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HomeMy WebLinkAboutMinutes - Planning Commission - 10/22/2019SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 22 OCTOBER 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 22 October 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: M. Ostby, Acting Chair; T. Riehle, M. Mittag, A. Klugo, D. Macdonald ALSO PRESENT: P. Conner, Director of Planning and Zoning; Rep. J. Killacky, L. Nadeau, A. Chalnick, S. Dooley, J. Simson, T. McKenzie, A. Gill, P. O’Brien, E. Langfeldt, T. Hess, K. Lord, P. DeMichele, R. Gonda 1. Directions on emergency evacuation procedures from conference room: Ms. Ostby 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 the City Council has named October of Domestic Violence Awareness Month. Ms. Ostby noted receipt of a letter from Helen Head regarding the need for affordable housing for victims of domestic violence who otherwise could not stay in the city. Mr. Conner’s staff report was submitted in written form. 5. Public Hearing on Amendments to the Land Development Regulations: a. LDR-19-08: Reduce first story minimum window heights & establish privacy standards in FBC T4 District b. LDR-19-09: Modify City Center Open Space locational criteria and options c. LDR-1910: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district d. LDR-19-11: Reduce size of reserved width for future buildings in FBC T3 and T5 districts e. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts f. LDR-19-14: Expand allowances for Cultural Facilities, Indoor Theaters, Artist Production Studios, and Community Centers within C1-R15, C1-R12, and C1-Audo Zoning districts Mr. Mittag moved to open the public hearing. Mr. Macdonald seconded. Motion passed 5-0. 2 Mr. Conner noted that no public comment had been received prior to the meeting. Mr. Conner said 5 of the amendments come from the Form Based Code sub-committee. Number LDR- 19-14 is unrelated and is normal “cleaning up” regulations. These uses are currently not allowed in the indicated zones, and staff recommends they should be. There have been a few technical edits after legal review but no policy changes. Ms. DiMichele asked what the FBC area is and what is “hardscape.” Mr. Conner explained the Form Based Code area. He Also explained the nature of landscape budgeting this area where there is a limited amount of space. Hardscape allowed as a portion of landscaping for such things as decorative benches, art, etc, which add value to the property but are not necessarily “green.” Mr. McKenzie noted that Appendix F has already been warned. He suggested it would be good to have that passed at the same time as changes to open space. Mr. Macdonald said the hope is to have that with the next round. There was no further public comment. Mr. Riehle moved to close the public hearing. Mr. Mittag seconded. Motion passed 5-0. 6. Possible Action to Approve and submit proposed amendments and Report to City Council: Mr. Mittag moved to approve amendments #08 through #12 and #14 and submit them to the City Council with the Report. Mr. Macdonald seconded. Motion passed 5-0. 7. (formerly #10): Minutes of 24 September 2019: Mr. Riehle moved to approve the Minutes of 24 September 2019. Mr. MacDonald seconded. Motion passed 5-0. 8. Consider and possibly recommend minor changes to City Center portion of Official Map for a roadway segment on the north side of Williston Road near Dorset Street: Mr. Conner said that State law allows minor changes to be approved upon receipt of Planning Commission and City Council approval. He showed where the line currently exists and where it will be moved to. It straddles 2 property lines, and both property owners have agreed to the change through a property deed. Staff has no concerns. Mr. Conner also explained how the intersection will be cleaned up. He showed a plan of that intersection and how Dorset St. will be aligned as much as possible. This design is still being worked on. Mr. Gonda asked if the connection to White Street is a long-term plan. Mr. Conner said it is. 3 Mr. Mittag moved to approve the minor change to the City Center portion of the Official Map as presented. Mr. Riehle seconded. Motion passed 5-0. 9. (formerly #7) Review and consider warning public hearing on proposed amendments to the Land Development Regulations and Associated Report: a. LDR-19-13: Modify and extend Inclusionary Zoning requirements to encompass all lands within the Transit Overlay District and portions of land north of I-89 in the vicinity of Hinesburg Road & Old Farm Road; modify income eligibility in Affordable Housing Density Bonus standards: Mr. Conner drew attention to letters received from the public. These will be included in the Minutes. Mr. Simson said that since the last time the Affordable Housing Committee presented this proposal, they have had a lot of input from CHT, developers, etc. They are trying to make it advantageous to both buyers and developers and want to be sure there is an adequate inclusion of housing for working families. The proposal now is that in development of 12 or more units, for rental property, what the Commission saw before remains. It is design for people at 80% or below median income. For each unit, the developer would get an additional offset unit. For homebuyers, the home price must be set at a price that a buyer at 80% of median income can afford, but the buyer can be at up to 100% of median income. 