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Agenda - City Council - 05/02/2016
AGENDA SOUTH BURLINGTON CITY COUNCIL City Hall Conference Room 575 Dorset Street SOUTH BURLINGTON, VERMONT Regular Session 7:00 P.M. Monday, May 2, 2016 1. Pledge of Allegiance (7:00 – 7:01 PM) 2. Agenda Review: Additions, deletions or changes in order of agenda items. (7:01 – 7:03 PM) 3. Comments and questions from the public not related to the agenda. (7:03 – 7:13 PM) 4. Announcements and City Manager’s Report. (7:13 – 7:23 PM) 5. Consent Agenda: (7:23 – 7:25 PM) A. *** Sign Disbursements B. *** Approve Minutes for April 18, Council meeting C. *** Resolution presented by the Recreation and Leisure Arts Committee to change the Committee name to Recreation and Parks Committee. 6. ***Establishing an Affordable Housing Committee - Discussion & Resolution (7:25 – 7:55 PM) 7. Consider recommendation from the Housing Trust Fund Committee regarding a City investment in a Cathedral Square/Snyder Braverman affordable senior project on Market Street in City Center and possible approval – Larry Kupferman, Chair (7:55 – 8:15 PM) 8. South Burlington City Center Collaborative (SB3C) Introduction to Council – Ilona Blanchard (8:15 – 8:30 PM) 9. City Center Update – Ilona Blanchard (8:30 – 8:45 PM) BREAK (5 Minutes) 10. *** Acknowledge receipt from the Planning Commission of draft Amendments to the Land Development Regulations and accompanying Report. (8:55 – 9:00 PM) 11. Consider warning public hearing on draft amendments to the Land Development Regulations: (a) revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; (b) merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability; (c) allowance of smallscale personal instruction studio and indoor recreation in the SEQVC District; (d) updated definitions and technical corrections throughout. (9:00 pm – 9:05 pm) 12. Other Business: (9:20 – 9:25 PM) A. Items held from the Consent Agenda 13. Adjourn (9:25 PM) Respectfully Submitted: Kevin Dorn Kevin Dorn, City Manager *** Attachments Included Issues raised by Councilors or the public that have not been on a prior meeting agenda: 1. Policy regarding landscaping City-owned land and request from Hadley Road. 2. Cost of development/cost of open space. 3. Airport noise survey. 4. Evaluate water billing and rate structure. 5. Citizen participation in democratic process. Issues that have been discussed by the Council where further action is pending: 1. East Terrace Neighborhood Forum and conversion of housing into rental units. 2. Street light policy. 3. Crosswalk issues generally and on Kennedy Drive and Williston Road. 4. Committee reorganization. 5. Encouraging litter removal by businesses and the public. South Burlington City Council Meeting Participation Guidelines City Council meetings are the only time we have to discuss and decide on City matters. We want to be as open and informal as possible; but Council meetings are not town meetings. In an effort to conduct orderly and efficient meetings, we kindly request your cooperation and compliance with the following guidelines. 1. Please be respectful of each other (Council members, staff, and the public). 2. Please raise your hand to be recognized by the Chair. Once recognized please state your name and address. 3. Please address the Chair and not other members of the public, staff, or presenters. 4. Please abide by any time limits that have been set. Time limits will be used to insure everyone is heard and there is sufficient time for the Council to conduct all the business on the agenda. 5. The Chair will make a reasonable effort to allow everyone to speak once before speakers address the Council a second time. 6. The Chair may ask that discussion be limited to the Councilors once the public input has been heard. 7. Please do not interrupt when others are speaking. 8. Please do not repeat the points made by others, except to briefly say whether you agree or disagree with others views. 9. Please use the outside hallway for side conversations. It is difficult to hear speaker remarks when there are other conversations occurring. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. South Burlington Water Dept. Accounts Payable Check Register Date: 05/03/16 Date Check No. Paid To Memo Amount Paid 5/3/2016 2976 John H. Cole 100.84 Date Voucher Number Reference Voucher Total Amount Paid 4/22/2016 VI-13955 REFUND 100.84 100.84 5/3/2016 2977 E.J. Prescott, Inc. 63.74 Date Voucher Number Reference Voucher Total Amount Paid 4/19/2016 VI-13957 5070773 10.36 10.36 4/20/2016 VI-13960 5071533 53.38 53.38 5/3/2016 2978 Associates In Orthopedic Surgery 394.63 Date Voucher Number Reference Voucher Total Amount Paid 4/22/2016 VI-13954 REFUND 394.63 394.63 5/3/2016 2979 City Of So. Burlington 15,000.00 Date Voucher Number Reference Voucher Total Amount Paid 4/19/2016 VI-13958 GIS-QTR 2 & 3 15,000.00 15,000.00 5/3/2016 2980 SoVerNet, Inc. 44.92 Date Voucher Number Reference Voucher Total Amount Paid 4/15/2016 VI-13956 3625377 44.92 44.92 5/3/2016 2981 Ti-Sales Inc. 803.93 Date Voucher Number Reference Voucher Total Amount Paid 4/14/2016 VI-13959 INV0063038 803.93 803.93 Total Amount Paid: 16,408.06 SOUTH BURLINGTON CITY COUNCIL _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ _____________________________________________________ Printed: April 28, 2016 Page 1 of 1 Resolution to Change the name of Recreation and Leisure Arts Committee to Recreation and Parks Committee Whereas, the City of South Burlington has supported the Recreation and Leisure Arts Committee in its endeavors to support the Department of Recreation and Parks in an advisory capacity; and, Whereas, the concept of the Recreation and Leisure Arts Committee was initiated by City Council as a support committee to the Department of Recreation and Parks; and, Whereas, the committee was approved by members of the City Council; and Whereas, this committee would like to change its name to be in keeping with the department name and mission of providing recreation and parks opportunities to the community ; and, Whereas, this committee was established in 1970; and, Whereas, it is the expressed desire of all committee members of the Recreation & Leisure Arts Committee to have the committee renamed to Recreation and Parks Committee; and, Now, Therefore, Be it Resolved, that the City Council hereby approves that the official name of Recreation and Leisure Arts Committee be changed to Recreation and Parks Committee; and, Furthermore, Be It Resolved that this change will take effect at the next Recreation and Leisure Arts Committee meeting scheduled for May 16, 2016. Dated this day of May 2, 2016 SOUTH BURLINGTON CITY COUNCIL ________________________ ________________________ Helen Riehle, Chair Pat Nowak ________________________ ________________________ Meaghan Emery, Vice Chair Tim Barritt ________________________ Tom Chittenden Excerpt from Minutes of 11/17/14 SB City Council meeting: 7. Receive and possibly take action on the report and resolution presented by the Affordable Housing Trust Fund Feasibility Committee: Ms. Dooley recognized the input of the City Manager and Deputy City Manager and of committee members. Ms. Dooley noted that many people are paying 30% to 50% of their income for housing, which is not a healthy situation. To address this, the committee recommends that the City Council establish a South Burlington Housing Trust Fund and to begin funding it with $200,000 from the general fund budget. They also recommend adding ½ % to the Rooms & Meals local option tax. Ms. Dooley noted that housing creates jobs in a community; it provides children for the schools; adds to sales and property tax revenues, and promotes public health. Mr. Michaels noted that they have 50 people on the waiting list at Country Park. He added that affordable housing allows people to move into and stay in the city and allows employees in service positions to live in the city where they work. Mr. Monte of Champlain Housing Trust explained that residences created under the trust pay taxes, provide employment (architects, contractors, etc.), etc. He noted that typically tax payments are higher per acre because of increased density. He felt $200,000 would be a great start. He then explained other funding mechanisms (e.g., tax credits, private financing, state funding, etc.) that would go into the building of affordable housing. Mr. Simson asked if there is a potential for the money to be needed in the next 18 months. Mr. Monte said there is. They have been talking with a landowner in City Center area and with Cathedral Square as well. South Burlington is at the top of their list. Mr. Monte also noted that all housing projects go through the city’s regulatory process (DRB, etc.) and state, federal, archaeological reviews as well. Most of their properties meet or exceed state standards for energy efficiency as well. Ms. Riehle asked if the housing would be permanently affordable. Mr. Monte said they would. Ms. Nowak noted the original recommendation of $40,000 has now grown to $200,000. Ms. Dooley said they want to start with a significant amount. Mr. Simson noted they originally had a 3‐tier plan which, after discussion with the City Manager, became a 2‐tier plan. They also learned about a potential “right away project” and want to be in a position