HomeMy WebLinkAboutAgenda - Planning Commission - 08/18/2021South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
(802) 846-4106
www.sbvt.gov
Special Meeting Wednesday, August 18, 2021
City Hall, 180 Market Street
7:00 pm
The Planning Commission will attend this meeting in person. Members of the public may attend in
person or digitally via GoToMeeting.
Participation Options:
In person: South Burlington City Hall Auditorium, 180 Market Street
Interactive Online (audio & video): https://www.gotomeet.me/SBCity/pc-2021-08-18
Telephone (audio only): (669) 224-3412; Access Code: 908-604-237
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 (7:05 pm)
4. *Continue review of draft amendments to the Land Development Regulations , with Sharon Murray, Front
Porch Community Planning & Design (7:15 pm)
a. Conservation PUD Type Draft Review
b. Discussion link between PUD standards and draft Subdivision and Master Plan standards;
Commissioner questions on drafts
c. Initial discussion of Infill PUD Type [draft text to come]
5. *Meeting Minutes: July 13 and July 27, 2021 (8:50 pm)
6. Other Business: (8:55 pm)
a. Review project schedule; meeting schedule
7. Adjourn (9:00 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Virtual Meeting Public 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. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently
presenting / commenting will have their video on.
3. 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.
4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant
in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may
unmute yourself and verbally state your interest in commenting, or type a message in the chat.
5. Once recognized by the Chair, please identify yourself to the Commission.
6. 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 complete the agenda.
7. Please address the Chair. Please do not address other participants or staff or presenters and please do not
interrupt others when they are speaking.
8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint.
Indications of support are most efficiently added to the chat.
9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to
allow other participants to address the Commission before addressing the Commission for a second time.
10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning
Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters.
Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to
explore an issue, provide input and influence public opinion on the matter.
11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All
written comments will be circulated to the Planning Commission and kept as part of the City Planner's official
records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be
included in the record. Email submissions are most efficient and should be addressed to the Director of Planning
and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com.
12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items
specifically related to the agenda item under discussion. The chat should not be used to private message
Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages
on technical issues are welcome at any time. The Vice-Chair will monitor the chat and bring to the attention of
Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official
meeting minutes.
13. In general discussions will follow the order presented in the agenda or as modified by the Commission.
14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently
focused to help guide participants.
15. The Commission will try to keep items within the suggested timing published on the agenda, although published
timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda
items scheduled later in the meeting are likely not be covered and communicate with meeting participants any
expected change in the extent of the agenda. There are times when meeting agendas include items at the end
that will be covered “if time allows”.
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: August 18, 2021 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 (7:05 pm)
Staff Report:
- The City Council will be considering a resolution on Tuesday August 17th establishing a Climate
Action Plan Task Force that will work with staff, the CCRPC, and the Vermont Climate Council to
develop the City’s first Climate Action Plan.
- The Official Map amendment approved by the Commission last month is scheduled for a first
reading and possible warning of a public hearing by the City Council at their next regular meeting,
September 7th.
4. *Continue review of draft amendments to the Land Development Regulations, with Sharon Murray, Front
Porch Community Planning & Design (7:15 pm)
a. Conservation PUD Type Draft Review
Hot of the press, so to speak, is a full draft of the Conservation PUD Type. Sharon Murray has
provided it in two forms, an easier to read “clean” form and a “marked up” version with her notes
and questions. Staff has not reviewed this draft yet; we’re sharing it at the same time as receiving it.
A couple of key notes from Sharon:
“One key area identified for PC discussion, as it affects all drafts to date, is the definition of
“Buildable Area” – i.e. whether this should specifically include or exclude Level I Resources, as
applied under both subdivision and PUD regulations.
This version is also awfully long – and intentionally includes some redundancies – but can be edited
further following PC review for brevity, and to simply reference other articles/sections where
appropriate…”
b. Discussion link between PUD standards and draft Subdivision and Master Plan standards;
Commissioner questions on drafts
As part of your last meeting packet, Chair Jessica Louisos provided weblinks to the draft Subdivision
and Master Plan language. These standards will tie directly into the Conservation PUD (and other
PUD Type) work, and so we’ll draw that link for you at this meeting. In addition, as you prepare to
2
look once more next month at thresholds for PUDs, we thought it would be helpful for
Commissioners to be refreshed on what the standards for a “non-PUD” subdivision would be.
From Jessica’s memo on 7/27:
At our last meeting folks expressed interest in brushing up on the status of the draft subdivision and
master plan portions of the work. Reviewing these sections would be good homework so that we
have all familiarized ourselves with those drafts. Draft versions of these sections are included in the
January 26, 2021 “complete draft” which is available on the City website for the Planned Unit
Development and Master Plan Project:
https://cms6.revize.com/revize/southburlington/Planning/LDR%20Amendments/2021-
01/DRAFT%20Complete%20LDRs%202021-01-26%20reduced.pdf
15.A Subdivision Review – begins on page 285 of the document
15.B Master Plan Review – begins on page 317 of the document
Sharon will be sharing a draft of the Conservation PUD language as soon as possible. At that time
City staff will also put the draft onto the City website for the Planned Unit Development and Master
Plan Project:
https://www.southburlingtonvt.gov/departments/planning_and_zoning/PUD_/_Master_Plan_Proje
ct.php
c. Initial discussion of Infill PUD Type [draft text to come]
Sharon reports that she’s working on this draft this week and hopes to provide it to Commissioners
before the meeting. Understanding that Commissioners and the community will naturally want time
to review the draft, at this meeting we’re simply reserving time to give an overview in preparation
for the next meeting.
5. *Meeting Minutes: July 13 and July 27, 2021 (8:50 pm)
See enclosed draft minutes
6. Other Business: (8:55 pm)
a. Review project schedule; meeting schedule
The Commission has scheduled meetings on August 24 and 31 and September 14 and 28. We’d like
to discuss reserving a date during the first week of September for a special meeting as well as the
deadline for this project under Interim Zoning is quickly approaching.
7. Adjourn (9:00 pm)
Planning Commission Draft
August 18, 2021
Page 1 of 14
15C.07 Conservation PUD (CON) 1
[NOTE: THIS IS A WORKING DRAFT FOR FURTHER DISCUSSION RE FORMAT, STANDARDS, ETC. WITH THE 2
PLANNING COMMISSION AND COMMUNITY. 3
4
[ADD ILLUSTRATION] 5
6
A.____Description. A Conservation PUD (CON PUD) is a type of planned development intended to 7
permanently conserve natural resource and other open space areas identified by the City for protection 8
in conformance with the Comprehensive Plan; while also allowing for compatible, clustered forms of 9
land subdivision and development on a portion of the tract or parcel to be conserved. The primary 10
objective of this PUD type is to conserve large or contiguous tracts of open space in designated 11
“Conservation Areas” by allowing for the transfer of development rights from these areas to a 12
designated “Development Area” delineated to exclude the adjoining Conservation Area, as shown on 13
the PUD Master Plan. Flexibility is provided as necessary to site and cluster new development on 14
building lots within the Development Area, at densities that can be supported by available buildable 15
acreage and infrastructure capacity and, where applicable, allowed building types. 16
17
B.____Purpose. The purposes of a Conservation PUD are to: 18
19
• Protect public health, safety, and welfare by avoiding land subdivision and development within 20
Hazard Areas regulated under Articles 10 and 12, including floodplains, river corridors, wetlands, 21
and very steep slopes. 22
• Minimize the subdivision, fragmentation, and development of Level I and Level II Resource Land 23
identified by the City for protection under Articles 10 and 12; 24
• Include other valued open space resources identified on the tract or parcel within delineated 25
Conservation Areas, where necessary and appropriate; 26
• Contribute to a linked network of permanently protected open spaces and greenways within the 27
City; 28
• Provide for sustainable long-term resource management, and compatible forms of outdoor 29
recreation, within designated Conservation Areas. 30
• Provide flexibility in subdivision layout and design within the designated Development Area to 31
promote a more efficient, clustered form of development that creates walkable, pedestrian-32
friendly neighborhoods, minimizes resource fragmentation, limits encroachments within 33
conserved open space areas, and reduces the extent and cost of supporting infrastructure. 34
35
C.____Applicability. A Conservation PUD is an allowed PUD type within underlying zoning districts 36
listed in Table 15C-1. [Note: To be determined]. 37
38
(1) A Conservation PUD is elective for the subdivision and development of any parcel of four (4) 39
or more acres in which a minimum of 50% of the total tract or parcel area consists of Hazards and 40
Level I or Level II Resource Areas identified for protection under Articles 10 and 12, to allow for the 41
transfer of development rights from these areas to an area designated for development on the tract 42
or parcel. 43
44
Planning Commission Draft
August 18, 2021
Page 2 of 14
(2) A Conservation PUD is required for any proposed subdivision and development of land of 1
four (4) or more acres within the following Southeast Quadrant Sub-Districts: NRT-SEQ, NR-SEQ, 2
NRN-SEQ, as shown on the map entitled “Southeast Quadrant Zoning Map.” 3
4
(a) For SEQ parcels in existence as of the effective date of these Regulations [date] that are 5
ten (10) or more acres in total area; one “carve out” subdivision and development of no more 6
than four (4) acres under applicable subdivision and zoning district regulations may be allowed 7
before a Conservation PUD may be required. (see marginal note, calculations) 8
9
(3) A Conservation PUD may incorporate or be proposed in association with another PUD type 10
allowed within the underlying zoning district (e.g., a TND) if the total tract or parcel acreage is 11
sufficient to meet minimum Conservation and Buildable Area acreage requirements for each PUD 12
type. 13
14
D._____Context. For planning and design purposes, the Conservation PUD planning area must at 15
minimum include all existing Hazard, Level I, and Level II Resource Land; other potential open space 16
areas identified through site investigation; and all streets, paths, lots, buildings, uses, and supporting 17
infrastructure located within ¼-mile of the tract or parcel to be conserved and developed, or within ½-18
mile of the tract or parcel if located on an existing or planned transit route, as measured from the 19
property line or delineated PUD boundary. 20
21
E._____Conservation PUD Sub-Zones. A Conservation PUD must include the following Sub-Zones, as 22
designated on the PUD Master Plan, and as more specifically identified and delineated on preliminary 23
and final subdivision plans and plats: 24
25
(1) Conservation Area. A Conservation PUD must include one or more designated 26
“Conservation Areas” which at minimum incorporate 70% of the total tract or parcel area; and 27
which, to the maximum extent physically feasible, are contiguous or linked to resource or other 28
open space areas on adjoining parcels or in the immediate vicinity of the proposed PUD. 29
30
(a) The designated Conservation Area(s) must include and incorporate: 31
32
(i) Hazards, as defined and regulated under Articles 10 and 12 (Table 12-01) which, as 33
unbuildable land, are not eligible for or subject to the transfer of development rights; 34
and 35
36
(ii) Level I and Level II Resources, as defined and regulated under Articles 10 and 12 37
(Table 12-01) which, within a Conservation PUD, are eligible for and subject to the 38
transfer of development rights. In meeting the minimum 70% allocation requirement, 39
Level I Resource Land is to be given priority for inclusion within a designated 40
Conservation Area. 41
42
(iii) Other locally identified open space resource areas present on the tract or parcel, as 43
necessary to meet the minimum 70% allocation requirement. These may include [in 44
order of priority]: 45
Planning Commission Draft
August 18, 2021
Page 3 of 14
1
• Additional buffer areas around Hazards, Level I, or Level II Resources. 2
• Arable farmland, including primary agricultural soils, and existing farm fields, open 3
meadows, and grasslands. 4
• Natural communities, including habitat supporting rare, threatened, and 5
endangered plant and animal species. 6
• Park land or other open space intended and designed for passive outdoor 7
recreation. 8
• Woodland or mature tree stands located outside of mapped Habitat Blocks and 9
Connectors regulated under Article 12. 10
• Scenic gateways, views and viewsheds present on site. 11
• Historic sites, structures, and landscape features present on site. 12
• Other Open Space areas identified for consideration in the City’s Comprehensive 13
Plan, or through local site investigation. 14
15
(b) In the SEQ District, a Conservation Area may also include and incorporate land on the 16
tract or parcel that is located within the NRP-SEQ Sub-District, as eligible for the Transfer of 17
Development Rights either within the Conservation PUD, or to another designated receiving 18
area under Section 9.05 (Transfer of Development Rights). 19
20
(c) A designated Conservation Area may also include infrastructure or utilities that cannot 21
be sited within an adjoining Development Area, including allowed encroachments regulated 22
under Articles 10 and 12, but these areas cannot be counted toward meeting the minimum 70% 23
resource allocation requirement (see Subsection J below). 24
25
(d) The Conservation Area(s) must be identified on the PUD Master Plan, and subsequently 26
shown as a “Conservation Lot” on preliminary and final subdivision plats, as undivided, 27
permanently protected Open Space to be managed and maintained in single or common 28
ownership under an Open Space Plan approved by the DRB. Options to ensure permanent 29
protection and sustainable long-term management of conserved resources include: 30
31
(i) Identification of Conservation Lots on the recorded subdivision plat, and in recorded 32
deeds and condominium or association agreements, as permanently protected open space 33
to be held and managed in common ownership under an open space plan approved by the 34
DRB; and 35
36
(ii) A conservation easement that prohibits future subdivision and development, and 37
defines the range of permitted activities, to be held by the City or a qualified nonprofit 38
organization acceptable to the DRB and City Attorney, such as a land trust or conservancy; 39
or 40
41
(iii) Dedication of land in fee simple to the City, or a qualified nonprofit conservation 42
organization acceptable to the DRB and City Attorney. 43
44
Planning Commission Draft
August 18, 2021
Page 4 of 14
(e) Future subdivision and development within the designated Conservation Area shall be 1
