HomeMy WebLinkAboutAgenda - Planning Commission - 01/12/2021South Burlington Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4106
www.sburl.com
Meeting Tuesday, January 12, 2021
7:00 pm
IMPORTANT:
This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and
members of the public are invited to participate either by interactive online meeting or by telephone.
There will be no physical site at which to attend the meeting.
Participation Options:
Interactive Online Meeting (audio & video): https://www.gotomeet.me/SBCity/pc-2021-01-12
Telephone (audio only): (408) 650-3123 Access Code: 220-586-637
AGENDA:
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:06 pm)
4. *Energy Committee proposal for requirement of Solar-Ready Roofs on new buildings subject to the
Vermont Commercial Building Energy Standards (7:10 pm)
5. *Planning Commission work session with Sharon Murray of Front Porch Community Planning & Design:
Draft Amendments to the Land Development Regulations: (7:40 pm)
a. Planned Unit Development General Standards First Draft
b. Traditional Neighborhood Development PUD Type Initial Draft
6. *Minutes: December 8, 2020 (9:20 pm)
7. Adjourn (9:22 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Meeting Participation Guidelines
1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings
to ensure that everyone has a chance to speak and that meetings proceed smoothly.
2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to
engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an
item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try
to call on each participant in sequence.
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4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making
sure everyone is heard and sufficient time is available for Commission to conduct business items.
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interrupt others when they are speaking.
7. Make every effort not to repeat the points made by others.
8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before
speakers address the Commission for a second time.
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Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and sway public opinion on the matter.
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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: Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: January 12, 2020 Planning Commission meeting
1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:10 pm)
Staff Report:
• If you’re not currently receiving the bi-weekly City Newsletter via email, staff strongly urges you to
sign up by contacting Andrea Leo at aleo@sburl.com
• On December 21, staff provided an update to the City Council on the update to the City’s
Transportation Impact Fees. The presentation is posted to our website and can be viewed via CCTV
online.
• On December 21, staff also discussed the South Burlington Land Trust’s proposal regarding the City’s
sewer ordinance; Council had requested staff perform an initial review and legal assessment. The
presentation is posted on our website and can be viewed via CCTV online.
• Staff met with the Affordable Housing Committee to discuss the newly-passed state legislation
related to Accessory Dwelling Units and a few other housing-related items. The Committee
provided staff with feedback and we will be preparing a draft amendment to the LDRs for their
discussion, which they would then provide to the Commission.
• Overall PUD project status:
o Environmental Protection Standards: Staff is working with Taylor Newton from the CCRPC as
well as folks from the VT Agency of Natural Resources for a review of Articles 10 & 12 as
discussed with the Commission last month. Taylor will return to the Commission with
feedback at your January 26th meeting. We’re also developing the mapping as requested
related to wetlands and stream buffers.
o Staff is preparing summary memos and a series of FAQs to accompany the amendments that
the Commission is advancing, including Subdivisions, Master Plan, Environmental Protection
Standards, Planned Unit Development, and related amendments. These will accompany the
public outreach on the amendments per the Commission’s request.
o Staff is preparing the various “related” amendments, which we hope to provide to the
Commission asap so as to have the full packet out for public review.
4. *Energy Committee proposal for requirement of Solar-Ready Roofs on new buildings subject to the
Vermont Commercial Building Energy Standards (7:10 pm)
2
Members of the Energy Committee will make a presentation to the Commission about a possible
requirement for solar-ready roofs. We’re also invited Barry Murphy from the Vermont Department of Public
Service to attend and answer Commissioners’ questions. Mr. Murphy was one of the panelists who met with
the Commission back in 2015 to discuss the possible requirement for new building to comply with the VT
Stretch Energy Code, which was adopted in 2016.
5. *Planning Commission work session with Sharon Murray of Front Porch Community Planning & Design:
Draft Amendments to the Land Development Regulations: (7:40 pm)
a. Planned Unit Development General Standards First Draft
b. Traditional Neighborhood Development PUD Type Initial Draft
See enclosed memo & drafts!
6. *Minutes: December 8, 2020 (9:20 pm)
7. Adjourn (9:22 pm)
-US National Climate Assessment 2018, US Global Change Research Program
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APPENDIX CA SOLAR-READY ZONE—COMMERCIAL
SECTION CA101
SCOPE
CA101.1 General.
These provisions shall be applicable for new construction where solar-ready provisions are required.
SECTION CA102
GENERAL DEFINITION
SOLAR-READY ZONE.A section or sections of the roof or building overhang designated and reserved for the future installation of a solar photovoltaic or solar
thermal system.
SECTION CA103
SOLAR-READY ZONE
CA103.1 General.
A solar-ready zone shall be located on the roof of buildings that are five stories or less in height above grade plane,and are oriented between 110 degrees and
270 degrees of true north or have low-slope roofs.Solar-ready zones shall comply with Sections CA103.2 through CA103.8.
Exceptions:
1.A building with a permanently installed,on-site renewable energy system.
2.A building with a solar-ready zone that is shaded for more than 70 percent of daylight hours annually.
3.A building where the licensed design professional certifies that the incident solar radiation available to the building is not suitable for a solar-
ready zone.
4.A building where the licensed design professional certifies that the solar zone area required by Section CA103.3 cannot be met because of
extensive rooftop equipment,skylights,vegetative roof areas or other obstructions.
CA103.2 Construction document requirements for a solar-ready zone.
Construction documents shall indicate the solar-ready zone.
CA103.3 Solar-ready zone area.
The total solar-ready zone area shall be not less than 40 percent of the roof area calculated as the horizontally projected gross roof area less the area covered
by skylights,occupied roof decks,vegetative roof areas and mandatory access or set back areas as required by the International Fire Code.The solar-ready
zone shall be a single area or smaller,separated sub-zone areas.Each subzone shall be not less than 5 feet (1524 mm)in width in the narrowest dimension.
CA103.4 Obstructions.
Solar ready zones shall be free from obstructions,including pipes,vents,ducts,HVAC equipment,skylights and roof-mounted equipment.
CA103.5 Roof loads and documentation.
A collateral dead load of not less than 5 pounds per square foot (5 psf)(24.41 kg/m2)shall be included in the gravity and lateral design calculations for the
solar-ready zone.The structural design loads for roof dead load and roof live load shall be indicated on the construction documents.
CA103.6 Interconnection pathway.
Construction documents shall indicate pathways for routing of conduit or piping from the solar-ready zone to the electrical service panel or service hot water
system.
CA103.7 Electrical service reserved space.
The main electrical service panel shall have a reserved space to allow installation of a dual-pole circuit breaker for future solar electric installation and shall be
labeled “For Future Solar Electric.”The reserved space shall be positioned at the end of the panel that is opposite from the panel supply conductor
connection.
CA103.8 Construction documentation certificate.
A permanent certificate,indicating the solar-ready zone and other requirements of this section,shall be posted near the electrical distribution panel,water
heater or other conspicuous location by the builder,registered design professional or design professional.
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575 Dorset Street South Burlington, VT 0 5403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Draft Planned Unit Development (General) Standards
Traditional Neighborhood Development (TND) PUD Standards
DATE: January 12, 2021 Planning Commission meeting
Enclosed, per the outlines provided last year and the Commission’s guidance last fall, are the draft Planned
Unit Development General Standards and Traditional Neighborhood Development specific requirements. Still
to come, following Commission feedback on the TND-specific standards, will be the Neighborhood
Commercial District (NCD) and Conservation PUD specific requirements.
These chapters, like the Master Plan & Subdivision chapters, are shown as a complete replacement of the
existing LDR chapters. There’s a note at the top of page 1 indicating that text is italics is new or substantially
altered, and text in regular font is unchanged or very similar to current text.
Sharon Murray of Front Porch Community Planning & Design will attend the meeting in order to provide an
overview of the standards, pose key questions she has for the Commission, and respond to questions or ideas
from Commissioners.
For ease of use (so you don’t have to flip back and forth between this memo and the draft), our key questions
for the PC are directly in the text. Notes are in black, key questions are in blue.
The TND draft includes permitted street, building type, and open space types, as well as an allocation of land
use types; this will be a feature of each PUD type. Staff recommends that this be an area that is highlighted
for public input & feedback.