to act on that. Ms. Nowak said one fear is that a Charter change to increase the Rooms & Meals Tax might not pass in the city or Legislature. She asked if there is a “plan B.” Mr. Simson said it would depend on what kind of project opportunities arise. They could look for state grant money or try to go to the voters again. Ms. Dooley said that would depend on how close the vote is. She noted that the City of Burlington already has a full cent extra on their Rooms & Meals tax. Ms. Nowak asked if individuals could donate to the Housing Trust. Ms. Dooley said they can. Mr. Hubbard said that the Council could consider an amount to fund at the budget discussion on 10 January. Ms. Emery moved to approve the Resolution amending the contribution amount to read “up to $200,000.” Mr. Simson seconded. This was accepted by the motion makers. In the vote that followed, the motion passed unanimously. Mr. Simson suggested soliciting members for a new housing committee. Ms. Nowak said that will be done as soon as possible. Excerpts from Minute of 12/1/14 City Council Meeting: 4. Consent Agenda: a. Sign Disbursement b. Approve Minutes of 17 November 2014 c. Acceptance of portion of Holmes Road as a new City street Ms. Emery asked that the Minutes of 17 November be removed from the Consent Agenda. 10. Other Business: a. Items Held From Consent Agenda: Ms. Emery noted that on p. 3 of the Minutes of 17 November, next to the last paragraph, the amendment proposed by Ms. Riehle was retracted. Ms. Emery then moved to approve the Minutes of 17 November 2014 as amended. Mr. Shaw seconded. Motion passed unanimously. Excerpt from Minute of 12/15/14 City Council Meeting: 1. Agenda Review: No changes were made to the Agenda. Ms. Nowak cited the need to correct the Resolution regarding the housing trust to indicate in Section 3 a change from an amount of $200,000 to an “amount between $100,000 and $200,000.” Mr. Simson moved to change the amount in Section 3 of the Resolution regarding the creation of a Housing Trust from $200,000 to “an amount between $100,000 and $200,000. Ms. Emery seconded. Motion passed unanimously. SOUTH BURLINGTON CITY COUNCIL RESOLUTION RELATING TO A SOUTH BURLINGTON HOUSING TRUST FUND Whereas, the City Council of South Burlington (CC), Vermont, on August 4, 2014, voted unanimously to: Support the establishment of a South Burlington Housing Trust Fund whose purpose will be “to provide an ongoing stream of funds to support strategic participation in development that will increase the City’s stock of housing that is affordable to households with income below 80 percent of median”; and Establish a committee whose purpose would be to identify and research options for funding a South Burlington Housing Trust Fund and make recommendations to the CC regarding which it deems the most appropriate for South Burlington; and Whereas such committee was established; came together under the leadership of its chair, John Simson; carried out its work; and reported its recommendations to the City Council; Now, therefore, be it resolved that the South Burlington City Council: 1. Creates a South Burlington Housing Trust Fund, creates a standing Affordable Housing Committee, and shall make appointments to this committee; 2. Directs the Affordable Housing Committee, with the assistance of the City Attorney, to draft organizational documents and by-laws for the Housing Trust Fund. 3. Agrees to include an amount between $100,000 and $200,000 in the City’s FY 2016 budget to provide money for project planning and financing for the Housing Trust Fund during fiscal year 2016. 4. Directs the Affordable Housing Committee to prepare an additional charter change to be included on the City’s November 2016 ballot. The Charter Change would add one-half of one percent to the local option rooms and meals tax and would dedicate the proceeds to the Housing Trust Fund. Provided the voters approved this Charter Change, it shall be forwarded immediately to the 2017 State Legislature. 