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HomeMy WebLinkAboutMinutes - Planning Commission - 10/24/2017 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 24 OCTOBER 2017 The South Burlington Planning Commission held a regular meeting on Tuesday, 24 October 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, A. Klugo, T. Riehle, D. MacDonald, M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; B. MiLizia, T. Barritt; B. Miller, F. Kochman, J. Kochman 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Louisos – Advised that the Commission has a new member, Michael Mittag. Mr. Riehle – Noted that the City of Burlington is doing protected bike lanes. He also asked about a possible discussion on the “developers’ notes” handout from the Planned Unit Development project. Mr. Conner said that discussion can happen at the next meeting or at a choosing of the Commission’s. Ms. Ostby – The Affordable Housing Committee is discussing identifying “target areas” for affordable housing. Mr. Conner – Noted that VTrans is a big funder of the Williston Rd. bike lane that is being completed. There was a grand opening last week. On 1 November, there will be a press conference regarding the ground-breaking for the new Cathedral Square Housing on Market St. 2 November will be the grand opening of the landfill solar field. It is already in use. Meetings are underway with the Regional Planning Commission regarding for the next 4 bike/ped projects. The city has been awarded an $800,000 grant from the State for Phase I of the Williston Rd. streetcape and bike/ped project (Dorset Street to Midas Drive). This will be TIF eligible. 5. Presentation of Possible Amendment to Land Development Regulations regarding footprint lots: Mr. Kochman gave members a copy of an amendment he is proposing to the LDRs. He said the ordinance is so clear that he can’t accept findings that say “a subdivision is not a subdivision” even though “subdivision” is defined in the LDRs (he read that definition). He stressed that he wanted to solve the practical problem which began when banks got uncomfortable with PUDs and buyers in attached homes were make owners of the land under their homes. This accommodation was made without change to the regulations. Mr. Kochman noted the regulations say you cannot reduce a setback to less than 5 feet, which, he said, means you can’t do what has been being done. He felt it is fine if the developer intends to sell the house and the land underneath it, but the LDR language has to authorize this lawfully. The problem is you don’t want single family houses with only 3 inches between them. Mr. Klugo asked what the attorneys say. Mr. Kochman said the city’s attorneys disagree with him and cite a case from 1995 which they feel means the city can have footprint lots. Mr. Kochman disagreed with their interpretation. Ms. Ostby asked how the proposed language change would affect developers. Mr. Kochman said “not at all.” Adopting the language says that this is necessary to achieve the result. Mr. Klugo asked what is the issue with single family housing. Mr. Kochman said there is no rule governing single family housing within PUDs. The LDRs define a lot, but for purposes of the PUD regulations, we say it is not a lot. Mr. Klugo noted the residential units at the end of Market Street are rentals. He asked if they could be “condo‐ized” in the future. Mr. Kochman said change from rental to ownership is exempt from regulations. Mr. Miller reported that Mr. Belair has said this process was adopted many years ago, and other communities have adopted it based on South Burlington’s use of it. Mr. Conner said the issue in question applies only when the developer wants the “ownership feature.” The legal opinion is that these are not “lots”; they are only “owned.” It is the “ownership structure” which is a form of ownership, not a lot. Mr. Klugo noted the regulations do not define a “footprint lot,” and he didn’t feel the Commission could do anything without such a definition. He also had an issue with possibly going against the City Attorney’s opinion which differs from Mr. Kochman’s. Mr. Conner said he would speak with the legal counsel about distributing their opinion to Commission members. Ms. LaRose reminded members that they are “knee‐deep” in a PUD project. She urged them not to change any language or write any text until they have seen newly proposed language. Mr. Gagnon said he would like to hear the consultant’s opinion. Ms. LaRose said they are identifying areas where PUDs are tied to other things, and PUDs could look very different in the future. Mr. Kochman said this issue bears on projects before the Board at almost every meeting. A PUD rewrite could take many months. He stressed that his proposed change would not affect units of housing that have already been approved. The appeal route is the only way to challenge an approval. Ms. Louisos suggested trying to have a joint meeting with the DRB in the near future. Mr. Klugo suggested the possibility of a Commission executive session on this issue. Members agreed to consider this request in light of the Commission’s work schedule. 6. Initial discussion of proposed amendments to the City Center Form Based Code: Mr. Conner noted that things have been “cropping up” that do not require massive fundamental changes. He then reviewed some of the issues as follows: a. The regulations say all buildings must be up against the street. A shed is a building, but the intention is not to have a shad up against the street. The proposed amendment would allow an accessory building to be built behind a principal building. b. Regarding buffer strips, there were two options between a T-4 and an existing single-family development, either a planted buffer at least 20 feet wide or a combination of an “alley” and a planted buffer (dense evergreens) of at least 8 in width. The amendment would add a “parking area” to include opaque screening from any vehicle or similar source. Members were OK with the overall intent. Staff will clean up the language. c. Regarding open space, there have been instances when a landowner has had an interest in “banking” open space. The regulations require that the open space would have to have been created before the building goes in. Qualifying open space must be within the Form Based Code district, but doesn’t have to be connected to the development. Offsite open space for non-residential development must be within 150 feet of the site with direct access. Members voiced no concerns with this amendment. d. Where open space is approved to be off-site, there have requests to allow a portion of landscaping budget may to be off-site. There are both pros and cons to this proposal. The “pro” is that the landscaping budget may be hard to fit on the site as greenery, and this insures it will be used nearby. The “con’” is that a large portion of the landscaping budget could be used off‐site. Mr. Klugo felt the landscaping budget shouldn’t be used off‐site; off-site plantings could be in addition to the required budget. Ms. Milizia noted that the City Arborist has said that sometimes a developer has to put in too much landscaping that becomes too crowded and results in plants dying. Mr. Klugo noted the budget doesn’t only have to be used for plantings; benches and other amenities can be counted. Mr. Conner noted that the new Cathedral Square development is putting more than half of its landscaping budget to a sculpture. There is a minimum that has to be plantings. Staff will come back with options. e. There are narrow, deep lots in the T-3 district, and the regulations say all units must face the street. There are 2 options to address this: for pre- existing lots, there can be one front-facing multi-family building (up to 6 units). Mr. Conner showed a rendering of this; the second option is a 2-unit carriage house with one unit the back. Mr. Conner showed a rendering of this option. Mr. Klugo said the second option is very popular in “Harvard Row.” Mr. Conner said the rear unit would be limited to 2-1/2 stories while the front unit could be 3 stories. Mr. Klugo felt the rear unit should be subordinate to protect the feeling along the street. Members agreed that the front building should never be smaller than the rear one. Staff will come back with refined concepts. f. In the T‐4 and T‐5 districts, the regulations state that an accessory structure shall not exceed 500 sq. ft. and won’t be in front of the primary structure, a minimum of 5 feet from the property line. The amendment would eliminate a bike rack or benches from this standard. Mr. Klugo was troubled by the broad definition of “accessory structure.” He wouldn’t want a “pod” to be there for 6 months. He suggested allowing a structure that “sits on a foundation and is anchored” but not something that can be picked up and moved. Mr. Conner agreed to have staff reconsider “pods.” g. Window and glazing insets. Mr. Klugo said he opposes allowing deviations from the Form Based Code before it has been applied. He felt that in the end, the city wouldn’t get what it is trying to get. He said that if a developer is falling back on material issues, they’re looking for an easy way out. Ms. Ostby said that “creativity” is OK as long as the intention is met. Mr. Klugo noted that Form Based Code is meant to be “freeing,” but it is actually proscriptive. He added that the Administrative Officer is in the position of determining what is and is not “creative.” He did not want to unravel Form Based Code when there hasn’t been a building built yet. Mr. Gagnon agreed. Mr. Conner said that if the Commission wished, he could relay to the architect interested in the change present their perspective. Commissioners agreed. 7. Continued Review of Draft Urban Design Overlay District – Shelburne Road and Williston Road: Ms. LaRose noted some new text indicating that in the case of a proposed expansion to an existing building, only the portion of the building being added or rehabilitated would be subject to compliance with the standards. Alterations would have to comply with entry and glazing standards. Regarding a “principal entry,” it must be “dominant” and “recognizable” and can have features such as awnings, porticos, etc. Mr. Conner added that it must give the feel of being a principal entry, even if it isn’t the principal entry (he cited Trader Joe’s Dorset St. entry). Ms. Ostby asked about the issue of requiring more than one entry and dealing with security for retail establishments. Mr. Conner acknowledged this can be a sticking point for retailers. Mr. Klugo was concerned with limiting creativity and suggested replacing “dominant” with “focal point.” Ms. Ostby said it seems like they’re trying to create a New York or Boston, and this is not. She felt they are trying to force a design to address a traffic situation that isn’t going to be the case for a long time. She felt they need to consider what they are envisioning here. Ms. LaRose cited the feeling of “alienation” when you walk by a building without a door. Ms. LaRose then noted the glazing requirements for corner buildings in primary and secondary “nodes.” There must be 60% glazing across the fronts of buildings in a primary node and 40% in a secondary node. There must also be a significant architectural feature at the corner of a building. Ms. LaRose showed an overhead photo of the area with an urban Design Overlay option. Mr. Conner said door and glass standards are the ones that would mostly be applicable here. Buildings would face the street. A building behind a building would not need to comply. Mr. Conner indicated an area where all buildings would have to be “corner” buildings. Regarding setbacks, members expressed concern with creating a pedestrian environment including potential seating. They wanted to be sure the setbacks included those potentials. Ms. LaRose said they have struggled to tie building heights to the corridor. The suggestion is that building heights would comply with those of the underlying zoning district. Ms. LaRose noted that the Farrell projects needed a heigh5t waiver for every building. Staff does want to explore heights in C-1/R-12 and C-1 Auto districts. In order to get more density, height waivers are needed; minimizing the height waivers can also minimize creative design. Mr. Conner stressed that they would maintain protection for adjacent residential areas. Members were OK with having a height discussion. 8. Proposed Adjustment to Bike Parking Standards: Mr. Conner said they have gotten lots of feedback on the new bike standards. He noted that some bike racks that don’t meet the standard are very functional and could be allowed to remain as long as they are properly anchored to the ground. Others, which are identified in the regulations, would have to be replaced. Members voiced no objections to this. 9. Meeting Minutes of 12 and 29 September and 10 October 2017: Ms. Ostby noted that in the Minutes of 12 September, page 1, the sentence should read, “Ms. Dooley offered….” Ms. Louisos then moved to approve the Minutes of 12 and 29 September and 10 October 2017 as written or amended. Mr. Gagnon seconded. Motion passed unanimously. 10. Other Business No other business was presented. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:34 p.m. ___________________________________ Clerk 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 Staff Memo DATE: October 24, 2017 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) I’m happy to report that the City Council has appointed the Commission’s seventh member! Michael Mittag will join the PC for its next regular meeting. 5. Presentation of possible amendment to Land Development Regulations regarding footprint lots, Bill Miller & Frank Kochman, DRB (7:15 pm) See the attached letter from Frank Kochman. It is unchanged from the prior Commission’s packet. 6. Initial discussion of proposed amendments to the City Center Form Based Code (7:45 pm) See the enclosed proposed amendments to the LDRs; these are unchanged from the prior Commission’s packet. 