parking and Circulation Section 17.04: Expiration of Permits and Approvals Section 17.07: Planning Commission Section 17.08: Development Review Board Section 17.10: Advisory Committees Appendix C: Uses and Dimensional Standards Appendix G: Bicycle Parking Map: City Center Form Based Codes District - Primary and Secondary Block Standards Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com/planning. Jessica Louisos, Planning Commission Chair April 14, 2017 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 Planning Commission Public Hearing Tuesday, May 9, 2017, 7:00 pm, City Hall, 575 Dorset Street Index to amendments: Numbered Headings – descriptors of amendment topics Proposed additions red and underlined [or as noted in red boxes on maps & illustrations] Proposed deletions red and strikethrough Notes for users: In Bold Red underlined Table of contents for the draft amendments: 1. End-of-Trip Bicycle & Pedestrian Facilities (bike racks, bike storage, showers) ................................................... 1 2. Planned Rights of Way – Expansion of Williston Road and Addition of Market Street ........................................ 4 3. Affordable Housing Bonus in the SEQ (add SEQ-NRN subdistrict, clarify existing language) ............................... 4 4. Standards for determining applicability of required street connections & allowable cul-de-sacs ....................... 5 5. Remove redundant lists and clarify uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7-Neighborhood Commercial District ..................................................... 7 6. Allow Unclosed Front Porches top Extend into Principal Building Setback in the R4 District ............................ 11 7. Update Planning Commission, Development Review Board, and Advisory Committees authorization, powers, duties, and membership .............................................................................................................................................. 11 8. Remove Agricultural Uses Exempt by State Law, Create New Food Hub Use allowed in certain districts ......... 13 9. Replace planned street connection between Barrett Street and San Remo Drive with recreation path, add new planned dead-end street north from Barrett Street ............................................................................................ 15 10. Technical corrections, formatting and typos .................................................................................................. 15 1. End-of-Trip Bicycle & Pedestrian Facilities (bike racks, bike storage, showers) 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 Draft for Planning Commission Public Hearing May 9, 2017 2 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 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. (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be dependent on Table 13-10. (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. Draft for Planning Commission Public Hearing May 9, 2017 3 (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; (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 13-10. 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. Draft for Planning Commission Public Hearing May 9, 2017 4 Table 13-11. 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 2. Planned Rights of Way – Expansion of Williston Road and Addition of 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 Bonus in the SEQ (add SEQ-NRN subdistrict, clarify existing language) 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. Draft for Planning Commission Public Hearing May 9, 2017 5 (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. (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. Standards for determining applicability of required street connections & allowable 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. Draft for Planning Commission Public Hearing May 9, 2017 6 (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 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; Draft for Planning Commission Public Hearing May 9, 2017 7 (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. (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. (e) 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. Remove redundant lists and clarify 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) Draft for Planning Commission Public Hearing May 9, 2017 8 (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) (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 Draft for Planning Commission Public Hearing May 9, 2017 9 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. (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. Draft for Planning Commission Public Hearing May 9, 2017 10 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 (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. Draft for Planning Commission Public Hearing May 9, 2017 11 6. Allow Unclosed Front Porches top Extend into Principal Building Setback 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 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. Update Planning Commission, Development Review Board, and Advisory Committees authorization, powers, duties, and membership 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. Draft for Planning Commission Public Hearing May 9, 2017 12 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 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 Draft for Planning Commission Public Hearing May 9, 2017 13 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 [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. 8. Remove Agricultural Uses Exempt by State Law, Create New Food Hub Use allowed in certain districts 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; Draft for Planning Commission Public Hearing May 9, 2017 14 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 school 1 per classroom and other rooms used by 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 Draft for Planning Commission Public Hearing May 9, 2017 15 (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. 9. Replace planned street connection between Barrett Street and San Remo Drive with recreation path, add new planned dead-end street north from Barrett Street See City Center FBC Block Standards & Street Type applicability map 10. Technical corrections, formatting and typos • Conditional Use Procedural clarification. 14.10 Conditional Use Review: General Provisions and Standards 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 Draft for Planning Commission Public Hearing May 9, 2017 16 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. (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). Draft for Planning Commission Public Hearing May 9, 2017 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. 