5. Directs the Affordable Housing Committee, during the period from its appointment, through November 8, 2016, to engage in activities with multiple City stakeholders and interest groups, including convening meetings of South Burlington hospitality businesses, other interest groups, and residents. The purpose of these activities shall be to build awareness and understanding of (1) the need for more affordable housing in the City; and (2) the ways in which preservation and development of affordable housing contributes to our community economically, environmentally, and socially; and, additionally to test community support for using an increase in the rooms and meals tax to support the Housing Trust Fund. Historical Note: At the November 17, 2014, City Council Meeting, Sandy Dooley and Larry Michaels presented this Resolution to the City Council (without the amendment highlighted in yellow). John Davis, also a member of the Affordable Housing Trust Fund Feasibility Committee, was also present. Michael Monte of Champlain Housing Trust was present and responded to Councilors’ questions. Following discussion Councilor Meaghan Emery moved the approval of this Resolution, with the amendment highlighted in yellow. Councilor John Simson seconded the motion and it was passed unanimously (with all Councilors present: Nowak, Chair; Shaw, Vice-Chair; Emery, Clerk; Riehle; and Simson). 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: Kevin Dorn, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Draft amendments to the Land Development Regulations DATE: May 2, 2016 City Council meeting The Planning Commission, at their meeting of April 26, held a public hearing and subsequently voted to approve and submit the attached draft amendments to the Land Development Regulations and accompanying report. It is staff and the Commission’s recommendation that the City Council warn a public hearing for June 6, 2016. As with previous amendments, the Commission and staff would be happy to provide a full summary and presentation of the proposed amendments at that time, and answer any questions that Councilors or the public may have. In brief, the amendments include the following: 1. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; 2. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability 3. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District 4. Updated definitions and technical corrections throughout The amendments were reviewed by the City’s legal counsel prior to the Commission’s public hearing. Included with the amendments is a report prepared by the Planning Commission. The Report includes a brief summary of each of the proposed amendments as well as an assessment of the relationship of the amendments to the city’s Comprehensive Plan pursuant to state law. A copy of the draft amendments to the Land Development Regulations can be found online at www.sburl.com/planning. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com Proposed Amendments to the Land Development Regulations Approved by the Planning Commission April 26, 2016 Legend Proposed amendments, shown on the following pages, are marked as follows: Additions are shown in red and underlined Deletions are down in red strikethrough Map changes are noted in text boxes Index to Amendments Amendments are proposed to the sections below. Under each section, one or more descriptions of purpose as described in the public hearing notice are listed. Section 2.02: Definitions Purposes: Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability; Updated definitions and technical corrections throughout Section 3.07: Height of Structures Purposes: Updated definitions and technical corrections throughout Section 7.01: Institutional and Agricultural District 1-A Purposes: Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability; Section 8.06: Special Standards Purposes: Updated definitions and technical corrections throughout Section 8.13: T-4 Urban Multi-Use Building Envelope Standards Purposes: Updated definitions and technical corrections throughout Section 8.14: T-5 Building Envelope Standards Purposes: Updated definitions and technical corrections throughout Table 13-2: Parking Requirements, Commercial Uses Purposes: Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability; Section 14.06: General Review Standards Purposes: Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts Appendix C – Uses and Dimensional Standards Purposes: Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability; allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District; (D) Updated definitions and technical corrections throughout Overlay Districts Map Purposes: Updated definitions and technical corrections throughout South Burlington Land Development Regulations Draft Approved by Planning Commission April 26, 2016 2.01 Rules of Construction, Intent and Usage A. In the construction of these regulations, the following provisions and rules shall be applied, except when the context clearly requires otherwise: … (17) Abbreviations. “SF” shall mean “square feet”, “GFA” shall mean “gross floor area”, “GLA” shall mean “gross leasable area”, “DU” shall mean dwelling unit, and “ROW” shall mean “right-of-way” 2.02 Specific Definitions … Building line. Front. The line, parallel to the street line, that passes through the point of the