7. Continue review of draft Urban Design Overlay District – Shelburne Road and Williston Road (8:10 pm) See attached documents from Cathyann LaRose 8. Proposed adjustment to bike parking standards (8:45 pm) See attached memo 9. Meeting Minutes (8:55 pm) Meeting minutes from the past 4 meetings – September 12, September 29, October 10th 10. Other Business (8:58 pm) a. Upcoming meetings & schedules 11. Adjourn (9:10 pm) Planning Commission Work Plan FY 2017-2018 First Draft April 21, 2017 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 J K L P Q R T U W Z Project Description FY 2018 Goal Percent Complete Status as of 10/20/17 Theme PC Role / Work Next Actions FY 18 PC Hours P & Z Staff Hours Housing Replacement standards Requirement 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. Adoption 85%in legal review Housing Reviewer Legal Review; PC public hearing 2.5 20 to 40 Shelburne Road basic form standards Establish basic standards for parking, setbacks, heights, door location, window minimums along Shelburne Road and C1-R12;Adoption 85%staff preparing complete draft Area-Wide Planning Lead, staff asked to meet with interested parties Complete Heights & Form 2 to 4 20 to 30 Williston 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 FBC Adoption 80% detailed review of proposed streets underway City Center Host public meetings, lead public committee, review recommended streets & locations, consider OM & FBC changes Review Proposed Official Map Streets 2 to 3 40 to 60 Develop annual work plan Prepare annual work plan and review with committees, council at leadership meeting Approve work plan, check-ins 100%*complete; quarterly reviews Big Picture Prepare, revise, adopt, review Monitor 1 3 Form Based Code district minor changes Current list includes addressing mullians, window sizes, T3 balconies, T3 residential styles Adoption 75%draft to PC City Center Lead, small policy questions, technical review Review drafts 2 to 3 20 to 40 FBC phasing, conflicts, technical corrections Conflicts between standards, phasing of projects, accessory structures, banking of open space, off-site landscaping Adoption 65%draft to PC City Center Lead, small policy questions, technical review Review drafts 2 to 3 20 to 40 Organizing for managing larger projects, including developing a policy for support committees providing draft policies Development of Commission policies and procedures for how to farm projects out to Committees of the City Jessica: Adoption 35%Big Picture Consider draft 2 20 to 40 Tilley / Kimball / Community Drive Transportation & Land Use Study Iterative 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 plan Review existing conditions, approve purpose and need, provide feedback on scenarios and recommended next steps 50% Project team reviewing PC feedback; developing review plan with PC and landowners Transportatio n / Land Use Review next draft 1.5 to 6 60 to 100 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 outreach Adopt Master Plan & up to 4 PUD types 60%See Staff memo to PC on 10/10/17 Big Picture Lead, review consultant recommendations & set monthly direction, farm out to committees as needed, staff to meet with stakeholders Consider underlying amendments 14-18 200 to 250 Fixes to zoning and LDRs per PUD project Development of PUD regulations has highlighted areas for adjustments to underlying zoning as well as technical and policy adjustments to the LDRs in support of PUD provisions Most fixes; excepting those listed as next steps in staff memo 25%See Staff memo to PC on 10/10/17 Land Use Review and guide policy: land use Review legal technical corrections to LDRs 4 40 Transportation Overlay District Update Replace 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 outcomes Adoption 40%Concept reviewed by PC; consultant prepping Transportatio n / Land Use Lead, big picture policy, purpose & need, review alternatives, technical review; host public meetings Review drafts 2 to 3 40 to 60 Traffic Impact Fee Update Replace the existing ordinance with new tools to encourage multi- modal investment and changes in travel modes Recommendation to Council 15%consultant performing background work Transportatio n / Land Use Lead, big picture policy, purpose & need, review alternatives, technical review; host public meetings Initial presentation 2 30 to 40 Meet with DRB Annual meetings with DRB Jessica: Annual 0%Schedule next update for Big Picture Host or attend meetings schedule joint meeting 1 to 2 4 to 12 1 Planning Commission Work Plan FY 2017-2018 First Draft April 21, 2017 1 2 J K L P Q R T U W Z Project Description FY 2018 Goal Percent Complete Status as of 10/20/17 Theme PC Role / Work Next Actions FY 18 PC Hours P & Z Staff Hours 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 River Corridor Standards Would update the City's stream buffer requirements to be consistent with river corridor planning Jessica: steps toward adoption 30% Project team met. Standards to be sent to river corridors person at State Natural Resources Presentation of findings 1 to 3 30 to 50 Scoping of 4 Bike / Ped Projects Prepare scoping studies of four city-led projects identified by the Bike Ped Committee Purpose & Need and preferred alternatives approved 10%Project team kickoff October 2017 Capital Projects Purpose & Need and preferred alternatives approved Initiate project 1 10 to 16 City Center guidance & direction Provide guidance on design / planning priorities in City Center in support of the City Council Prioritize City Center guidance & development City Center Provide overall guidance in view of Comp Plan 1 to 4 100 to 200 Cottage Housing - Affordable Housing Would 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-initiate Jessica: begin work, delegate to Affordable Housing 45%Housing 2 to 4 20 to 40 Scenic Views Establish scenic view protection overlays, including a methodology, analysis of priorities, and standards for foreground, middle ground, and background Jessica: Adoption of 3 scenic views, steps toward additional proections 5%Natural Resources Lead, determine support structure & outreach, selected views, review policy outline, review and finalize language 3 to 7 40 to 100 Linking City's efforts together Coordinate committee & staff work. This is underway with the Leadership committee & upgraded CIP/Budget process.Underway Big Picture 2 40 to 80 R4 District front setback standards Would evaluate and possibly lower front setback standards in the R4 district 70%Standards 1 10 to 15 Chamberlin Neighborhood / Airport Plan amendment Develop an amendment to the Comprehensive Plan based on the Chamberlin report, neighborhood meetings, City Council, etc.35%Area-Wide Planning 8 to 14 80 to 240 Renewable Energy Siting - CCRPC & Plan amendment Provide feedback to the CCRPC on renewable energy siting; consider updating the Comp Plan 20%Area-Wide Planning 2 to 10 16 to 40 Redefine Open Space citywide Would 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. Jessica: begin work, delegate to NRC?15%Natural Resources 6 to 8 80 to 120 Wildlife / natural resources standards Would establish more clear review criteria for conservation of wildlife, landscape, natural resource standards on individual parcels. Project was 50% completed in 2010 Jessica: continue work with support from NRC 50%Natural Resources 3 to 6 50 to 70 Bike/Ped/Car Transportation between neighborhoods, parks, etc Broad topic - how to improve connectivity between neighborhoods in all modes of transportation, looking towards the future Jessica: Begin work, delegate to bike and ped? 30%Transportatio n / Land Use ?? Open Space Acquisition Continually review opportunities for open space acquisition Jessica: discuss, make plan 20%Natural Resources Possible feedback to Council prior to acquisition 1 15 to 20 Waterfront development Would work with property owners to plan the conditions for a future mixed-use waterfront area along the lake.Jessica: begin work 0%Area-Wide Planning 6 to 8 70 to 100 Transferable Development Rights clarifications Clarifications to the TDR program as it operates in the SEQ Adoption 60%Standards Lead, small policy questions, technical review 2 8 to 16 Garage door / front façade standards Would establish standards for relationship between garages and faces for single & two family homes City-wide 70%Standards Lead, staff asked to meet with interested parties 2 12 to 18 2 Planning Commission Work Plan FY 2017-2018 First Draft April 21, 2017 1 2 J K L P Q R T U W Z Project Description FY 2018 Goal Percent Complete Status as of 10/20/17 Theme PC Role / Work Next Actions FY 18 PC Hours P & Z Staff Hours 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Comprehensive Plan progress check-in Would 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 / timelines Jessica: annual Big Picture 1.5 to 2.5 20 to 30 South Village Zoning Request for neighborhood commercial Request 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. 60%Expected late fall 2017 Standards 1 to 3 10 to 20 Update City-Wide Official Map Update 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 citywide 30%Transportatio n / Land Use 2 to 10 20 to 100 Agricultural 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 impacts 30%Standards Lead, policy considerations, analysis 8 30 to 40 Review TDR program Would evaluate the TDR program, including possibly (1) making areas outside the SEQ eligible as receiving areas and/or (2) prioritizing sending areas 15%Area-Wide Planning 4 to 8 40 to 100 Family / Affordability Goals Plan amendment Explore establishing clear goals & objectives for young families in South Burlington 10%Housing 2 to 5 16 to 50 Gap and future needs Analysis Parks, Transportation Would 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 report Seek funding source 10%Transportatio n / Land Use ?? Agricultural lands & soils planning Would 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. Jessica: discuss, make plan 5%Natural Resources 3 to 5 30 to 40 Small Single Family Homes (JL) Jessica: begin discussion, make plan 2 to 4 20 to 40 Park and Rides incentives in LDRs Would create incentives for Park & Ride facilities into the LDRs 1 5 Parking Standards outside City Center Would 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 changes. Could include Park & Rides Jessica: seek funding source, if needed 15% Initial discussion with PC complete; Staff has begun to discuss w/ development community at PC Request Standards Lead 2 to 3 30 to 40 Respond to LDR amendment requests from public Per Planning Commission policy, accept requests for zoning amendments and determine whether and where they fall into the Commission's work plan Jessica: ongoing Radio/tv in public hearing; medical outside TOD PC elected not to advance Standards Time estimate here is only for initial evaluation, not taking project on 1.5 to 2.5 15 to 20 Clean up of LDRs - remove public works standards & put into a book Would remove public works standards (street construction, turn radii, etc.) from the LDRs and create as a DPW policy book 25%Standards 1 30 to 40 Fence heights in residential districts, SEQ, and CC FBC Revise fence standards City-wide 40%Standards Lead 2 10 to 20 Defining density & housing units Would 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 methods 30%Standards 1.5 to 3 12 to 18 Intensities and Densities in various districts, including density increases allowable through PUDs Examine appropriate intensities & densities in various districts. May be folded into 2 other projects: PUDs for larger properties, and examination of the definition of "unit" citywide 15%Standards ?? 3 Planning Commission Work Plan FY 2017-2018 First Draft April 21, 2017 1 2 J K L P Q R T U W Z Project Description FY 2018 Goal Percent Complete Status as of 10/20/17 Theme PC Role / Work Next Actions FY 18 PC Hours P & Z Staff Hours 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Shelburne Road- Nodes of activity Would 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. 50% Work underway as part of Urban overlay standards; pc review on 10/24 Area-Wide Planning 6 to 8 80 to 150 Housing affordability (outside City Center) Broad topic - how to increase development of housing that is affordable throughout the City 0%Housing 2 to 4 40 to 150 Allowing homes to be divided into multiple units Would consider allowing larger homes to be divided into multiple units (relates to density and definition of a unit)0%Housing 2 to 4 20 to 40 East-West Roads Would re-examine planned east-west connections in the City comprehensively Jessica: seek funding source 0%Transportatio n / Land Use ?? Maximum 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 areas Jessica: discuss, make plan 0%Natural Resources 6 to 10 40 to 80 Historic preservation language Would establish requirements related to alterations to historic structures 0%Standards ?? Examine 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 buffering 0%Standards 1 to 2 12 to 18 Review "purpose" statements of each zoning district; possible consolidation of districts Would 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 outdated 10% Presented initial concept of consolidation to PC in Sept. Review again in early Nov. Standards 5 40 to 50 Planning Commissioner items Would set aside time for Commissioners to bring new or different ideas to the Commission not specifically related to a project in the annual work plan Jessica: ongoing Big Picture 1 to 4 20 Short and Long Term Resilience Broad review of the City's policies to assure that they are promoting long term resilience and sustainability Jessica: begin discussion, tie to Hazard Mitigation Plan update? Big 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 & development Jessica: ongoing Big Picture Could be folded into indicators ?? Landscape Requirements (JL) Jessica: begin discussion, make plan 1 to 2 10 to 15 Intentionally work with large property owners on their plans (TR) 3 to 4 25 to 40 Review Purpose & Need Statements for various projects As City transportation & development projects move forward, consider, adjust, and approve the purpose & need statements Review and approve P & N for planned projects Capital Projects Review P & N for consistency with Comp Plan 1 to 2 6 to 12 UVM - Spear Street & Patchen Road Residential zoning Would consider possible amendments to the I/A zoning district in conjunction with UVM for possible faculty / staff housing in certain areas. 