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 • Density in C1-Auto district. 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 40Retail (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 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 4Multi-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 Draft for Planning Commission Public Hearing May 9, 2017 18 • 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. 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 Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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 8Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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, Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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 Draft for Planning Commission Public Hearing May 9, 2017 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 LabelDraft for Planning Commission Public Hearing May 9, 2017 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment Report Planning Commission Public Hearing Tuesday, May 9, 2017, 7:00 pm In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report, approved April 11, 2017, 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 Tuesday, May 9, 2017 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 (bike racks, bike storage, showers) ................................................... 2 2. Planned Rights of Way – Expansion of Williston Road and Addition of Market Street ........................................ 3 3. Affordable Housing Bonus in the SEQ (add SEQ-NRN subdistrict, clarify existing language) ............................... 3 4. Standards for determining applicability of required street connections & allowable cul-de-sacs ....................... 4 5. Remove redundant lists and clarify uses permitted in the Institutional-Agricultural district, Municipal District, Recreation & Parks District, and Residential 7-Neighborhood Commercial District ..................................................... 5 6. Allow Unclosed Front Porches top Extend into Principal Building Setback in the R4 District .............................. 6 7. Update Planning Commission, Development Review Board, and Advisory Committees authorization, powers, duties, and membership ................................................................................................................................................ 7 8. Remove Agricultural Uses Exempt by State Law, Create New Food Hub Use allowed in certain districts ........... 8 9. Replace planned street connection between Barrett Street and San Remo Drive with recreation path, add new planned dead-end street north from Barrett Street .............................................................................................. 8 10. 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 2 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. End-of-Trip Bicycle & Pedestrian Facilities (bike racks, bike storage, showers) 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. 3 2. Planned Rights of Way – Expansion of Williston Road and Addition of 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 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 Bonus in the SEQ (add SEQ-NRN subdistrict, clarify existing language) 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): 4 (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 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. Standards for determining applicability of required street connections & allowable 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) 5 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 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. Remove redundant lists and clarify 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 6 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). 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. Allow Unclosed Front Porches top Extend into Principal Building Setback in the R4 District Brief summary: Per the Chamberlin Committee final report, would allow open air front porches to extend up to 12 feet in front of the principal building into the principal building setback. 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, up to 10 feet from the front lot line, and clarifies that such porches within the front yard setback cannot be enclosed. 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). 7 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. 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. Update Planning Commission, Development Review Board, and Advisory Committees authorization, powers, duties, and membership 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 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. 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. 8 No changes affecting planned community facilities are proposed. 8. Remove Agricultural Uses Exempt by State Law, Create New Food Hub Use allowed in certain districts 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): (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. 9. Replace planned street connection between Barrett Street and San Remo Drive with recreation path, add new planned dead-end street north from Barrett Street 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 a planned street extending north from Barrett Street as a dead-end, secondary street. 9 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 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 10 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. 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 10. 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. • 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. 12 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 MEMORANDUM TO: City of Burlington Planning Commission Chair Town of Shelburne Planning Commission Chair Town of Colchester Planning Commission Chair Town of Williston Planning Commission Chair City of Winooski Planning Commission Chair Town of Essex Planning Commission Chair Village of Essex Junction Planning Commission Chair Charlie Baker, Chittenden County Regional Planning Commission Faith Ingulsrud, VT Department of Housing and Community Development FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Proposed Official Map Amendments DATE: April 14, 2017 Enclosed please find a series of proposed amendments to the City of South Burlington’s Official Map, as well as a report from the Planning Commission, as required under Chapter 117. The Planning Commission will hold a public hearing on these amendments on Tuesday, May 9th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington. Feedback on the draft amendments is welcome, either in person at the hearing, or in writing in advance of the hearing date. Should you have any questions, feel free contact the Department of Planning & Zoning. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PROPOSED AMENDMENTS to the SOUTH BURLINGTON OFFICIAL MAP Public Hearing Tuesday, May 9, 2017 at 7:00 pm PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on Tuesday, May 9th at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Official Map. The amendments affect the City Center Form Based Code Area. The purpose of the hearing is to consider: (A) Addition of a planned right of way along Market Street, (B) Addition of a planned street extending north from Barrett Street, and (C) Change from planned street to planned recreation path between San Remo Drive and Barrett Street. Copies of the proposed amendment are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 AM and 4:30 PM Monday through Friday except holidays, and on the city website at www.sburl.com/planning. Jessica Louisos, Chair April 14, 2017 CITY OF SOUTH BURLINGTONCITY OF BURLINGTONBlock StandardsAppicability Non-Exempt INTERSTATE 89W H IT E S T DORSET STHINESBURG RDA S P E N D R R U T H S T G A R D E N S T PATCHEN RDMIDAS DRMARY STM A R K E T S T WILLISTON RD I B Y S T SAN REMO DRLegend Form Based Code Area (346 acres) Existing Road Parcels Existing Streets Planned Streets Planned Recreation Path Planned Street Right of Way Parks Tax Parcel Boundary E P:\Planning&Zoning\Planning\OfficialMap\OfficialMap2016\OfficialMap_2016.mxd exported by:mbrumberg On 3/29/2017 City of South Burlington Planning & Zoning - Official Map (Form Based Code Area) Effective March 21, 2017 DRAFT: 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 1,400350 Feet 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 Tuesday, May 9, 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 Tuesday, May 9th 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”. Would also add a planned street extending north from Barrett 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. 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 (cars 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. Planning Commission Work Plan FY 2017‐2018 First DraftApril 21, 201712131415161718192021222324BCDEFGHJKLORSProjectDescriptionFY 2018 Goal2017‐2018 PrioritiesKnown Priority RankStatus Theme PC Role / WorkProject Size decision pointsPC HoursP & Z Staff HoursNext StepsPotential & Confirmed ResourcesCurrent round of LDR amendments(1) End of trip bike/ped facilities, (2) Williston Rd & Market Street Planned ROW, (3) affordable housing tidy up in SEQ, (4) Street connections & cul‐de‐sacs, (5) redundant tables of uses for MU, PR, IA, and R7‐NC, (6) front porches in the R4, (7) authority & administration for PC, DRB, Advisory Committees, (8) Food Hubs and agricultural uses, (9) Barrett Street to San Remo connections, (10) technical correctionsAdoption Public Hearing Warned195% Current HearingLead216Public Hearing, Vote, submit to CouncilWilliston Road Network Study(1) Define short & medium term street profile for Williston Road (2) set ROW for long‐term street profile, (3) set/ revise location of planned supporting streets, (4) revise FBC & Official Map to match, (5) possibly revise how buildings and streets are related in the FBCAdoption Funded 2017‐2018270% City CenterHost public meetings, lead public committee, review recommended streets & locations, consider OM & FBC changesLevel of FBC amendments: add new "planned connectors" or redefine building presence on streets?4 to 6 40 to 60CCRPC Consultants, staff project teamForm Based Code district minor changes Current list includes addressing mullians, window sizes, T3 balconies, T3 residential stylesAdoptionCouncil & Commission priority260% City CenterLead, small policy questions, technical review3 20 to 40Staff meeting with architects & property ownersFBC phasing, conflicts, technical correctionsConflicts between standards, phasing of projects, accessory structures, banking of open space, off‐site landscapingAdoptionCouncil & Commission priority260% City CenterLead, small policy questions, technical review3 20 to 40City Center guidance & directionProvide guidance on design / planning priorities in City Center in support of the City CouncilPrioritize City Center guidance & developmentCouncil & Commission priority2City CenterProvide overall guidance in view of Comp Plan1 to 4 100 to 200City Center Official MapUpdate the City Center Official Map as details & Master Planning for large projects becomes more knownPrioritize City Center guidance & developmentCouncil & Commission priority2City Center1 to 2 20 to 40Housing Replacement standardsRequirement for housing that is removed to be replaced or compensated. Will likely include some revisions to the definition of affordability, and some small zoning boundary changes.AdoptionCouncil & Commission priority285%HousingReviewerConfirming that Affordable Housing Committee has undertaken the vetting2.5 20 to 40Receive recommendationAffordable Housing CommitteeTilley / Kimball / Community Drive Transportation & Land Use StudyIterative development of a transportation & land use plan for this part of the City: (1) presentation of current conditions and anticipated amount of development; (2) review and approve Purpose & Need; (3) discuss future transportation / land use scenarios to study; (4) review recommended approach & projects; (5) set table for future project to update zoning to reflect priorities and coordinate with transportation planReview existing conditions, approve purpose and need, provide feedback on scenarios and recommended next stepsPhase II funded 2017, Phase III funded 2018220%Transportation / Land Use1.5 to 6 60 to 100Transportation Overlay District UpdateReplace the existing traffic overlay district that sets a cap on rush‐hour vehicle trips along major roadways with new tools to encourage multi‐modal investment and changes in travel modes. Includes providing consultants & project team with broad direction for desired outcomesAdoption Funded 2017‐2018215%Transportation / Land UseLead, big picture policy, purpose & need, review alternatives, technical review; host public meetings4 to 8 40 to 60CCRPC Consultants, staff project teamTraffic Impact Fee UpdateReplace the existing ordinance with new tools to encourage multi‐modal investment and changes in travel modesRecommendation to CouncilFunded 2017‐2018215%Transportation / Land UseLead, big picture policy, purpose & need, review alternatives, technical review; host public meetings3 30 to 40CCRPC Consultants, staff project team, CouncilRiver Corridor StandardsWould update the City's stream buffer requirements to be consistent with river corridor planningFunded 2017‐201820%Natural Resources3 to 8 30 to 50CCRPC staff & staff project team (CCRPC, stormwater, P & Z, commissioner?); NRC role?Master Plan / Planned Unit Developments (& related)Would set new standards for most new large scale development, including revised Master Plan thresholds & procedures and Planned Unit Development Types. Includes (1) creating clear Master Plan process, thresholds, & benefits, (2) creating 4‐8 Planned Unit Development types with clear review criteria & standards for development, (3) clean‐up of related LDR language ‐ subdivisions, PUDs, Site Plan, building heights, etc., and (4) significant public outreachAdopt Master Plan & up to 4 PUD typesFunded 2017‐2018220%Big PictureLead, review consultant recommendations & set monthly direction, farm out to committees as needed, staff to meet with stakeholders(1) Determine which and how many PUD types to complete in FY 2018; (2) determine role of support committees14‐18 200 to 250City Consultants; support committees (housing, recreation & parks, NRC)I‐89 Bike / Ped CrossingScoping project for bike/ped bridgeFunded and underway 2017‐2018260% Capital Projects Optional InputProvide input? 