principal building nearest the front lot line. A lot with two or more front lot lines shall have a front building line for each front lot line. Rear. The line, parallel to the rear lot line, that passes through the point of the principal building nearest the rear lot line. In the event that a property has two or more front lot lines and no rear lot lines, the rear building line shall be the line that is both (a) parallel to the side lot line that passes through the point of the principal building nearest the side lot line and (b) parallel to the Primary Building Façade. … Convenience store. A retail establishment, typically less than 3,000 square feet in area, offering for sale prepackaged or prepared food products, household items, newspapers and magazines, and may include sandwiches and other freshly prepared foods for off-site consumption. … Lot line, front. The lot line separating a lot from a street right-of-way. Refer to Figure 2-1 for for examples of lot lines for non-standard lots. In the case of a through lot, the lot shall be deemed to have two front yards which shall each meet the required front setback and all other requirements of this ordinance to front yards, and shall be deemed to have two side yards and no rear yard. A corner lot shall be deemed to have two front yards and two side yards and no rear yard. South Burlington Land Development Regulations Draft Approved by Planning Commission April 26, 2016 Figure 2-1, Lots, and Yards, and Lot Lines Retail food establishment. An establishment, including supermarkets, which by design of physical facilities or by service and packaging procedures permits or encourages the purchase of prepared ready- to-eat foods intended primarily to be consumed off the premises, and where the consumption of food on site is limited to sixteen (16) or fewer indoor seats. Additional seasonal outdoor seating may be permitted in conjunction with a retail food establishment. FRONT South Burlington Land Development Regulations Draft Approved by Planning Commission April 26, 2016 Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a retail food establishment short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations. … Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. … Wholesale establishment. An establishment or place of business primarily engaged in selling goods, products, material, and merchandise stored on the premises to retailers or persons who are the intermediaries between the producer and the consumer; to industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Under these Regulations, this definition of Wholesale establishment specifically excludes the Wholesale Club use. A Wholesale Club shall not be considered to be a Wholesale establishment. 3.07 Height of Structures … B. Stories. The requirements of Table C-2, Dimensional Standards, shall apply. (1) Where a roofline story is placed on a building that contains or is planned to contain the maximum permitted number of stories below the roofline, the following conditions shall apply: (a) dormers on such story shall not exceed the height of the roof peak, and (b) the total width of the dormers on any single side does not exceed fifty thirty-three percent (33%) of the horizontal distance of the roof line along that side. Vertical extensions that exceed thirty-three percent (33%) of the horizontal width (i.e., step dormers) are permitted, but South Burlington Land Development Regulations Draft Approved by Planning Commission April 26, 2016 are limited to a maximum height of five (5) feet above the average height of the principal roof structure and shall not exceed fifty percent (50%) of the horizontal width of any side. 7.01 Institutional and Agricultural District I-A … C. Permitted Uses. The following uses are permitted in the Institutional-Agricultural District. … (i) Convenience store up to 3,000 SF in size within a principal permitted structure (NORTH ONLY) (j i) Photocopy and printing shop with accessory retail sales use, up to 3,000 SF in size within a principal permitted structure (NORTH ONLY) (k j) Personal service. Use is limited to 5,000 SF GFA per tenant with a maximum of 15,000 SF GFA total footprint for the building. Tenants shall have separate entrances from one another and no direct passageways from one to another. up to 3,000 SF in size within a principal permitted structure (NORTH ONLY) (l k) Short-order restaurant, within a principal permitted structure (NORTH ONLY) (m l) Retail sales. Use is limited to 5,000 SF GFA per tenant with a maximum of 15,000 SF GFA total footprint for the building. Tenants shall have separate entrances from one another and no direct passageways