Meeting objectives:
1. Discuss and provide direction on key staff/consultant questions
2. Provide feedback/direction on any big-picture Commissioner-identified questions
Depending on direction received, the next draft could be ready for the Commission to solicit community
feedback on.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 1 of 11
15C PLANNED UNIT DEVELOPMENT 1
2
DRAFT IS PROPOSED AS A FULL REPLACEMENT OF CURRENT STANDARDS. TEXT IN ITALICS IS NEW OR 3
SUBSTANTIALLY MODIFIED FROM CURRENT REGULATIONS; TEXT IN STANDARD TEXT IS UNCHANGED OR 4
SUBSTANTIVELY THE SAME AS CURRENT REGULATIONS. 5
6
Key to Comments: 7
“Notes” are notes for readers 8
“For PC discussion” in RED are priority questions from staff/consultant 9
“For PC discussion” in BLUE are secondary questions from staff/consultant 10
11
15C.01 Purpose 12
15C.02 Applicability 13
15C.03 PUD Review 14
15C.04 General Standards 15
15C.05 Traditional Neighborhood Development 16
15C.06 Neighborhood Commercial Development 17
15C.07 Conservation Development 18
15C.08 Infill and Redevelopment 19
20
15C.01 Authority and Purpose [Currently 15.01, 15.02] 21
22
A. Authority 23
24
(1) The Development Review Board (DRB) has the authority under 24 VSA § 4417 to review, and 25
to approve, to approve with modifications and conditions, or to disapprove an application for a 26
Planned Unit Development (PUD). 27
28
(2) The DRB also has the authority to modify the Land Development Regulations in association 29
with PUD review, subject to the standards and conditions for Planned Unit Development under this 30
Article. In addition to modifications or waivers intended to accommodate site constraints under 31
Section 15A.XX of the subdivision regulations, this may also include modifications of underlying zoning 32
and subdivision regulations pertaining to blocks, building lots, allowed densities of development, and 33
the range and mix of allowed uses, , in return for more walkable and well-designed forms of residential, 34
mixed use and infill development, and the permanent conservation of important environmental 35
resource lands, as specified by PUD type. This may also include DRB review and approval of alternative 36
forms of compliance under PUD design standards, per Section 15C.04. 37
38
B. Purpose. The purpose of a Planned Unit Development (PUD) is to promote a more comprehensive, 39
unified and integrated form of planned development that may vary from the strict standards of underlying 40
zoning and subdivision regulations, in order to achieve stated community goals and objectives in 41
conformance with the Comprehensive Plan. Specifically, it is the intent under this Article to allow for types 42
of planned development, in locations appropriate to each type, that: 43
Commented [PC1]: (1) Note to PC: This
paragraph is intended to outline the areas
where a PUD may modify the underlying
zoning district, in accordance with the
standards of this Article and the PUD type
itself. It is not a general “waiver” authority in
and of itself.
Commented [PC2]: (2) Note to PC: Purpose
statement here helps guide what the City is
seeking to achieve via PUD.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 2 of 11
1
• Promote the most efficient and cost-effective use of land, infrastructure, facilities and services; 2
• Offer flexibility, within defined parameters, to best achieve the intended purpose, design and 3
function of a PUD within the context of a particular site and its surroundings; 4
• Exclude or conserve environmental resources identified for protection under Articles 10 and 12; 5
• Complement, connect and fully integrate new development with adjoining neighborhoods, 6
properties and uses; 7
• Foster more traditional forms of compact, walkable, pedestrian-oriented residential 8
neighborhoods and mixed-use development; 9
• Incorporate a well-integrated variety and mix of housing types that serve a range of incomes, ages 10
and household sizes. 11
• Incorporate transit-supportive types and densities of development along existing and planned 12
transit routes; 13
• Allow for viable forms of compatible infill and redevelopment in previously developed areas of the 14
City served by municipal water and wastewater systems; and 15
• Provide opportunities for energy-efficient development and redevelopment. 16
17
18
15C.02 Applicability 19
20
A. Floating Zone. For purposes of these Regulations, a Planned Unit Development (PUD) in its 21
application is considered an unmapped overlay zoning district or “Floating Zone” as applied to a particular 22
tract of land proposed for development. Eligibility for PUDs is enumerated in this Section A PUD is intended 23
to function as a more flexible, design-based zoning district in which conservation or form-based design 24
standards also apply to proposed development. Where PUD standards differ from underlying zoning 25
district, site plan, or subdivision standards, PUD standards shall apply. 26
27
B. PUD Types. The following types of Planned Unit Development are authorized under these 28
Regulations, subject to the associated provisions and standards of review for each: 29
30
(1) Traditional Neighborhood Development (TND) Section 15C.05 31
(2) Neighborhood Commercial Development (NCD) Section 15C.06 32
(3) Conservation Development (CON) Section 15C.07 33
(4) Infill or Redevelopment (IRD) Section 15C.08 34
35
C. PUD Type by Zoning District. The types of PUD allowed within an underlying zoning district are 36
specified by district under Table 15C-1. 37
38
Table 15C-1 PUD Types by Zoning District
PUD Type Underlying Zoning Districts
Note! In return for the flexibility and increases in density afforded Planned Unit Development projects
under this Article, it is expected that applicants and developers will adhere to higher standards of
subdivision, site plan, and building design.
Commented [PC3]: (3) Note to PC: This is
meant to say that PUDs can apply in various
places (eg, a Conservation PUD is an option
wherever a parcel over 2 acres in size has a
significant amount of natural resources).
Commented [PC4]: (4) Note to PC:
Additional PUD types could be added as time
allows, such as Campus.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 3 of 11
Traditional Neighborhood Development (TND)
R1-PRD, R1-LV, R2, R4, R7, Lakeshore, Allen Road,
Swift Street, C1-LR, R7-NC, SEQ-NR, SEQ-NRT, SEQ-
VR, SEQ-VC
Neighborhood Commercial Development (NCD) R12, All C1 Districts, C2, Allen Road, Swift Street,
R7-NC
Conservation Development (CON)
Any zoning district in which 50% resource threshold
is exceeded (see Section 15C.07); R1-PRD, R1-LV, R2,
Lakeshore, SEQ-NR, SEQ-NRT, SEQ-VR
Infill or Redevelopment (IRD) Applicable TND and NCD Districts (listed above);
other districts as specified by subtype
1
(1) All PUD types are prohibited within the City Center FBC District. [Current] 2
3
(2) All PUD types are prohibited within the SEQ-NRP Subdistrict; however any PUD type may serve 4
as a receiving area for the transfer of development rights from land within the SEQ-NRP Subdistrict if 5
allowed by the PUD type. 6
7
(3) The applicant may select any PUD type allowed within the underlying zoning district as 8
applicable to their project. 9
10
(4) A PUD that includes land in two or more underlying zoning districts must be an allowed PUD 11
type in each zoning district. In association with master plan or PUD approval, the DRB may, within the 12
area included in the PUD: 13
14
(a) Extend underlying district regulations, and associated PUD provisions, by up to fifty (50) 15
[100] feet in either direction of the zoning district line. 16
17
(b) Require a designated “Transition Zone” under Subsection 15C.04(E), within or along the 18
district boundary or the delineated PUD perimeter, as necessary to mitigate the impacts of 19
development on adjoining properties and uses. 20
21
B. Multiple PUDs. Multiple PUDs per tract may be allowed if the total tract acreage is sufficient to 22
accommodate the minimum buildable or conservation acreage required for each PUD type. These may 23
include different PUD types, as allowed within the underlying zoning district(s), to be developed in one or 24
more phases as part of an integrated whole under an approved master plan. 25
26
C. Noncontiguous PUD. A PUD may include noncontiguous tracts or parcels of land under single, 27
common [or separate] ownership that are identified for coordinated, complementary forms of 28
development under an approved master plan. 29
30
15C.03 PUD Review [Currently 15.02,15.03, 15.04 as applicable] 31
32
A. Required Planned Unit Development. PUD review and approval by the DRB under this Article is 33
required for any subdivision and development in which the total tract area includes a [contiguous] 34
Buildable Area of four (4) or more acres within any zoning district listed under Table 15C-1. 35
Commented [SM5]: (5) For PC discussion:
A.How should allowed uses be treated across
boundary lines of zoning districts where a PUD
type is permitted in both districts?
B.Building types?
C.For density, the PC had previously
determined that it should be blended across
the districts. Would that apply to minimum
density? (Reminder: max density in TND and
NCD are established by building type).
Commented [PC6]: (6) Note to PC: new
provision outside SEQ– could apply, for
example to UVM properties under their
campus master plan; allow for the transfer of
density within a noncontiguous Conservation
PUD in the SEQ; or accommodate off-site
mitigation/improvements—e.g., a
neighborhood park -- as applicable.
Commented [PC7]: (7) Note to PC:
recommend that the acreage thresholds for
required PUDs be for “buildable area” not just
parcel area. Helps assure the development has
enough size.
Commented [PC8]: (8) For PC discussion:
A.With new Subdivision & Master Plan
provisions, should a PUD still be required for
lots between 4 & 10 acres? Recommend
discuss Pros and Cons at meeting.
B. There may not be PUD types applicable to
all forms of development within these
districts.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 4 of 11
1
B. Elective Planned Unit Development. An applicant may elect PUD review, as allowed within 2
specified zoning districts, for the subdivision and development of any tract of land that includes a 3
buildable area of two (2) or more contiguous acres and qualifies as either: 4
5
(1) An Infill or Redevelopment PUD under Subsection 15C.08; or 6
(2) A Conservation PUD under Subsection 15C.07, in which 50% or more of the total tract area is 7
included in one or more Hazard, Level I or Level II environmental resource areas identified for 8
protection under Articles 10 and 12. 9
10
C. Combined Review. It is the intent of these regulations to establish a unified process for the 11
review of a PUD as [either] a Major Subdivision under Article 15, [or a Site Plan under Article 14 if no 12
subdivision of land is proposed], and provisions and standards specific to a Planned Unit Development 13
under this Article. A PUD is therefore subject to Sketch Plan Review (15A.05), either Subdivision Review 14
(Article 15) [or Site Plan Review (Article 14)], Master Plan Review (15B.XX), and PUD review, except as 15
provided below. 16
17
(1) An approved Master Plan is required for any PUD [of four (4) or more acres,]. A PUD Master 18
Plan submitted for review under Article 15B must also comply with applicable PUD standards under 19
this Article. 20
21
(2) At the request of an applicant: 22
23
(a) The DRB may, following Sketch Plan Review, waive Master Plan Review [and Preliminary 24
Subdivision [or Site Plan] Review for any [Infill or Redevelopment] PUD of less than four (4) acres. 25
[Note: ensure consistency with relevant Subdivision and Master Plan (XX.01) sections.] 26
27
(b) PUD Master Plan review by the DRB under Section 15B.XX may be combined with 28
preliminary subdivision [or site plan] review under Section 15A.06, for one or more phases of 29
development, if the application requirements and standards for each type of review are met. 30
31
(c) The DRB may also agree to combine preliminary with final subdivision review for one or 32
more phases of PUD development where either a PUD Master Plan has been previously approved 33
and is in effect, or where no Master Plan Review is required. 34
35
D. PUD Application Requirements. 36
37
(1) A PUD application may involve one or more contiguous [or noncontiguous] properties under 38
single or multiple ownership, if incorporated under a common PUD application; however all properties 39
must come under the direct control of the applicant or developer as required for subsequent permitting 40
and development. 41
42
(2) In addition to master plan and preliminary subdivision [or site plan] application requirements 43
under Sections 15A.XX and 15B.XX, the application for a proposed PUD must include the following: 44
Commented [PC9]: (9) For PC discussion,
from Sharon Murray: Per PC request as
generally applicable citywide to Conservation
PUDs. As proposed, to be generally allowed
on an elective basis for any parcel of 2+ acres
in which 50+% of the land area is in one or
more protected resources under Articles 10 or
12.