1 15 to 30CCRPC Consultants, staff project team1DRAFT Planning Commission Work Plan FY 2017‐2018 First DraftApril 21, 20171BCDEFGHJKLORSProjectDescriptionFY 2018 Goal2017‐2018 PrioritiesKnown Priority RankStatus Theme PC Role / WorkProject Size decision pointsPC HoursP & Z Staff HoursNext StepsPotential & Confirmed Resources252627282930313233343536373839404142434445Scoping of 4 Bike / Ped ProjectsPrepare scoping studies of four city‐led projects identified by the Bike Ped CommitteePurpose & Need and preferred alternatives approvedFunded 2017‐201820% Capital ProjectsPurpose & Need and preferred alternatives approved1.5 10 to 16Shelburne Road basic form standards Establish basic standards for setbacks, heights, door location, window minimums along Shelburne Road and C1‐R12Adoption385%Area‐Wide PlanningLead, staff asked to meet with interested parties2 to 4 20 to 30Staff meeting with architects & property ownersTransferable Development Rights clarificationsClarifications to the TDR program as it operates in the SEQ Adoption360% StandardsLead, small policy questions, technical review2 8 to 16 Legal CounselDevelop annual work planPrepare annual work plan and review with committees, council at leadership meetingApprove work plan, check‐insAnnual370% Big Picture Prepare, revise, adopt, review2.5 20Review Purpose & Need Statements for various projectsAs City transportation & development projects move forward, consider, adjust, and approve the purpose & need statementsReview and approve P & N for planned projects3Capital ProjectsReview P & N for consistency with Comp Plan1 to 2 6 to 12Consultant ledScenic ViewsEstablish scenic view protection overlays, including a methodology, analysis of priorities, and standards for foreground, middle ground, and backgroundAdoption of XXX scenic viewsCommission priority45%Natural ResourcesLead, determine support structure & outreach, selected views, review policy outline, 4 to 8 40 to 100NRC?Garage door / front façade standards Would establish standards for relationship between garages and faces for single & two family homes City‐wide470% StandardsLead, staff asked to meet with interested parties2 12 to 18Staff meeting with architects & property ownersOrganizing for managing larger projects, including developing a policy for support committees providing draft policiesDevelopment of Commission policies and procedures for how to farm projects out to Committees of the City415% Big Picture2 20 to 40Chamberlin Neighborhood / Airport Plan amendmentDevelop an amendment to the Comprehensive Plan based on the Chamberlin report, neighborhood meetings, City Council, etc.510%Area‐Wide PlanningHow deeply does the Commission wish to go?8 to 14 80 to 240R4 District front setback standards Would evaluate and possibly lower front setback standards in the R4 district570% Standards1 10 to 15UVM ‐ Spear Street & Patchen Road Residential zoningWould consider possible amendments to the I/A zoning district in conjunction with UVM for possible faculty / staff housing in certain areas.520%Standards1.5 to 3 20 to 35Parking Standards outside City CenterWould re‐evaluate parking requirements Citywide. Could be a smaller project to do an overall reduction of requirements, or a larger project that looks at how to incentivize changes55% StandardsLead2 to 3 30 to 40Respond to LDR amendment requests from publicPer Planning Commission policy, accept requests for zoning amendments and determine whether and where they fall into the Commission's work plan5StandardsTime estimate here is only for initial evaluation, not taking project on1.5 to 2.5 15 to 20Linking City's efforts togetherCoordinate committee & staff work. This is underway with the Leadership committee & upgraded CIP/Budget process.5Underway Big Picture2 40 to 80Meet with DRB & CommitteesMeetings with Committees, DRB, City Council, at frequency of the Commission's choosing5Met last springBig Picture Host or attend meetingsWhat is the Commission's annual objective?2 to 6 4 to 12Comprehensive Plan progress check‐inWould be an annual check‐in of the Comprehensive Plan and development and review of indicators of success. Could also, as a larger project, include review of all strategies and assignment of responsibility / timelines5Big Picture1.5 to 2.5 20 to 30Update City‐Wide Official MapUpdate the official map from its current 2004 edition. Smaller project would be to align with Comprehensive Plan, medium project would incorporate bike‐ped committee recommendations, larger project would be to streets & public spaces citywide630%Transportation / Land UseStaff recommends that at a minimum, the basic update be completed.2 to 10 20 to 100Renewable Energy Siting ‐ CCRPC & Plan amendmentProvide feedback to the CCRPC on renewable energy siting; consider updating the Comp Plan620%Area‐Wide PlanningProvide input to the CCRPC or prepare a plan amendment?2 to 10 16 to 40Led by CCRPC, can get feedback from Energy & NRCRedefine Open Space citywideWould replace the lot coverage standards citywide with intentional open space, similarly to how the FBC has done this. Ties into the PUD project for larger parcels, and has some of the work completed from the 2014 open space report.615%Natural Resources6 to 8 80 to 120South Village Zoning Request for neighborhood commercialRequest for South Village Communities to establish a small retail / neighborhood commercial component. PC gave direction to South Village to work with the neighborhood and come back at a future time.650%Standards1 to 3 10 to 20Clean up of LDRs ‐ remove public works standards & put into a bookWould remove public works standards (street construction, turn radii, etc.) from the LDRs and create as a DPW policy book625% Standards1 30 to 402DRAFT Planning Commission Work Plan FY 2017‐2018 First DraftApril 21, 20171BCDEFGHJKLORSProjectDescriptionFY 2018 Goal2017‐2018 PrioritiesKnown Priority