10% of the homes must be affordable, and the developer would get 2 offset units for each affordable home. Mr. Riehle applauded the incredible effort. He said he fully supports this in parts of the city other than the Southeast Quadrant where 40 units could become 60. Mr. Simson said that they have not addressed anything beyond the 2 areas noted in the amendment. With Interim Zoning still in effect, it is not yet resolved where open space is mandated and what will be left for development. The committee’s job will be to design an inclusionary plan, and the Commission will have the opportunity to help design this. Ms. Dooley noted that the committee mimicked the current rules with what is now proposed. Mr. Klugo said it feels like they are going down the path of “no growth” in the Southeast Quadrant. He noted receipt of a letter from a resident who could have bought in an area of the city already developed but chose to build on a “piece of dirt.” Ms. Ostby noted that density may not always be offset, and it could be a win-win for everyone. She felt this was a starting point, to go from City Center to the Transit Overlay District. Mr. Conner said there could be 2 different LDRs so there is transparency regarding the change outside the Transit Overlay District. Mr. Riehle asked who would oversee this process. He noted that Burlington has a person who oversees all apartments. Mr. Conner said they do anticipate the expansion of Inclusionary Zoning will be 4 additional administrative work, and they have begun options for this to be sure it is done properly. There is a possibility of a rental registry in the future. Ms. Lord asked if people in affordable units are re-assessed to be sure they still meet the rules. Mr. Conner said there is verification only when the person gets the unit. They would not be re-assessed if they got a better job. This is not done anywhere in the country because rentals turn over within a few years anyway. Ms. Dooley noted that with subsidized units (which these would not be) there is an annual evaluation. Mr. Simson stressed that this is an arrangement between a private developer and a tenant/buyer, and it would be an invasion of privacy to dig into that. Mr. Klugo noted that all the other people in the development would be subsidizing the affordable units, so it is not strictly speaking a one-to-one relationship. Mr. O’Brien noted that checking income every year would disincentivize someone to get a better job. Ms. DeMichele noted that a number of people living in The Pines are in a Section 8 apartment. She felt affordable housing is needed to get more families into the city and keep the schools afloat. She felt that families are now moving to Milton and other communities where they can afford to live, and South Burlington is losing its tax base. Rep. Killacky said affordable housing is a major topic of conversation in Montpelier this year as it is a state-wide crisis. He added that others in Montpelier support this proposal. Mr. Langfeldt agreed with the need for affordable housing, but he felt “the devil is in the details.” He cited the need to consider what the offsets are and to consider that they have to look at other things which are increasing the cost of housing. He suggested the possibility of a “tool box” of options for the developer. Mr. Simson noted they did attach information indicating their willingness to engage in that discussion. Mr. Klugo stressed that this is not “affordable housing” in the traditional sense. It is workforce housing for people who want to come into the city. Mr. Simson said the real goal is to have more housing. Mr. Gill said he felt they can provide insight into this process and was concerned that they have not yet been brought into the process. Mr. Klugo said their comments and suggestions would be welcome at the public hearing. Mr. O’Brien said he met with the Committee this morning. He applauded them for bringing this to 100% of median income. He outlined a few of their concerns including the formula for resale, the definition of gross floor area, and the need for buyers/renters to be able to afford taxes, homeowners association fees, insurance, etc. 5 Mr. Mittag then moved to warn a public hearing on proposed amendment LDR-19-13 for10 December 2019, 7 p.m. to be divided into two parts: Inclusionary Zoning for the Transit Overlay District and changes outside the Transit Overlay District related to density bonus, alongside the Planning Commission Report. Mr. Macdonald seconded. Motion passed 5-0. 10. Discuss Recommendations of TDR Interim Zoning Committee: Mr. Conner suggested that due to the late hour, the Commission move this to a future agenda. Members agreed. 11. Other Business: a. Pre-application notice, AT&T Wireless proposed 34’ telecommunication pole, 255 Quarry Hill Road: Mr. Conner noted they have now moved the pole out of the Camel’s Hump view. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:02 p.m. Minutes approved by the Planning Commission November 12, 2019