Recommend that in this context this be
limited to certain zoning districts (e.g., SEQ,
Forest Block overlay) rather than applying
citywide, if truly meant as a form of
“Conservation PUD” intended to preserve
large tracts of working farm, forest and other
resource lands; and then substitute
“clustering” as a form of infill development on
smaller parcels.
Commented [PC10]: (10) For PC discussion
– where a PUD would apply to a singular site
plan.
Commented [PC11]: (11) Note to PC: staff
is working on a flow chart for PC review
related to these combined/waived steps.
Commented [PC12]: (12) For PC discussion:
for consideration as allowed per statute—staff
request for legal review.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 5 of 11
1
(a) A statement and description of PUD conformance with the City’s Comprehensive Plan in 2
effect at the time of application, including applicable land use, development and infrastructure 3
policies specific to the area proposed for development. 4
5
(b) Documentation of project conformance with any proposed, previously approved or 6
amended master plan for the PUD in effect at the time of application. 7
8
(c) A statement and description of project conformance with the description and intent of the 9
PUD type(s) proposed. 10
11
(d) A statement and description of how the proposed PUD complies with the design standards 12
specific to the selected PUD type(s). [A PUD checklist/scoring sheet indicating how the proposed 13
PUD meets each of the design elements specified for the selected PUD type(s).] 14
15
(e) A list and description of requested modifications, waivers or other relief from the strict 16
standards of these Regulations sought through PUD review, including applicable zoning district, 17
subdivision, site plan or PUD standards and associated mitigation measures, or alternative forms 18
of compliance under Section 15C.04(C), that are proposed to meet the intent or to offset the 19
adverse impacts of any standard modified or waived by the DRB. 20
21
E. PUD Scoring System. Reserved. [Intended to provide for a less subjective, point system review of 22
proposed PUDs in relation to applicable design criteria/elements.] 23
24
15C.04 General Standards 25
26
A. Conformance with the Comprehensive Plan. The proposed PUD must conform to the City’s 27
Comprehensive Plan in effect at the time of application. Conformance with the plan in this context means 28
that the proposed PUD must: 29
30
(1) Advance any clearly stated plan policies and objectives specific to the type and location of the 31
proposed development; 32
33
(2) Incorporate preferred settlement patterns, including future land uses, densities and intensities 34
of development referenced in the land use plan, as implemented through planned unit development 35
provisions specific to each PUD type. 36
37
(3) Incorporate, as applicable, planned facilities, services and infrastructure identified in the 38
utilities and facilities plan, as implemented under the City’s adopted Capital Improvement Program 39
(CIP) and Official Map. 40
41
B. Conformance with the Master Plan. Each phase of a PUD developed in one or more phases must 42
conform to the PUD Master Plan, as approved or amended by the DRB under Article 15B, including the 43
Commented [PC13]: (13) For PC discussion:
whether the flexibility provided inherently in a
PUD through its standards is sufficient, or the
ability to waive should extend to standards
that remain in effect (aren’t superseded)
under PUD review…
Commented [PC14]: (14) For PC discussion:
Would like to gauge Commissioners’ interest
in pursuing a scoring system. The scoring
system would require some close calibration
to make sure it works, but would create a
more clear review process for all parties. The
scoring system would include certain required
elements, and then a total minimum score
that could be achieved by meeting (or
exceeding) a variety of standards. It gives the
applicant and DRB guidance to place a value
on “waivers or adjustments” in certain areas
and exceeding standards in other areas.
The scoring system was excluded initially
simply as a matter of time: to not delay the
completion of the project.
Commented [PC15]: (15) Note: Included
here per statutory requirement specific to
PUDs—must be included as a standard of
review given that PUDs in effect vary or alter
underlying zoning intended to implement the
plan, as necessary to achieve other stated
community goals and objectives. Guidance for
interpretation is included below.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 6 of 11
approved development plan, phasing schedule, buildout budget, management plan, and any associated 1
development agreements or conditions of master plan approval. 2
3
C. Compliance with Regulations. The provisions and standards specific to a PUD under this Article 4
supersede underlying zoning district, subdivision, and site plan standards. 5
6
(1) Any provision or standard under these Regulations applicable to the proposed development 7
that is not superseded, modified or waived by the DRB in association with PUD review shall remain in 8
effect, including relevant resource protection standards under Articles 10 and 12. 9
10
(2) A PUD must also comply with other applicable city ordinances and regulations listed under 11
Section 15A.XX in effect at the time of application, unless modified or waived by the DRB in 12
consultation with city or state officials having shared jurisdiction. 13
14
(a) Official Map. The PUD must incorporate planned public facilities and capital 15
improvements included in the City’s adopted Official Map and Capital Improvement Program (CIP) 16
in effect at the time of application, unless modified or waived by the DRB. 17
18
(b) Impact Fees. Development within the PUD is also subject to impact fees enacted under 19
the City’s impact fee ordinance; however the if the applicant or a subsequent developer is required, 20
in association with PUD approval, to provide land or to construct a facility explicitly included in the 21
calculation of an impact fee, they may then [apply for] receive credit against the impact fee in an 22
amount equal to the value of the dedicated land or cost of construction. [Note: per requirement 23
to reference/address impact fees under PUD statutes.] 24
25
(3) Alternative Compliance. In order to provide a degree of flexibility necessary to address unique 26
site conditions or constraints; compatibility with existing or planned development in the vicinity; or to 27
allow for exceptional and innovative design, one or more PUD standards under this Article may be 28
modified at applicant request, subject to separate DRB review and approval. Note that alternative 29
compliance does not constitute an exemption from a PUD standard. Allowed modifications include 30
proposed functional or design alternatives that may be considered in place of a specific requirement 31
under this Article, if the intent of the requirement is met or exceeded. In approving a request for 32
alternative compliance, the DRB must find that the proposed alternative: 33
34
(a) Conforms to the description, intent and defining characteristics of the selected PUD 35
type(s); 36
(b) Achieves the intent of the PUD standard to be modified; 37
(c) Results in development that is equivalent or demonstrably superior in function, design and 38
quality to that required under the standard to be modified; and 39
(d) Does not adversely impact properties, uses or facilities within, adjacent to, or in the vicinity 40
of the planned development (e.g., with regard to walkability, traffic, parking, drainage). 41
42
The DRB in approving an alternative form of compliance may attach conditions as necessary to ensure 43
compliance, or to mitigate any adverse impacts resulting from a proposed alternative. 44
Commented [SM16]: (16) For PC
Discussion: Added this based on some initial
research re “alternative compliance”
provisions, given our concerns re the extent of
DRB authority to modify or waive standards.
Let me know what you think…
This is a common bylaw provision elsewhere,
if not in VT -- but it often applies more
specifically –i.e., in relation to specific/noted
dimensional or design standards … Suggested
for consideration, pending a legal review(re
use in VT)
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 7 of 11
1
D. Development Density. 2
3
(1) Intent. A Planned Unit Development is intended to accommodate higher densities of 4
development within designated development areas than may be allowed within the underlying zoning 5
district, as necessary to accommodate: 6
7
(a) A more efficient and cost-effective use of land, facilities, services, and infrastructure; 8
(b) Densities that support a walkable, pedestrian-oriented pattern of development; or 9
(c) Transit-supportive densities of development along existing and planned transit routes. 10
11
Within a PUD, the overall density and intensity of development shall be determined based on the total 12
buildable area included within designated development areas, proposed land use allocations, PUD 13
density and dimensional standards, and allowed building types and standards as specified by PUD 14
type. Building lot, [footprint], and height standards also vary by building type, where applicable (see 15
Appendix ___). 16
17
(2) Buildable Area. The buildable area within a PUD is defined as the total tract area, less the 18
area occupied by the following physical and legal site limitations or constraints: 19
20
(a) The area occupied by known Hazards, as defined and regulated under Articles 10 and 12; 21
(b) The area occupied by Level I environmental resource areas, as defined and regulated 22
under Articles 10 and 12; 23
(c) Existing and planned street and railroad rights-of-way; and 24
(d) Transmission line rights-of-way. 25
26
(3) Land Use Allocations. The Land Use Allocation is defined as the minimum percentage of 27
Buildable Area within one or more designated development areas that must be allocated to a 28
particular category of land use, as indicated on the PUD master plan and delineated on preliminary 29
and final subdivision plans. These include the following use categories, as specified by PUD type: 30
31
(a) Residential – intended to accommodate allowed residential uses, a variety and mix of 32
housing types, associated building lots, and onsite or shared residential parking areas. 33
34
(b) Mixed Use – intended to accommodate a mix of compatible residential and nonresidential 35
uses and building types, associated building lots, onsite parking areas and separately designated 36
principal or shared parking lots or facilities serving the development. 37
38
(c) Civic Space – intended to accommodate one or more civic spaces and associated civic 39
space lots by civic space type. 40
41
(d) Resource Land –intended to accommodate Level I and Level II natural resource areas 42
regulated under Articles 10 and 12, or other designated open space areas, within one or more 43
separately delineated conservation parcels. 44
Commented [PC17]: (17) Note: Per drafts
and Commission discussion, a minimum (base)
residential density is generally required within
designated development areas [TBD regarding
Conservation PUDs]. Density transfers within
the PUD are still allowed but, outside of a
Conservation PUD, the maximum allowed
density is instead regulated based on allowed
building types, and associated building (lot,
height) standards, in keeping with the intent
of a PUD.]