RankStatus Theme PC Role / WorkProject Size decision pointsPC HoursP & Z Staff HoursNext StepsPotential & Confirmed Resources4647484950515253545556575859606162Cottage Housing ‐ Affordable HousingWould explore how to allow and incentivize Cottage Housing types (such as Kirby Cottages). Project was initiated by a subcommittee in 2012 but went to back‐burner. Members of that group have offered to re‐initiate45% HousingStaff recommends this be asked of the Affordable Housing Committee2 to 4 20 to 40Affordable Housing?Family / Affordability Goals Plan amendmentExplore establishing clear goals & objectives for young families in South Burlington10% HousingStaff recommends this be asked of the Affordable Housing Committee2 to 5 16 to 50Revised accessory dwelling unit standards ‐Would re‐examine how the city regulates accessory dwelling units, within overall context of state statute10% HousingStaff recommends this be asked of the Affordable Housing Committee2 to 3 15 to 30Affordable Housing?Housing affordability (outside City Center)Broad topic ‐ how to increase development of housing that is affordable throughout the City0% HousingStaff recommends this be asked of the Affordable Housing Committee2 to 4 40 to 150Affordable Housing CommitteeAllowing homes to be divided into multiple unitsWould consider allowing larger homes to be divided into multiple units (relates to density and definition of a unit)0% HousingStaff recommends this be asked of the Affordable Housing Committee2 to 4 20 to 40Bike/Ped/Car Transportation between neighborhoods, parks, etcBroad topic ‐ how to improve connectivity between neighborhoods in all modes of transportation, looking towards the futureMapping of bike / ped easements & planned projects funded for 201830%Transportation / Land UseStaff recommends this project be recommended to Bike Ped for 2017‐18??CCRPC, Bike Ped CommitteeGap and future needs Analysis Parks, TransportationWould determine future park space needed throughout the city and how to access it for the coming decades. Some of this baseline work was done in the 2014 Open Space reportSeek funding source10%Transportation / Land UseStaff recommends the Commission seek a fundi8ng source, alongside Recreation & Parks??Recreation & Parks, Bike‐Ped?East‐West RoadsWould re‐examine planned east‐west connections in the City comprehensively0%Transportation / Land UseRecommend the Commission consider this as a future UPWP funding request??Review TDR programWould evaluate the TDR program, including possibly (1) making areas outside the SEQ eligible as receiving areas and/or (2) prioritizing sending areas15%Area‐Wide Planning4 to 840 to 100Citywide FBCWould develop a Form Based Code across the entire City5%Area‐Wide PlanningCommission has approached this topic from several angles ‐ PUDs, Shelburne Road zoning, etc. Staff recommends not to pursue as a single project30 to 40 500 to 1000Shelburne Road‐ Nodes of activityWould examine the Shelburne Road corridor to create intentional centers of activity and places in between that are less built‐up. Shelburne Road Form standards, underway, helps set the baseline for this.5%Area‐Wide Planning6 to 8 80 to 150Industrial Zoning & NeedsWould look comprehensively at how the City is planning for space for future industrial areas as areas that aren't near housing are limited in the City. Ties somewhat into the Tilley Drive project, but only somewhat0%Area‐Wide Planning6 to 8 70 to 100Waterfront developmentWould work with property owners to plan the conditions for a future mixed‐use waterfront area along the lake.0%Area‐Wide Planning6 to 8 70 to 100Wildlife / natural resources standardsWould establish more clear review criteria for conservation of wildlife, landscape, natural resource standards on individual parcels. Project was 50% completed in 201050%Natural Resources3 to 6 50 to 70Open Space AcquisitionContinually review opportunities for open space acquisition20%Natural ResourcesPossible feedback to Council prior to acquisition1 15 to 20Agricultural lands & soils planningWould set criteria for which portions of a parcel would need to be retained base on soil types, and would consider requirements for soil aeration post development.5%Natural Resources3 to 5 30 to 40Maximum Density Calculation and Undeveloped Land Would consider removing undevelopable land from maximum density on parcels. Would likely involve an examination of underlying density to assure right‐sizing in affected areas0%Natural Resources6 to 10 40 to 803DRAFT Planning Commission Work Plan FY 2017‐2018 First DraftApril 21, 20171BCDEFGHJKLORSProjectDescriptionFY 2018 Goal2017‐2018 PrioritiesKnown Priority RankStatus Theme PC Role / WorkProject Size decision pointsPC HoursP & Z Staff HoursNext StepsPotential & Confirmed Resources636465666768697071727374757677787980818283848586878889Clarify regulations regarding construction or reconstruction of homes in the SEQ‐NRP districtWould review the criteria by which homes & properties are reviewed and approved in the SEQ‐Natural Resource Protection district to assure consistency with the intent of the district0%Natural Resources2 to 4 20 to 30Fence heights in residential districts, SEQ, and CC FBCRevise fence standards City‐wide40% Standards Lead 2 10 to 20Agricultural Enterprise Use (if applicable)(1) Create a new use category for agricultural businesses at a large scale; (2) look at in context of TDRs & add Non‐residential uses to TDRs; (3) examine neighborhood impacts30% StandardsLead, policy considerations, analysis8 30 to 40Defining density & housing unitsWould consider changing the definition of density. Today, a housing unit is a housing unit, regardless of size or configuration. Could be examined as bulk, or other methods30% Standards 1.5 to 3 12 to 18Intensities and Densities in various districts, including density increases allowable through PUDsExamine appropriate intensities & densities in various districts. May be folded into 2 other projects: PUDs for larger properties, and examination of the definition of "unit" citywide15% Standards ? ?Southeast Quadrant ‐ Quantifying StandardsWould evaluate SEQ design standards to assure they are measurable0% StandardsLead2 to 6 30 to 40Historic preservation language  Would establish requirements related to alterations to historic structures0% Standards??Limit number of trailers on a property  Would place a limitation on the number of movable structures on a lot0% Standards1 to 2 12 to 18Consider no parking on front lawns‐Would require vehicles to park in designated parking areas on a parcel. Project would likely involve defining how much of a lot can be devoted to such uses.0% Standards1 to 2 12 to 18Examine tree requirements in IHO‐Would consider requiring more substantial vegetated buffers in the Interstate Overlay District, and also whether a project's landscaping budget can