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HomeMy WebLinkAboutMinutes - Planning Commission - 07/09/2019SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 9 JULY 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 9 July 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair (by phone); B. Gagnon, Acting Chair; T. Riehle, M. Ostby, M. Mittag, A. Klugo, D. Macdonald ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; T. McKenzie, T. Barritt, C. Snyder, S. Dopp 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon 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. Ostby noted that UVM will be spraying at Swift and Spear with Roundup. They are looking at a non- Roundup product for next year. Ms. Ostby also noted that on Community Watch, a resident reminded people that trees can’t exceed a certain height in View Protection Areas, and there are some that have exceeded that height. Mr. Riehle questioned whether the Commission is on schedule with regard to Interim Zoning due to summer cancelations. Mr. Conner said the new regulations won’t be in place in August but possibly 3 months later. Strong progress is being made. Mr. Conner drew attention to the written staff report. He highlighted the new electronic access to all Planning Commission files. 5. Discuss City Center Portion of Official Map: A. Provide feedback to City Council on possible initiation of acquisition of property pursuant to 24 V.S.A. 442(5) – Official Map B. Discuss possible amendments to City Center Official Map Mr. Gagnon noted the Commission had had some executive sessions on this issue. 2 Mr. Klugo noted the Form Based Code Committee was to come back with recommendations; however, the sub-committee hasn’t met. Their previous meeting has been rescheduled for next Monday. They will then make a recommendation. The feeling is that a street is not appropriate there, but nothing more has been flushed out. Mr. Klugo noted that because of time constraints, they must get something to the Council soon. Mr. Macdonald said the Council asked a specific question. He felt the Commission should give them an answer sooner rather than later and deal with the official map after that. Mr. Conner reminded the Commission that if the City Council decides not to purchase the land, the proposed project will be re-reviewed by the DRB without regard to the official map, and that section of roadway will disappear from the map. Mr. Klugo said the Form Based Code Committee wants to be sure that north-south connectivity is not being eliminated. Ms. Louisos cited the importance of knowing how this will affect City Center as a whole. She noted that block size and connectivity has so much to do with the success of City Center. Mr. McKenzie stressed that the application that was denied was only for the storm ponds. They are not asking for anything else. Mr. Klugo said that is understood, but when that road comes off the map, the impact to City Center can’t be ignored. Ms. Ostby noted that the road could never have been built in the place where it was indicated on the map. Mr. Mittag added that the layout of City Center was all theoretical when the roads were laid out. Mr. McKenzie said they want connectivity and fully anticipate having connectivity but not as a $500,000 project. Ms. Ostby then moved that the Planning Commission advise the City Council not to move forward with purchase of the land under consideration. Mr. Mittag seconded. The motion passed 4-3 with Ms. Louisos and Messrs Klugo and Riehle voting against. Mr. Gagnon said the Commission won’t work on the official map at this meeting. He felt the Commission should let the Council know its concerns regarding connectivity. Ms. Ostby said that was the reason for the close vote. Mr. Gagnon suggested putting it on the next agenda and possibly getting some pre-meeting information. Mr. Klugo said he would try to get notes from the Form Based Committee meeting to members ahead of the Commission meeting as well. Mr. Conner reminded members that the sub-committee meetings are open to the public. He also noted that if 4 members attend, it must be warned as a Planning Commission meeting. 6. Consider warning public hearing on possible Land Development Regulations amendments and consider approval of draft Report: 3 a. LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi- family housing and accessory dwelling units, for which parking requirements are to be reduced Mr. Macdonald questioned how this will affect retailers. Mr. Conner said there would be no minimum. Experience is that many retailers are unconcerned with meeting the minimums. There are consequences either way but more negatives than positives with minimums. Mr. Conner noted that the City Attorney has done a preliminary review and found no “red flags.” If any issues arise at the public hearing, amendments can be made. Ms. Ostby asked about design requirements for parking structures, particularly when they are adjacent to residential areas. Mr. Conner said this change won’t dramatically increase the likelihood of a parking garage in the near future. Mr. McKenzie suggested a reduction rather than an elimination of parking spaces. He cited the issue of a neighbor using up all of your parking spaces because they didn’t put in enough. Ms. Ostby noted that one “carrot” for providing affordable housing has been to reduce parking requirements. Now that will be taken away. Mr. Klugo said the city is trying to encourage joint/shared parking arrangements. Mr. Conner noted that today both adjoining businesses need to show they have adequate parking and obtain approval in order to share parking. Very few businesses want to do that today. Under the proposed change, with no minimum, they could just sign an agreement with a neighbor. Mr. Gagnon said the flip side of that is the neighbor might not build any parking and just use yours. Members agreed to see what input they receive at the public hearing and make changes, if needed. b. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes: Mr. Conner said the new language mirrors today’s policy. Language was added to include an allowance for an affordable housing bonus. Mr. Mittag asked why this is being done now when the whole thing is being reviewed by the Interim Zoning TDR committee. Mr. Gagnon said it just provides language to address the legal ruling. Mr. Barritt urged the Commission to move forward with the amendment. c. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Floor Plain Overlay District: 4 Mr. Conner noted this amendment addresses hazards where a river may “move.” It adds some critical facilities that can’t be in the 500 year flood plain (e.g., nursing homes, senior housing). No issues were raised. d. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District: Mr. Conner said the amendment removes standards for construction within 150 feet of the Lake because State regulations address this. The second part allows for expansion of pre-existing structures within 100 feet of Potash Brook within the Queen City Park District. Mr. Conner noted that only 3 buildings are affected by this, but they likely would not be allowed to expand anyway because of other regulations. All have very steep slopes on the back side. Mr. Conner asked whether the Commission would like to proceed with the removal of this allowance within 100’ of Potash Brook in the QCP district. Commissioners concurred that they would like to see this section removed. No issues were raised. e. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans and allow for a joint administrative approval and zoning permit; minor technical corrections: No issues were raised. f. LDR-19-06: Modify table of open space types (Appendix F) and applicability n the City Center Form Based Code District: Ms. LaRose noted there are new open space types. The Commission would look at this again when PUD standards come back. Mr. Snyder noted the Form Based Code Committee has been reviewing this but has not provided any recommendations. Ms. LaRose said the Planning Commission has been reviewing it for 9 months. It provides much better opportunities. Mr. Klugo added that he did not expect the FBC Committee to weigh in on this subject as the amendments had already been drafted by the Planning Commission. Input is welcome as part of the public hearing. g. LDR-19-07: Modify landscaping requirements for parking areas with solar canopies citywide: Mr. Conner said this would modify the landscaping requirements for parking areas with solar canopies. Mr. Riehle said he is torn: he likes green space so there aren’t massive paved over areas, but he also likes the solar canopies. Mr. Conner said this would apply only to areas where there are solar canopies. 5 Mr. Klugo was concerned that with solar canopies a parking area could be very dark. Ms. Ostby said she would like to see perimeter trees required as a “middle ground.” She also wanted parking garages to be required to have solar on top. Members agreed to remove this item from the amendments going to public hearing. Mr. Macdonald then moved to warn the first six amendments for public hearing on 13 August, 7:00 p.m., and to approve the accompanying report. Mr. Riehle seconded. Motion passed unanimously. 7. Planned Unit Development/Master Plan/Subdivision standards: a. Review detailed outline of conservation PUD type b. Review table of proposed PUD applicability by zoning district Mr. Conner noted that in the NRP, if you have more than 100 acres, you can build one building on 10 acres. This would make that a PUD. Ms. LaRose noted this is an 80% draft. Staff is working with the consultant to develop a sheet like this for each PUD type. Members felt the left side of the outline was easy to understand, but the right side was confusing. Mr. Riehle noted that under “accessory structures,” there are cases where there is an L-shaped garage. Mr. Klugo said this can result in a nice forecourt. Mr. Riehle also questioned why a garage should be set back 8 feet if a house is 300 feet from the road. Ms. LaRose said they will look at that. Ms. LaRose noted there are places other than the Southeast Quadrant (SEQ) where there are important resources (e.g., the area behind Tree Tops Condos), and those could have been under these standards. Mr. Conner noted that is why staff is bringing in changes to underlying zoning. Mr. Klugo suggested there could be organization by “sub-groups.” Mr. Conner asked to postpone discussion of “b.” 8. Report from Committee/Working Group Liaisons: Open Space Committee: Mr. Gagnon reported that they met last week and have had a couple of public hearings. The public thought the rating criteria were good. They are now finalizing ratings for the next meeting and are beginning to discuss their report. This will be done quadrant by quadrant. Mr. Klugo suggested giving members of the public the criteria and see how they rate some parcels. 6 Form Based Code Committee: Mr. Klugo said they will be meeting next Monday and will take up the next steps regarding the official map and other issues raised by the public. They will then hold public hearings. Natural Resources: Ms. Louisos said Allan Strong has been working with them and they have had input regarding forest blocks, habitats, etc. They are now looking at those differently from other forest lands. Mr. Klugo asked Mr. Mittag if there can be a draft from the TDR Committee. He didn’t get the sense of a mechanism for a workable TDR program. He felt that what he has seen is more of an environmental protection document. Mr. Mittag said the committee will not be providing a draft TDR ordinance. 9. Minutes of 11 June 2019: Mr. Riehle moved to approve the minutes of 11 June as written. Mr. MacDonald seconded. Motion passed unanimously. 10. Other Business: Members agreed to hold the next meeting on 23 July. Ms. Louisos will be available by phone. Ms. Ostby will chair. Ms. Ostby noted that congregate housing does not count as “residential density.” The affordable housing committee will attempt to clarify some issues regarding congregate housing. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:15 p.m. Minutes approved by the Planning Commission July 23, 2019