[Currently, under 15.03(B) transfers of density
within a PUD are allowed, but “the overall
density or FAR allowable for the land in
question shall be the same as for the
underlying district(s) involved in the
application.”]
Commented [PC18]: (18)Note: Staff
working on this piece.
Commented [PC19]: (19)Note: see current
LDR definition of “mixed use.”
Commented [PC20]: (20)Note to PC: This is
a work in progress. Need to be certain it works
both within a Conservation PUD and as
applicable in other forms if applicant chooses.
Also need to consider in relation to “buildable
area” as initially defined above and transfer of
development density.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 8 of 11
1
(e) Unallocated – intended for allocation by the applicant under one or more of the above 2
use categories as allowed by PUD type, to provide some flexibility in defining the overall mix of 3
proposed development. This may also be designated on the PUD master plan as unallocated “reserved 4
land ,” subject to reallocation under an approved master plan amendment. 5
6
7
(4) Base Density. 8
9
(a) Residential Base Density. To ensure densities of development that support the efficient 10
use of land and infrastructure, walkability, and transit-supportive development within a PUD, the 11
following minimum residential densities of development (Base Density), expressed as the 12
minimum number of dwelling units per acre of Buildable Area, apply within designated 13
development areas proposed for residential or mixed use development, unless otherwise specified 14
by PUD type: 15
16
(i) The required minimum (base) residential density within a Buildable Area designated 17
for residential development is four dwelling units per acre (4 DU/A) or the maximum 18
residential density allowed within the underlying zoning district, whichever is greater. 19
20
(ii) Within a designated mixed use area, or within ½-mile of an existing or planned transit 21
route, the required residential base density is eight dwelling units per acre (8 DU/A) or the 22
maximum residential density allowed within the underlying zoning district, whichever is 23
greater. 24
25
(iii) The residential base density may also vary by subzone, as specified by PUD type, in 26
association with allowed housing types within that subzone. 27
28
(iv) Accessory Dwelling Units (ADUs) shall not be included in the calculation of residential 29
base density or the minimum number of required dwelling units (residential yield). 30
31
(v) The minimum required number of dwelling units allowed by right (residential yield) 32
within a designated residential or mixed use area, excluding ADUs, may be calculated as: 33
34
35
36
(b) Nonresidential Base Density. There is no minimum base density or intensity requirement 37
for nonresidential development within a designated development area. 38
39
(c) Maximum Development Density. The maximum development density allowed within any 40
PUD, except within a Conservation PUD, shall be determined based on the total buildable area, 41
proposed land use allocations by use category, the allowed mix of building types, and associated 42
building lot standards as specified by PUD type. 43
Total Buildable Area (A) x Land Allocation (%) x Base Density (DU/A) = Min DUs (#)
Commented [PC21]: (21) Note to PC:
Suggested, as discussed especially in relation
to SEQ w/re to need to acquire development
rights through TDRs, etc.
Commented [PC22]: (22) For PC discussion,
in relation to Conservation PUDs. Recommend
discuss pros & cons at meeting.
Commented [PC23]: (23) Note to draft:
define these terms more precisely.
Commented [PC24]: (24) For PC discussion.
This would apply in a TND or an NCD, but
“transition zones” would also still be required
to ensure compatibility.
From Sharon: also to accommodate density
transfers under TDRs, offset units, etc.,
Commented [PC25]: (25) Note: Per staff
discussions to date re defining GSF or FAR
standards for this purpose. It appears that at
some point FARs were used, as currently
referenced under Article 15 and defined in the
LDRs.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 9 of 11
1
The DRB may allow for an increase in the overall density of residential development within a 2
designated residential or mixed use area, for example through adjustments or modifications to 3
the required housing mix, allowed housing types, or associated building lot or height standards, 4
only as necessary to accommodate the following: 5
6
(i) The incorporation of development rights transferred from land within the SEQ-NRP or 7
SEQ-NRT Subdistrict under Section ____. 8
9
(ii) The incorporation of required housing unit offsets under inclusionary zoning 10
provisions under Section ___. 11
12
(iii) The incorporation of additional housing units allowed as an incentive for additional 13
affordable housing development under Section 18.14. 14
15
(iv) The transfer of residential development density (development rights) within a 16
Conservation PUD from Level I and Level II resource areas identified for protection under 17
Articles 10 and 12. 18
19
E. Transition Zone. A PUD may also incorporate one or more transition zones along PUD boundaries, 20
as indicated on the master plan and delineated on preliminary and final subdivision [or site] plans, to 21
include the minimum land area necessary to either extend and integrate compatible, complementary 22
forms of planned development, or to separate and buffer conflicting, incompatible forms of planned 23
development, in relation to existing and planned development in the vicinity of the PUD. 24
25
(a) The transition area for analysis and delineation must at minimum incorporate the prevalent 26
pattern of development directly abutting and within the vicinity of the PUD, including the relative 27
layout, type and density of existing and planned development (e.g., street, block and lot 28
configurations, building placement and height); existing and planned transportation and 29
infrastructure connections; traffic patterns; public facilities and services; and civic space, resource land 30
and other designated open space areas located within one-quarter to one-half mile of PUD boundaries. 31
32
(b) Acceptable design techniques and modifications applied within transition zones, subject to 33
DRB review and approval, include but may not be limited to: 34
35
(i) Avoiding incompatible land uses along PUD boundaries; e.g., by ensuring that similar, or 36
compatible uses are located on facing blocks or lots, and incompatible uses abut rear lot lines or 37
are otherwise separated by buffers or open space. 38
39
(ii) Using existing natural features, such as changes in topography, riparian corridors, or tree 40
stands to visually screen or functionally separate different forms and intensities of development. 41
42
(iii) Modifying street and block dimensions and standards as necessary to connect with or 43
extend adjoining street, block and path networks. 44
Commented [PC26]: (26) Note: staff /
Sharon working on quantifying allowable
amounts here, but first need to calibrate
“base” building types.
Commented [PC27]: (27) [Note: suggested
in relation to proposed inclusionary housing
provisions, as applicable to PUDs.]
Commented [PC28]: (28) Note to PC: in
current PUD standards.
Commented [PC29]: (29) Note to PC: This
section is intended to address the issues of
“transition” between existing development
and the proposed neighborhood.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
2021-01-12
Page 10 of 11
1
(iv) Using streets and streetscape elements to visually define transitions and functionally 2
integrate or separate different forms and intensities of development. 3
4
(v) Matching the relative density or intensity of adjoining development along PUD boundaries 5
by adjusting or averaging lot dimensions (frontage, depth); building type, orientation and spacing 6
(front, side setbacks); or building height (step downs) within the transition zone. 7
8
(vi) Designating common civic or other open space areas (e.g., greenbelts, parks, greens, 9
squares or plazas) to visually define transition areas and to functionally integrate or separate 10
different forms and intensities of development. 11
12
(vii) Incorporating greenbelts or vegetative buffers and screening of sufficient width and 13
density to visually and functionally separate incompatible forms and intensities of development. 14
15
F. Allowed Uses. Allowed uses within a PUD, unless otherwise expressly allowed or prohibited by 16
PUD type, include any use listed in Appendix C as a permitted or conditional use in the underlying zoning 17
district(s) that can be accommodated within, or in association with, designated land use allocations and 18
allowed building types. 19
20
(1) Conditional uses allowed within the underlying zoning district shall be considered permitted 21
uses within a PUD. Separate conditional use review and approval shall not be required. 22
23
G. PUD Dimensional Standards. PUD dimensional standards define a range of block, lot, and 24
building height dimensions which are intended to provide, within defined parameters, some flexibility in 25
the overall pattern of development specific to each PUD type. Where these vary from building type 26
standards, the upper and lower PUD dimensional limits (minimum and maximum) shall apply. 27
28
H. Street, Building, and Civic Space Types. Each PUD type includes a list of allowed “types” of 29
development, representing the key elements or components necessary to support and achieve the desired 30
form, density and mix of development specific to each PUD type. These include, as listed for each PUD 31
type, allowed: 32
(1) Street types, and associated street standards, under Appendix ___; 33
(2) Building types, and associated building and building lot standards, under Appendix ___; and 34
(3) Civic space types, and associated civic space and lot standards, under Appendix ___. 35
36
I. Solar Siting Preferences. Applicants are encouraged to incorporate renewable energy facilities, 37
and in particular roof- or ground-mounted solar energy facilities that are compatible with PUD layout and 38
design, as specified by PUD type. Any areas reserved for ground mounted solar installations serving the 39
development must be indicated on the master plan and depicted on preliminary and final subdivision plans. 40
41
J. PUD Design Standards. A proposed PUD must also incorporate and comply with design standards 42
specific to that PUD type, except as modified under an alternate form of compliance approved by the DRB, 43
or as applicable to an Infill or Redevelopment PUD. 44
Commented [PC30]: (30) Note: As
currently provided under 15.03(B) – at some
point it might be appropriate to define
allowed uses more specifically in relation to
PUD and allowed building types (i.e., include
separate PUD use tables.]