prohibited, as noted on the approved subdivision plan and plat. 2
3
(f) The Open Space Plan and Conservation Easement required in association with 4
Conservation Area designation must be prepared [by/ in consultation with] a qualified 5
professional, such as a landscape architect, conservation biologist, or forester, with 6
demonstrated expertise in the sustainable, long-term management of those resources identified 7
for protection. The Open Space Plan at minimum must identify and describe: 8
9
(i) Delineated Hazards, Level I and II Resources, and other open space resources 10
identified for protection within the Conservation Area(s), including their relationship to 11
open space areas on adjoining parcels, and in the immediate vicinity of the proposed PUD; 12
13
(ii) The entity or entities responsible for the stewardship and management of resources 14
within the Conservation Area, in compliance with the terms of PUD subdivision approval and 15
conservation easements; 16
17
(iii) The intended use and proposed long-term management of each delineated hazard 18
or resource area included in the Conservation Area(s); in accordance with relevant 19
environmental protection standards under Articles 10 and 12, accepted management 20
practices, and proposed maintenance schedules; 21
22
(iv) Any proposed encroachments, or resource-compatible uses or activities proposed 23
within the designated Conservation Area(s); and 24
25
(v) Proposed measures necessary to minimize and mitigate the adverse impacts of 26
proposed uses or encroachments on protected resources. 27
28
(g) Conservation Area boundaries must be clearly and permanently marked in the field with 29
signage approved by the DRB that identifies the area(s) as protected open space, at minimum as 30
required for protected resources under Article 12. 31
32
(2) Development Area. A Conservation PUD must also include a designated “Development 33
Area” that excludes the Conservation Area(s), represents no more that 30% of the total tract or 34
parcel area, [is directly accessible from/has frontage on] the existing street network,] and which has 35
the buildable area and infrastructure capacity necessary to also accommodate development rights 36
transferred from Level I and II Resource Areas. 37
38
(a) The Development Area must be located adjacent or proximate to existing or planned 39
municipal transportation, water supply, and wastewater infrastructure and, to the maximum 40
extent physically feasible, to existing or planned development in the immediate vicinity. 41
42
(b) The Development Area must be sited and delineated to minimize allowed 43
encroachments under Articles 10 and 12 within the designated Conservation Area(s). 44
45
Planning Commission Draft
August 18, 2021
Page 5 of 14
(c) Within the SEQ District, no Development Area may be located within the NRP Sub-1
District. 2
3
(d) The Development Area must be able to accommodate a concentrated, clustered form of 4
residential or mixed use development that is consistent and compatible with the overall type 5
and density of development allowed within the underlying zoning district(s); but which may 6
incorporate a higher effective density of development as necessary to also accommodate 7
development rights transferred from the Conservation Area(s) on the tract or parcel. 8
9
(e) Alternatively, a Development Area may incorporate or consist of another, associated 10
PUD Type, such as a TND, as allowed within the underlying zoning district, if there is sufficient 11
Buildable Area to meet minimum PUD standards, including land use allocation standards specific 12
to that PUD type, and to accommodate the development rights transferred from associated 13
Conservation Areas. 14
15
(3) Buffer Area. A Conservation PUD may incorporate one or more Transition Zones under 16
15C.04(E) and the requirements of this subsection, as a designated Buffer Area between designated 17
Conservation and Development Areas, or between a proposed Conservation Area and existing or 18
planned development on adjoining properties, as necessary to separate incompatible uses (such as a 19
residential neighborhood from an active farming operation), or to avoid, or to minimize and 20
mitigate, the adverse impacts of development on conserved resources and open space. 21
22
(a) For purposes of tract area allocation and residential density calculations under this 23
Section, the land area within a Buffer Area shall be included as part of the total land area 24
included in the designated Development Area. 25
26
F._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density 27
provisions under Section 15C.04, for a Conservation PUD: 28
29
(1) As an offset for required open space protection, the residential development density 30
applicable within the underlying zoning district may be allocated to Level I Resource and SEQ-NRP 31
Sub-District land included within the Conservation Area, for transfer to and application within the 32
designated Development Area. 33
34
(2) The total number of residential units (excluding accessory dwelling units), and the effective 35
residential density within the designated Development Area allowed by right, to include 36
development rights (units) transferred from an associated Conservation Area, may be determined in 37
one of two ways, as applicable: 38
39
(a) Zoning District. If based only on the underlying zoning district, the maximum number of 40
dwelling units and effective residential density that may be accommodated within the 41
designated Development Area shall be calculated based on the maximum residential density (in 42
dwelling units per acre) specified for the underlying district under Appendix C, as applied to the 43
total tract or parcel area, less the total tract area included in Hazards, and rounded down: 44
45
Planning Commission Draft
August 18, 2021
Page 6 of 14
Units (Yield) = (Total Tract Area – Hazards Area) x District Density (DU/A) 1
2
The effective residential density within a designated Development Area, if representing 30% of the 3
total tract area, can then be calculated based on the total Development Area, less street rights-of-4
way (Buildable Area). 5
6
(b) Associated PUD Type. If the designated Development Area has the minimum Buildable 7
Area needed to accommodate another PUD Type allowed within the underlying zoning district, 8
such as a TND, the number of units allowed by right within the Development Area shall be 9
calculated to include: 10
11
(c) the minimum number of units based on the residential density and land use allocation 12
specified for that PUD type, as applied to the total Buildable Area within the designated 13
Development Area, and 14
15
(d) the total number of units transferred from the designated Conservation Area(s), 16
excluding hazard areas, calculated based on the maximum residential density allowed within the 17
underlying zoning district. 18
19
(e) The effective residential density can then be calculated based on the total Buildable 20
Area within the designated Development Area that is allocated for residential development. 21
22
23
Example: Total Tract Area = 20 Acres, Hazards = 1.5 Acres, District Density =1.2 DU/Acre
Units (Yield) = (20 A -1.5 A) x 1.2 DU/A = 22.2 or 22 Dwelling Units
Gross Density = 22 units/20 Acres = 1.1 DU/Acre
Development Area = 30% Tract Area (max) = 0.3 x 20 A = 6 Acres
Buildable Area = 6 Acres – Streets (0.6 A) = 5.4 Acres
Effective Residential Density in Development Area = 22 DU/5.4 A or 4.07 DU/Acre
Example: Total Tract Area = 20 Acres, Hazards = 1.5 Acres
District Density (Max) = 1.2 DU/Acre
Conservation Area (70%) = 14 Acres – Hazards (1.5 A) = 12.5 Acres
Conservation Area Development Rights = 12.5 Acres x 1.2 DU/A = 15 Dwelling Units
Development Area (30%) = 6 Acres
Buildable Area = 6 Acres – Streets (0.6 A) = 5.4 Acres
TND Residential Land Allocation (65% Buildable Area) = 0.65 x 5.4 A = 3.51 Acres
TND Density (Min) = 4 DU/Acre
TND Units (min) = 3.51 Acres x 4 DU/A = 14.04 or 14 Dwelling Units
Total Yield (Units) = 15 Conservation + 14 TND Units = 29 Dwelling Units
Gross Density = 29 DU/20 Acres = 1.45 DU/Acre
Effective Residential Density in Development Area = 30 DU/3.8 A = 7.9 DU/Acre
Planning Commission Draft
August 18, 2021
Page 7 of 14
(3) Modification of the maximum residential density and number of dwelling units within a 1
Conservation PUD shall be allowed only as provided for within the underlying zoning district, under 2
an associated PUD type, or for the provision of affordable housing under Article 18 (Affordable 3
Housing) and, within the SEQ District, under Section 9.05(F) (Affordable Housing Density Increase). 4
5
G._____Allowed Uses. 6
7
(1) Development Area. Any use allowed as permitted or conditional use in the underlying 8
zoning district(s) is allowed as a permitted use within the designated Development Area of a 9
Conservation PUD. Separate conditional use review or permits shall not be required. 10
11
(2) Conservation Area(s). Within the designated Conservation Area allowed uses may include: 12
13
(a) Only those uses, structures, or encroachments allowed within Hazards and Resource 14
Areas, as specified under Articles 10 and 12, subject to separate DRB review and approval under 15
associated environmental protection standards; and 16
17
(b) Resource-compatible activities or uses necessary for the sustainable, long-term use and 18
management of protected resources, as specified in the Open Space Plan approved by the DRB 19
under Subsection E above. 20
21
H._____Conservation PUD Dimensional Standards. 22
23
(1) Subdivision standards under Article 15A and zoning district use and dimensional standards 24
under Appendix C as generally applicable to the tract or parcel, including block, building lot, height, 25
setback, and coverage standards, may be modified or reduced by the DRB within the designated 26
Development Area of a Conservation PUD as necessary to accommodate the transfer of 27
development density, and to allow for a more compact, walkable, and efficient form of 28
development. In approving modifications or reductions in required dimensional standards, the DRB 29
must find that within the designated Development Area: 30
31
(a) There is sufficient Buildable Area and existing or planned infrastructure capacity 32
available to support the type, form, and density of proposed development; and 33
34
(b) The modifications or reductions in required dimensional standards will result in a more 35
compact, walkable, and efficient form of residential neighborhood or mixed use development 36
within the designated Development Area. 37
38
(2) However, within a Conservation PUD that incorporates another PUD type as the designated 39
Development Area under 15C.07(E) above, the dimensional standards for that PUD type, which may 40
also vary by building type, shall apply within the designated Development Area. 41
42
I._____Conservation PUD Design Process. The following steps must be followed, in order, in the 43
subdivision, layout, and design of a Conservation PUD, as documented in association with the 44
development of the PUD Master Plan: 45
Planning Commission Draft
August 18, 2021
Page 8 of 14
(a) Conservation Area(s). Identify and delineate one or more designated Conservation 1
Areas on the tract or parcel to be protected, as described under Subsection (E) above, to include 2
delineated Hazard, Level I and Level II Resource Areas, and other open space areas needed to 3
meet the minimum 70% allocation requirement. 4
5
(b) Development Area. Identify and delineate the designated Development Area, as 6
described under Subsection (E) above, to exclude the designated Conservation Area(s), and to 7
include proposed streets, blocks, building and civic space lots, designated parking areas and 8
supporting infrastructure easements or rights-of-way. 9
10
(c) Buffer Area. Identify and delineate one or more Buffer (Transition) Areas between 11
designated Conservation and Development Areas, as described under Subsection E, as necessary 12
to separate incompatible land uses and forms of development; or to avoid, or where allowed, to 13
minimize and mitigate the adverse impacts of development, including allowed encroachments, 14
on resources and open space areas identified for protection. 15
16
J._____Conservation PUD Design Standards. The applicant for a Conservation PUD must demonstrate 17
how the PUD is consistent with the stated description and purpose a Conservation PUD under 15C.07(A)-18
(B) above; and following Conservation PUD Design Standards, as indicated in the Conservation PUD 19
Master Plan, and incorporated on preliminary and final subdivision plans. 20
21
(1) The Development Review Board may modify a standard under this Subsection only as follows, 22
or in association with an accepted form of Alternative Compliance under 15C.04(C). 23
24
(a) The DRB may modify a standard under this subsection within a designated Conservation 25
or Buffer Area only as necessary to accommodate allowed uses and encroachments, or to 26
provide for limited access and connectivity within protected resource areas, subject to separate 27
DRB review and findings under Articles 10 and 12. 28
29
(b) The DRB may modify a standard under this subsection within a designated Development 30
Area only as necessary to accommodate the allowed density of development, including 31
development rights transferred from the Conservation Area. 32
33
(c) Any proposed form of Alternative Compliance under a Conservation PUD design 34
standard must clearly achieve the intent of standard to be modified, as required under Section 35
15C.04(C). 36
37
(2) Conservation Area Design Standards. 38
39
(a) Open Space Context. The Conservation Area(s) shown on the PUD Master Plan, and 40
associated Conservation Lots delineated on preliminary and final subdivision plans, to the extent 41
physically feasible must be configured to include the acreage and means of access necessary to 42
allow for intended use, and for the sustainable long-term management of resources identified 43
for protection. 44
45
Planning Commission Draft
August 18, 2021
Page 9 of 14
(i) For managed agricultural or forest land retained in private ownership, the allocated 1
acreage should be sufficient to qualify for parcel enrollment in the state’s Use Value 2
Appraisal (Current Use) Program. 3
4
(b) Contiguity. As necessary to minimize the fragmentation of open space resources, and 5
to establish or maintain an interconnected network of open space in the City, Conservation 6
Area(s) must be sited and configured to the extent physically feasible to: 7
8
(i) Maintain contiguous open space by extending, or by connecting via existing or 9
planned greenways, buffer areas, or Habitat Connectors, open space areas located on the 10
PUD tract or parcel, on adjoining parcels and, where feasible, in the immediate vicinity of 11
the proposed PUD; and to 12
13
(ii) Avoid further land subdivision, development, and physical encroachments, such as 14
connecting streets, driveways, or utility corridors, within the adjoining Conservation Area(s), 15
except as provided for and regulated under Articles 10 and 12. 16
17
(iii) Provide for the extension of existing and planned recreation path or trail networks, 18
including such facilities shown on the City’s Official Map, within designated greenways, 19
buffer areas, or trail corridors sited to avoid Hazards, and to minimize adverse impacts to 20
Level I, Level II, and other protected open space resources identified on site, and on 21
adjoining parcels. 22
23
(c) Access. Vehicle access to or within a Conservation Area is limited to that required in 24
support of long-term resource management, for example to accommodate vehicles, equipment, 25
and machinery used in resource maintenance and management; and to access allowed uses 26
identified in the Open Space Plan, such as passive outdoor recreational use. 27
28
(i) A dedicated access road or driveway serving the Conservation Area, separate from 29
that provided for development within the Development Area, may be required as necessary 30
to ensure access for long-term resource management and public safety. 31
32
(ii) Access points to the Conservation Area must be clearly identified on plans and plats; 33
and posted with permanent signage identifying the Conservation Area and indicating 34
allowed uses. 35
36
(d) Infrastructure and Utilities. The following infrastructure and utilities, as necessary to 37
meet City ordinance requirements, clearly stated Comprehensive Plan objectives, or to serve the 38
adjoining Development Area, may be sited within the designated Conservation Area(s), as 39
shown on the PUD Master Plan, only in a manner that either avoids, or minimizes and mitigates 40
adverse impacts to protected resources; however the acreage associated with these facilities 41