0%No action unless request Standards 1.5 to 3 20 to 35 Revised accessory dwelling unit standards - Would re-examine how the city regulates accessory dwelling units, within overall context of state statute 10%Housing 2 to 3 15 to 30 Citywide FBC Would develop a Form Based Code across the entire City 5%Potentially remove from list of projects? Area-Wide Planning 30 to 40 500 to 1000 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 project 5%Capital 4 Planning Commission Work Plan FY 2017-2018 First Draft April 21, 2017 1 2 J K L P Q R T U W Z Project Description FY 2018 Goal Percent Complete Status as of 10/20/17 Theme PC Role / Work Next Actions FY 18 PC Hours P & Z Staff Hours 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Industrial Zoning & Needs Would 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 somewhat 0%Area-Wide Planning 6 to 8 70 to 100 Clarify regulations regarding construction or reconstruction of homes in the SEQ-NRP district Would 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 district 0%Natural Resources 2 to 4 20 to 30 Southeast Quadrant - Quantifying Standards Would evaluate SEQ design standards to assure they are measurable 0%Standards Lead 2 to 6 30 to 40 Limit number of trailers on a property Would place a limitation on the number of movable structures on a lot 0%Standards 1 to 2 12 to 18 Consider 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%Standards 1 to 2 12 to 18 Clarify 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%Standards 2 to 4 30 to 40 Review Temporary use & structures Would review the City's regulations regarding the number, frequency, and allowance for various kinds of temporary structures & uses 0%Review intial draft early 2018 Standards 1 to 3 25 to 35 Clarify standards for fencing of Stormwater facilities Would provide additional guidance as to whether stormwater areas should be fenced, or not fenced.0%Standards 0.5 2 to 4 Placement of cell towers Would develop standards for cell tower placement. "Towers", generally , will be addressed as part of a clean-up of heights in the PUD project. 0%Standards Provide input to Capital Improvement Program Annual Capital Improvement Plan Jessica: review and provide feedback Input provided for 2018 Capital Projects Optional Input in various forms 0 to 1 8 Housing Affordability & incentives for smaller homes Housing rentention, cottage houisng, tools to support affordability, smaller homes for young familities; comprehensive plan amendment to address goals for retaining young families; etc. Seek Funding, prioritize committee products Visual and Physical Open Space Scenic views, citywide open space standards, acqusition of park land, wildlife corridor & habitat standards, riparian corridors Seek Funding, prioritize committee products Connectivity of Places Linking parks & open spaces to neighborhoods; planning out future park needs; creating quality transitions between neighborhoods Seek Funding, prioritize committee products Design - small & big High quality of buildings; planned unity developments; large parcel planning; business parks; coordination with smaller development projects Seek Funding, prioritize committee products Chamberlin Neighborhood / Airport Update Comprehensive Plan for the Chamberlin neighborhood; continue to be active in Airport planning Seek Funding, prioritize committee products Sustainability Plan COMPLETED Current 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 corrections Adoption 100%COMPLETE I-89 Bike / Ped Crossing Scoping project for bike/ped bridge 60%PC Role Complete Capital Projects Optional Input Review drafts .5 to 1 15 to 30 City Center Official Map Update the City Center Official Map as details & Master Planning for large projects becomes more known Prioritize City Center guidance & development City Center See above 1 to 2 20 to 40 5 LDR amendment proposal Frank Kochman October 10, 2017 Planning Commission Meeting SUBDIVISION AND PLANNED UNIT DEVELOPMENT REVIEW1 2.02 Specific Definitions *** Dwelling Unit. A building or portion thereof designed, used, constructed or occupied as separate living quarters for one (1) household which includes independent and exclusive cooking, sleeping, and sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hall. *** Dwelling, townhouse or rowhouse. A dwelling unit located in a row of at least three (3) attached such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. The row of dwelling units shall be designed and build as a single structure facing upon a street. Dwelling unit, attached. A dwelling unit sharing a common side or rear wall(s) with another dwelling unit or units and having its own separate entrance or entrances to the outside. This may also be known as a townhouse or rowhouse. 15.02 Authority and Required Review A. Authority *** (3) In conjunction with PUD review, the modification of these Land Development Regulations is permitted subject to the conditions and standards in this Article and other applicable provisions of these Regulations. (4) Except with respect to sideline setbacks for two or more attached Dwelling units, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary, and, in no case shall the DRB permit the location of a structure not in compliance with Section 15.03 (D). The exception herein contained shall apply only to a boundary on which a party wall is situated and shall apply retroactively; that is, no such attached Dwelling unit shall be deemed unlawful if it otherwise conforms to these Regulations or any predecessor regulations in effect on the date of approval of the applicable PUD or subdivision. 1 Existing provisions of the LDR are reproduced to provide enough context to understand the proposed amendment. For complete context, see Land Development Regulations, page 20 and page 261 et seq. New proposed language is underlined. Selected Definitions from LDRs Frank Kochman October 10, 2017 PC meeting Residence. The home, abode, or place where an individual is living at a specific point in time. Residential Use. A use defined as a dwelling, dwelling unit, housing, or housing unit. Multi-family unit. See Dwelling multi-family. Mixed-Rate Housing Development. A housing development that has both market rate and below market rate dwelling units. Mixed Use. A structure or development that is occupied by a nonresidential use and a residential use, or by a mix of non-residential uses such as office, manufacturing, retail, public, or entertainment use. Master Plan. A plan intended to guide the arrangement of developed and undeveloped areas and streets within a land development project. Inclusionary Unit. A housing unit that is affordable to a low- or moderate income household under inclusionary zoning requirements. Inclusionary Zoning. Provisions under Section 18.01 of these regulations, as authorized under 24 V.S.A. Section 4414(7), which establish minimum requirements and incentives for the contruction of housing to meet the needs of low-and moderate-income households, Inn. See hotel. Hotel. A building or part of a building in which (a) living or sleeping accommodations are used primarily for transient occupancy on a daily basis and for compensation to the general public, and (b) one or more common entrances serve all such living or sleeping units, and (c) twenty- four hour desk service is provided, in addition to one or more of the following services: housekeeping, etc…. Hotel, extended stay. A residential hotel containing (1) small furnished apartment type units rented on a short term basis each with a kitchen … bath, living space and separate bedroom/sleeping space, and (2) a common area which shall included three (3) or more of the following: business support facilities, guest only breakfast facilities, lobby, and recreation space and amenties; but specifically excludes public restaurant(s), cocktails lounge(s)m and banquet meeting rooms containing more than fifty (50) seats. No more than fifteen percent (15%) of the units shall contain more than one bedroom. Units must be available on a daily, weekly and monthly basis and shall not be rented to the same occupant for more than one hundred eighty (180) days in any three hundred sixty-five (365) day period. Housing Unit. See dwelling unit. Dwelling Unit. A building or portion thereof designed,, used, constructed or occupied as a separate living quarters for one (1) household which includes independent cooking, sleeping, and Selected Definitions from LDRs Frank Kochman October 10, 2017 PC meeting sanitary facilities for a household, and direct access to the unit from the outside of the building or through a common hallway. Below market rate households Households whose aggregate income does not exceed eighty percent (80%) of the county median income as defined by [HUD] in the case of for-purchase housing, or does not exceed sixty-five percent (65%) of the county median income, as defined by {HUD] in the case of rental housing. Area affected. (A) The area of land that is the subject of the proposed action; (B) as used under conditional use review, the vicinity of the land that is the subject of the proposed action, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. Alteration. … removal of any structure… Development. … structural alteration… Land Development. … structural alteration… Affordable housing. … (B) Housing that is rented by its inhabitants whose gross annual income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by [HUD] and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income. Subdivision. (A) The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land for sale, development, or lease… Subdivision, major. … (2) a planned unit development… Planned Unit Development (PUD). One or more parcels of land to be developed as a single entity, the plan for which may propose any authorized combination of density or intensity transfers or increases, as well as the mixing of land uses. This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable to the area in which it is located with respect to the area, density or dimensional requirements or allowable number of structures and uses per lot as established in any one or more districts created under the provisions of these regulations. The specific requirements of a PUD and the area, density, and dimensional provisions that may be modified are defined in each district in which PUDs are allowed. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-1 South Burlington Land Development Regulations 8 CITY CENTER FORM BASED CODE DISTRICT DRAFT SEPTEMBER 2017 8.01 Purpose 8.02 Applicability 8.03 Land Development and Building Placement 8.04 Blocks, streets, and alley 8.05 Parking 8.06 Special Standards 8.07 Prohibited Materials 8.08 Open Space Requirements 8.09 Uses Allowed and Changes of Use 8.10 Review Procedures 8.11 Nonconformities 8.12 City Center T3 and T3+ Neighborhood 8.13 Urban Multi-Use Building Envelope Standards 8.14 T-5 Building Envelope Standards 8.15 City Center FBC Master Plan Review and Approval [Reserved] 8.01 Purpose A. Purpose. The City Center Form Based Code (FBC) District is a standalone zoning district with boundaries established on the Official Zoning Map, and has specific rules and standards set forth below which apply solely in the City Center Form Based Codes District. The FBC District implements a form based zoning regulation applicable to the City Center (either the ”Code” or the “FBC”) which encourages sustainable retail, commercial and mixed use development of open land, redevelopment of existing mixed use land and preservation and improvement of residential areas through pedestrian and bicycle connectivity. The FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing structures and encourage new development and infrastructure that incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This District aims to preserve the existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically self-sustaining place to live and work. Future development within the City Center FBC District and its Transect Zones shall be of a form of built environment that creates and protects development patterns that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of neighborhoods and convenient parking areas will characterize the district so that there will be a mix of uses within walking distance of dwellings and parking. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations 8.02 Applicability A. City Center Form Based Code District and Form Based Code. The City Center FBC District is allocated among different areas, known as Transect Zones, to reflect the different nature and densities of existing and anticipated development. The City Center FBC District Transect Zones are named T-5, T-4, T-3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect Zone is governed by its respective Building Envelope Standards (BES), attached hereto in Sections 8.12 – 8.14 hereof, and Street Typology, attached hereto in Article 11 hereof. The Zoning Map, Building Envelope Standards and Street Typology are binding within the City Center Form Based Code (FBC) District and are made a part hereof. (1) The T1 Transect Zone depicts stream buffer, wetland, and wetland buffer areas on the Official Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas, nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer, wetland, and wetland buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. B. Limited Incorporation of Land Development Regulations. Articles 3, 13, 14, 15, and Appendix C of the South Burlington Land Development Regulations shall not be applicable in the City Center Form Based Code (FBC) District except the following sections: 3.01 - 3.05, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13 Article 13 shall apply as indicated within the Article. Article 14 shall apply as indicated within the Article. Article 15 shall apply as identified within the Article. Where in this Article a specific section or subsection is referenced, it shall apply. In the event of a conflict between the Building Envelope Standards or Street Typology and other portions of these Regulations, the Building Envelope Standards and Street Typology shall control. 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities. B. Building Placement. (1) All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone, except as provided for below: (a) Buildings permitted in a T3 Cottage Court; (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-3 South Burlington Land Development Regulations C. Special Requirements, Prohibitions & Exceptions (1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall meet all BES applicable to such street. (2) Loading docks and other entries meant principally for deliveries shall not face streets, except where: (a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest to the public street; and, (b) The total width of said docks, doors, and entries does not exceed 12 feet. (3) All loading docks and associated truck parking areas shall be screened from view from streets. In the case of a nonconforming loading dock and associated truck parking area, any changes to the location or configuration of the loading docks or associated truck parking areas shall require compliance with this subsection. 