Commented [PC31]: (31) Note: under a
scoring system, these could be weighted in
relation to priority or preference, to ensure
that a minimum standard of design is met as
required for approval, and/or to assign bonus
points for exceptional design, public
amenities, etc.
Article 15C Planned Unit Development Initial Draft For Planning Commission Review
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Page 11 of 11
1
15C.05 Traditional Neighborhood Development 2
15C.06 Neighborhood Commercial Development 3
15C.07 Conservation Development 4
15C.08 Infill and Redevelopment 5
Initial Draft for Planning Commission
January 12, 2020
1
15C.05 Traditional Neighborhood Development (TND) 1
[NOTE: THIS IS A WORKING DRAFT FOR FURTHER DISCUSSION RE FORMAT, STANDARDS, ETC. WITH THE 2
PLANNING COMMISSION AND COMMUNITY. AS DRAFTED, ALSO INTENDED TO BE GENERALLY 3
CONSISTENT WITH REQUIREMENTS FOR THE STATE’S NEIGHBORHOOD DEVELOPMENT AREA 4
DESIGNATION PROGRAM…] 5
6
Key to Comments: 7
“Notes” are notes for readers 8
“For PC discussion” in RED are priority questions from staff/consultant 9
“For PC discussion” in BLUE are secondary questions from staff/consultant 10
11
12
A. Description. A Traditional Neighborhood Development (TND) is a type of planned development 13
that results in a more compact, pedestrian-oriented form of neighborhood development characterized 14
by a discernable center such as a central green or square; walkable, interconnected residential streets 15
and blocks; a variety of housing types that front on local streets; and smaller civic spaces and facilities 16
strategically located throughout to serve neighborhood residents. A TND may include one or more 17
distinct, but interconnected neighborhoods that can be traversed from center to edge in a ten- to 18
fifteen-minute walk. It may involve new, greenfield development in areas served by existing or 19
extended city infrastructure, smaller compatible or complementary infill development on vacant or 20
underdeveloped parcels within or immediately adjacent to an established neighborhood, or a 21
combination of the two. 22
23
B. TND Characteristics. Defining characteristics of a Traditional Neighborhood Development 24
(TND) include: 25
• Predominantly residential uses, with limited supporting civic and neighborhood commercial 26
uses. 27
• Efficient, highly interconnected local street, sidewalk and path network that accommodates all 28
users, while also limiting through traffic on neighborhood streets. 29
• Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous, 30
uninterrupted, ADA-compliant sidewalks as established by the Street Type. 31
• Recreation paths within greenways or along busier streets that connect with or serve the 32
adjoining neighborhood. 33
• Direct pedestrian access to transit facilities, and neighborhood goods and services located 34
within easy walking distance (¼- to ½-mile) of neighborhood areas. 35
• Predominantly detached buildings, including a variety and integrated mix of housing types, that 36
are oriented to and front directly on local streets, courtyards, or civic spaces. 37
• A centrally located, well-defined civic space, such as a square or green, that contributes to 38
neighborhood identity and accommodates neighborhood gatherings. 39
• Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking 40
distance (¼-mile) of the preponderance of neighborhood residences, that encourage social 41
interaction and provide access to outdoor recreation and neighborhood activities. 42
• Amenities (e.g., civic, streetscape, recreational, open space improvements) that contribute to 43
the built environment, and enhance neighborhood character, pedestrian access, and use. 44
Commented [SM1]: (1) Note to PC: These,
along with the purpose statement are to be
used by the DRB in reviewing/evaluating
alternative forms of compliance, if the PC goes
that route
Initial Draft for Planning Commission
January 12, 2020
2
• Vehicle access to adjoining lots primarily from a rear alley, side street, or shared service lane or 1
driveway. 2
• Onsite parking areas, and detached accessory buildings (including garages), that are located to 3
the rear [or side] of fronting, principal buildings, and screened from view from adjoining streets 4
and civic spaces. 5
• Attached garages that, where allowed by building type, are set back from, and do not visually 6
dominate or obscure the front building façade or main building entrance. 7
8
C. Applicability. A Traditional Neighborhood Development (TND) is an allowed PUD type within 9
the underlying, primarily residential zoning districts listed in Table 15C-1. 10
11
(1) The boundaries of the TND, as indicated on the PUD master plan, and more specifically 12
delineated on preliminary and final subdivision plans, must delineate a unified, compact, and 13
walkable form of neighborhood development, typically defined as an area within a ¼- to ½-mile walk 14
from TND center to edge. TND boundaries must include designated development areas within the 15
tract to be developed, and exclude large, contiguous Hazard and Level I environmental resource 16
areas identified for protection under Articles 10 and 12, as necessary to maintain a compact and 17
well-integrated form of neighborhood development. 18
19
(2) A TND at minimum must incorporate one or more contiguous or highly interconnected 20
development areas equaling 10 acres or more, as designated on the master plan and delineated on 21
preliminary and final subdivision plans. 22
23
(3) An Infill TND must incorporate a designated development area of four (4) acres or more, to 24
include buildable vacant or underdeveloped land within or adjacent to an established neighborhood, 25
within the City’s existing water and sewer service areas. 26
27
(4) A TND may border or be accessed from an arterial street but must not be traversed or 28
divided by an arterial street. No residential building lots within a TND may front directly on or be 29
individually accessed from an arterial street. 30
31
D. TND Dimensional Standards. A TND must meet TND acreage, land use allocation, density, 32
coverage, height, building, and building lot dimensional standards under Table 15C.05-1 unless modified 33
or waived by the DRB as applicable within an Infill TND or a designated Edge or Transition Zone, or in in 34
association with an approved form of alternative compliance under TND design standards. Building and 35
building lot standards also vary by allowed building type, listed under Table 15C.05-2b. 36
37
38
Table 15C.05-1 TND Dimensional Standards
Minimum Maximum Note:
Total Buildable Tract Area (Acres)
Full TND 10 A --- Connected, generally contiguous, as
necessary to allow for integrated, unified
neighborhood development Infill TND 4 A <10 A
Land Allocation (% Buildable Area)
Residential 65% 85%
Commented [PC2]: (2) Note to PC: An “Infill
PUD” [separate from an Infill TND] could also
be permitted down to 2 acres in size. At that
scale, though, we would need to distinguish its
features from a TND, as it’s too small to have
some of the typical components.
Commented [PC3]: (3) Note to PC: At a
December meeting there was a question as to
how/whether a “cottage court” type mini-
neighborhood, like Kirby Cottages, could be
allowed on less than 2 acres. This could be
achieved by allowing that structure through a
standard subdivision (allowing for homes and
lots to face onto the court rather than a
street) and does not HAVE to be a PUD
[example: aa cottage court is permitted in the
FBC T3]. Staff recommends this question/idea
be posted to the Affordable Housing
Committee. *Also, I believe there was some
work done on this subject by a working group
some years ago. That would be a good starting
point.
Commented [PC4]: (4) For PC Discussion. In
order to include this, we’ll need to review and
possibly amend the map of “arterial roads” in
the Comprehensive Plan. Also need to
consider places such as Williston Road in the
vicinity of Mayfair Park.
Commented [PC5]: (5) Note to PC: The
standard below would supersede subdivision
or underlying district standards.
Commented [PC6]: (6) Note to PC: See
discussion of direction to applicants & the DRB
under Article 15C – PUDs.
Initial Draft for Planning Commission
January 12, 2020
3
Nonresidential/Mixed Use 5% 25% Unallocated = developer option; may also
be “reserved” subject to allocation under
PUD master plan amendment.
Maximum % by category includes entire
unallocated portion (20%).
Civic Space 10% 30%
Resource Land 0% 20%
Unallocated 0% 20%
Buildable Area Coverage Limit (% Impervious) --- 40% [60%] As applied to total buildable area; not to
individual building lots.
Height Limit (FT) --- 35 [40] FT Height limits (stories) vary by building type.
Residential Density (DU/Acre)
Residential – Neighborhood Area 4DU/A or
District Variable
Minimum = Base Density (DU/A), or
maximum specified for underlying zoning
district (District), whichever is greater.
Minimum density within transit area =
minimum within ½-mile of an existing or
planned transit route.
Maximum density dependent on selected
building (housing) types.
Residential –Transit Area 8 DU/A or
District Variable
Residential – Center 8 DU/A or
District Variable
Nonresidential Density --- Variable Maximum density dependent on selected
building types
Block
Perimeter (FT) 800 FT 2,000 FT Midblock connection, pedestrian pass
required for any block length > 500 FT Average Length (FT) 200 FT 500 FT
Building Lot
Area (SF) 2,500 SF 10,000 SF Building lot standards also vary by building
type; the more restrictive apply Width to Depth (Ratio) 1:2 1:5
Frontage Width (FT) 25 FT 80 FT
Frontage Buildout (% Width) 35% [40%] ---
Building
Front Setback (FT) 10 FT 25 FT Building standards also vary by building
type; the more restrictive apply.