shall not be counted toward meeting the minimum 70% allocation requirement: 42
43
44
45
Planning Commission Draft
August 18, 2021
Page 10 of 14
(i) Ground-mounted solar arrays; 1
(ii) Designated parking areas needed to serve intended uses within the Conservation 2
Area; 3
(iii) Stormwater management facilities, including infiltration and retention ponds; 4
(iv) Water supply and wastewater system infrastructure, including well shields or 5
disposal fields; or 6
(v) Other infrastructure or utilities included on the City’s Official Map; or which are 7
determined by the DRB to be necessary to support adjoining development and which cannot 8
be sited within the Designated Development Area. 9
10
(e) Landscaping and Screening. Vegetative buffers, landscaping, and fencing must be 11
provided as necessary to physically and visually separate protected resources within the 12
Conservation Area from development on adjoining properties, in a manner that is aesthetically 13
compatible with the surrounding landscape. 14
15
(i) Fencing that would impede wildlife movement is prohibited within the Conservation 16
Area. Fencing bordering or located within the Conservation Area must comply with fencing 17
requirements under Article 12, and Section 13.17 (Fences) of these Regulations. 18
19
(ii) Fencing within the Conservation Area must be made of natural materials; except for 20
fencing associated with an agricultural or a recreational use, or an allowed utility or facility. 21
Any chain link fencing installed for such purposes must be plastic coated in either dark green 22
or black. 23
24
(3) Development Area Design Standards. 25
26
(a) Development Context. Land subdivision and development within the Development 27
Area of a Conservation PUD must define an efficient, compact, walkable and pedestrian-friendly 28
form of residential neighborhood or mixed use development that is: 29
30
(i) Consistent with zoning district or associated PUD type standards, including relevant 31
purpose statements, allowed uses, building types where applicable, and dimensional 32
standards as may be modified or reduced under Subsection H above. 33
34
(ii) Compatible with planned development in the area, as specified in the 35
Comprehensive Plan and zoning or PUD purpose statements, to include similar or 36
complementary uses and patterns of land subdivision and development. 37
38
(iii) Set back and buffered from incompatible uses and forms of development on 39
abutting parcels; and from the delineated Conservation Area, as necessary to avoid or to 40
minimize and mitigate encroachments and adverse impacts to protected resources under 41
Articles 10 and 12. 42
43
(iv) Set back from existing arterial and collector streets as required under Section 3.06 44
(Setbacks and Buffers). 45
Planning Commission Draft
August 18, 2021
Page 11 of 14
1
(b) Connectivity. Street, recreation path, pedestrian, and transit connectivity must be 2
provided or maintained within the designated Development Area, and between the 3
Development Area and existing or planned development on adjoining parcels and in the vicinity 4
of the proposed development, in accordance with applicable subdivision requirements under 5
Article 15A, to the extent that this does result in encroachments within the Conservation Area, 6
or adverse impacts to protected resource areas, except as allowed and regulated under Articles 7
10 and 12. 8
9
(i) Streets, sidewalks, recreation paths, and supporting infrastructure and utilities shall be 10
designed in a manner that allows for the extension of such facilities to adjacent 11
properties located in areas planned for development, outside of designated 12
Conservation Areas. 13
14
(c) Streets, Blocks, and Lots. Zoning district and subdivision standards pertaining to 15
streets, blocks, and building lots under Article 15A, or an associated PUD type, shall apply to 16
development within the Development Area, except for associated density and dimensional 17
standards as may be modified or reduced within a Conservation PUD under Subsection H above. 18
In addition: 19
20
(i) The Development Area may border and be accessed from an arterial street, subject 21
to required setbacks under Section 3.06; but must include only local or collector streets. No 22
building lot within the Development Area may front on an arterial street, except as may be 23
allowed within the zoning district(s) applicable to the proposed Development Area. 24
25
(ii) The Development Area must incorporate Street Types (Article __), as allowed within 26
the underlying zoning district or associated PUD type, that are appropriate to the 27
development context, including the size of the designated Development Area, and the type, 28
scale, and density of proposed development within it. 29
30
(iii) The layout of streets, blocks, and building and civic space lots within the 31
Development Area must define a compact, walkable, interconnected, and pedestrian-scaled 32
form of development that provides direct and efficient pedestrian and bicycle access and 33
connectivity. Required block lengths and building lot frontage may be reduced as allowed 34
under Subsection H. 35
36
(iv) To the extent physically feasible, streets that border a Conservation Area must be 37
single-loaded (accessed only from the development side) and laid out to follow or parallel 38
the delineated Conservation Area boundary, as necessary to maintain street connectivity 39
within the Development Area, to define a clear transition between the Development Area 40
and protected open space within the adjoining Conservation Area, and to reinforce that 41
protected open space is not intended to serve as an extension of rear yards. 42
43
(v) Dead-end streets and cul-de-sacs are prohibited, except as may be allowed under 44
Section 15.A.14 (Street Network) to avoid encroachments within the Conservation Area, 45
Planning Commission Draft
August 18, 2021
Page 12 of 14
including resource areas identified for protection under Articles 10 and 12. Such streets 1
may not exceed 200 FT in length. 2
3
(vi) Where the total Development Area acreage or number of allowed building lots or 4
units is insufficient to meet minimum block standards; pedestrian connections between 5
building and civic space lots, and any allowed dead-end streets or cul-de-sacs, must be 6
maintained through on-street sidewalks or connecting off-street recreation or pedestrian 7
paths, as shown on the PUD Master Plan. 8
9
(d) Civic Space. A minimum of 10% of the total Buildable Area must be allocated to one or 10
more Civic Space lots, by Civic Space Type (Article __), within any Development Area that 11
exceeds two (2) acres in size [and includes ten (10) or more dwelling units or mixed use 12
development]. Civic space in this context is intended to serve as a focal point or visually defining 13
feature of the development, in support of neighborhood gatherings, local businesses, social 14
engagement and interaction, and more programed or organized outdoor recreation. The type 15
of Civic Space selected may vary based on the development context, including available 16
buildable acreage, proposed uses as allowed within the underlying zoning district, and the type 17
and density of proposed development; however: 18
19
(i) Civic space lots must be integrated into the fabric of development design, as 20
physically and visually distinct public spaces that can be accessed on foot. There must 21
[should] be a designated Civic Space lot located within walking distance (¼-mile) of each 22
building lot. 23
24
(ii) Civic space design, including proposed amenities, must be consistent with the 25
selected Civic Space Type(s), and intended use. 26
27
(e) Building Types. Building types, including housing types, allowed within the 28
Development Area include principal buildings and accessory structures designed to 29
accommodate uses allowed within the applicable zoning district(s); or Building Types (Article 30
___) as specified for an associated PUD Type such as a TND. 31
32
(i) Buildings within the Development Area must meet applicable zoning district or 33
Building Type standards, including the minimum or maximum number of dwelling units 34
allowed per lot or structure. 35
36
(ii) Associated dimensional lot area, frontage, setback, coverage, and height 37
requirements may be modified or reduced under Subsection H above as necessary to 38
accommodate the effective increase in development density in the Development Area. 39
40
(iii) Principal buildings and building entrances must be oriented to and accessed from 41
the street, an adjoining courtyard, or civic space. Secondary entrances may open onto side 42
or rear garages or parking areas. The placement of garages and parking areas within the 43
Development Area, if not specified otherwise specified by zoning district or associated PUD 44
type, must meet applicable Site Plan standards under Section ___. 45
Planning Commission Draft
August 18, 2021
Page 13 of 14
1
(f) Housing Mix. A mix of two or more housing types and styles must be provided as 2
allowed within the applicable zoning district, or as required for affordable housing or specified 3
for an associated PUD Type, for any residential or mixed use development that includes ten (10) 4
or more dwelling units. Within these developments, the Development Area must include an 5
integrated mix of housing types and styles within neighborhoods, blocks, and along street 6
frontage, rather than segregating or compartmentalizing housing types by block or street. 7
8
(g) Utilities and Facilities. To the maximum extent feasible, infrastructure and utilities 9
required to support the type and density of development proposed within the Development 10
Area must be located within the designated Development Area, in accordance with applicable 11
subdivision requirements under Article 15A (also see Buffer Area Design Standards). 12
13
(i) Supporting infrastructure and utilities, and associated encroachments, may be sited 14
within a Conservation Area only as may be allowed by the DRB under Subsection __ above 15
and, within protected Hazard, Level I and Level II Resources, only as regulated under Articles 16
10 and 12. 17
18
(ii) The applicant must demonstrate that there is sufficient existing or planned potable 19
water supply, wastewater, and stormwater system capacity available within the 20
Development Area to serve the type and effective density of proposed development, to 21
include develop rights transferred from adjoining Conservation Area(s), in conformance with 22
State and City requirements. 23
24
(iii) Preferred solar facilities within a designated Development Area includes rooftop 25
facilities mounted on principal and accessory structures, including parking canopies or 26
structures located on designated parking lots. Given the effective increase in development 27
density and required pattern of development, ground mounted solar facilities, including 28
solar arrays, typically cannot be accommodated within these areas. 29
30
(4) Buffer Area Design Standards. Any designated Buffer Area (Transition Zone) between a 31
designated Conservation and Development Area must at minimum be of sufficient area and width to 32
serve its intended function and purpose, to include the protection of Resource Land and other open 33
space areas within the designated Conservation Area from the adverse impacts of development 34
within the Development Area, and to avoid or minimize associated encroachments. 35
36
(a) To the extent physically feasible, the Buffer Area must incorporate the least productive 37
or developable land available bordering the delineated Conservation Area, to be managed in 38
association with the designated Development Area. 39
40
(b) Within the Buffer Area, existing vegetation that can effectively serve as a landscaped 41
buffer between incompatible uses or development must be retained to the maximum extent 42
possible. A buffer or landscaping plan under Section ___, prepared by a qualified landscape 43
architect, may be required by the DRB as necessary ensure that an adequate, well-landscaped 44
Planning Commission Draft
August 18, 2021
Page 14 of 14
buffer will be established, managed, and maintained in accordance with its purpose, function, 1
and allowed uses. 2
3
(c) One or more of the following types of development may be sited within the Buffer Area 4
to the extent that this does compromise buffer integrity or function, or adversely impact 5
protected resources and other open space areas in the adjoining Conservation Area: 6
7
(i) Greenways, recreation paths, and trail corridors; 8
(ii) Water system, wastewater, and stormwater management Infrastructure serving 9
proposed development in the Development Area that cannot be included or 10
incorporated directly within the proposed pattern of development; 11
(iii) A parking area intended to serve the Development Area or allowed uses within the 12
adjoining Conservation Area. 13
(iv) Ground-mounted solar facilities, including solar arrays. 14
(v) Other infrastructure or utilities included on the City’s Official Map; or which are 15
determined by the DRB to be necessary to support adjoining development. 16
Planning Commission Draft
August 18, 2021
Page 1 of 14
15C.07 Conservation PUD (CON) 1
[NOTE: THIS IS A WORKING DRAFT FOR FURTHER DISCUSSION RE FORMAT, STANDARDS, ETC. WITH THE 2
PLANNING COMMISSION AND COMMUNITY. 3
4
[ADD ILLUSTRATION] 5
6
A.____Description. A Conservation PUD (CON PUD) is a type of planned development intended to 7
permanently conserve natural resource and other open space areas identified by the City for protection 8
in conformance with the Comprehensive Plan; while also allowing for compatible, clustered forms of 9
land subdivision and development on a portion of the tract or parcel to be conserved. The primary 10
objective of this PUD type is to conserve large or contiguous tracts of open space in designated 11
“Conservation Areas” by allowing for the transfer of development rights from these areas to a 12
designated “Development Area” delineated to exclude the adjoining Conservation Area, as shown on 13
the PUD Master Plan. Flexibility is provided as necessary to site and cluster new development on 14
building lots within the Development Area, at densities that can be supported by available buildable 15
acreage and infrastructure capacity and, where applicable, allowed building types. 16
17
B.____Purpose. The purposes of a Conservation PUD are to: 18
19
• Protect public health, safety, and welfare by avoiding land subdivision and development within 20
Hazard Areas regulated under Articles 10 and 12, including floodplains, river corridors, wetlands, 21
and very steep slopes. 22
• Minimize the subdivision, fragmentation, and development of Level I and Level II Resource Land 23
identified by the City for protection under Articles 10 and 12; 24
• Include other valued open space resources identified on the tract or parcel within delineated 25
Conservation Areas, where necessary and appropriate; 26
• Contribute to a linked network of permanently protected open spaces and greenways within the 27
City; 28
• Provide for sustainable long-term resource management, and compatible forms of outdoor 29
recreation, within designated Conservation Areas. 30
• Provide flexibility in subdivision layout and design within the designated Development Area to 31
promote a more efficient, clustered form of development that creates walkable, pedestrian-32
friendly neighborhoods, minimizes resource fragmentation, limits encroachments within 33
conserved open space areas, and reduces the extent and cost of supporting infrastructure. 34
35
C.____Applicability. A Conservation PUD is an allowed PUD type within underlying zoning districts 36
listed in Table 15C-1. [Note: To be determined]. 37
38
(1) A Conservation PUD is elective for the subdivision and development of any parcel of four (4) 39
or more acres in which a minimum of 50% of the total tract or parcel area consists of Hazards and 40
Level I or Level II Resource Areas identified for protection under Articles 10 and 12, to allow for the 41
transfer of development rights from these areas to an area designated for development on the tract 42
or parcel. 43
44
Commented [SM1]: Edited for brevity, per PC discussion,
submitted comments…
Commented [SM2]: i.e., as needed to meet 70%
minimum
Commented [SM3]: Note: Did not also provide for
noncontiguous PUD, per PC/staff notes…
Commented [SM4]: Typically, given the intent of a
Conservation PUD is to conserve large tracts of open land, a
minimum of 10 acres or more is typically required (as
initially proposed). This was reduced at the request of the
PC (as elective, and not mandatory), w/re to the 50%
provision – but would consider upping minimum for
mandated PUDs w/in the SEQ?