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center FBC District, including transportation, economic development, creation of an active, pedestrian-friendly environment, and to implement the intent of block standards identified within the Building Envelope Standards of each Transect Zone. (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. (b) Where a building is proposed to be located on a lot that is adjacent to existing street, such street shall be upgraded pursuant to Article 15 and in accordance with requirements of Article 11, Street Typologies. (3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any block shall be determined by BES, except as otherwise provided for in this Article. (4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall apply along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development existing at the time the FBC was enacted. (a) Where wetlands and wetland buffers and streams and stream buffers, as defined in Article 12, are located along streets and are proposed to be unaffected, the linear distance of these features along the street shall be removed from the calculation of the lot’s minimum frontage buildout requirement. (5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-4 South Burlington Land Development Regulations applicable BES. (6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public, planned, and proposed streets within the Transect Zones. (a) In the event that a third party easement which predates the initial adoption of this Article exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to- zone shall, for the length of the easement, be established along the rear edge of the easement. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. (a) Exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall not apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to 24 VSA 4421(5), the application is to be reviewed without regard to the proposed public facility indicated on the Official Map. In such instances, block length and perimeter standards for the applicable Transect Zone shall be met. (b) Non-exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall apply for all areas shown on the Official Map as non-exempt from such standards. (2) Public Facilities on the Official Map: Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility for improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; (b) Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; (c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; (d) The actual location of a street may deviate from the location identified on the Official Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; (e) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Such deviation shall require approval of the Development Review Board pursuant to the following: (i) The proposed location shall connect to adjacent existing, planned, or proposed streets at each end; (ii) The proposed location shall remain consistent with any City and Regional Planning Commission transportation corridor studies; ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-5 South Burlington Land Development Regulations (iii) It shall remain possible to complete all planned and reasonably anticipated connections to adjacent properties; (iv) The applicant shall solicit from the owners of all adjoining properties their written input or comment regarding the proposed deviation from the location identified on the Official Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or comment; and, (v) Any such deviation that results in a significant change in connections to any existing, planned, or proposed street right-of-way shall require approval by the City Council following recommendation by the Planning Commission. Any such deviation shall include an amendment to the Official Map that depicts the revised connection between the new street location at the applicant’s property line and the planned street on the adjacent parcel. For the purposes of this subsection, a significant change may include a change in the parcel(s) through which the streets are planned, any modification to an approved City or State plan for the street connection, or a change affecting the alignment of a planned or existing intersection. (3) Standards for Non-exempt areas. In areas or circumstances that are not exempt from block length and perimeter requirements, the following standards shall apply. (a) The applicant shall submit plans demonstrating compliance with the block standards for the entire parcel. Such submission may include phasing, and in such cases, may for future phases provide detail sufficient only to indicate that the standards of these Regulations can be met at a future time. (b) All proposed streets shall comply with the requirements of Section A above and of the applicable Building Envelope Standards. (c) The Development Review Board shall have the authority to modify minimum and maximum block lengths by up to 10% where it finds that: (i) The modification will result in avoidance of impacts to a wetland, wetland buffer, stream, or stream buffer, as defined within these Regulations; (ii) Pre-existing site conditions such as existing buildings proposed to remain, existing signalized intersections, or existing signalized curb cuts make placement of the block length within the required distance impractical or result in a detriment to vehicular or non- motorized transportation safety or efficiency, or; (iii) The modification will result in an improved alignment of an intersection, such as aligning with an intersection on the other side of the street, or establishing a safe distance from an existing intersection; (d) Where the DRB approves a modification of a minimum or maximum block length standard, the following shall apply: (i) All requirements for pedestrian passages within the applicable BES shall be met; and, (ii) Where a block length exceeds the maximum for the applicable Transect Zone, a public lane, pedestrian pass, or path as defined within the Street Typologies shall be established, creating a mid-block connection to the adjacent public street, and offered for dedication to the City. Where the applicant’s property is not adjacent to a public street, a ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-6 South Burlington Land Development Regulations public lane, pedestrian pass, or path shall be established to the property line or to the nearest existing pedestrian infrastructure that provides perpendicular connectivity. C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and Secondary Streets are contained within the Building Envelope Standards for each Transect Zone. D. Primary and Secondary Building Façade determination. Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the street with the higher traffic count, except where: (1) The higher traffic count street is an Interstate or Interstate ramp; (2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count- street is labelled as a Secondary Street on the Official Map; (3) The lot has at least one hundred (100) feet of frontage on Market Street; or, (4) Upon application to the Development Review Board, the Board finds that the application presents a unique circumstance that is in keeping with the purposes of the Transect Zone in which the project is located. All building facades parallel to other streets and public open spaces shall be Secondary Building Façades. E. Corner Radii; Clear zones. Corner curb radii shall be determined by Street Type within Article 11, Street Typologies. Tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25-foot radius Clear Zone shall be established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, or electrical boxes. F. Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb cuts and to provide access to parking and service areas behind buildings. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley’s purpose. 8.05 Parking A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be determined by Street Type and Street Typology and consultation with the Department of Public Works. B. Off-Street Parking placement. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-7 South Burlington Land Development Regulations (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. (2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may approve surface parking which is within the 25-foot setback and which is not hidden from view from the street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property; and, (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback. (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. This figure shall be reduced to eighty feet (80’) where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this eighty-foot (80’) area. C. Structured Parking Lot Placement. Any structure located within the Build-to-Zone may contain structured parking. All such parking, however, shall be set back at least 25’ from all front building facades on the first story. Such minimum 25’ area shall contain uses that are allowed in the Transect Zone. (1) Parking structures are exempt from the requirement that at least one building façade be located within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal building or buildings or liner buildings. A parking structure that is located to the rear of building(s) that comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and door standards. D. Access to Off Street Parking. Alleys shall be the way to access off-street parking. Parking along alleys may be head-in, diagonal, or parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access between adjacent lots and across property lines is required, as stipulated in 14.07A and 13.01F of these Regulations. Corner lots shall access parking from the secondary street (see diagram below). 8.06 Special Standards ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-8 South Burlington Land Development Regulations A. Civic Sites. (1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (2) Modification of Standards. In order to provide greater flexibility to create a special architectural statement, Civic Buildings may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in making its determination: (a) Presence of a public design process and formal recommendation from the South Burlington City Council and/or School Board; (b) Consistency of the design with an adopted municipal or school building design policy (if one exists); (c) Consistency of the project with the written purposes of the applicable Transect Zone; and, (d) Advancement, where appropriate, of the project with design elements specifically encouraged within the applicable Transect Zone. (3) Exemptions. Expansions of or modification to existing municipal school buildings shall be exempt from the following requirements within the BES for the applicable Transect Zone: build-to- zone, glazing, frequency of entrances, minimum story, and frontage buildout. (4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any non-civic buildings. B. Places of Worship. (1) General, and Modification of Standards. Places of worship are of special public importance. In order to provide greater flexibility to create a special architectural statement, Places of Worship may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in makings its determination: (a) Consistency of the project with the written purposes of the applicable Transect Zone; and, (b) Advancement, where appropriate, of the project with specific design elements encouraged within the applicable Transect Zone. (2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-9 South Burlington Land Development Regulations Standards within the applicable Transect Zone except as apply to any buildings that are not used as Places or Worship. C. Drive Throughs. Drive-through service windows are permitted in the back of the building, in mid-block and alley-accessed locations provided they comply with all of the following standards: (1) Queuing for drive-throughs shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a mid-block through-lot, drive-through service windows shall face the side lot line opposite the primary building façade; (3) For corner lots, drive through service windows shall be hidden by the building along all public streets (see diagram below); (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in these regulations that requires a minimum of two (2) stories; and, (5) Applications for a drive-through facility shall not be deemed complete without a mandatory technical review by a traffic consultant to determine adequate stacking lane length. D. Service Stations. Service Stations are permitted in the rear, in mid-block and alley -accessed locations provided they comply with the all of following standards: (1) No service station shall be located within 300 linear feet of a civic site; (2) Queuing for service stations shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall face the rear lot line; (4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be hidden by the building along all public streets (5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum two (2) story requirement. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-10 South Burlington Land Development Regulations E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (2) A combination of alley, as defined within the Street Typologies of these Regulations, or parking area, and a planted buffer not less than eight (8) feet wide landscaped with dense evergreens, and opaque screening from any vehicle lights or similar sources and with options for other planting and fencing. F. Required Minimum Stories, Combined Stories. (1) Building Stories. Where these Land Development Regulations establish a required minimum number of stories, each story above the ground story up to and including the minimum number of required stories shall: (a) Contain a floor area of at least 75% of the building footprint for buildings with a building footprint of less than 60,000 square feet or 50% of the building footprint for building with a buildings footprint of 60,000 square feet or more; and, (b) Be located directly above the story below and form an extension of the building facade for at least 75% of the building facade on all primary and secondary facades. (2) Combined stories. For each story in a building containing one or more stories with a floor- to-floor height that exceeds the maximum height in the applicable Transect Zone, the number of stories shall be calculated by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. Example: a 20’ floor to ceiling height in a Transect Zone whose maximum sooty story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. G. Rooftop Elements and Uses; utilities. (1) Conceal rooftop devices. In the T4 and T5 districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and screened, or themselves designed so that they are balanced and integrated with respect to the design and materials of the building. Such rooftop devices shall not be counted as a “story.” (2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be included. Any such cornice or similar design shall be installed along all primary and secondary building façades. (3) Rooftop Use and structures. A rooftop may be used for any use permitted for the building. Enclosed or partially-enclosed building features are permitted and shall not be considered as an additional story, subject to the following conditions: ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-11 South Burlington Land Development Regulations (a) The total area of all such features, including elevator shafts, building space, garden sheds, permanent awnings or breezeways, or architectural features such as clock-towers or spires, shall not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the building, whichever is greater and, (b) The height of any such features shall not exceed 14’ above the maximum height of the building (measured as maximum stories x maximum height of each story. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. On-building fire hydrants shall be exempt from this subsection. H. Alternate Compliance for Entrances in T4 (1) Authority. The Development Review Board shall have the authority to review and approve, approve with conditions, or deny an application for development that differs from the strict requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards, Entrances] subject to the standards and limitations below. (2) Entrance standard intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other standards of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the applicable district. The presence of regular, Operable entrances is designed to foster a built pattern consisting of attractive, engaging, and interactive built forms. Users along a street are presented with an inviting street presence of the building and are engaged throughout its length. This section is also intended to support the viability of activities within adjacent buildings (existing or future) by creating a pedestrian environment where the user has reason and interest to walk the entire length of a building and engage with the next building rather than have an uninviting and unengaging environment where a user would turn around. (3) Standards for review. In making its determination, the Development Review Board shall consider the following standards: (a) The Board finds that the alterative design advances the specific objectives of the Central District of the Comprehensive Plan in a manner that is equal or greater than the standard contained within the BES. (b) The Board finds that the alternative design advances the Purpose of the Transect Zone as stated in these Land Development Regulations in a manner that is equal to or greater than the standard contained within the BES. (c) The Board finds that the alterative design advances the Intent of the standard as stated in this Section in a manner that is equal to or greater than the standard contained within the BES. (d) Any proposed alternative shall be incorporated along all facades of a building for which alternate compliance is being sought and shall be distributed along the entire façade in a manner which meets or exceeds the average frequency and maximum spacing as required by the BES. (e) Any proposed alternative shall be not be counted or calculated as meeting or contributing to any other required element or financial obligation of these Regulations. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-12 South Burlington Land Development Regulations (f) Any proposed alternative shall fulfill its function in all seasons. (g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist of original design elements. In the case of artwork, only Commissioned artwork shall be considered. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials, on all sides facing a street right-of-way, public right-of-way, pedestrian passages or public civic space, in all City Center districts: A. All types and form of vinyl siding or vinyl finishing products. B. External Insulation and Finish System (EIFS) C. Stucco D. Plywood (excluding Marine Grade plywood) E. Chain-link fence F. T1-11 G. Concrete block, cinder block H. Tar paper I. Tyvek or equivalent 8.08 Open Space Requirements A. Purpose. The open space standards contained herein are established to provide for the creation or improvement of open spaces in both residential and non-residential developments located in the City Center FBC District. Establishing, enhancing and preserving open space serve multiple purposes and meet the recreational needs of residents, visitors, and employees. These open spaces define the distinctive character of the community and are intended to provide a pleasant interlude in the urban environment, serve as a source of great civic pride, and render the area more attractive or attract new residents and businesses to the community. They can also be combined to serve multiple simultaneous purposes, including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may provide breathing space, and visual and psychological relief, and meet other needs of community residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city. The standards set forth below establish regulations for open space in residential, non-residential, and mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality, useable and serve the purposes listed above. Qualifying open space must clearly be planned for that purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity. In making the final determination of whether, and how much, proposed open space meets the City’s requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the purpose statement of this subsection. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-13 South Burlington Land Development Regulations B. General Requirements. In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be required in all Transect Zones per Table 8-1: Table 8-1 Open Space Requirements Transect Zone Residential /Non- Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. T4 Non- Residential <20,000 SF 6% of non-residential building gross floor area May locate qualifying open space off-site or purchase credits. Whether on or off site, 75% must be part of the public realm. Non- Residential >20,000 SF 6% of non-residential building gross floor area Qualifying open Space must be located on site or within 150’ of the site with direct access. Whether on or off site, 75% must be part of the public realm. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-14 South Burlington Land Development Regulations Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access.; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. T3/T3+ Non- Residential All 6% of non-residential building gross floor area Qualifying open Space must be located on site. Minimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located on site; 40% or more must be commonly accessible to all No public realm requirement for residential component. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-15 South Burlington Land Development Regulations tenants/residents. (1) Mixed uses. Where a lot contains both residential and non-residential uses, the minimum open space requirements in Table 8-1 for each type of use shall be met. The gross floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less the sum of the area of the residential units on the lot. C. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. Table 8-2. Qualifying Open Space Transect Zone Allowable Open Space (see Appendix F for standards) T5 Pocket/Mini Park Plaza/Square Outdoor café/restaurant seating (not within the public right-of-way) Sun Terrace (as restricted in Appendix F) Courtyard Pedestrian Pass Indoor Park / Atrium T4 All Open Space listed as allowable in T5 and; Playgrounds Green (residential and campus style development only) Community gardens Rain Gardens (as restricted in Appendix F) Wooded area (as restricted in Appendix F) Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in Appendix F) T3/T3+ Pocket/Mini Park Courtyard Green- residential with more than 7 units only Private yard space (respecting common space requirement indicated in Table 8-1) Playground Community gardens Wooded area (as restricted in Appendix F) D. General Open Space Notes ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-16 South Burlington Land Development Regulations (1) In all Transect Zones, only Open Space areas meeting the requirements of Appendix F and this article shall count towards the minimum qualifying Open Space requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Open Space. A divider between a parking lot and a qualifying street type shall be considered qualifying Open Space where applicable and allowable. E. Locating Open Space Off-Site (1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (4) Pre-approval of open space. An applicant that constructs open space greater than the minimum required may apply the additional space towards the required open space for a future building. In doing so, the applicant shall demonstrate, with each such building, that the off-site open space is qualifying for the building in question. F. Off-Site Open Space Credits (1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may contribute to a designated City Fund that shall be used to acquire Open Space and/or for Open Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Space for any parcel of less than two (2) acres in size. (b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required qualifying Open Space for any parcel of two (2) acres or more. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-17 South Burlington Land Development Regulations (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Open Space per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. G. Landscaping Requirements (1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that this investment be in trees and shrubs, and on-site. (2) For the City Center FBC District, a portion of the minimum landscaping budget may be used for art, decorative hardscapes, or other publically welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. (3) Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thity (30) percent of the required landscaping budget may also be located off-site. Table 8-3. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 60% Palette includes commissioned sculptures (excluding signss), fountains, ornamental planters, ornamental or commissioned benches*, and ornamental or commissioned bicycle racks* T4 40% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for community gardens, gazebos for common use, and rain gardens (as restricted in Appendix F). *credit may be given for the difference by which the proposed amenity exceeds the specified requirement for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable s As defined in the South Burlington Sign Ordinance Credit will not be given for the value of the land under which any of the above are constructed. H. Maintenance. All qualifying open space areas, and elements contained within, shall be maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a violation of these Regulations. 8.09 Uses Allowed and Changes of Use. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-18 South Burlington Land Development Regulations A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in Table 8-4, Table of Uses, these Land Development Regulations, other applicable City ordinances and regulations and by state statute or applicable state regulation. In Table 8-4 below (Transect Zone Table of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that Transect Zone pursuant to these Land Development Regulations. B. Nonconforming structures. Table 8-4, Transect Zone Table of Uses, indicates uses that are prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building Envelope Standards. See also Section 8.11 for nonconformities. Table 8-4. Transect Zone Table of Uses Transect Zones Table of Uses Non-Conforming Structures, all Transect Zones T3/ T3+ T4 T5(1) Adult use Prohibited Prohibited Prohibited Prohibited Airport Uses Prohibited Prohibited Prohibited Prohibited Animal shelter Prohibited Prohibited Prohibited Prohibited Auto and/or motorcycle sales Prohibited Auto and/or motorcycle service & repair Prohibited Auto rental, with optional private accessory car wash & fueling Prohibited Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited Car wash Prohibited Commercial kennel, veterinary hospital and/or pet day care Prohibited Prohibited Prohibited Prohibited Drive-through establishments, except financial institutions Prohibited Prohibited Drive-through financial institutions Prohibited in T3 and T3+ Prohibited Equipment service, repair, and/or rental Prohibited Junk yard Prohibited Prohibited Prohibited Prohibited Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited Manufacturing / assembly from previously prepared materials & components Prohibited Mobile home, RV and/or boat sales, repair & service Prohibited Motor freight terminal Prohibited Prohibited Prohibited Prohibited Service Stations Prohibited Transportation services Prohibited Prohibited Prohibited Prohibited Warehousing & distribution Prohibited Wholesale establishments Prohibited Bottle redemption centers Prohibited ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-19 South Burlington Land Development Regulations Outdoor storage in connection with any permitted use, except for dumpsters which must be reviewed for adequate screening during the development approval process Prohibited Uses that require regular (1 trip weekday or greater) trips using 24,000 lb. vehicles Prohibited in T3 and T3+ Prohibited ALL OTHER USES (1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection, residential uses include dwelling units and any other form of permanent housing including but not limited to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group quarters, or hospices. C. Changes of Use. Changes of Use within the Form Based Code shall require site plan approval if: (1) Changes are proposed to the Site Plan; or, (2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour Vehicle Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within these regulations, whichever is greater. 8.10 Review Procedures A. Site Plans and other applications. See Article 14, Site Plan. B. Subdivisions. The applicable sections of Article 15 (set forth in Section 18.02) shall only apply to subdivision review. Planned Unit Developments are not permitted within the Transect Zones and City Center Form Based Code (FBC) District. C. Development Review Board Review Authority. Notwithstanding other Articles of these Regulations, any authority granted to the Development Review Board under this Article 8 shall remain with the Development Review Board and shall not be delegated to Administrative Review. Any authority granted to the Administrative Officer shall remain with the Administrative Officer except upon appeal of the Administrative Officer’s decision. 