be used for this buffering0% Standards1 to 2 12 to 18Review "purpose" statements of each zoning district; possible consolidation of districtsWould do a clean‐up of each of the "purpose statements" to assure that the regulations are framing the reasons for the existence of each zoning district clearly, and assess where zoning districts may be outdated0% Standards2 to 3 20 to 40Clarify the number of single family homes permitted on a private right‐of‐way or road;Would re‐evaluate current restrictions limiting private roadways to the lesser of: (a) 3 lots, (b) 5 single family homes, and (c) 10 housing units total.0% Standards2 to 4 30 to 40Review Temporary use & structuresWould review the City's regulations regarding the number, frequency, and allowance for various kinds of temporary structures & uses0% Standards1 to 3 25 to 35Clarify standards for fencing of Stormwater facilitiesWould provide additional guidance as to whether stormwater areas should be fenced, or not fenced.0% Standards0.5 2 to 4Planning Commissioner itemsWould set aside time for Commissioners to bring new or different ideas to the Commission not specifically related to a project in the annual work planBig Picture1 to 4 20Short and Long Term ResilienceBroad review of the City's policies to assure that they are promoting long term resilience and sustainabilityBig Picture??Focus of Development in the city.Broad review of the City's policies to assure that they are promoting development in planned areas for growth & developmentBig PictureCould be folded into indicators??Public and private investments Review how to maximize the combination of these efforts. A piece of this will be addressed as part of the PUD project5%CapitalProvide input to Capital Improvement ProgramAnnual Capital Improvement Plan Review and provide feedbackAnnualCapital ProjectsOptional Input in various forms0 to 1 8Prepared annually by City Manager StaffPlacement of cell towersWould develop standards for cell tower placement. "Towers", generally , will be addressed as part of a clean‐up of heights in the PUD project.0% Standards4DRAFT Town of Shelburne, Vermont CHARTERED 1763 P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482 Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number (802) 985-5116 (802) 985-5110 (802) 985-5118 (802) 985-5115 (802) 985-9551 (802) 985-9550 INVITATION TO COMMENT ON ZONING AMENDMENTS TO: DISTRIBUTION LIST FR: SHELBURNE PLANNING COMMISSION VIA DEAN PIERCE, DIR OF PLANNING RE: ZONING BYLAW AMENDMENT DA: APRIL 28, 2017 On Thursday, May 25, 2017, the Shelburne Planning Commission will hold a public hearing on proposed amendments to Shelburne’s Zoning Bylaw. The proposed changes are detailed in the attached memorandum. The hearing will begin at 7:00 p.m., or shortly thereafter, and take place in the Shelburne Municipal Complex Meeting Room. Those who plan to speak at the hearing are encouraged to also submit a written version of their comments. It is not necessary to appear at the hearing to offer comments. Written comments should be submitted to Dean Pierce, AICP, Director of Planning and Zoning, 5420 Shelburne Road, PO Box 88, Shelburne, VT 05482. Electronic submissions are encouraged. Please direct email to dpierce@shelburnevt.org. MEMORANDUM TO: RECIPENTS FR: DEAN PIERCE, ON BEHALF OF PLANNING COMMISSION RE: HEARING ON PROPOSAL TO AMEND ZONING BYLAWS DA: APRIL 28, 2017 At its April 27 meeting, the Shelburne Planning Commission discussed an assortment of possible zoning bylaw amendments. At the conclusion of its discussion, the Planning Commission voted to warn a Public Hearing on the proposed changes and to conduct that hearing on Thursday, May 25, 2017. In addition, Staff was directed to distribute the proposed amendment and a “zoning change report” as required by statute. This memo and other materials were prepared in response to that directive. PROPOSED MODIFICATIONS The material warned for public hearing consists of three distinct pieces, which may be summarized as: a) a proposal to remove the size restriction on Day Care Centers located in the Mixed Use Zoning District, b) a proposal to define a use to be known as Local Market with Delicatessen, and allow that use a Conditional Use in the Shelburne Falls Zoning District, c)and a proposal to modify certain provisions relating to Integrated Agriculture. A list of the sections contained in the proposal is presented below. Article Section Article IX 920.12 Article X 1020.33 Article XIX 1910.5 D Article XXI 2110.84, with new definition inserted alphabetically The text of the language to be the subject of the hearing is presented in the documents attached. Language to be added to the bylaw is shown in color with underscore. Language to be deleted is shown in color with strikethrough (strikethrough). Highlights are an artifact and are not part of any proposal to change the bylaw. ZONING CHANGE REPORT A report prepared in accordance with 24 V.S.A. §4441(c) is also attached. This report describes how the proposal “Conforms with or furthers the goals and policies contained in the municipal plan…” and “Is compatible with the proposed future land uses and densities of the municipal plan.” CHILD CARE IN MIXED USE DISTRICT SHELBURNE ZONING BYLAW ARTICLE X (MIX) [Effective Date], 2017 1020.33 Day Care Centers with a maximum of 75 children. 1020.34 Municipal Waste Water Treatment Plants. 1020.35 Fire/Rescue Stations. 1020.36 Outdoor Recreation facilities involving the use of minor structures. 1020.37 Campgrounds, existing on March 17, 2009. 1020.38 Cemeteries. 1020.39 Upholstery / Fabric Working. 1020.40 Wholesale Sales (enclosed). 1020.41 Enclosed light manufacturing. 1020.42 Warehouses where all storage is enclosed. 1020.43 Adult Entertainment 1020.44 Any use substantially, materially, and outwardly similar to those set forth above in Sections 1010 and 1020, provided that the Development Review Board finds that, in addition to other specific and general standards set forth in these regulations, the proposed use meets the following specific standards: A. Such use is of the same functional and physical character as those permitted or allowed as conditional uses in the district. To establish whether such use has the “same functional and physical character” as a permitted or conditional use in the district, an applicant must demonstrate to the DRB that the contemplated use shares the following features with a use specified in Section 1010.1-1010.15. or 1020.1-1020.40 above: 1. Inherent character of primary activity or activities, 2. Typical predominant sound levels and qualities, 3. Typical exterior activity levels, 4. Typical exterior lighting requirements, 5. Typical predominant odor, if any, 6. Typical vehicular traffic, 7. Seasonal and diurnal patterns of sound, lighting, smells, and exterior activity levels. Page X- 4 MARKET WITH DELICATESSEN IN SHELBURNE FALLS DISTRICT SHELBURNE ZONING BYLAW Article IX (SF-MIX) [effective date], 2017 920.4 Elder Housing, in PRD’s only, with a maximum of 10 dwelling units in a single development. 