Also increased from current (elective) two acres, per
meeting notes, given the 30% maximum Development Area
limitation. On a two acre parcel, this would concentrate
development within a total Development Area of 26,136 SF
– about a half-acre buildable land… At four acres, this
increases to 52,272 SF – or a little over an acre of buildable
land, which could potentially accommodate a cluster of 4 or
more dwelling units.
Planning Commission Draft
August 18, 2021
Page 2 of 14
(2) A Conservation PUD is required for any proposed subdivision and development of land of 1
four (4) or more acres within the following Southeast Quadrant Sub-Districts: NRT-SEQ, NR-SEQ, 2
NRN-SEQ, as shown on the map entitled “Southeast Quadrant Zoning Map.” 3
4
(a) For SEQ parcels in existence as of the effective date of these Regulations [date] that are 5
ten (10) or more acres in total area; one “carve out” subdivision and development of no more 6
than four (4) acres under applicable subdivision and zoning district regulations may be allowed 7
before a Conservation PUD may be required. (see marginal note, calculations) 8
9
(3) A Conservation PUD may incorporate or be proposed in association with another PUD type 10
allowed within the underlying zoning district (e.g., a TND) if the total tract or parcel acreage is 11
sufficient to meet minimum Conservation and Buildable Area acreage requirements for each PUD 12
type. 13
14
D._____Context. For planning and design purposes, the Conservation PUD planning area must at 15
minimum include all existing Hazard, Level I, and Level II Resource Land; other potential open space 16
areas identified through site investigation; and all streets, paths, lots, buildings, uses, and supporting 17
infrastructure located within ¼-mile of the tract or parcel to be conserved and developed, or within ½-18
mile of the tract or parcel if located on an existing or planned transit route, as measured from the 19
property line or delineated PUD boundary. 20
21
E._____Conservation PUD Sub-Zones. A Conservation PUD must include the following Sub-Zones, as 22
designated on the PUD Master Plan, and as more specifically identified and delineated on preliminary 23
and final subdivision plans and plats: 24
25
(1) Conservation Area. A Conservation PUD must include one or more designated 26
“Conservation Areas” which at minimum incorporate 70% of the total tract or parcel area; and 27
which, to the maximum extent physically feasible, are contiguous or linked to resource or other 28
open space areas on adjoining parcels or in the immediate vicinity of the proposed PUD. 29
30
(a) The designated Conservation Area(s) must include and incorporate: 31
32
(i) Hazards, as defined and regulated under Articles 10 and 12 (Table 12-01) which, as 33
unbuildable land, are not eligible for or subject to the transfer of development rights; 34
and 35
36
(ii) Level I and Level II Resources, as defined and regulated under Articles 10 and 12 37
(Table 12-01) which, within a Conservation PUD, are eligible for and subject to the 38
transfer of development rights. In meeting the minimum 70% allocation requirement, 39
Level I Resource Land is to be given priority for inclusion within a designated 40
Conservation Area. 41
42
(iii) Other locally identified open space resource areas present on the tract or parcel, as 43
necessary to meet the minimum 70% allocation requirement. These may include [in 44
order of priority]: 45
Commented [SM5]: From drafting, staff notes –at
minimum require within Neighborhood Residential
subdistricts
Commented [SM6]: Carve out provision per staff
notes/previous PC discussion; legal review recommended.
Commented [SM7R6]: Keep? If so, suggest minimum of
ten acres (or more) in relation to SEQ base density of
1.2 DU/A:
4A Carve Out:
4A x 1.2DU/A = 4.8 units (4 units)
Developed: 4 Acres
Density: 1 DU/A
6A PUD:
6A x 1.2 DU/A = 7.2 units (7 units)
70% Conserved: (0.7 x 6A) = 4.2 Acres
30% Developed: (0.3 x 6A) = 1.8 Acres
Density: 3.8 DU/A
Total (Tract): 10 Acres
Conserved: 4.2 Acres (42%)
Developed: 4A + 1.8A = 5.8 Acres (58%)
Units: 4 Units + 7 Units = 11 Units
Density: 1.1 DU/A
Commented [SM8]: From drafting notes, as discussed for
possible consideration – see related density calculation for
this below (example 2)
Commented [SM9]: Suggested list includes other open
space areas/resources identified/defined within the current
LDRs (e.g., primary ag soils) or as referenced in the comp
plan. Should be reviewed by the PC for ranking/priorities if
this is the intent…
Planning Commission Draft
August 18, 2021
Page 3 of 14
1
• Additional buffer areas around Hazards, Level I, or Level II Resources. 2
• Arable farmland, including primary agricultural soils, and existing farm fields, open 3
meadows, and grasslands. 4
• Natural communities, including habitat supporting rare, threatened, and 5
endangered plant and animal species. 6
• Park land or other open space intended and designed for passive outdoor 7
recreation. 8
• Woodland or mature tree stands located outside of mapped Habitat Blocks and 9
Connectors regulated under Article 12. 10
• Scenic gateways, views and viewsheds present on site. 11
• Historic sites, structures, and landscape features present on site. 12
• Other Open Space areas identified for consideration in the City’s Comprehensive 13
Plan, or through local site investigation. 14
15
(b) In the SEQ District, a Conservation Area may also include and incorporate land on the 16
tract or parcel that is located within the NRP-SEQ Sub-District, as eligible for the Transfer of 17
Development Rights either within the Conservation PUD, or to another designated receiving 18
area under Section 9.05 (Transfer of Development Rights). 19
20
(c) A designated Conservation Area may also include infrastructure or utilities that cannot 21
be sited within an adjoining Development Area, including allowed encroachments regulated 22
under Articles 10 and 12, but these areas cannot be counted toward meeting the minimum 70% 23
resource allocation requirement (see Subsection J below). 24
25
(d) The Conservation Area(s) must be identified on the PUD Master Plan, and subsequently 26
shown as a “Conservation Lot” on preliminary and final subdivision plats, as undivided, 27
permanently protected Open Space to be managed and maintained in single or common 28
ownership under an Open Space Plan approved by the DRB. Options to ensure permanent 29
protection and sustainable long-term management of conserved resources include: 30
31
(i) Identification of Conservation Lots on the recorded subdivision plat, and in recorded 32
deeds and condominium or association agreements, as permanently protected open space 33
to be held and managed in common ownership under an open space plan approved by the 34
DRB; and 35
36
(ii) A conservation easement that prohibits future subdivision and development, and 37
defines the range of permitted activities, to be held by the City or a qualified nonprofit 38
organization acceptable to the DRB and City Attorney, such as a land trust or conservancy; 39
or 40
41
(iii) Dedication of land in fee simple to the City, or a qualified nonprofit conservation 42
organization acceptable to the DRB and City Attorney. 43
44
Commented [SM10]: As currently defined under the
LDRs
Commented [SM11]: Included here as a more of a
managed than natural resource…may include, but not be
limited to pasture land?
Commented [SM12]: As currently defined under the
LDRs
Commented [SM13]: Keep? Suggested per PC discussion
as an option, to also allow for DRs to go to noncontiguous
areas/subdistricts as intended for TDRs under Article 9,
espically as needed to support higher densities of
development where appropriate… But If sent off site, can’t
be used on site (counted twice)…
Commented [SM14]: Suggested based on a review of
other regulations, especially as may apply to smaller
parcels.
Planning Commission Draft
August 18, 2021
Page 4 of 14
(e) Future subdivision and development within the designated Conservation Area shall be 1
prohibited, as noted on the approved subdivision plan and plat. 2
3
(f) The Open Space Plan and Conservation Easement required in association with 4
Conservation Area designation must be prepared [by/ in consultation with] a qualified 5
professional, such as a landscape architect, conservation biologist, or forester, with 6
demonstrated expertise in the sustainable, long-term management of those resources identified 7
for protection. The Open Space Plan at minimum must identify and describe: 8
9
(i) Delineated Hazards, Level I and II Resources, and other open space resources 10
identified for protection within the Conservation Area(s), including their relationship to 11
open space areas on adjoining parcels, and in the immediate vicinity of the proposed PUD; 12
13
(ii) The entity or entities responsible for the stewardship and management of resources 14
within the Conservation Area, in compliance with the terms of PUD subdivision approval and 15
conservation easements; 16
17
(iii) The intended use and proposed long-term management of each delineated hazard 18
or resource area included in the Conservation Area(s); in accordance with relevant 19
environmental protection standards under Articles 10 and 12, accepted management 20
practices, and proposed maintenance schedules; 21
22
(iv) Any proposed encroachments, or resource-compatible uses or activities proposed 23
within the designated Conservation Area(s); and 24
25
(v) Proposed measures necessary to minimize and mitigate the adverse impacts of 26
proposed uses or encroachments on protected resources. 27
28
(g) Conservation Area boundaries must be clearly and permanently marked in the field with 29
signage approved by the DRB that identifies the area(s) as protected open space, at minimum as 30
required for protected resources under Article 12. 31
32
(2) Development Area. A Conservation PUD must also include a designated “Development 33
Area” that excludes the Conservation Area(s), represents no more that 30% of the total tract or 34
parcel area, [is directly accessible from/has frontage on] the existing street network,] and which has 35
the buildable area and infrastructure capacity necessary to also accommodate development rights 36
transferred from Level I and II Resource Areas. 37
38
(a) The Development Area must be located adjacent or proximate to existing or planned 39
municipal transportation, water supply, and wastewater infrastructure and, to the maximum 40
extent physically feasible, to existing or planned development in the immediate vicinity. 41
42
(b) The Development Area must be sited and delineated to minimize allowed 43
encroachments under Articles 10 and 12 within the designated Conservation Area(s). 44
45
Commented [SM15]: As currently required for PUDs in
the SEQ under Article 9 (9.06) – i.e, an open space plan that
describes intended use and maintenance of each area;
specifically referencing primary natural communities,
streams, wetlands, floodplains, conservation areas shown in
the Comp Plan, special natural or geological features such as
mature forests, headwater areas, and prominent ridgelines.