8.11 Nonconformities A. Purpose The purpose of this section is to establish regulations and limitations on the continued existence of uses and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in this Code. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-20 South Burlington Land Development Regulations B. Nonconforming Uses (1) Authority to Continue. Nonconforming uses may be continued provided the conditions in this Section are met. (2) Repair and Alterations. Repair and alterations, including structural alterations, may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided the comply with the Code, including any limitations on any conforming structures. (3) Extensions/Expansions (a) A nonconforming shall not be extended, expanded, enlarged or increased in size, footprint or coverage. (b) No nonconforming use may be extended to displace a conforming use. (4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable Transect Zone. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. (a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. (5) Abandonment. See Section 3.11(G) C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided the comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi- tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Damage to Nonconforming Structures. See Section 3.11 (F) ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-21 South Burlington Land Development Regulations D. Extensions/Expansions (1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be altered, provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure. See Figure 8-1. (2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be altered in a manner that increases the nonconformity by no more than the percentage of the existing gross square footage listed below in Table 8-45. See Figure 8-1 Table 8-45 Extensions / Expansions Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% Example: a 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a maximum total of 2,000 sq. ft.) E. Relocation No nonconforming structure may be relocated in whole or in part to any other location on the same or any other lot unless the structure and its location conform to these Regulations. F. Open Space (1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum lot coverage percentage to the new requirements for a minimum amount of Qualifying Open Space. (2) Where any of the following apply, the applicant shall be required to obtain approval from the Development Review Board or Administrative Officer for the identification of approvable open space prior to any Land Development: (a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA; (b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever is greater; or (c) A portion of a lot developed with one or more building is proposed to be subdivided,. (3) The identification shall be completed as follows: ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-22 South Burlington Land Development Regulations (a) The applicant shall identify, on a plan, Qualifiable Open Space area(s) for the lot, or in the case of a subdivision, lots, totaling no less than the minimum required percentage of Qualifying open space listed in Table 8-1 (Open Space Requirements), based on the existing uses and buildings on the lot(s); (b) At the time of identification and approval, the applicant shall not be required to enhance any Qualifiable open spaces to meet any of the additional requirements of Appendix F or to locate any such Qualifying open space on-site, except: (i) Where more than 50% of the Qualifiable Open Space consists of impervious areas, the amount of such impervious open space that exceeds 50% shall be enhanced to full compliance with Appendix F and such Qualifying Open Space shall be located on-site as depicted on the plan; (c) Any new buildings or expansions of existing buildings shall be required to comply with all Open Space Requirements of Section 8.08 (Open Space Requirements); and, (d) An application to expand an existing building on a lot for which Qualifiable Open Space has been identified and approved may meet its minimum Qualifying open space requirements in Table 8-1 by enhancing the minimum required amount of the identified Qualifiable Open Space to full compliance with Appendix F and locating that Qualifying Open Space on-site as depicted on the plan. (4) The identification of approvable open space shall be a one-time requirement. No further such approval shall be required unless the applicant requests a modification of areas identified and approved as Qualifiable Open Space. Figure 8-1 Nonconformity Build-to Requirements A. FRONT: ADDITION Any addition to the front must move toward build to zone. The addition does not have to meet the frontage buildout. A. FRONT: NEW BUILDING A new building must be placed in the build to zone until the frontage buildout has been met. B. REAR: ADDITION Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations Rear additions are allowed because the extension does not increase the degree of the non-conformity. B. REAR: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. C. SIDE: ADDITION Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. C. SIDE: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. Permitted Permitted Not Permitted Not Permitted Not Permitted Not Permitted Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-24 South Burlington Land Development Regulations D. SIDE: ADDITION ( Large Building) Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. D. SIDE: ADDITION (Large Building) Add new connected street* and side additions are now allowed because the new street establishes a new Build-to-Zone. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-25 South Burlington Land Development Regulations *New street shall be selected from the pre-determined FBC street types allowable in the site’s transect designation and shall conform to block standards (block lengths). E. Tiers Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-26 South Burlington Land Development Regulations Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and frequency of doors) , FBC open space standards and/or combination of the two. Surface parking is not conforming. Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space standards* * Large parcels: Parcels with street frontages greater than 300' may expand laterally the percentage of the build out at Tier 1 in the same lateral location of the conforming build out. Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 South Burlington Land Development Regulations 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)Detached single family dwelling (b)Two-family dwelling (c )Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Ceiling Height (a)First story (b)Upper Stories (4)Build-to Zone See T3 & T3+ Figures (a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max. (b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max. (c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max. (d)Rear Setback, Principal Structure 20' Min., No Max.not applicable (e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max. (f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' Min., No Max.No closer to street than Principal Structure (5)Frontage See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min., No Max.No Min., No Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.No Min., No Max. (6)Entrances See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use (b)Maximum distance between Public Entrances, non- residential first story use (c )Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (e)Frequency of Public Entrances on first story for non- residential second story uses 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 not applicable 1 per upper story unit Min. T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi- family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. T3 and T3+ BES Standard 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 1 Max. 12' Max. 10' Max. None 70' Min., 120' Max. [150' Max if Cottage Court] (see note 3) 75% Max. 4 Units per acre Min. Permitted Permitted Permitted Permitted Permitted Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (f )Frequency of Public Entrances on first story for upper residential story use (7)Glazing See Glazing Figures (a)First Story Min. 30% of the length of the building, and Min. 3' in height Min. 15% of the length of the building, and Min 3' in height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories Min. 25% of the length of the building, and Min. 3' in height Min. 12.5% of the length of the building, and Min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% Min.75% Min. (8)Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max. (9)Garages (a) (b) (c ) (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street (e)Variation in building façade encouraged and blank walls strongly discouraged (f)To the extent possible, the narrow face of the building should be oriented to the street (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length See Note 3 (c ) (2)Street Types See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c )Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street (g)Lane (h)Alley (i)Path (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets Permitted, Qualifies as a Street Prohibited 1 per 4 2 units (see notes 4 and 5) Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building Encouraged Encouraged Encouraged Required Required Garage doors facing an alley are permitted and highly encouraged 4,000' Max. 300' Min., 1,000' Max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street 400' Min. distance between curb cuts Required 70' Min. distance between curb cuts Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit See Note 4 (b)Per 1,000 gross s.f. Non-Residential See Note 4 (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required See Section 18.02(B) (G) Streetscape Standards (1)General Standards (a) (b) (c )Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a) (3) (4)Public and Operable Entrances for Upper Story Units: (a) (b)For corner units, the balcony shall be required along the Primary Street (c )No units located entirely on the third story shall be permitted. (5) (a)One front-facing multi-family building per lot, with the following supplemental requirements (i) At least one operable entry shall face the street (ii) Frontage buildout minimum of 50% (iii) Garages shall not face the street except if blocked from view by building (iv) Maximum of six (6) dwellinjg units per building (v) A covered front porch at least 10' in width and 7' in depth is required (b)One Carriage House in addition to an approved prinicipal structure (i) Carriage house must be set back at least 20' from the front of the principal building (ii) Carriage house shall meet all principal building side and rear setbacks (iii) Carriage house is limited to two (2) dwelling units (iv) Carriage house is limited to 2.5 stories in height All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio for the entire width of the building façade along the Street. For a lot or property to be developed or improved, lot width requirements shall be met. New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards New parking is allowed in the side yard Parking spaces may be leased from the city or a private landowner 1 Min, 3 Max. 4 2 spaces Min. On lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area, the following supplemental standards , either (but not both) of following are allowed: Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards Residential: all parking shall be located to the side or rear of buildings Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' Max. average As determined by DPW 1 Min. per 300' frontage ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-4 South Burlington Land Development Regulations 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1) (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.100% Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 36' Max.54' Max. (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max. (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max. (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max. (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent 24' Max. 14' Max See Note 2 See Note 2 T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None Permitted 2 Min., 4 Max. 1 Max. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-5 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street 2,800' Max. 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. New construction resulting in additional non-residential gross floor area or residential units shall meet T- 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landownerNew parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged 2 spaces Min. 300' Min., 700' Max. Prohibited (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-6 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) (e ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Parking Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Accessory structures shall not exceed 500 square feet in size, shall not be located to the front of any principal building, shall be set back a minimum of five (5) feet from all property lines, and shall have a maximum height of 15'. Standards in Section 3.10(A-D) shall not apply in this district. Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 Min. per 100' frontage Permitted rontage May be used to meet short-term requi 50' Max. average (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade area below the roofline and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. The Administrative Officer may approve an alternate arrangement upon finding that the combination of glazing and building materials creates an enhanced overall aesthetic of the building. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-7 South Burlington Land Development Regulations 8.14 T-5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T5 Figures (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T5 Figures (a)Frontage Buildout 85% Min.85% Min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Note 3 & Bldg Breaks Figure Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None T5 BES Standard Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 See Note 2 1 Max. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-8 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (4) (G) Streetscape Standards 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. Accessory structures shall not exceed 500 square feet in size, shall not be located to the front of any principal building, shall be set back a minimum of five (5) feet from all property lines, and shall have a maximum height of 15'. Standards in Section 3.10(A-D) shall not apply in this district. Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 1,600' Max. 400' Max. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-9 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (1) General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a) Benches (b)Bicycle Parking or Rack Spaces (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. The Administrative Officer may approve an alternate arrangement upon finding that the combination of glazing and building materials creates an enhanced overall aesthetic of the building. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding All features proposed within an existing, proposed, or planned public ROW shall comply with 1 Min. per 50' frontage Permitted 20 Min. per 100' frontage May be used to meet short-term requirements of 13.14 30' Max. average If a corner lot is 100’ or less in width along the street containing the primary building facade and (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Cathyann LaRose, AICP, City Planner SUBJECT: Urban Design Overlay District DATE: October 24, 2017 Planning Commission meeting The Planning Commission has had several discussions throughout the last year related to some short-term adjustments of the City’s Land Development Regulations, predominantly as they relate to Shelburne Road and a portion of Williston Road near the airport. The Commission discussed concepts related to building heights, setbacks, windows, doorways and landscaping. At the last meeting, the Planning Commission discussed potential nodes of activity in the corridor and provided feedback related to expectations at corner properties. The Commission also asked Staff to provide a clearer idea of the precise lands that would be involved in the overlay district, as well as the nodes. For example, how deep would the standards apply within a deep lot and does the corner node include the entirety of the property? We’ve examined this at length, and with the help of some mapping work from our partners at the Regional Planning Commission, we have options for the Planning Commission to consider. A refined draft is underway and will be available for presentation on Tuesday evening. We continue to recognize that the Commission’s stated objective is to make some relatively simple adjustments to basic form standards. We will continue to work through areas which require a more thorough analysis or detailed adjustments. You may notice that the attached revised draft no longer includes specifications for maximum height limits. It was with great deliberation and consideration of Commissioner feedback that we have agreed as staff that the maximum height limits are perhaps best tied to the zoning district rather than the corridor/overlay district. We hope to discuss this with you at the meeting on the 24th, and are prepared to bring a more detailed proposal for your consideration at a later meeting. South Burlington Planning Commission Urban Overlay District Text for discussion October 24, 2017 Article 10 Overlay Districts Staff note: All of the text below is new, including the existence of section 10.06. Changes shown in red below include staff updates made after the September 12th meeting of the Planning Commission. This is for discussion purposes only. A clean redlined draft will be presented prior to any warning of a public hearing. 10.06 Urban Design Overlay District A. Purpose. It is the purpose of the Urban Design Overlay District to recognize the impact of simple design principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the City’s most traveled areas and gateways, while furthering the stated goals of the City’s Comprehensive Plan. B. Comprehensive Plan. This section implements the community desires established in the City’s Comprehensive Plan. Specifically, the Plan desires that new development will occur in subject corridors. The corridors subject to the Urban Design Overlay District are encouraged within the Plan to use public transportation services, inspire pedestrian movement, and foster effective transitions to adjacent residential areas. More specifically yet, the Plan advocates for the creation of one or more nodes of concentrated development and public activity in these areas. C. Applicability. This section shall be implemented in accordance with the geography(ies) shown on the Overlay Districts Map contained in these Regulations. (1) New construction. In the case of proposed expansions to existing buildings, only the portion of the building being added or rehabilitation per (2) below shall be subject to compliance with these standards. Portions of an existing building not being modified may remain as is provided alterations do not increase the degree of nonconformity. (2) Substantial Rehabilitation (a) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (b) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided they comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the entry and glazing standards described. For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi-tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Nodes. These regulations recognize that some areas of a corridor serve or will serve as important connections, gateways, or areas of activity. As such, a more urban form is desired South Burlington Planning Commission Urban Overlay District Text for discussion October 24, 2017 and, where noted, required and permitted. Site design and buildings within designated nodes shall provide a welcoming and safe street presence for all users. Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated accordingly. D. Standards. Except where noted herein, the underlying dimensional standards, use, and other standards of the Zoning District shall still apply. (1) Entries. Subject properties must have at least one entry facing the primary road in the corridor. Any such entry shall: (a) Be an operable entrance, as defined in these Regulations. (b) Serve, architecturally, as a principal entry. They shall be a dominant and recognizable feature of the building. Possibilities include accenting front entries with such features as awnings, porticos, overhangs, recesses/projections, decorative front doors and side lights, or emphasis through varied color or special materials. This does not preclude additional principal entry doors. (c) Shall have a direct, separated walkway of at least 8 feet in width to the primary road. This may meander for design purposes, but must serve as a pedestrian-oriented access. (2) Glazing. Windows are key to the overall design of a building and the relationship between its exterior and interior. (a) For all properties in the Urban Overlay District, a minimum of 75% of glazing shall be transparent. (b) In non-residential uses, first story glazing shall have a minimum height of 7 vertical feet. (c) For residential uses, first story glazing shall have a minimum height of 5 vertical feet. (3) Dimensional Standards Height Minimum Glazing Features Setback from ROW Designated Primary Node 2 stories First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of building. Minimum 10 feet Designated Secondary Node Appearance of two stories at minimum. Buildings less than 6k sf gfa may be one story. First stories shall have a minimum of 60% glazing across the width of the building facade on primary street; 40% minimum glazing across width of the façade facing the secondary street. Must have significant architectural feature at corner of building. Minimum 10 feet All other properties No height minimums First stories shall have a minimum of 40% glazing across the width of the building facade Minimum 20 feet South Burlington Planning Commission Urban Overlay District Text for discussion October 24, 2017 (a) No building shall be more than 2 stories taller than an adjacent building on the same side of the street within 100 feet. (b) No building shall be more than 1 story taller than the shortest R4 building on adjacent property. This may increase by 1 story for each 75’ of separation, up to allowable maximum. (c) Stories of buildings within the Urban Design Overlay District are defined as per Section 8.06(F) of these Regulations. (d) Section 8.06(G) of these regulations shall apply to rooftop elements of buildings within the Urban Design Overlay District. (e) First story floor-to-floor height shall not exceed 20 feet. Upper stories shall not exceed 14 feet in floor-to-floor height. (4) Landscaping Projects within the Urban Design Overlay District shall meet minimum landscaping requirements as per Section 13.06 of these Regulations. Projects are also subject to the following supplemental standards: (a) Landscaping which is required elsewhere in these Regulations to serve as a buffer between properties shall not count towards the minimum landscaping budget. (b) For buildings which are set back 50 feet or more from the front property line, at least 50% of the required landscaping shall be installed between the front building line and the front property line. 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: Possible adjustments to bike rack standards in LDRs DATE: October 24, 2017 Planning Commission meeting Over the past few months, staff a received a fair amount of feedback on the new bike parking standards. As you may recall, the new standards establish requirement for short term & long term bike parking, in design as well as location. The requirement for upgrades to short-term bike parking facilities (ie, outside bike racks) are triggered any time a property comes in for a site plan, large or small. There is an allowance in the regulations for half of the required minimum spaces be installed at the first site plan change, and half at the next. Based on the feedback, we’ve gone back and looked at a few potential adjustments. Specifically, we’ve looked into the requirements for the racks to be placed on 2’ x 6’ concrete pads and at the functionality of some types of pre-existing racks. Below is the outline of some tweaks that staff presented to the Bike Ped Committee earlier this month, and which they voted to recommend the Planning Commission adopt. Outline of amendments to bike rack standards: Pre-existing bike racks would be allowed to count towards bike parking minimums if: 1. They secured to the ground and in a lit location 2. Bike frame can be attached in at least one place and bike is supported to stay upright 3. Rack is not made of wood 4. Parking spaces will count for each space on a rack where a bicycle frame can be attached in at least one place 5. If parking is on the “outside” of a rack, the parking space be clear of obstructions and not obstruct passageways. New racks modification: 1. Remove requirement for the 4 x 8 pad. 2. Rack must securely affixed to the ground and spaces for bikes must be clear of obstructions Bike rack types that would generally be ok, from the Appendix G list: Rack Type Ok if pre-existing? Special conditions Wave NO Schoolyard Yes Only the ends would count Coathanger Yes Wheelwell NO Bollard Yes Spiral NO Swing Arm Potentially Yes If the arm & fittings are large enough for standard bikes to be held All types listed as acceptable in Appendix G Yes SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 12 SEPTEMBER 2017 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 12 September 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, A. Klugo, T. Riehle, D. Macdonald, M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; B. Bouchard, J. Weith, T. Harrington, L. Ravin 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: Ms. Louisos asked to add to Other Business a mini-follow-up regarding UVM properties. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby noted that in conversations with Sandra Dooley and the Affordable Housing Committee they have discussed issues with the way “congregate housing” is defined in the LDRs. In driving around the city, Ms. Dooley had pointed out the Country Park development which is very large and yet counts as zero density. They were even allowed to add more density. Ms. Ostby said Ms. Dooley has agreed to redo a definition of congregate housing. Ms. Ostby also noted a piece of land near the end of Duval Street which is members of the Committee felt could be considered as a Habitat for Humanity development. Mr. Conner noted that piece of land was purchased with Federal Land and Water Conservation Funds, and so are potential obstacles for development as it was purchased with federal money to be used for parkland. It is also in the 65 dbl noise zone. Mr. Riehle said he met with Ted Palmer who oversees many units of low-income housing, and they talked about a “sense of place.” He added that it seems that low-income and affordable housing is on a “low rung.” He cited the area behind Shaw’s off Shelburne Road where there is no real sense of place. Mr. Conner: The City Council has approved the moving of the Library to UMall on a temporary basis. The Council also signed a purchase/lease agreement for land on Market Street adjacent to the senior housing building for a potential site for a new City Hall and Community Library. 2 Attended the Northern New England Chapter of the American Planning Association meeting in Manchester, NH, and hosted a session on “downtown development” with a focus on restaurants. The owner of Due in Brattleboro said restaurants have become the driver of downtown traffic as retail is not doing this anymore. To address this concern, he had suggested a subsidy to get retail back. 5. Initial discussion on request to allow medical offices in the Industrial-Open Space district outside of the Transit Overlay District: Mr. Bouchard asked the Commission to consider this use. He understood that the city had taken criticism regarding medical uses on Tilley Drive. He also noted there are other private medical uses outside of the Transit Overlay District (e.g. Eye Laser). He felt that private medical uses differ from “medical centers.” Mr. Macdonald asked why there are currently some medical offices outside the Transit Overlay District. Mr. Conner said they predate that district. He also explained how bus routes are considered and determined. Mr. Gagnon suggested that a solution may involve a privately-run system of smaller, van-like buses and asked about a requirement for businesses to fund. Mr. Conner noted that from his part work, drivers are the biggest single cost-driver. He said that there would have to be an assurance that this isn’t a one- year commitment which then disappears and leaves people with no options. Mr. Conner noted that this part of the city has been moving toward high quality office uses. There is a staff concern that there will not be space left for manufacturing uses and other “balancing” uses. Mr. Riehle felt that the people who put the Comprehensive Plan together spent a lot of time deciding on those uses. He said he was leaning toward saying “no” to this request. Mr. Gagnon asked if certain types of medical uses can be defined, specifically those for people who traditionally do or don’t need transit (e.g., orthopedic). Mr. Klugo asked if there has been consideration as to whether the city wants medical uses there. If so, what would the density look like. Ms. Ostby observed that north of 189 seems like a completely different area than south of it. Mr. Klugo said that Tilley Drive has a lot of underutilized property. Ms. Louisos said the area under discussion seems very different to her than the Tilley Drive area. It is not on the bus route. She noted that she was on the Planning Commission when the Transit Overlay District was created, and there had been public complaints regarding medical offices that were not accessible. 