Min and max front setbacks define the
Build-to Zone (BTZ) as measured from
street right-of-way or civic space lot line.
Minimum side setback (0 FT) applies to
attached building types, where applicable.
Side Setback (FT) 0/5 FT 10 FT
Rear Setback – Principal (FT) 10 FT ---
Rear Setback – Accessory (FT) 5 FT ---
Height– Principal (Stories) 1.5 2.5
Height – Accessory (Stories) 1.0 2.0
1
E. TND Street, Building and Civic Space Types. Street, building and civic space types allowed 2
within a TND are specified by TND subzone under Tables 15C.05-2(a)-(c). Separate DRB approval is 3
required for a street, building or civic type within the TND Edge (Transition) Subzone that is not allowed 4
type within an adjoining Neighborhood Center or Residential Subzone, to ensure that the proposed type 5
is compatible with the type and form of adjacent development. 6
Table 15C.05-2B TND Building Types (also see associated standards under Appendix ___)
Table 15C.05-2A TND Street Types (also see associated standards under Appendix ___)
Center Neighborhood Edge/Transition
Neighborhood – Narrow ◼
Neighborhood ◼ ◼ ◼
Support ◼
Alley ◼ ◼ ◼
Pedestrian Street/Pass ◼ ◼ ◼
Bicycle Boulevard
Commented [PC7]: (7) For PC discussion: a
possible allowance for an increase amount in
the SEQ as an alternative to having the land be
“reserved.”
Commented [PC8]: (8) Note to PC: Staff is
evaluating whether to apply the maximums
from the underlying zoning district rather than
a blanket figure here. Need, though, to be
certain that allowed building types match up.
Commented [PC9]: (9) For PC discussion.
This minimum would be for the Residential
Allocation of the Buildable Area only.
Commented [PC10]: (10) For PC Discussion.
See above.
Initial Draft for Planning Commission
January 12, 2020
4
Center Neighborhood Edge/Transition
Residential
Detached House ◼ ◼ ◼
Duplex ◼ ◼ ◼
Multiplex, Small ◼ ◼ ◼
Carriage House (ADU) ◼ ◼ ◼
Cottage Court ◼
Town House ◼
Live/Work (Variant) ◼
Multiplex, Medium
Nonresidential
Civic ◼ ◼ ◼
Cottage Commercial ◼
Neighborhood Storefront ◼
Table 15C.05-2C TND Civic Space Types (also see associated standards under Appendix ___)
Center Neighborhood Edge/Transition
Green ◼
Square ◼
Plaza
Courtyard ◼ ◼ ◼
Neighborhood Park
Pocket Park/Plaza ◼ ◼ ◼
Playground ◼
Greenway ◼
◼ – Allowed; – May be allowed, subject to separate DRB review and approval, in relation to context.
1
F. TND Design Standards. 2
3
(1) The plan for a TND must incorporate each of the following TND design standards, unless 4
modified or waived by the Development Review Board for an Infill TND, or in association with an 5
approved form of alternative compliance under Section 15C.04. 6
7
(a) The DRB may modify or waive one or more required standards under this subsection for 8
an Infill TND that can be met off site, if located within a ¼- to ½-mile of the TND boundary; or as 9
necessary to complement or fully integrate new neighborhood development with existing 10
development in the vicinity of the project. See Infill PUD under Section ___. 11
12
(b) Any proposed form of alternative compliance under a TND design standard must 13
achieve the intent of standard to be modified, as required under Section 15C.04(C). 14
15
(2) Purpose. The applicant for any TND must demonstrate how the TND is consistent with the 16
stated description and defining characteristics of a TND under 15C.05(A) and (B) above. 17
18
(3) Context. For planning and design purposes, the “neighborhood area” includes all existing 19
and proposed properties, buildings, and uses located within a ¼-mile “pedestrian shed” or, if located 20
Commented [PC11]: (11) For PC discussion:
originally these were intended to also form
the basis for a scoring system, for use by the
applicant and DRB, as guidance and to provide
a more consistent, less subjective form of
discretionary review. If this is still a
consideration, some of these design elements
could be more specifically detailed with regard
to stated preferences…each in association
with a point/weighting system.]
Initial Draft for Planning Commission
January 12, 2020
5
on an existing or planned transit route [within the Transit Overlay District], within a ½-mile “transit 1
shed” of the tract or parcel to be developed, as measured from the approximate center of the TND. 2
3
(a) The TND must be designed to establish or to otherwise incorporate and complement 4
the existing and planned pattern of neighborhood development in the vicinity of the project, 5
consistent with TND connectivity and design standards under this section. 6
7
(4) TND Subzones: Designated development areas, and associated land use allocations within a 8
TND must include the following subzones, as generally indicated on the master plan, and more 9
specifically identified on preliminary and final subdivision plans: 10
11
(a) Neighborhood Center. Consisting of a distinct, attractive, centrally located civic space 12
such as a central square or green that serves the surrounding residential neighborhood, is 13
intended for access and use by all neighborhood residents, and is fronted on at least three sides 14
by allowed housing types, or one or more neighborhood-scale nonresidential civic or 15
commercial buildings. A TND center may be located on or accessed from a collector street, if 16
fully integrated with the surrounding residential neighborhood. 17
18
(b) Neighborhood Residential. Consisting of one or more compact residential blocks, 19
bounded by local streets, that incorporate an integrated mix of housing types, at a density of 20
not less than four (4) to eight (8) dwelling units per acre, unless otherwise specified under Table 21
15C-X; and smaller civic spaces (e.g., pocket parks or playgrounds) that are strategically located 22
within a ¼-mile mile walking distance of all [the majority of] dwelling units within the TND. 23
24
(c) Neighborhood Edge. A TND must either have a clearly defined “edge” that physically 25
and visually distinguishes the TND from the surrounding area (e.g., a greenway, park or 26
conserved area); or [as applicable to an Infill TND], include one or more designated “transition 27
zones” or areas along the periphery, in which street and path connections to adjoining 28
properties are maintained, but dimensional standards, street and building types may be 29
adjusted as necessary to integrate new development with the adjoining existing or planned form 30
of development. As provided for transition zones under Subsection 15C.04(E): 31
32
(i) A TND transition area may accommodate lot sizes, densities and building types that 33
complement or fully integrate with the existing or planned pattern of adjacent 34
development. 35
36
(ii) A TND transition area may also incorporate a greenway or buffer as necessary to 37
separate the TND from resources identified for protection, or from adjoining incompatible 38
nonresidential uses or forms of development. 39
40
(5) TND Street and Path Network. The TND must incorporate a highly interconnected street 41
grid that, in addition to meeting relevant connectivity, street and block standards under Article 15A, 42
also incorporates TND block standards and street types. The local street and path network must 43
Commented [PC12]: (12) Note to PC: Staff
and Sharon working to make sure there is
sufficient guidance here. Input welcome!
Commented [PC13]: (13) Note from
Sharon: Some TND regulations more
quantitatively reference either a connectivity
index/ratio (total # street intersections/# of
segments) or minimum intersection density (#
intersections/area). See allowed TND Street
Types(Table XX.XX)].
Initial Draft for Planning Commission
January 12, 2020
6
serve all users, including pedestrians, cyclists, and transit riders and, to emphasize and ensure 1
pedestrian access and walkability, include: 2
3
(a) “T” street intersections, located as necessary to limit through traffic on neighborhood 4
streets and, where appropriate, to incorporate terminating views of prominent civic spaces, 5
buildings, or adjoining conserved lands. 6
7
(b) Sidewalks that meet minimum ADA requirements and street type standards along both 8
sides of each street, pedestrian street crossings at street intersections and, where the block 9
length exceeds 500 feet, a mid-block pedestrian passage and street crossing. Street trees, 10
furniture, lighting, and other streetscape elements may also be required, as specified by street 11
type. 12
13
(c) Direct (shortest linear distance) pedestrian sidewalk or path connections from local 14
streets to the main entrances of all principal buildings; and to civic spaces, recreation paths, 15
shared parking areas, and existing or planned transit stops or facilities serving the 16
neighborhood, including any off-site facility (e.g., neighborhood park, transit stop, commercial 17
center) within the extended ¼- to ½-mile neighborhood area that is available and intended for 18
use by TND residents. 19
20
(d) Off-street walking and recreation paths as necessary to connect with existing or planned 21
facilities on adjoining properties; or to provide more direct, internal pedestrian and bicycle 22
connections that cannot be accommodated on local streets. 23
24
25
(6) Vehicle Access and Parking. A TND must be designed to give pedestrian access and 26
movement priority over vehicle access within blocks, along fronting streets, and to principal 27
buildings and civic spaces. 28
29
(a) To ensure walkability within a TND, the number and width of curb cuts and driveways 30
on fronting streets or block faces must be minimized to the extent physically and functionally 31
feasible, as necessary to avoid breaks in adjoining sidewalks. 32
33
(i) Rear lot alley or service lane access, or shared driveway access from a fronting or 34
side street, is required for any building lot with a street frontage width of less than 50 feet, 35
and for attached building types, including duplexes. 36
37
(ii) Vehicle access (e.g., driveway) to a building lot from a fronting street must be 38
physically separated and visually distinct from pedestrian street access (sidewalk or path) 39
and the main building entrance. 40
41
(iii) The width of a driveway from a fronting or side street must not exceed ten (10) feet 42
where it crosses an adjoining sidewalk along the street; and must not result in a physical or 43
Commented [PC14]: (14) Note to PC: Staff
working on this, to relate to the street types,
to allow for possible alternative compliance,
and to set a “density threshold” where this
would apply. This is an important but
challenging interface of the need for good
pedestrian infrastructure in compact areas on
the one hand, vs cost of installation to
developer, cost of maintenance to the city,
and equitable distribution of city maintenance
resources across the city.