Also specifically encourages continuation of agricultural use,
or enhancement of wildlife habitat values.
Commented [SM16]: Suggested, per other examples, but
may not be necessary if access points are clearly signed, as
required below.
Commented [SM17]: A common Conservation
Subdivision/PUD standard, intended to limit number of new
streets/connections within previously undeveloped open
space areas, and forms of PUD “cluster sprawl” -- but should
be considered/ evaluated in relation to existing pattern of
development, particularly within the SEQ.
Planning Commission Draft
August 18, 2021
Page 5 of 14
(c) Within the SEQ District, no Development Area may be located within the NRP Sub-1
District. 2
3
(d) The Development Area must be able to accommodate a concentrated, clustered form of 4
residential or mixed use development that is consistent and compatible with the overall type 5
and density of development allowed within the underlying zoning district(s); but which may 6
incorporate a higher effective density of development as necessary to also accommodate 7
development rights transferred from the Conservation Area(s) on the tract or parcel. 8
9
(e) Alternatively, a Development Area may incorporate or consist of another, associated 10
PUD Type, such as a TND, as allowed within the underlying zoning district, if there is sufficient 11
Buildable Area to meet minimum PUD standards, including land use allocation standards specific 12
to that PUD type, and to accommodate the development rights transferred from associated 13
Conservation Areas. 14
15
(3) Buffer Area. A Conservation PUD may incorporate one or more Transition Zones under 16
15C.04(E) and the requirements of this subsection, as a designated Buffer Area between designated 17
Conservation and Development Areas, or between a proposed Conservation Area and existing or 18
planned development on adjoining properties, as necessary to separate incompatible uses (such as a 19
residential neighborhood from an active farming operation), or to avoid, or to minimize and 20
mitigate, the adverse impacts of development on conserved resources and open space. 21
22
(a) For purposes of tract area allocation and residential density calculations under this 23
Section, the land area within a Buffer Area shall be included as part of the total land area 24
included in the designated Development Area. 25
26
F._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density 27
provisions under Section 15C.04, for a Conservation PUD: 28
29
(1) As an offset for required open space protection, the residential development density 30
applicable within the underlying zoning district may be allocated to Level I Resource and SEQ-NRP 31
Sub-District land included within the Conservation Area, for transfer to and application within the 32
designated Development Area. 33
34
(2) The total number of residential units (excluding accessory dwelling units), and the effective 35
residential density within the designated Development Area allowed by right, to include 36
development rights (units) transferred from an associated Conservation Area, may be determined in 37
one of two ways, as applicable: 38
39
(a) Zoning District. If based only on the underlying zoning district, the maximum number of 40
dwelling units and effective residential density that may be accommodated within the 41
designated Development Area shall be calculated based on the maximum residential density (in 42
dwelling units per acre) specified for the underlying district under Appendix C, as applied to the 43
total tract or parcel area, less the total tract area included in Hazards, and rounded down: 44
45
Commented [SM18]: (1) See note above re NRP, transfer
of development rights…
Commented [SM19]: Intended to reflect more general
PUD standards under the LDRs – e.g., allowing for the
transfer of density within the parcel, but no overall increase
in gross density (except as provided for affordable housing
bonuses…)
Commented [SM20]: From drafting notes for
consideration, as discussed…see related density calculations
below
Commented [SM21]: Added for clarification.
Commented [SM22]: Added to clarify intent/exception,
given that these areas are otherwise specifically excluded
from the definition of “Buildable Area” as unbuildable land,
and therefore have no development rights attached, except
within a Conservation PUD…
Planning Commission Draft
August 18, 2021
Page 6 of 14
Units (Yield) = (Total Tract Area – Hazards Area) x District Density (DU/A) 1
2
The effective residential density within a designated Development Area, if representing 30% of the 3
total tract area, can then be calculated based on the total Development Area, less street rights-of-4
way (Buildable Area). 5
6
(b) Associated PUD Type. If the designated Development Area has the minimum Buildable 7
Area needed to accommodate another PUD Type allowed within the underlying zoning district, 8
such as a TND, the number of units allowed by right within the Development Area shall be 9
calculated to include: 10
11
(c) the minimum number of units based on the residential density and land use allocation 12
specified for that PUD type, as applied to the total Buildable Area within the designated 13
Development Area, and 14
15
(d) the total number of units transferred from the designated Conservation Area(s), 16
excluding hazard areas, calculated based on the maximum residential density allowed within the 17
underlying zoning district. 18
19
(e) The effective residential density can then be calculated based on the total Buildable 20
Area within the designated Development Area that is allocated for residential development. 21
22
23
Example: Total Tract Area = 20 Acres, Hazards = 1.5 Acres, District Density =1.2 DU/Acre
Units (Yield) = (20 A -1.5 A) x 1.2 DU/A = 22.2 or 22 Dwelling Units
Gross Density = 22 units/20 Acres = 1.1 DU/Acre
Development Area = 30% Tract Area (max) = 0.3 x 20 A = 6 Acres
Buildable Area = 6 Acres – Streets (0.6 A) = 5.4 Acres
Effective Residential Density in Development Area = 22 DU/5.4 A or 4.07 DU/Acre
Example: Total Tract Area = 20 Acres, Hazards = 1.5 Acres
District Density (Max) = 1.2 DU/Acre
Conservation Area (70%) = 14 Acres – Hazards (1.5 A) = 12.5 Acres
Conservation Area Development Rights = 12.5 Acres x 1.2 DU/A = 15 Dwelling Units
Development Area (30%) = 6 Acres
Buildable Area = 6 Acres – Streets (0.6 A) = 5.4 Acres
TND Residential Land Allocation (65% Buildable Area) = 0.65 x 5.4 A = 3.51 Acres
TND Density (Min) = 4 DU/Acre
TND Units (min) = 3.51 Acres x 4 DU/A = 14.04 or 14 Dwelling Units
Total Yield (Units) = 15 Conservation + 14 TND Units = 29 Dwelling Units
Gross Density = 29 DU/20 Acres = 1.45 DU/Acre
Effective Residential Density in Development Area = 30 DU/3.8 A = 7.9 DU/Acre
Planning Commission Draft
August 18, 2021
Page 7 of 14
(3) Modification of the maximum residential density and number of dwelling units within a 1
Conservation PUD shall be allowed only as provided for within the underlying zoning district, under 2
an associated PUD type, or for the provision of affordable housing under Article 18 (Affordable 3
Housing) and, within the SEQ District, under Section 9.05(F) (Affordable Housing Density Increase). 4
5
G._____Allowed Uses. 6
7
(1) Development Area. Any use allowed as permitted or conditional use in the underlying 8
zoning district(s) is allowed as a permitted use within the designated Development Area of a 9
Conservation PUD. Separate conditional use review or permits shall not be required. 10
11
(2) Conservation Area(s). Within the designated Conservation Area allowed uses may include: 12
13
(a) Only those uses, structures, or encroachments allowed within Hazards and Resource 14
Areas, as specified under Articles 10 and 12, subject to separate DRB review and approval under 15
associated environmental protection standards; and 16
17
(b) Resource-compatible activities or uses necessary for the sustainable, long-term use and 18
management of protected resources, as specified in the Open Space Plan approved by the DRB 19
under Subsection E above. 20
21
H._____Conservation PUD Dimensional Standards. 22
23
(1) Subdivision standards under Article 15A and zoning district use and dimensional standards 24
under Appendix C as generally applicable to the tract or parcel, including block, building lot, height, 25
setback, and coverage standards, may be modified or reduced by the DRB within the designated 26
Development Area of a Conservation PUD as necessary to accommodate the transfer of 27
development density, and to allow for a more compact, walkable, and efficient form of 28
development. In approving modifications or reductions in required dimensional standards, the DRB 29
must find that within the designated Development Area: 30
31
(a) There is sufficient Buildable Area and existing or planned infrastructure capacity 32
available to support the type, form, and density of proposed development; and 33
34
(b) The modifications or reductions in required dimensional standards will result in a more 35
compact, walkable, and efficient form of residential neighborhood or mixed use development 36
within the designated Development Area. 37
38
(2) However, within a Conservation PUD that incorporates another PUD type as the designated 39
Development Area under 15C.07(E) above, the dimensional standards for that PUD type, which may 40
also vary by building type, shall apply within the designated Development Area. 41
42
I._____Conservation PUD Design Process. The following steps must be followed, in order, in the 43
subdivision, layout, and design of a Conservation PUD, as documented in association with the 44
development of the PUD Master Plan: 45
Commented [SM23]: Reflects current provision under
15.02 w/ re to density provisions that vary by zoning district,
and in relation to inclusionary/ affordable housing
provisions. To be reviewed w/re to any updated language
under Articles 9 and 18(?).
Commented [SM24]: Given that the intent is to allow for
Conservation PUDs citywide, as drafted this simply allows
for modifications/ reductions in underlying zoning district
and subdivision dimensional standards, as necessary to
accommodate the amount of development otherwise
allowed within the underlying district, within the Designated
Development Area – except where this is specifically
intended to accommodate another associated PUD type.
Then the PUD standards specific to that type apply.
As noted earlier, the alternatives are to:
1) Define one or more options/sets of dimensions (min
and/or max) specific to the Designated Development Area
depending on the desired pattern of development and/or to
2) specify allowed building/housing types (and associated
standards) within this context.
Planning Commission Draft
August 18, 2021
Page 8 of 14
(a) Conservation Area(s). Identify and delineate one or more designated Conservation 1
Areas on the tract or parcel to be protected, as described under Subsection (E) above, to include 2
delineated Hazard, Level I and Level II Resource Areas, and other open space areas needed to 3
meet the minimum 70% allocation requirement. 4
5
(b) Development Area. Identify and delineate the designated Development Area, as 6
described under Subsection (E) above, to exclude the designated Conservation Area(s), and to 7
include proposed streets, blocks, building and civic space lots, designated parking areas and 8
supporting infrastructure easements or rights-of-way. 9
10
(c) Buffer Area. Identify and delineate one or more Buffer (Transition) Areas between 11
designated Conservation and Development Areas, as described under Subsection E, as necessary 12
to separate incompatible land uses and forms of development; or to avoid, or where allowed, to 13
minimize and mitigate the adverse impacts of development, including allowed encroachments, 14
on resources and open space areas identified for protection. 15
16
J._____Conservation PUD Design Standards. The applicant for a Conservation PUD must demonstrate 17
how the PUD is consistent with the stated description and purpose a Conservation PUD under 15C.07(A)-18
(B) above; and following Conservation PUD Design Standards, as indicated in the Conservation PUD 19
Master Plan, and incorporated on preliminary and final subdivision plans. 20
21
(1) The Development Review Board may modify a standard under this Subsection only as follows, 22
or in association with an accepted form of Alternative Compliance under 15C.04(C). 23
24
(a) The DRB may modify a standard under this subsection within a designated Conservation 25
or Buffer Area only as necessary to accommodate allowed uses and encroachments, or to 26
provide for limited access and connectivity within protected resource areas, subject to separate 27
DRB review and findings under Articles 10 and 12. 28
29
(b) The DRB may modify a standard under this subsection within a designated Development 30
Area only as necessary to accommodate the allowed density of development, including 31
development rights transferred from the Conservation Area. 32
33
(c) Any proposed form of Alternative Compliance under a Conservation PUD design 34
standard must clearly achieve the intent of standard to be modified, as required under Section 35
15C.04(C). 36
37
(2) Conservation Area Design Standards. 38
39
(a) Open Space Context. The Conservation Area(s) shown on the PUD Master Plan, and 40
associated Conservation Lots delineated on preliminary and final subdivision plans, to the extent 41
physically feasible must be configured to include the acreage and means of access necessary to 42
allow for intended use, and for the sustainable long-term management of resources identified 43
for protection. 44
45
Planning Commission Draft
August 18, 2021
Page 9 of 14
(i) For managed agricultural or forest land retained in private ownership, the allocated 1
acreage should be sufficient to qualify for parcel enrollment in the state’s Use Value 2
Appraisal (Current Use) Program. 3
4
(b) Contiguity. As necessary to minimize the fragmentation of open space resources, and 5
to establish or maintain an interconnected network of open space in the City, Conservation 6
Area(s) must be sited and configured to the extent physically feasible to: 7
8
(i) Maintain contiguous open space by extending, or by connecting via existing or 9
planned greenways, buffer areas, or Habitat Connectors, open space areas located on the 10
PUD tract or parcel, on adjoining parcels and, where feasible, in the immediate vicinity of 11
the proposed PUD; and to 12
13
(ii) Avoid further land subdivision, development, and physical encroachments, such as 14
connecting streets, driveways, or utility corridors, within the adjoining Conservation Area(s), 15
except as provided for and regulated under Articles 10 and 12. 16
17
(iii) Provide for the extension of existing and planned recreation path or trail networks, 18
including such facilities shown on the City’s Official Map, within designated greenways, 19
buffer areas, or trail corridors sited to avoid Hazards, and to minimize adverse impacts to 20
Level I, Level II, and other protected open space resources identified on site, and on 21
adjoining parcels. 22
23
(c) Access. Vehicle access to or within a Conservation Area is limited to that required in 24
support of long-term resource management, for example to accommodate vehicles, equipment, 25
and machinery used in resource maintenance and management; and to access allowed uses 26
identified in the Open Space Plan, such as passive outdoor recreational use. 27
28
(i) A dedicated access road or driveway serving the Conservation Area, separate from 29
that provided for development within the Development Area, may be required as necessary 30
to ensure access for long-term resource management and public safety. 31
32
(ii) Access points to the Conservation Area must be clearly identified on plans and plats; 33
and posted with permanent signage identifying the Conservation Area and indicating 34
allowed uses. 35
36
(d) Infrastructure and Utilities. The following infrastructure and utilities, as necessary to 37
meet City ordinance requirements, clearly stated Comprehensive Plan objectives, or to serve the 38
adjoining Development Area, may be sited within the designated Conservation Area(s), as 39
shown on the PUD Master Plan, only in a manner that either avoids, or minimizes and mitigates 40
adverse impacts to protected resources; however the acreage associated with these facilities 41
shall not be counted toward meeting the minimum 70% allocation requirement: 42
43
44
45
Commented [SM25]: “Should” – as recommended but
not required… The amount of acreage, and associated
management plan requirements, vary under the state
program based on the type of farm or forest land enrolled.