920.5 Elder Care facilities where rooms other than complete dwelling units are provided, in PRD’s only, with a maximum of 12 bedrooms in a single development. 920.6 Bed and breakfast with no more than 3 rooms to rent. 920.7 Business or Professional Offices. 920.8 Artist’s studios. 920.9 Outdoor recreation involving the use of minor structures. 920.10 Cemeteries 920.11 Multiple uses when one or more of the uses is a conditional use. 920.11920.12 Local Market with Delicatessen 930 Dimensional Requirements. 930.1 Minimum Lot size. A. Lot area minimum – Single-family dwellings 12,500 square feet Two-family dwellings 20,000 square feet Multi-Family dwellings 10,000 square feet per dwelling unit Elder Housing/Housing for the elderly 4,375 square feet per dwelling unit Elder Care facilities 2,500 square feet per resident bedroom Day care homes 12,500 square feet Other permitted and conditional uses 20,000 square feet B. Lot frontage minimum- Single-family dwellings 75 feet Two-family dwellings 100 feet Other permitted and conditional uses 150 feet C. Multiple uses involving non-residential use(s) plus 2 or more residential units - The area required for other Page IX- 2 SHELBURNE ZONING BYLAW ARTICLE XXI (DEFINITIONS) [Effective date], 2017 ARTICLE XXI: DEFINITIONS 2100 General. Definitions contained in the Vermont Planning and Development Act shall be applicable throughout these regulations unless otherwise specifically defined in this Section. 2110 Specific Definitions. … 2110.XX Local Market with Delicatessen – Retail use containing less than two thousand (2,000) square feet in floor area where a variety of produce, canned and packaged food items, small household goods, and similar items are sold for use and consumption off premises and containing a delicatessen section occupying less than one half of the total area in which prepared foods such as cooked meats, salads, relishes, preserves, beverages, etc., are sold in a ready-to consume state to customers for consumption outside the building. Page XXI- 1 INTEGRATED AGRICULTURE SHELBURNE ZONING BYLAW CHAPTER XIX (GENERAL REGULATIONS) [effective date], 2017 1910.5 Integrated Agriculture as a Conditional Use. A. Purpose. The purpose of this section is to specify provisions for the accommodation of agriculture-related activities that are not exempt from zoning regulation because they are not recognized as exempt according to 24 VSA § 4413 (d). B. Review of Integrated Agriculture. In the Rural district, any proposal to conduct Integrated Agriculture shall be reviewed as a conditional use. Integrated Agriculture is not a conditional or permitted use in any other zoning district within the Town of Shelburne. C. Secondary Integrated Agricultural Activities. Provided that the Development Review Board finds that the proposed Primary Integrated Agricultural Activities, as defined in Article XXI of these Regulations, meet the applicable general and specific conditional use standards set forth in the Zoning Bylaws, and, subject to conditions deemed necessary by the Development Review Board in order to assure that the proposed activities will not be detrimental to the other uses within the district or to adjoining uses, Integrated Agriculture may include the following (“Secondary Integrated Agricultural Activities”): 1. sales of non-farm products related to those grown on the farm; and/or 2. hosting of educational and cultural events incidental to farming or the farm’s activities. D. Revenue Criteria. To insure that any allowed Secondary Integrated Agricultural Activities shall be incidental and subordinate to Primary Integrated Agricultural Activities, Aat least two-thirds66 percent of the gross revenue attributable to Integrated Agricultural activities shall be derived from Primary Integrated Agricultural Activities; and no more than one-third34 percent of such gross revenue may be derived from Secondary Integrated Agricultural Activities. These respective gross revenue requirements shall be calculated on a calendar year basis and, further, shall be met in at least 3 out of the preceding 5 years, so long as the amount of gross revenue derived from Secondary Integrated Agricultural Activities does not exceed 50 percent of the total gross revenue in any one year. Any conditional use approval of a Secondary Integrated Agricultural Activity or set of activities shall be conditioned upon the permittee’s continuing obligation to provide the Town’s Zoning Administrator, upon request, with a certification of the relative percentages of such gross revenues over the prior fiscal year., and such other information as may be reasonably requested by the Zoning Administrator in order to determine revenue percentages and compliance with the Cconditions imposed by the Development Review Board in its conditional use approval may also include other measures Page XIX- 1 SHELBURNE ZONING BYLAW CHAPTER XIX (GENERAL REGULATIONS) [effective date], 2017 of the relative level of Primary and Secondary Activities, including but not limited to: vehicle trip ends, event attendance, wastewater treatment demand, and water demand. Page XIX- 2 SHELBURNE ZONING BYLAW ARTICLE XXI (DEFINITIONS) [Effective date], 2017 ARTICLE XXI: DEFINITIONS 2100 General. Definitions contained in the Vermont Planning and Development Act shall be applicable throughout these regulations unless otherwise specifically defined in this Section. 2110 Specific Definitions. […] 2110.84 Land Development - Consistent with 24 V.S.A., 4303(10), land development shall mean the division of a parcel into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation, or landfill, and any change in the use of any building or other structure, or land, or extension of use of land. Land development shall include the construction or establishment of any exterior lighting installation totaling more than 100 watts, except as may be authorized by any specific lighting regulations adopted by the Town. Land development shall include the commencement of Primary Integrated Agricultural Activities and also include the commencement of Secondary Integrated Agricultural Activities. Page XXI- 1 Planning Commission Reporting Form for Municipal Bylaw Amendments (Form Based Zoning) Approved by Planning Commission on April 27, 2017 This report is in accordance with 24 V.S.A. §4441(c) which states: “When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The report shall provide (:) (A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title, (A)nd 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.” Brief explanation of the proposed bylaw amendment. The Planning Commission proposal