Commented [PC15]: (15) For PC discussion.
Commented [PC16]: (16) For PC Discussion.
Initial Draft for Planning Commission
January 12, 2020
7
visual interruption in the adjoining sidewalk. The sidewalk must clearly extend across the 1
driveway. 2
3
(b) Off-site parking within a TND may include designated shared parking areas within 4
walking distance of, or on-street parking along adjoining building lot frontage, as allowed by 5
street type. 6
7
(c) Onsite parking on a building lot within a TND, as also specified by housing or other 8
building type, may include: 9
10
(i) driveway parking outside of the front setback area [build-to-zone]; 11
(ii) parking spaces located to the rear of the building lot, behind the principal building; 12
(iii) parking within the primary building footprint (e.g., “tuck-under” or “pedestal” 13
parking), or within an attached or detached accessory structure (garage, carriage house or 14
carport), that meets associated building requirements under (8) below. 15
16
(d) With the exception of designated handicapped spaces, shared parking and service areas 17
serving more than one [two] dwelling unit or building lot must be located to the rear or side of 18
the building lot(s) behind the principal building(s); and must be screened from view from the 19
street and from adjoining residential properties [by a landscaped dividing wall or fence]. 20
21
(e) No principal parking lot or facility may be located on a corner lot, except as specifically 22
approved by the DRB for a phased development in which the parking lot is reserved for 23
conversion to a building lot under a subsequent phase of development. 24
25
26
27
28
29
FOR PC DISCUSSION: Example: Potential point system/score card standard (could also incorporate negative (-)
values for any proposed access/parking that does not meet minimum TND standards):
(a) Minimize the number and width of curb cuts and driveways on fronting [primary] streets by
incorporating to the extent physically feasible, in order of preference:
(i) on-street, frontage parking spaces, as allowed by street type; 5 pts
(ii) rear lot vehicle access and parking via a rear alley or service lane; 5 pts
(iii) side [secondary] street vehicle access via a shared driveway or service lane; 4 pts
(iv) front [primary] street vehicle access via a shared service lane no more than twenty (20) feet in
width at the sidewalk, to access shared parking areas serving adjoining building lots or attached housing
units that have no viable rear or side street access; 4 pts
(v) a maximum of one front vehicle access (curb cut) per building lot with a frontage width of 50 feet
or more, via a driveway that does not exceed nine (9) feet in width at the sidewalk. 3 pts (minimum)
Commented [SM17]: (17) Note to Draft:
Need to review in relation to site plan, parking
standards…
Initial Draft for Planning Commission
January 12, 2020
8
(7) Housing Mix. The TND must include a well-integrated mix of housing types, as specified by 1
subzone, that also vary in style by block, street, and building lot. 2
3
(i) A TND of ten (10) acres or more must include a minimum of three (3) allowed 4
housing types, none of which represents more than 50% [less than 15%] of the total number 5
of dwelling units within the TND. 6
7
(ii) An Infill TND of four (4) acres, but less than ten (10) acres, must include a minimum 8
of two allowed housing types, neither of which represents more than 60% [less than 30%] of 9
the total number of dwelling units within the TND. 10
11
(iii) Housing types and styles must be mixed within neighborhoods and blocks, along a 12
street or block face, rather than compartmentalized into areas of near-identical housing. 13
Where housing styles are repeated, as is common for attached housing types (townhouses), 14
variations in architectural elements, fenestration, materials or color must be used to 15
enhance visual variety. 16
17
(iv) A small multiplex within a TND must resemble in appearance a larger detached 18
house that is compatible in form and style with other housing types located along the same 19
street or block. Corner lots with rear alley or side street vehicle access are preferred for this 20
housing type. 21
22
(8) Buildings. See allowed TND building types, as specified by subzone under ___, and 23
associated building standards under Appendix __. 24
25
(a) All principal buildings, including primary building façades and main entrances, must 26
front on a street, a designated civic space, or a common courtyard, and not on an adjoining 27
parking area. Secondary entrances may access side or rear yards, garages, or parking areas. 28
29
(b) All principal buildings must be oriented parallel to the fronting street or civic space, 30
preferably with the narrower building façade facing the street, in proportion to building lot 31
width and depth, to minimize the distance between adjoining buildings, and main building 32
entrances. 33
34
(c) The primary building façade, and any frontage features such as porches, balconies, 35
stoops, canopies or awnings, must be located within the Build-to-Zone (BTZ) defined by 36
minimum and maximum front setback distances. The primary building façade must also meet 37
the minimum frontage buildout requirement within the BTZ. 38
39
(d) Frontage types allowed within the TND, as specified by building type, include dooryards, 40
porches, balconies and stoops that create a semi-private space oriented to the street, to 41
promote social interaction, and neighborhood safety and security (to provide “eyes on the 42
street”). [Note: some regs also require a minimum % of units to include porches.] 43
44
Commented [PC18]: (18) For PC (or AHC)
discussion. There are pros and cons to each.
Commented [PC19]: (19) For PC (or AHC)
discussion.
Initial Draft for Planning Commission
January 12, 2020
9
(i) A front porch must have a minimum width of eight (8) feet, and a minimum depth, 1
as measured horizontally from the building façade, of six (6) feet. [Current: some regs 2
require that a porch occupy a minimum % of the front façade – e.g., 40 – 50%.] 3
4
(e) Auto-oriented principal uses and buildings, and drive-through facilities, which may be 5
allowed within the underlying zoning district, are expressly prohibited within a TND. Pedestrian-6
oriented walkup facilities (e.g., ATMs, take-out windows) are allowed. 7
8
(f) Accessory buildings allowed within a TND include detached carriage houses (accessory 9
dwelling units), garages, garden sheds and other small accessory buildings or structures typical 10
of and incidental to a residential or civic use. 11
12
(i) A detached accessory building must be located to the rear of the building lot, behind 13
the principal building, must be separated from the main building by at least ten (10) feet, 14
and must meet relevant accessory structure side and rear setback and height requirements. 15
16
(ii) Garage placement options on a residential building lot are depicted in Fig. XX. 17
18
(iii) An attached garage must be set back a minimum of twelve (12) as measured 19
horizontally from the primary (front) building façade, excluding any projecting front porch, 20
stoop, balcony, or bay window; and must not physically or visibly dominate the front façade 21
or main building entrance. The width of a front facing garage must not exceed the lesser of 22
40 percent of the total width of the primary building façade or XX feet. 23
24
(1) Civic Spaces. See allowed TND Civic Space Types by subzone under Table 15C.05-2C and 25
Appendix __. A TND must include the following designated public or commonly held and managed 26
civic spaces, at minimum representing ten percent (10%) of the total Buildable Area of the TND, 27
except as modified or waived by the DRB for an infill TND [,or in association with an approved form 28
of alternative compliance]: 29
30
(a) A well-landscaped, centrally located green or square, bordered [on at least three sides] 31
by neighborhood streets, and fronting residential, nonresidential, or civic buildings, which serves 32
as a neighborhood focal point and gathering or event space; and 33
34
(b) Smaller civic spaces such as pocket parks or playgrounds that are strategically located 35
by block or street, within walking distance (no more than ¼-mile) of all neighborhood 36
residences. Other accessible designated open space areas (e.g., resource land or a stormwater 37
facility) that can accommodate compatible recreational uses may also be considered in meeting 38
this requirement. 39
40
(c) For an infill TND, one or more a accessible civic spaces within direct walking distance (no 41
more than ¼-mile) of neighborhood residences may be used to meet TND civic space 42
requirements, in lieu of providing civic space within the TND. 43
Commented [PC20]: (20) Note to Draft:
Cross-reference with section on accessory
structures, which has language to deal with
unusual circumstances such as through-lots
and corner lots.
Commented [PC21]: (21) For PC discussion.
Sharon recommends expanding from 8 to 12
feet, and clarifying that the distance is
measured from the building façade, not the
porch.
Commented [PC22]: (22) For PC discussion.
Rooted on the current SEQ standards, but
recommend stronger standard here to
promote pedestrian-oriented neighborhoods.
(23) Related, for PC consideration: mirroring
this language in Article 3 to apply to all new
homes, not only ones in TNDs.
Commented [SM23]: (24) For PC
discussion: Consistent with subdivision
standards, and current TND land use
allocation – but might want to consider
increasing slightly.
Commented [PC24]: (25) For PC discussion.
This would be a good candidate for a points
system approach.
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
8 DECEMBER 2020
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 8 December
2020, at 7:00 p.m., via Go to Meeting remote technology.
MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, D. Macdonald,
P. Engels
ALSO PRESENT: P. Conner, Director of Planning and Zoning; T. Newton, CCRPC; L. Kingsbury, D.
Long, R. Gonda, A. Chalnick, L. Nadeau, S. Dooley
1. Agenda: Additions, deletions or changes in order of agenda items:
Members agreed to move item #4 to follow item #7.
2. Open to the public for items not related to the Agenda:
No comments were made.