Commented [SM26]: Also see related Buffer Area
provisions below.
Planning Commission Draft
August 18, 2021
Page 10 of 14
(i) Ground-mounted solar arrays; 1
(ii) Designated parking areas needed to serve intended uses within the Conservation 2
Area; 3
(iii) Stormwater management facilities, including infiltration and retention ponds; 4
(iv) Water supply and wastewater system infrastructure, including well shields or 5
disposal fields; or 6
(v) Other infrastructure or utilities included on the City’s Official Map; or which are 7
determined by the DRB to be necessary to support adjoining development and which cannot 8
be sited within the Designated Development Area. 9
10
(e) Landscaping and Screening. Vegetative buffers, landscaping, and fencing must be 11
provided as necessary to physically and visually separate protected resources within the 12
Conservation Area from development on adjoining properties, in a manner that is aesthetically 13
compatible with the surrounding landscape. 14
15
(i) Fencing that would impede wildlife movement is prohibited within the Conservation 16
Area. Fencing bordering or located within the Conservation Area must comply with fencing 17
requirements under Article 12, and Section 13.17 (Fences) of these Regulations. 18
19
(ii) Fencing within the Conservation Area must be made of natural materials; except for 20
fencing associated with an agricultural or a recreational use, or an allowed utility or facility. 21
Any chain link fencing installed for such purposes must be plastic coated in either dark green 22
or black. 23
24
(3) Development Area Design Standards. 25
26
(a) Development Context. Land subdivision and development within the Development 27
Area of a Conservation PUD must define an efficient, compact, walkable and pedestrian-friendly 28
form of residential neighborhood or mixed use development that is: 29
30
(i) Consistent with zoning district or associated PUD type standards, including relevant 31
purpose statements, allowed uses, building types where applicable, and dimensional 32
standards as may be modified or reduced under Subsection H above. 33
34
(ii) Compatible with planned development in the area, as specified in the 35
Comprehensive Plan and zoning or PUD purpose statements, to include similar or 36
complementary uses and patterns of land subdivision and development. 37
38
(iii) Set back and buffered from incompatible uses and forms of development on 39
abutting parcels; and from the delineated Conservation Area, as necessary to avoid or to 40
minimize and mitigate encroachments and adverse impacts to protected resources under 41
Articles 10 and 12. 42
43
(iv) Set back from existing arterial and collector streets as required under Section 3.06 44
(Setbacks and Buffers). 45
Planning Commission Draft
August 18, 2021
Page 11 of 14
1
(b) Connectivity. Street, recreation path, pedestrian, and transit connectivity must be 2
provided or maintained within the designated Development Area, and between the 3
Development Area and existing or planned development on adjoining parcels and in the vicinity 4
of the proposed development, in accordance with applicable subdivision requirements under 5
Article 15A, to the extent that this does result in encroachments within the Conservation Area, 6
or adverse impacts to protected resource areas, except as allowed and regulated under Articles 7
10 and 12. 8
9
(i) Streets, sidewalks, recreation paths, and supporting infrastructure and utilities shall be 10
designed in a manner that allows for the extension of such facilities to adjacent 11
properties located in areas planned for development, outside of designated 12
Conservation Areas. 13
14
(c) Streets, Blocks, and Lots. Zoning district and subdivision standards pertaining to 15
streets, blocks, and building lots under Article 15A, or an associated PUD type, shall apply to 16
development within the Development Area, except for associated density and dimensional 17
standards as may be modified or reduced within a Conservation PUD under Subsection H above. 18
In addition: 19
20
(i) The Development Area may border and be accessed from an arterial street, subject 21
to required setbacks under Section 3.06; but must include only local or collector streets. No 22
building lot within the Development Area may front on an arterial street, except as may be 23
allowed within the zoning district(s) applicable to the proposed Development Area. 24
25
(ii) The Development Area must incorporate Street Types (Article __), as allowed within 26
the underlying zoning district or associated PUD type, that are appropriate to the 27
development context, including the size of the designated Development Area, and the type, 28
scale, and density of proposed development within it. 29
30
(iii) The layout of streets, blocks, and building and civic space lots within the 31
Development Area must define a compact, walkable, interconnected, and pedestrian-scaled 32
form of development that provides direct and efficient pedestrian and bicycle access and 33
connectivity. Required block lengths and building lot frontage may be reduced as allowed 34
under Subsection H. 35
36
(iv) To the extent physically feasible, streets that border a Conservation Area must be 37
single-loaded (accessed only from the development side) and laid out to follow or parallel 38
the delineated Conservation Area boundary, as necessary to maintain street connectivity 39
within the Development Area, to define a clear transition between the Development Area 40
and protected open space within the adjoining Conservation Area, and to reinforce that 41
protected open space is not intended to serve as an extension of rear yards. 42
43
(v) Dead-end streets and cul-de-sacs are prohibited, except as may be allowed under 44
Section 15.A.14 (Street Network) to avoid encroachments within the Conservation Area, 45
Planning Commission Draft
August 18, 2021
Page 12 of 14
including resource areas identified for protection under Articles 10 and 12. Such streets 1
may not exceed 200 FT in length. 2
3
(vi) Where the total Development Area acreage or number of allowed building lots or 4
units is insufficient to meet minimum block standards; pedestrian connections between 5
building and civic space lots, and any allowed dead-end streets or cul-de-sacs, must be 6
maintained through on-street sidewalks or connecting off-street recreation or pedestrian 7
paths, as shown on the PUD Master Plan. 8
9
(d) Civic Space. A minimum of 10% of the total Buildable Area must be allocated to one or 10
more Civic Space lots, by Civic Space Type (Article __), within any Development Area that 11
exceeds two (2) acres in size [and includes ten (10) or more dwelling units or mixed use 12
development]. Civic space in this context is intended to serve as a focal point or visually defining 13
feature of the development, in support of neighborhood gatherings, local businesses, social 14
engagement and interaction, and more programed or organized outdoor recreation. The type 15
of Civic Space selected may vary based on the development context, including available 16
buildable acreage, proposed uses as allowed within the underlying zoning district, and the type 17
and density of proposed development; however: 18
19
(i) Civic space lots must be integrated into the fabric of development design, as 20
physically and visually distinct public spaces that can be accessed on foot. There must 21
[should] be a designated Civic Space lot located within walking distance (¼-mile) of each 22
building lot. 23
24
(ii) Civic space design, including proposed amenities, must be consistent with the 25
selected Civic Space Type(s), and intended use. 26
27
(e) Building Types. Building types, including housing types, allowed within the 28
Development Area include principal buildings and accessory structures designed to 29
accommodate uses allowed within the applicable zoning district(s); or Building Types (Article 30
___) as specified for an associated PUD Type such as a TND. 31
32
(i) Buildings within the Development Area must meet applicable zoning district or 33
Building Type standards, including the minimum or maximum number of dwelling units 34
allowed per lot or structure. 35
36
(ii) Associated dimensional lot area, frontage, setback, coverage, and height 37
requirements may be modified or reduced under Subsection H above as necessary to 38
accommodate the effective increase in development density in the Development Area. 39
40
(iii) Principal buildings and building entrances must be oriented to and accessed from 41
the street, an adjoining courtyard, or civic space. Secondary entrances may open onto side 42
or rear garages or parking areas. The placement of garages and parking areas within the 43
Development Area, if not specified otherwise specified by zoning district or associated PUD 44
type, must meet applicable Site Plan standards under Section ___. 45
Commented [SM27]: Per proposed subdivision
regulations
Commented [SM28]: Per Paul, section under
development, to be included in general standards applicable
to all development (Article 3) or under site plan standards
(Article 14).
Planning Commission Draft
August 18, 2021
Page 13 of 14
1
(f) Housing Mix. A mix of two or more housing types and styles must be provided as 2
allowed within the applicable zoning district, or as required for affordable housing or specified 3
for an associated PUD Type, for any residential or mixed use development that includes ten (10) 4
or more dwelling units. Within these developments, the Development Area must include an 5
integrated mix of housing types and styles within neighborhoods, blocks, and along street 6
frontage, rather than segregating or compartmentalizing housing types by block or street. 7
8
(g) Utilities and Facilities. To the maximum extent feasible, infrastructure and utilities 9
required to support the type and density of development proposed within the Development 10
Area must be located within the designated Development Area, in accordance with applicable 11
subdivision requirements under Article 15A (also see Buffer Area Design Standards). 12
13
(i) Supporting infrastructure and utilities, and associated encroachments, may be sited 14
within a Conservation Area only as may be allowed by the DRB under Subsection __ above 15
and, within protected Hazard, Level I and Level II Resources, only as regulated under Articles 16
10 and 12. 17
18
(ii) The applicant must demonstrate that there is sufficient existing or planned potable 19
water supply, wastewater, and stormwater system capacity available within the 20
Development Area to serve the type and effective density of proposed development, to 21
include develop rights transferred from adjoining Conservation Area(s), in conformance with 22
State and City requirements. 23
24
(iii) Preferred solar facilities within a designated Development Area includes rooftop 25
facilities mounted on principal and accessory structures, including parking canopies or 26
structures located on designated parking lots. Given the effective increase in development 27
density and required pattern of development, ground mounted solar facilities, including 28
solar arrays, typically cannot be accommodated within these areas. 29
30
(4) Buffer Area Design Standards. Any designated Buffer Area (Transition Zone) between a 31
designated Conservation and Development Area must at minimum be of sufficient area and width to 32
serve its intended function and purpose, to include the protection of Resource Land and other open 33
space areas within the designated Conservation Area from the adverse impacts of development 34
within the Development Area, and to avoid or minimize associated encroachments. 35
36
(a) To the extent physically feasible, the Buffer Area must incorporate the least productive 37
or developable land available bordering the delineated Conservation Area, to be managed in 38
association with the designated Development Area. 39
40
(b) Within the Buffer Area, existing vegetation that can effectively serve as a landscaped 41
buffer between incompatible uses or development must be retained to the maximum extent 42
possible. A buffer or landscaping plan under Section ___, prepared by a qualified landscape 43
architect, may be required by the DRB as necessary ensure that an adequate, well-landscaped 44
Commented [SM29]: Review w/ re to applicable IZ
requirements…
Commented [SM30]: Currently addressed more
specifically for the SEQ under Article 9… Not sure if this
should reference site plan standards or more general
landscaping standards….
Planning Commission Draft
August 18, 2021
Page 14 of 14
buffer will be established, managed, and maintained in accordance with its purpose, function, 1
and allowed uses. 2
3
(c) One or more of the following types of development may be sited within the Buffer Area 4
to the extent that this does compromise buffer integrity or function, or adversely impact 5
protected resources and other open space areas in the adjoining Conservation Area: 6
7
(i) Greenways, recreation paths, and trail corridors; 8
(ii) Water system, wastewater, and stormwater management Infrastructure serving 9
proposed development in the Development Area that cannot be included or 10
incorporated directly within the proposed pattern of development; 11
(iii) A parking area intended to serve the Development Area or allowed uses within the 12
adjoining Conservation Area. 13
(iv) Ground-mounted solar facilities, including solar arrays. 14
(v) Other infrastructure or utilities included on the City’s Official Map; or which are 15
determined by the DRB to be necessary to support adjoining development. 16
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
13 JULY 2021
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 13 July 2021, 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; J. Baker, City Manager; J. Nick. A.