from one to another.business up to 3,000 SF in size within a principal permitted structure (NORTH ONLY) (n m) Social services (NORTH ONLY) (o n) Accessory uses to the uses listed above in the applicable district (i.e. North only or all) 8.06 Special Standards … C. Drive Throughs. Drive-through service windows are permitted in the back of the building, in mid-block and alley-accessed locations provided they comply with all of the following standards: … (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in these regulations that requires a minimum of two (2) stories minimum two (2) story requirement standard; and, ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐1 8.13 T‐4 Urban Multi‐Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a) Lot size (b) Lot Width (2)Lot Occupation (a) Percentage of Lot Coverage (b) Units per acre (C) Building Standards (1) Building Types (a) All Types (2)Building Stories (a) Principal (b) Accessory (3)Floor‐to‐Floor Height (a) First story (b) Upper Stories (4)Build‐to‐Zone See T4 Figures (a) Primary Build‐to‐Zone 0' Min., 12' Max. 0' Min., 18' Max. (b) Secondary Build‐to‐Zone 0' Min., 24' Max. 0'. Min., 36' Max. (5)Frontage See T4 Figures (a) Frontage Buildout , Primary Streets 70% Min. 70% Min. (Note 1) (b) Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b) Percentage of Frontage Buildout within the Primary Build‐ to‐Zone 75% Min. 100% Max. (c ) Percentage of Frontage Buildout within the Secondary Build‐to‐Zone 0% Min., 25% Max. 100% Max. (6)Entrances See Entrances Figure (a) Average frequency of Public Entrances, non‐residential first story use 36' Max. 54' Max. (b) Maximum distance between Public Entrances, non‐ residential first story use 46' Max. 72' Max. (c ) Average Frequency of Operable Entrances, residential first story use 36' Max. 54' Max. (d) Maximum distance between Operable Entrances, residential first story use 46' Max. 72' Max. (7)Glazing See Glazing Figure (a) First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b) First Story, percent of glazing required to be transparent 75% Min. 75% Min. (c ) Upper Stories None None None Permitted 2 Min., 4 Max. 1 Max. T4 BES Standard Generally a multi‐use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T‐4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on‐street parking) shall be away (or hidden) from the street. None 24' Max. 14' Max See Note 2 South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Bldg Breaks Figure (a) Building Horizontal Façade Min. 3 every 80' Min. 3 every 80' (b) Single Span of Horizontal Facade Without a Break 48' Max. 48' Max. (9)Supplemental Building Standards (a) Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a) Perimeter (b) Length (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pesdetrian Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non‐Residential (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (g) (3) Off‐Site Parking (F) Supplemental District Standards (1)Where a T‐4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) 18.02(B) (b) Off‐site parking within 1200’ may be used to meet parking requirements for non‐Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street (a) Off‐site parking within 600’ may be used to meet parking requirements for Residential uses. Prohibited No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. New construction resulting in additional non‐residential gross floor area or residential units shall meet T‐ 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged 2 spaces Min. 300' Min., 700' Max. Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street 2,800' Max. 100' Min. distance between curb cuts See Note 2 South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4‐3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (b) (c ) (d) (e ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (G) Streetscape Standards (1)General Standards (a)All streetscape features must be consistent within a project. (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2) Upper Story Glazing Shall comply with the following standards: (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build‐to‐zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Building Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 Min. per 100' frontage 1 Min. per 100' frontage 50' Max. average (a) Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single‐story sotry building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single‐story building approved under this subsection; Large Single Story Principal Buildings. New large single‐story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, Non‐hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty‐four