would modify several aspects of the bylaw. Such changes may be summarized as follows: a) Removal of size restriction on Day Care Centers located in the Mixed Use Zoning District; b) Definition of a new use to be known as Local Market with Delicatessen, and Allowance of Local Market with Delicatessen as Conditional Use in the Shelburne Falls Zoning District; and c) Modification of provisions relating to Integrated Agriculture, including clarifying the definition of Land Development, and clarifying the relationship between “Primary Integrated Agricultural Activities” and “Secondary Integrated Agricultural Activities.” Purpose The Planning Commission has developed the changes in response to requests and/or inquiries made by Shelburne property owners. The Commission believes the proposed changes address the issues expressed by the property owners while also reflecting the policy input and prerogatives of the Commission. The proposal also responds to and contributes to the advancement of a wide range of Comprehensive Plan policies. Findings regarding how the proposal conforms with or furthers the goals and policies contained in the municipal plan Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and intensities of development contained in the Plan; and carry out any specific proposals for community facilities, or other proposed actions contained in the Plan. The Planning Commission finds that the proposal conforms with or furthers the goals and policies contained in the municipal plan. Such policies include but are not necessarily limited to the following: Planning Commission Reporting Form for Page 2 Zoning Amendment Proposal, April 2017 GOAL: TO ENCOURAGE THE CONTINUED GROWTH AND DIVERSIFICATION OF SHELBURNE’S ECONOMY IN A MANNER THAT ENHANCES THE GENERAL WELL-BEING OF THE COMMUNITY, AND WHICH DOES NOT DETRACT FROM THE OVERALL CHARACTER OF THE COMMUNITY. OBJECTIVES: 1. Ensure that commercial and appropriate industrial development, and associated employment opportunities, take place in accordance with the Land Use section of this Plan. 4. Actively encourage forms of economic development that complement and are compatible with existing institutions and businesses. GOAL: TO ENSURE THE AVAILABILITY OF SAFE AND AFFORDABLE CHILD CARE AND TO INTEGRATE CHILD CARE ISSUES INTO THE PLANNING PROCESS; SPECIFIC TOPICS THE TOWN MIGHT FACILITATE DISCUSSION OF , INCLUDE CHILD CARE FINANCING, INFRASTRUCTURE, BUSINESS ASSISTANCE FOR CHILD CARE PROVIDERS, AND CHILD CARE WORK FORCE DEVELOPMENT. OBJECTIVES: 1. To recognize the importance of adequate and affordable child care services to Shelburne residents and those who work in Shelburne. 2. To enable the provision of childcare services in a variety of settings from small home day-care facilities to larger day-care centers. 3. Where appropriate, to facilitate the creation, expansion, or continuation of child care services in Shelburne. RECOMMENDED ACTIONS: 1. Review the Zoning Ordinance to minimize other regulatory obstacles to the provision of child care services. GOAL: TO PRESERVE AND MAINTAIN THE AGRICULTURAL, ECONOMIC, ENVIRONMENTAL, RECREATIONAL, AND AESTHETIC BENEFITS PROVIDED BY SHELBURNE’S RURAL LANDS WHILE AT THE SAME TIME BALANCING THE TOWN’S NEED FOR GROWTH AND SUCCESSFUL INTEGRATION OF THE TOWN INTO THE LARGER REGIONAL COMMUNITY. OBJECTIVES: 4. Where development does occur in the Rural Area, encourage a clustered pattern that preserves the rural character, conserves open land for uses such as agriculture and passive recreation, and is sensitive to the land form and other natural features. 5. Strongly encourage land uses in the Rural Area that are resource based (such as forestry, agriculture, and horticulture) and that are comprised of small scale economic units that conserve the rural landscape. Uses shall be compatible with the scale and nature of the Rural Area. Planning Commission Reporting Form for Page 3 Zoning Amendment Proposal, April 2017 GOAL: TO IDENTIFY, MANAGE, AND CONSERVE SHELBURNE’S NATURAL AND SCENIC RESOURCES SO THAT THEY MAY BE APPROPRIATELY USED AND ENJOYED NOW AND IN THE FUTURE. ACTIONS SPECIFICALLY RELATED TO AGRICULTURAL RESOURCES 4. Support markets for local agricultural products through support for farm stands, a local farmers market, and the use and sale of farm products by local shops and restaurants. 6. Support and encourage small scale diversified farming enterprises. Planning Commissioners find that the proposal would positively address and advance the foregoing language as well as related Comprehensive Plan language. They believe that the proposal would: • By removing the size cap on Day Care Centers in the Mixed Use zoning district, increase opportunities for safe and affordable child care, reduce regulatory barriers, assist local families, and support the economy by facilitating a diverse workforce; and • By clarifying regulations governing Integrated Agriculture and by allowing appropriately-scaled retail activities (in the form of neighborhood markets) in the Shelburne Falls zoning district, support the growth and diversification of the Town's economy in a way that enhances the general well-being of Shelburne. Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan goals and objectives. Findings regarding how the proposal is compatible with the proposed future land uses and densities of the municipal plan The default development densities authorized by the zoning bylaws are not affected by the proposal. Thus, in conclusion, the Planning Commission finds that the zoning amendment proposal that is the subject of this report would be entirely compatible with the Comprehensive Plan. Findings regarding how the proposal carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment does not directly carry out specific proposals for any planned community facilities. In addition, the proposed amendment does not conflict with any specific proposals for planned community facilities. NOTICE SHELBURNE PLANNING COMMISSION Pursuant to 24 V.S.A., Section 4444, Shelburne’s Planning Commission will hold a public hearing on May 25, 2017, at 7:00 p.m. in Town Center Meeting Room 1 to consider amendments to the Zoning Bylaw. Purpose: Add/modify/delete language relating to Day Care Centers, Local Markets, and Integrated Agriculture. Geographic Area affected: Areas affected are Town of Shelburne Mixed Use Zoning District, Shelburne Falls District, and Rural District. List of sections affected: Article Section Article IX 920.12 Article X 1020.33 Article XIX 1910.5 D Article XXI 2110.84; new definition inserted alphabetically Place where full text may be examined: The full text will be available for review in the Shelburne Planning and Zoning Office during regular business hours, on the Town’s web site, and via email (contact the Planning and Zoning office). Publication date: May 2, 2017