Crocker, S. Dopp, D. Leban, F. Looft, C. Chamberlain, L. Kupferman, J. & N. Necrason, K.
Maynard, E. & K. Borsellino, G. Kjelleren, Wayne, T. Doyle, D. Gaalema, J. Stinette, S. Dooley, B.
Milizia, V. Bolduc, L. Marriott, C. Jensen, T. Woodard, M. Emery
1. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
2. Open to the public for items not related to the Agenda:
No issues were raised.
3. Planning Commissioner announcements and staff report:
Ms. Louisos reported that she attended the City Council meeting where the Council talked
about the 8 areas the Commission discussed. Only 4 of the 5 Councilors were present. Ms.
Louisos said she mentioned that there were mixed opinions on the Commission.
Ms. Louisos also noted the importance of being sure who is speaking for the Commission and
who is speaking for him/herself. She felt that one Commission member had left the impression
of speaking for the Commission and was actually voicing a personal opinion. She stressed that
there is always a place for the public to weigh in, but she felt this instance “muddied the
waters.” Ms. Ostby said she was listening to that meeting and was very upset. She noticed one
particular statement made which had her very alarmed. She stressed that issues should be
raised at the Commission level before being voiced at the City Council. She questioned what
process should be followed to correct a mis-statement.
Mr. Mittag said he didn’t feel the Commission should waste time on this.
Mr. Macdonald said the answer was simple. If the Commission appoints someone to speak on
its behalf and another member speaks, that other member should make it clear he/she is
speaking for him/herself.
PLANNING COMMISSION
13 JULY 2021
2
Mr. Riehle said he had noticed a number of advertising signs in the city which should be
addressed by city staff as there is a sign ordinance.
Mr. Riehle also noted the he and his wife attended the event at Veterans Park and were
astounded that they knew only one or 2 people out of the whole crowd. He specifically noted a
number of young families.
Mr. Conner noted the historic note that this is the last meeting taking place at the “old” City
Hall. The building will now be used by the School District. City servers and the web will be
down possibly through Thursday as they are being reconnected at 180 Market Street.
4. Welcome to City Manager, Jessie Baker:
Ms. Louisos welcomed Ms. Baker on her first visit to a Planning Commission meeting.
Ms. Baker cited the enormous task the Commission has undertaken and noted that they are
now on the last leg of that task. She acknowledged the work being done to move the
community forward. She asked members to think about what is best for the entire community
and how that plays out in the LDRs. She felt there were some processes that can be put into
place that will make the task easier. She also urged members to have as much patience with
each other as possible.
Mr. Riehle asked how the city can balance what comes from the CCRPC and local wishes. Ms.
Baker said CCRPC is a conduit for funding and best practices and brings them to the community
for consideration.
Mr. Conner said his whole team is happy to have Ms. Baker on board to fill the “huge shoes” of
Kevin Dorn.
5. Public Hearing on proposed amendments to the Official Map:
a. OM-21-01: Replace planned roadway connecting Swift Street Extension to
Hinesburg Road with a planned 20-foot wide right-of-way and extending the
planned multi-use path to connect to Hinesburg Road at 2 locations
b. OM-21-02: Remove planned roadway connecting IDX Drive and Sebring Road to
Overlook Drive/Deerfield Drive:
PLANNING COMMISSION
13 JULY 2021
3
Mr. Mittag moved to open the public hearing. Ms. Ostby seconded. Motion passed
unanimously.
Mr. Conner noted receipt of letter from John Dinklage and Larry Kupferman supporting the
elimination of the road through the Hort Farm.
Mr. Conner also noted that there are some changes to the map that do not require Planning
Commission action (e.g., additions to the rec path).
Ms. Louisos noted a comment received from Nick Montaro regarding Swift Street Extension,
specifically having the road continue through the habitat block.
Public comment was then solicited.
Ms. Dopp: Endorsed replacement of the road with a rec path but questioned whether 2
“prongs” to the path are needed as they are close in proximity.
Ms. Leban: Noted that the Bike/Ped Committee hasn’t discussed this. She said if there are
to be 2 “prongs,” one branch should be moved further up the hill so it doesn’t affect the forest
block. She asked if that would happen when there is development. Mr. Conner explained the
nature of the Official City Map. He said the rec path is a public facility that would need to be
accommodated when there is development.
Ms. Maynard: Supported the path instead of the road.
Ms. Ostby noted that the Commission did discuss having the rec path avoid the habitat block.
Mr. Conner indicated the piece that is to be outside the habitat block. He added that if there is
development on a portion of the Hill property, there will be facilities for bikes/pedestrians.
Ms. Crocker: Supported removing Swift Street from the map. She asked whether there is a
guarantee that the 20-foot right-of-way won’t turn into a road. Ms. Louisos said a road would
have to be wider than 20 feet, so there would not be room for a road. Room has been left for
the path to follow the topography.
Mr. Conner said the Hill Farm is likely to have some internal roadway from Hinesburg Road, and
it would also have to have bike/pedestrian accommodations.
Ms. Ostby said she continues to support the path connection to Hinesburg Rd. so cyclists have a
safe way to Hinesburg Rd. from Swift St. directly. Mr. Gagnon agreed with that.
PLANNING COMMISSION
13 JULY 2021
4
Mr. Riehle was concerned there is no indication of what happens when the path dumps into
Butler Farms. He suggested a sign there that the path continues onto Butler Drive. Mr. Conner
said he will share that with the Bike/Ped Committee.
Mr. Macdonald then moved to close the public hearing. Mr. Mittag seconded. Motion passed
unanimously.
6. Review and possible action to approve and submit proposed amendments to Official
Map and accompanying Planning Commission Report to City Council:
Mr. Conner noted an error in the blue circle #9. The word “of” needs to be eliminated, so it
reads “…within 20-foot planned city rights of way.” Also, the portion in parentheses should be
deleted.
Ms. Ostby moved to approve the amendments #OM-21-01 and #OM-21-02 to the official city
map as amended to eliminate the word “of” and the portion in parentheses in blue circle #9,
and to confirm that the rec path connection to Landon Road will stay outside the regulated
habitat block, and to submit the amendments and accompanying Planning Commission Report
to the City Council. Mr. Riehle seconded. Motion passed unanimously.
7. Continue Review of Draft Amendments to the Land Development Regulations:
a. Environmental Protection Standards: receive and confirm that updated habitat
block boundaries match Commission direction:
Mr. Conner said staff is considering having habitat blocks be overlay districts as that might
make it easier for people to understand. Functionally, there would be no difference.
Ms. Ostby noted that the vote on habitat block #12 was 3-3 which resulted in remaining with
the Commission’s original decision. She asked for a revote so there isn’t a “default decision.”
Mr. Gagnon said that philosophically he felt strongly that once there is a vote and the
Commission has moved on, going back is not a good idea. He noted there have been other 3-3
votes that have remained. He felt this would set a bad precedent.
Mr. Macdonald said he was the one who wasn’t at the meeting, and probably would have voted
to leave it as originally voted.
Mr. Mittag said that as it was the only 3-3 vote, he agreed with Ms. Ostby.
Mr. Conner suggested voting on whether to reconsider. If that vote is favorable, it could be put
on a future agenda.
PLANNING COMMISSION
13 JULY 2021
5
Ms. Ostby then moved to reconsider the vote on habitat block #12 and the Arrowwood
recommendation at a future meeting so people can have time to study the issue. Mr. Mittag
seconded. The vote was 3-4, and the motion was deemed to have failed.
Members noted that in the material they received, the habitat blocks didn’t fill in and
suggested saving the affirmation for a future meeting.
Mr. Mittag questioned whether they were going to consider the pink areas identified as NRP
and, if so, he would move to accept. Ms. Louisos said those areas were not identified as NRP
but as areas for conservation via some tool. Mr. Conner noted some general pink circles had
been drawn but are not yet firm for a formal decision.
b. Review proposed approach for completion: PUDs, Subdivisions, Master Plans, Site
Plans, Inclusionary Zoning, TDRs, Zoning districts:
Mr. Conner said he met with Sharon Murray last week. The recommendation is to bring to the
Commission what staff and Ms. Murray feel is the best program for the community. Mr.
Conner noted there is not unanimity on the City Council. He noted that he and Ms. Murray
discussed an approach and a schedule for completion. The recommendation is for the
Commission to focus on tools that already exist.
One priority is to get the “infill” areas right. Mr. Conner listed criteria for this as follows:
1. All development would be subject to Environmental Protection Standards
2. All subdivisions would be subject to proposed subdivision standards
3. All development above a certain threshold would be subject to proposed
Master Plan standards.
Specific to the Southeast Quadrant (SEQ), the following would apply:
1. For properties with smaller buildable areas, present zoning district standards
would apply as well as proposed subdivision standards
2. A Conservation PUD would be allowed as an option
3. An option for a partial TND PUD type would be allowed
4. For larger properties, a Conservation PUD would be required in most cases
Within the SEQ’s Village-Commercial/Residential area:
PLANNING COMMISSION
13 JULY 2021
6
1. Applicants can use the present district standards, proposed subdivision
standards, and the proposed environmental protection standards. TDR
transfers would remain eligible as they are today
2. For medium and larger properties, the partial TND and NP PUD types would
be eligible.
Ms. Ostby said she would want to discuss defining “conservation” and determining what the
number is (e.g., 60 or 70%). Mr. Conner said he and Ms. Murray discussed that, and at the next
few meetings, the Commission will be discussing PUDs. Mr. Conner stressed the importance of
having a tool set.
Mr. Riehle noted there has been discussion about allowing some residential on higher floors in
commercial areas. Mr. Conner said that is a good dialog to have following interim zoning as it
does not line up with top priorities to solve.
Ms. Ostby questioned whether the 30% area for development in a Conservation PUD should be
all together or spread out. Mr. Conner said generally speaking, it should be together, but it
could depend on the property. Ms. Ostby said she could see people wanting to spread out with
larger homes. Mr. Conner said they could elect a partial TND, if it fits anywhere.
Standards city-wide for areas that allow residential would include:
` 1. In smaller areas, apply the present zoning district standards and proposed
subdivision standards
3. Allow as an option a partial TND for parcels with a buildable acreage above 4
acres. Alternatively allowing limited use of infill PUDs to provide flexibility.
4. For parcels with buildable 10 acres, require a TND PUD. With more than 50%
Level 1 resources, a Conservation PUD would be an option.
Ms. Louisos asked whether subdivision regulations include building types. Mr. Conner said he
would check. He said there are incentives for diversity in the subdivision regs.
Mr. Riehle encouraged members to look at the different styles on the Rye development. He felt
they have gone above and beyond what the Commission has talked about.
In Commercial and Industrial areas, the following standards would apply:
1. Apply the present district standards and proposed subdivision standards
2. In built up areas, allow for infill PUD to allow for flexibility to address unique
circumstances of infill/redevelopment sites
PLANNING COMMISSION
13 JULY 2021
7
Mr. Conner cited the need for flexibility in infill PUDs in order to avoid creating new problems
due to existing built up circumstances.
Ms. Ostby cited the need to consider the result of shifting residences to noisy roads. It was
noted that a recent study has indicated that people who are exposed to high levels of noise
have a 30% greater risk for stroke and other health issues while people living near “green
areas” have a 25% lower risk for those health issues.
8. Other Business:
a. Review upcoming meeting schedule (27 July, 18 August, 24 August) consider
holding 31 August for special meeting, if needed:
Mr. Conner noted that Ms. Murray will be at the next meeting to consider Conservation PUDs.
Mr. Conner asked members to reserve the evening of 3 August for a special meeting.
Ms. Louisos recommended setting a special meeting date of 31 August. Members were OK with
that. Upcoming meetings would be 27 July, 3 August, 18 August, 24 August, 31 August. Mr.
Conner said that generally meeting will be in person unless someone is out of town. He
anticipated having the public be able to participate remotely.
Ms. Jensen, attorney representing Joe Larkin, expressed concerns with additional regulations
specific to the Marceau property on Hinesburg Road. Layers of regulations are being added to
properties, and there is a concern that some parcels are being treated “differently,” specifically
rendering a property undevelopable for conditions that are not on the ground. Ms. Jensen said
large land owners would like the time to express concerns and discuss the need to balance
housing and conservation.
Ms. Louisos said the Commission will continue to take input on that. Ms. Ostby felt large land
owners should be informed about the upcoming Conservation PUD discussion as it may resolve
some concerns. Mr. Conner noted that one thing Ms. Murray will speak of is setting the
numerical threshold and possible incentives.