3. Planning Commissioner announcements and staff report:
Ms. Louisos noted that she had spoken to the City Council last night regarding amendments to
Chapters 10 and 12 of the LDRS.
Mr. Riehle noted he had listened to the Community Wildlife update which was interesting but
not really relevant to South Burlington.
Ms. Ostby recommended the book The Color of Law by Richard Rothstein.
Mr. Conner: The City Council unanimously adopted the amendments presented to them by
the Commission. At that meeting, Mr. Conner also gave a brief update regarding getting going
with a city Climate Plan.
4. (previously #5) Discuss candidate projects for FY2022, CCRPC Unified Planning Work
Program (UPWP) requests; possible recommendation to the City Council:
Mr. Conner said he is excited about this year’s list. He asked to add to the printed list the
section of rec path on Kimball Avenue as it goes past Potash Brook.
Mr. Mittag asked when Mary St. will be opened. Mr. Conner said when Garden Street is
finished, but there is a legal challenge to that.
2
Mr. Conner then explained that the City gives CCRPC its priority projects, and CCRPC looks at
requests from all across the County. All projects need to relate to transportation funding.
Regional projects tend to get priority, but they also hep local communities with projects based
on available funds.
Ms. Ostby felt there should be a regional policy for animal crossings, which could slow down
traffic.
Mr. Mittag moved to send the list of potential CCRPC projects to the City Council, including the
additional Kimball Avenue project. Mr. Riehle seconded. Motion passed unanimously.
5. (previously #6): Swift/Spear Intersection Scoping Study, possibly appointment of
Commissioner to Project Team:
Mr. Conner noted that there will probably be 4-5 meetings over 8 months. Members noted
that the project is near where Messrs. Mittag and Macdonald live and both are regular users.
Members were OK with Mr. Macdonald serving on the Project Team as he isn’t serving on
another committee at the moment.
Ms. Dooley noted there was a recommendation for a roundabout there.
6. (previously #7): Commission discussion of communications and outreach:
Ms. Louisos said she reached out to the Council Chair who thought it would be good for the
Commission to have a monthly update in The Other Paper.
Mr. Gagnon suggested using Front Porch Forum which has a link to minutes and audio
broadcasts of meetings. Mr. Gonda said they do immediate postings.
Ms. Ostby suggested utilizing the City’s Newsletter. Mr. Conner noted that is a bi-weekly
publication. All Department heads are asked to provide information of interest to the public.
Mr. Conner said he would be glad to provide Commission input.
Mr. Gagnon cited the importance of getting information out to the public in advance of the
Commission making decisions. He noted that many times people said “I didn’t know that was
happening.”
Ms. Ostby suggested the 4 January column for The Other Paper be about Articles 10 and 12.
Ms. Louisos said she is willing to contact The Other Paper.
3
7. (previously #4): Review Draft Amendments to Land Development Regulations:
a. Revised Flood Hazard Overlay District
Mr. Conner introduced Taylor Newton, Senior Planner with the CCRPC, who is a Certified
Floodplain Manager.
Mr. Newton noted he had recently joined CCRPC, having previously served as the Town Planner
in Milton.
Mr. Newton said the draft is not very different from the previous Section 10.01, but it will now
use the term “Floodplain Review,” which will focus on federally required standards. This would
be an overlay district on top of the base district. The city is not regulating the 500-year flood
plain which has been divided into B1 and B2 districts. In the B1 district, a property owner could
expand and/or newly develop under new rules. Ms. Louisos suggested referencing the map on
which this is shown.
Mr. Newton noted that the kinds of development that are exempted from flood plain rules
(based on State regulations) have been specifically identified. He added that any remodeling
over $500 needs to have a permit specific to flood plain regulations.
Mr. Newton then reviewed the application requirements that would have to be met including:
a. Flood plain development plan
b. Project review sheet
c. Information regarding base flood elevation (this doesn’t necessarily work for
the 500-year flood plain)
d. Information regarding average grade (building will have to be at least 2 feet
above this grade)
Mr. Newton noted that the DRB can be asked to waive one of the requirements. Mr. Conner
said this would be only for “common sense” things. Mr. Newton added that the DRB can ask an
expert (the NFIP Coordinator) for advice. Some floodplain reviews can be done administratively
(minor types); everything else would have to go to the DRB for a zoning permit.
Mr. Newton also noted that the development standards are essentially the same with added
standards for critical facilities and storage structures. 100-year floodplain rules have been
prohibiting basements. That same prohibition now applies to the 500-year floodplain. Ms.
Ostby asked whether there are things people could do to make basements safer. She noted
that the Ethan Allen Industrial Park could have a lot of storage below the retail/work spaces.
Mr. MacDonald added that a part of the 500-year floodplain goes through Butler Farms, a
4
residential area, where homes have basements. If they remodel, will they be told to do away
with their basements?
Mr. Newton said that if people were doing a remodel based on destruction of 50% or more of a
home, they would not be able to build a basement and would have to build 2-3 feet above
ground. Ms. Louisos added that just be raising utilities up could save a lot of money if there is a
flood.
Mr. Conner enumerated the areas where there are homes in the 500-year floodplain (12-15
homes in the Chamberlin neighborhood, 15 or so in Butler Farms, and some homes behind Rice
High School, about a total of 30 or 40 overall. Mr. Newton suggested possibly allowing existing
basements to continue even after extensive damage in the 500-year floodplain. Mr. Gagnon
said it would be a shame to have a flood after remodeling and suggested some possible middle
ground (elevating the furnace so it isn’t on the floor or requiring a sump pump to minimize the
damage).
Ms. Riehle said people in flood zones have to have flood insurance. Mr. Newton said that is not
necessarily true in the 500-year floodplain. Mr. MacDonald said people may not even know
they are in a floodplain.
Ms. Louisos said South Burlington has been spared a big flood for many years. The idea is to
help guide landowners so they avoid catastrophic damage. Ms. Ostby said it seems like a large
burden to put on a small number of households and she was leery of that.
Mr. Gagnon suggested changing the language of the 500-year floodplain to say if you renovate
a basement (e.g., change from an unfinished to a finished basement) you have to do these
things. Mr. Newton thought that could be made to work. Ms. Louisos said anything with those
2 feet should be raised above grade. Mr. Newton said it is important to understand that
structures that are substantially improved in the 500 year floodplain have to raise the entire
structure to be 2 feet above ground. He asked if that makes sense. Ms. Ostby said it won’t
make sense, and it could make it impossible. She suggested it might be a requirement if people
were adding a second or third floor.
Mr. Newton noted that some communities track three-year intervals, and people could do
improvements below the threshold over a 3-year period. Mr. Riehle asked why it should trigger
it at all. Mr. Conner said it lies in the purpose of a floodplain – to protect the loss of property
value.
Mr. Mittag felt they were getting into a “lot of weeds,” and there was a lot more thought
required.
5
Mr. Newton noted there is a restriction in the non-conforming structure section clarifying that a
floodproofing certificate be filed before a Certificate of Occupancy is issued. Mr. Conner said
that is an appropriate use of a CO, but South Burlington doesn’t require a CO for 1 and 2-family
homes per se. What is proposed would require more administrative cost, and that is something
to think about.
Mr. Riehle suggested Mr. Newton look at Article 12 before the Commission delves into it. Mr.
Conner said he has already asked for that. He will share any feedback he gets.
b. Article 12 – Environmental Protection Standards:
Ms. Louisos reminded members that Ms. Ostby had some issues regarding connectivity and Mr.
Mittag has underlined some issues .
Ms. Ostby pointed out 2 areas where connections are not mapped. Mr. Conner said there are
one or 2 parcels in front of Butler Farms that could be Neighborhood Development or could be
reduced. There is also a possible roadway connector between neighborhoods.
Mr. Gagnon asked what is the scientific evidence for the 2 areas. Ms. Ostby said there is no
scientific evidence. She is familiar with the area, and zoning is protecting the connection. But if
the zoning changes, the connectivity should be identified. Mr. Gagnon said he wanted to be
sure they are documented connections as any regulations would have to be defensible. Mr.
Conner said he could have Jens Hilke, Conservation Planner with the Vermont Department of
Fish and Wildlife, take a look at the areas.
Mr. Gonda, Chair of the Natural Resources/Conservation Committee, noted that it is one of the
major tasks of the Committee for the year to map out connections of habitat blocks. He felt the
Commission’s map was a good starting point for that study. He also said he had a problem with
citing “scientific evidence.” Mr. Gagnon said there has to be compelling evidence to have a
rationale for drawing lines. Mr. Conner said there can be “multiple indicators.” He noted that
everyone can see some level of wildlife in their backyards. Mr. Mittag noted that a study of
wildlife in South Burlington was done including where it was and how it traveled.
With regard to Mr. Mittag’s concerns, he said one thing he would consider is widening buffers.
He felt there was good material in earlier reports that should be considered. He said the
downside of this would be to make it more difficult for there to be exceptions. He also said it is
hard to do this in a virtual meeting on the fly.
Ms. Ostby cited the need to be careful with words like “no build” as there are “no build” areas
with exceptions.
6
Ms. Louisos suggested looking at buffers and encroachments again.
8. Meeting Minutes of 24 November 2020:
Mr. Mittag moved to approve the Minutes of 24 November as written. Mr. Riehle seconded.
Motion passed unanimously.
9. Other Business:
Members discussed the possibility of a special meeting next week. Mr. Conner will poll
members to come up with a day and time.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:35 p.m.
___________________________________
Clerk