3 Mr. Conner identified the area under consideration on the map. He pointed out the residential area south of it as well. Mr. Gagnon also noted that the Commission established a work plan, and this was not part of that plan. He felt that if the Commission takes the up in a serious way, it would have to “bump” something else. Mr. Klugo also noted the citizen Cider experience which took up considerable time and didn’t come to pass. Mr. Conner suggested that if the Commission wants to explore this, he suggested they spend time looking at impacts and also the options to bring transit to the area. He felt this would be a very involved discussion. Ms. Ravin, former chair of the Natural Resources Committee, noted that Committee reviewed proposals when Tilley Drive development was being considered. She said they didn’t know these would be medical uses. They did note that every parcel was completely covered, with no open space. They were told by developers that they “thought” they needed all the parking, even though it was more than required. They also discussed a sidewalk to the main road for people using transit. At that time, people treated the Natural Resources Commission’s concerns as “naïve” and “annoying.” Staff said they couldn’t even talk about transit because they were a natural resources board and not a transit board. Then, as soon as medical offices went it there, there were transit issues, and there were no sidewalks in the original plans. Ms. Ravin said that land use and transportation are linked. You can’t have medical care if you can’t get there. She also noted that a lot of medical offices that used to be on Dorset Street, where there is public transit, moved to Tilley Drive where there was no transit. Mr. Riehle then moved to consider adding to the request for medical offices in the Industrial-Open Space District outside the Transit Overlay District to the work plan and to have staff bring information to the next meeting to enable the Commission to make that decision. Mr. Klugo seconded. In the vote that followed, the motion was defeated 2-4 with Ms. Louisos, Ms. Ostby and Messrs. MacDonald and Riehle voting against. 6. Review of Draft Urban Design Overlay District Standards: Mr. Conner said staff was asked to follow-up for the section from Shaw’s north. People from Burlington felt that what they are seeing there is in scale with what is appropriate for a busy road that is an entry point to both communities. Mr. Conner also noted that there has been an Act 250 decision regarding the Larkin development on Shelburne Road. He has not yet had a chance to review that decision. Ms. LaRose noted there was concern from developers about counting such things as elevator shafts as “height.” Elevator shafts will not be counted. Regarding landscaping, Ms. LaRose said they have addressed the question of “buffer landscaping” using up all the landscaping budget. The regulations will now require on-site landscaping in addition to 4 “buffer landscaping.” If a building is to be 50 feet back from the right-of-way, there will have to be some landscaping up front. Members then considered the area where McDonalds is located and questioned whether that one-story building should drive what goes in around it. Mr. Klugo said that is not his intention. Ms. Ostby said she opposes anything 5 stories high on the west side of Shelburne as it would block sunsets, etc. from the east side. Mr. Gagnon said that would depend on the nodes. He felt there are some intersections where that would be OK. Ms. Ostby said it isn’t only seeing the Lake, it’s the open sky. Mr. Klugo said if the nodes are a quarter of a mile apart, the 5 story buildings would be that far apart. That was the intent. It is also a way to get people to slow down and to have more pedestrian involvement. Mr. Riehle said they have to visualize where there is no view anyway. Ms. Ostby cited a resident on a first floor who can now see sunsets and the mountains. Mr. Klugo said you have to consider the total experience and not just an individual owner. Mr. Conner noted that Shelburne Rd. is a primary area for jobs, etc., because it has sewer, transit and other necessities to support employment. There are points on that road that have been under-utilized. Ms. LaRose said staff will continue to work on this. 7. Review Recommendations from Williston Road Network Study: Mr. Conner noted the map that resulted from David Saladino’s presentation. The feeling is that the road network will work even if Marcotte School remains for many years. Developers were asked what makes for a good development block. There was a lot of support for transit but also concern with converting parking into a roadway (Mr. Conner showed that location). Mr. Conner said that in Form Based Code, there are primary and secondary streets. With a primary street, 80% of the street needs to have buildings on it; with a secondary street, that figure is 50%. The consultant has suggested adding 2 more tiers: a third tier (Mr. Conner showed the location) with a formalized curb on both sides with no requirement for buildings, and a fourth tier just for interconnections between buildings. Mr. Conner noted that a lot of property owners did not to “just throw in” a median on Williston Road. They were supportive of traffic lights to create a safe place for left turns and then working on closing some curb cuts. Mr. Klugo cited the need for trees on Williston Road. Mr. Conner showed the location of a secondary connection road which property owners support. 5 As a next step, staff would like to share this with the South Burlington Business Association. Then they can take the information and draft amendments to the code. The goal is to use the finished product to amend the official city map. 8. Possible warning of public hearing and approval of draft report on amendment to allow Radio/TV studios in the Industrial-Open Space district: Ms. Ostby asked about apparatus behind the buildings. Mr. Conner said that is already addressed in the regulations. Mr. Gagnon moved to warn allowing Radio/TV Studio Use in the Industrial-Open Space district for public hearing on 10 October 2017, 7 p.m. Mr. MacDonald seconded. Motion passed unanimously. Mr. Gagnon then moved to accept the draft Report from staff. Mr. Klugo seconded. Motion passed unanimously. 9. Commission feedback on FY 2019-28 City Capital Improvement Plan: Mr. Conner explained how impact fees are used and where in the process they are used. Mr. Riehle asked about the soccer field at South Village. Mr. Conner said the Recreation Department is thrilled with that. He explained the arrangement with South Village and that the number of units now triggers design and construction of the field. Mr. Riehle noted the improvement at the Van Sicklen intersection and asked whether sidewalks are included. Mr. Conner said now is the time to start adding such things. Mr. Riehle said a lot of people are walking there, and that neighborhood is disconnected from the rest of the city. He felt a sidewalk should be included in any work on the intersection. Ms. Ostby asked about redoing the Swift/Spear intersection. Mr. Conner said design will be done is this fiscal year with construction in 2020. Ms. Ostby noted that the sewer line ends at 1331 Spear St. She thought that while construction is going on, the city could consider extending that line. Mr. Conner said Spear Street reconstruction is not due until 2023, but he would talk with Public Works about that. Mr. Conner noted that he met with the Bike/Ped Committee recently regarding the number of budgets involved. They have also been asked to maintain a “human resources” budget addressing how to project future needs. This all determines how bike/ped projects get done: components are funds to construct and staffing to oversee design and construction. Mr. Riehle felt that impact fees should be reconsidered. Mr. Conner noted that there is the ability to vary fees (e.g., for affordable housing). 10. Minutes of 22 August 2017: 6 Mr. Gagnon moved to approve the Minutes of 22 August as written. Mr. MacDonald seconded. Motion passed unanimously. 11. Other Business: a. Velco 45-day pre-application notice Queen City Park (South Burlington) and East Avenue (Burlington) substation modification: Mr. Conner explained the work being done. In South Burlington the work will address safety standards by expanding the fencing to keep squirrels out. There will be a public meeting in Burlington on 19 October on both projects. Abutters have been notified. b. UVM Land update: Ms. Louisos noted that the Commission was copied on a Land Trust proposal to UVM. VUM is now evaluating proposals. Staff made no recommendations but suggested it be looked at in connection with other UVM land and surrounding zoning. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:32 p.m. ___________________________________ Clerk SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 29 SEPTEMBER 2017 1 The South Burlington Planning Commission held a special meeting on Friday, 29 September 2017, at 11:00 a.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair (by telephone); T. Riehle (by telephone), D. Macdonald (by telephone), M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; M. Mittag 1. Directions on emergency evacuation procedures from conference room: Mr. Conner provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Consider and possible approve candidate projects for 2018 Vermont Municipal Planning Grant application Mr. Conner indicated that as described in the packet memo, staff had evaluated several options for Planning Grants and, upon review, is recommending an application to support planning & establishment of standards for underground utilities in City Center. The application would be for up to $20,000, with a local match of $6,000. Mr. Macdonald asked whether this would relate to efforts by the Planning Commission to update the Official Map. Mr. Conner indiciated that it is possible that this project could result in requirements within the official map for certain utilities, or they may be a separate policy. Mr. Riehle moved to approve this proposal and recommend the City Council approve the grant submittal as presented. Mr. Macdonald seconded. Motion approved 4-0. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 11:08 a.m. ___________________________________ Clerk SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 10 OCTOBER 2017 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 10 October 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, D. Macdonald (via telephone), M. Ostby ALSO PRESENT: P. Conner, Director of Planning and Zoning; J. Weith, F. Kochman, S. Dopp, R. Greco 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: Agenda items 7, 8, 9, and 11 were postponed until a future meeting. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: There were no announcements. 5. Public Hearing on possible amendment to the Land Development Regulations: a. Allow Radio/TV Studio as a Permitted Use in the Industrial Open Space District: Ms. Louisos moved to open the public hearing. Mr. Riehle seconded. Motion passed 4-0. Mr. Conner noted that this use is similar to other uses in the I-O District. Mr. Weith said he represents the company that is interested in building a new broadcast studio in this district. They like the location and also the physical aspects of the site (direct connection to the tower on Mt. Mansfield). There were no Commission of public comments. Mr. Riehle moved to close the public hearing. Ms. Ostby seconded. Motion passed 4-0. 6. Consider possible modifications and approval of draft Land Development Regulations accompanying Planning Commission report and submittal to City Council: Mr. Riehle moved to approve the amendment to the Land Development Regulations and accompanying Planning Commission report as presented and to submit them to the City Council. Ms. Ostby seconded. Motion passed 4-0. 7. (previously #10) Staff Update on the PUD project and related underlying zoning amendments: 2 Mr. Conner noted the Commission is working on changes to the LDRs as to how PUDs work and also creating a variety of PUD types. Some structural changes are needed to make PUDs more useful and to create more clarity and efficiency. Mr. Conner noted that staff had met with the consultants last week and will be dealing with some changes over the next few weeks. These include: a. Street types – will consolidate various types of streets and indicate which ones are appropriate in which area b. More specificity on open space and what needs to be included (as in the Form Based Code district) c. Housing types – which types of housing are appropriate in different areas. Ms. Ostby suggested adding congregate housing to the housing types. Mr. Conner said they will look at that. Mr. Conner noted the possibility of a large property having more than one type of PUD on it, depending on what abuts against it in various parts of the property (he cited the Hill property as an example). Mr. Conner also noted that members of the DRB will be coming in at the next meeting to discuss footprint lots. 8. (previously #12) Consider proposed street names in South Village, Phase IIIB – Stafford Street and Douglas Street: Members felt that the street should have only one name all the way through. Mr. Conner said the developer was OK with that. Mr. Riehle moved to accept Stafford Street in Phase IIIB of South Village. Ms. Ostby seconded. Motion passed 4-0. 9. Other Business: a. Colchester Planning Commission public hearing on zoning/subdivision amendments, 7 November 2017: Mr. Conner provided a brief explanation. No action was required. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 7:16 p.m. ___________________________________ Clerk