Mr. Conner cautioned members to remember that the Interim Zoning Open Space Committee
report is not a regulatory document.
9. Meeting Minutes of 22 June and 29 June 2021:
PLANNING COMMISSION
13 JULY 2021
8
Mr. Mittag moved to approve the Minutes of 22 and 29 June as written. Mr. Macdonald
seconded. Motion passed unanimously.
As there was no further business to come before the Commission, the meeting was adjourned
by common consent at 9:25 p.m.
The Planning Commission approved these minutes on __________
SOUTH BURLINGTON PLANNING COMMISSION
MEETING MINUTES
27 JULY 2021
1
The South Burlington Planning Commission held a regular meeting on Tuesday, 27 July 2021, at 7:00
p.m., in the Conference Room, 19 Gregory Drive and 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: D. Hall, Zoning Administrator; S. Murray, Front Porch Community Planning & Design; J.
Charest, S. Sarepalli, CCRPC; C. Trombly, L. Kingsbury, M. Emery, L. Ravin, S. Dopp, A Chalnick, S. Dooley,
B. Britt, A. Holland,
1. Agenda: Additions, deletions or changes in order of agenda items:
No changes were made to the agenda.
2. Open to the public for items not related to the Agenda:
Mr. Trombly advised that there is an open house at the new Habitat for Humanity house on Hinesburg
Road as well as link to a 3-D tour of the building. The building conforms to the Form Based Code and is
very quiet despite the busy area. The Executive Director has noted the challenges in South Burlington of
finding lots or buildings to purchase and also the city’s fees from which they got no relief despite a
request.
3. Planning Commissioner announcements and staff report:
Ms. Louisos: Reminded members of the joint meeting with the City Council on 3 August, 6:30 p.m.
Ms. Hall noted the DRB is also meeting that night, but the city went ahead with the conflict because the
next night is Rosh Hashana. The Council/Planning Commission meeting will be in the new Senior Center.
4. Swift and Spear Street Intersection Study Update:
Mr. Sarepalli reviewed the design principles outlined at the last presentation and then showed the
results of the second public opinion poll. The largest support was for a roundabout with a “shifted
center” option ranking second. Mr. Sarepalli then showed what the various options would look like. He
also noted that opposition to a roundabout is centered on bike/ped concerns. There was support for a
“Walk” signal with all traffic stopped. Mr. Sarepalli also noted that the level-of-service with a
roundabout is good.
Based on this analysis, the project team is recommending that the Planning Commission choose
between a roundabout or a shifted center intersection. If the roundabout is chosen, there would need
to be additional study for bike/ped safety.
Planning Commission
27 July 2021
2
Mr. Riehle said one concern of his is the continued accommodations being made for cars. His concern
with a roundabout is that it accommodates only cars. He said that if the roundabout is the final choice,
he highly encouraged a path that is not shared but is separated for bikes and pedestrians.
Ms. Ostby said she is concerned about roundabouts and is trying to educate herself. She noted that the
Bike/Ped Committee has not been able to look at this study and comment on it, and the people she
talked to on that Committee did not support a roundabout. She did not want the Commission to make a
decision until they hear from the Bike/Ped people. Ms. Ostby also noted that 85 respondents to the poll
is not a tremendous number. She stressed that this is a very unusual intersection with unusual traffic
patterns.
Ms. Hall said she coordinated with Ashley Parker to get materials to the Bike/Ped Committee.
Mr. Gagnon said he is an advocate for roundabouts as they eliminate idling and he finds them efficient.
He felt a well-designed roundabout is safe for bicycles. He noted there is also a signalized crossing
where the bike path crosses Spear Street.
Mr. Mittag said he favors the kind of roundabout on p. 19 of the presentation. Anything less than that
he wouldn’t be happy with.
Mr. Macdonald said he would also like to hear from more than 84 people. He noted that the
roundabout takes up the least amount of right-of-way. He also noted there is a question of how to
handle cyclists who ride on the road and not on the bike path.
Ms. Louisos felt a roundabout can be a good option if designed well. She often walks through the
Waterbury one and it works well to have crosswalks. She didn’t like the Jeffersonville roundabout as it
doesn’t have the same pedestrian accommodations. She asked if there is time on the schedule to get
feedback from the Bike/Ped Committee.
Ms. Hall said this study is coming to a conclusion. Mr. Sarepalli said they are looking to finalize the
report.
Mr. Gagnon asked if there is funding to go beyond the study into a design phase. Ms. Hall said the hope
is to get scoping. The team would like a final report decision that would get this advanced to that
scoping level.
Mr. Britt noted the Bike/Ped Committee meets on 11 August. Ms. Louisos said the Commission could
hear from them at its 18 August meeting. Mr. Sarepalli said that schedule can be accommodated.
Ms. Ostby said she can see 3 hurdles: safety for bike/ped, lack of comparable intersections to this one
(she noted the other roundabouts had 3 feeders while this has 4), and the cost is $1,000,000 more than
the shift center one. She felt the roundabout would have to be significantly safer to be worth
$1,000,000.
Planning Commission
27 July 2021
3
Mr. Charest said the speeds would be slower than any intersection with a typical design speed of 25-30
mph. He said that handling of traffic can be a problem with roundabouts in certain situations, but this
one performed the best of the 4 options they studied. He also noted that the data says roundabouts
can be safer for pedestrians. The data for bikes is mixes but is improving and is dependent on the
design.
Mr. Riehle asked if a design with separate bike lanes is an option. Mr. Sarepalli said it can be evaluated
in a scoping study.
Mr. Engels asked if there have been no fatalities at that intersection, how can a roundabout be safer?
Ms. Hall said there have been a lot of accidents, mostly rear-enders. Mr. Macdonald added that
bike/ped access isn’t great, especially with the volume of traffic.
Ms. Ostby noted there is a new roundabout in Malta, NY, and the nearby hotel warns guests not to walk
or run there as there have been accidents and it is not safe.
5. Continued Review of Land Development Regulations:
Ms. Louisos noted that the bulk of the discussion at this meeting will focus on Conservation PUDs.
Ms. Murray said she tried to focus on some of the questions raised at the last meeting as to how
Conservation PUDs could apply. The thinking is that this would be a type of overlay and would be
elective where 50% of the parcel is covered with hazards, etc. It could also be for some subdistricts in
the Southeast Quadrant (SEQ). 70% of the land would have to be open space. 30% could be developed.
The density from the 70% would apply to the 30%.
Ms. Louisos noted that Ms. Murray had suggested 3 options regarding whether or not to require the
open space to be permanently conserved:
#1 Identify the land on a plat as “protected open space.” This would allow for a change
in regulations and the property owner reconsidering.
#2 Have a recorded easement with a 3rd party to manage this.
#3 Dedicate the land fee simple to the city or to a qualified third part.
Ms. Louisos suggested that one option would be to keep those three options open for the applicant.
Mr. Mittag said he felt #2 and #3 provide adequate protection, and #1 does not.
Ms. Ostby noted that with a Conservation PUD, the hazards are already protected. The land that is not
necessarily protected is not tied to a resource. Ms. Ostby said permanency can be good, but the future
is not known. If zoning needs to change at some point in the future, that would be for a future panel to
discuss.
Planning Commission
27 July 2021
4
Ms. Murray noted that the land in the SEQ requires a management pln. This could be tailored to protect
resources in the conserved area.
Mr. Macdonald asked if the Conservation PUD is just for the SEQ or is it citywide. Ms. Murray said
originally it was to be limited to the SEQ and lakeshore areas. Then there was discussion about land
with 50% resources, which changed the nature of a Conservation PUD. Ms. Murray added that
conserving 70% of the land may not be appropriate in some areas. In the SEQ, it only makes sense in
residential districts.
Ms. Louisos said the Commission decided to nail down what the “tool” is and then revisit the map and
see where to apply it. The other piece is to determine where in the city this could be appropriate if
more than half of a parcel is covered with resources.
Mr. Gagnon said he agrees with keeping options open for the future. He did not think tying a Planning
Commission’s hands in the future is a good idea.
Mr. Engels said the only way to conserve land is a conservation easement. Mr. Riehle said he agreed
and wanted to see permanent preservation of land. Mr. Engels noted all the farms in Charlotte with
signs that indicate that the land is permanently conserved.
Ms. Louisos said she felt options #2 and #3 were a good idea, and the non-hazardous land could still be
used for farming. Mr. Mittag said that is a responsible way to act for climate change mitigation.
Ms. Ostby noted that the Charlotte lands are conserved individually by the owners, not by regulations.
She said anyone in South Burlington can do that as well. She then added that she was concerned that if
the only PUDs are Conservation PUDs, and the land is permanently conserved, it is putting off the TDR
conversation.
Mr. Gagnon said he favors conservation. An individual land owner can conserve land. The city can buy
land and conserve it as can private groups of concerned citizens. He added that when development is
limited in South Burlington, it pushes development out to Milton, Starksboro, etc. which increases
vehicle miles traveled and contributes to global warming.
Ms. Murray said the language of the options could be recrafted to determine when they would apply.
She added that Option #1 should be there in any case because it is shown on the plat. Ms. Louisos
added that a person would have to do Option #2 or #3.
Ms. Ostby said she would be opposed to forcing a PUD where there are no resources to protect. Ms.
Murray said that is a good point. Originally the Conservation PUD was elective. Then it was mandatory
in the SEQ. She suggested it could be elective everywhere. Ms. Ostby felt there is more about the
Conservation PUD that they need to understand.
Planning Commission
27 July 2021
5
Mr. Mittag said they shouldn’t sacrifice South Burlington land to keep people from moving to other
places.
In a straw poll, 4 members favored permanently conserving areas in the Conservation PUD, 1 opposed,
and 2 abstained. Ms. Louisos said they can revisit this if people’s feelings change.
Ms. Murray said there has been discussion regarding relying on an underlying zoning for the build area.
An option would be to define building types (e.g., single family, duplex, etc.).
Ms. Ostby said they had talked about requiring single family homes in the mix, and she would oppose
that. Mr. Riehle disagrees and felt some single family homes should be required.
Ms. Murray said single family to 4-plexes are allowed now. She added that with enough land, there
could be a Conservation PUD and a TND. Ms. Louisos felt that sounded reasonable. Mr. Mittag said
they had talked about 4 acres as a minimum for a Conservation PUD. That would leave only one acre to
build on, and that would not be much of a neighborhood. Ms. Murray said that is not the aim of a
Conservation PUD. Ms. Louisos added that it is important to have the Conservation PUD available for a
4-acre parcel if 50% of it is covered with resources. It is a conservation tool. Ms. Louisos asked if TDRs
could work in the development portion of the land. Ms. Murray said that could be an option.
Ms. Louisos asked about spots outside the SEQ. Ms. Murray asked whether the Commission favors
strictly residential neighborhood development or underlying zoning. Ms. Ostby said the goal is to make
it work. She also wanted to ensure that the developable 30% is contiguous. Ms. Murray said that is the
intent.
Regarding building types, Ms. Murray said they have added a smaller house type. They need to be sure
there is enough density to support types of housing. Ms. Ostby felt a developer should be allowed one
housing type. Mr. Mittag said developers have said they are being too proscriptive, so some flexibility is
a good idea. Ms. Louisos felt that over a certain acreage, there should be multiple types, possibly more
than 10 acres, more than one type. There was general agreement on that.
Members opposed adding density from another parcel to the 30%. They also stressed that the 50% has
to be hazards, level 1 and level 2 resources. Other land could be added to make up the 70%. Mr. Mittag
asked about level 3 resources and where those get worked in. Ms. Murray said there could be a list of
things no regulated but considered important to the city.
6. Other Business: Spear Street Solar, LLC’s Proposed Spear Street Solar Farm, 45-Day Notice of
Application to be filed with the Vermont Public Utility Commission
Ms. Hall noted the city was pre-shared a Public Utility Commission site plan for a solar farm on Spear
Street. She showed a picture of the site. The City has 45 days in which to provide feedback.
Mr. Riehle said there should be no fence and there should be a hedgerow along the Interstate.
Planning Commission
27 July 2021
6
Mr. Mittag said the solar farm will provide power for the development in front of it. Ms. Hall noted the
DRB just looked at that proposal, and it is still being reviewed.
Ms. Ostby felt some pathways would be nice. Mr. Mittag added pollinators under the solar panels. He
noted there is a treeline parallel to the Interstate.
Ms. Louisos moved that the Commission respond to the pre-sharing site plan with the following: no
fence, planting of pollinators, maintaining vegetation along the Interstate, and a walking area around
the periphery. Mr. Mittag seconded. Motion passed unanimously.
7. Other Business:
The following meeting schedule was outlined:
3 August – Joint meeting with the City Council (live, in person)
10 August – No meeting
18 August – In person meeting
24 August – In person meeting
31 August – Special in person meeting
14 September – In person meeting
As there was no further business to come before the Commission, the meeting was adjourned by
common consent at 10:03 p.m.
___________________________________
Clerk