feet (24’) from the rear building line. Small Single Story Principal Buildings. New small single‐story principal buildings shall be permitted subject to the following requirements: South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5‐1 8.14 T‐5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a) Lot size (b) Lot Width (2)Lot Occupation (a) Percentage of Lot Coverage (b) Units per acre (C) Building Standards (1) Building Types (a) All Types (2)Building Stories (a) Principal (b) Accessory (3)Floor‐to‐Floor Height (a) First story (b) Upper Stories (4)Build‐to‐Zone See T5 Figures (a) Primary Build‐to‐Zone 0' Min., 6' Max. 0' Min., 9' Max. (b) Secondary Build‐to‐Zone 0' Min., 24' Max. 0'. Min., 36' Max. (5)Frontage See T5 Figures (a) Frontage Buildout 85% Min. 85% Min. (Note 1) (b) Percentage of Frontage Buildout within the Primary Build‐ to‐Zone 75% Min. 50% Min. (c ) Percentage of Frontage Buildout within the Secondary Build‐to‐Zone 0% Min., 25% Max. 50% Max. (6)Entrances See Entrances Figure (a) Average frequency of Public Entrances, non‐residential first story use 30' Max. 45' Max. (b) Maximum distance between Public Entrances, non‐ residential first story use 40' Max. 60' Max. (c ) Average Frequency of Operable Entrances, residential first story use (d) Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a) First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b) First Story, percent of glazing required to be transparent 75% Min. 75% Min. (c ) Upper Stories (d) Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Note 3 & Bldg Breaks Figure (a) Building Horizontal Façade Min. 3 every 80' Min. 3 every 80' 1 Max. T5 BES Standard Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 See Note 2 Emphasis is on Market Street with high volume foot traffic. Create a street‐oriented public realm that encourages a dense downtown, multi‐use/multi‐purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on‐street parking) shall be away (or hidden) from the street. None None None None South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5‐2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (b) Single Span of Horizontal Facade Without a Break Recommend every 24‐ 48 feet; 60' Max. Recommend every 24‐ 48 feet; 60' Max. (9)Supplemental Building Standards (a) Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a) Perimeter (b) Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non‐Residential (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off‐Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (G) Streetscape Standards (1)General Standards Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 1,600' Max. 400' Max. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off‐site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off‐site parking within 1200’ may be used to meet parking requirements for non‐Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary principal and secondary secondard building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout building frontage New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height New construction resulting in additional non‐residential gross floor area or residential units shall meet T‐5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5‐3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a)All streetscape features must be consistent within a project. (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Parking or Rack Spaces (c )Street Tree Spacing, on center Notes (1) (2) Upper Story Glazing Shall comply with the following standards: (3) Building Break Standards also apply to any façade facing a Qualifying Open Space If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout in on the BES shall be reduced by 50% on the street containing the secondary building facade. (a) Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. 1 Min. per 50' frontage 20 Min. per 100' frontage 30' Max. average Non‐hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 ARTICLE 13 South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 TABLE 13-2: PARKING REQUIREMENTS, COMMERCIAL USES Use Parking Space Requirement Notes Agriculture & construction equipment sales, service & rental 2 per 1,000 SF GFA Recreation facility, indoor 0.33 per person in maximum occupancy permitted Recreation facility, outdoor 0.33 per seat or per person in maximum occupancy Auto and motorcycle sales, service and repair 2 per 1,000 SF GFA 2 Artist production studio 2 per 1,000 SF GFA Auto rental, with private accessory car wash and fueling 2 per 1,000 SF GFA 2 Drive-through bank 5.8 per 1,000 SF GFA 2 Bed & breakfast, minimum 1 acre lot 2 plus 1.5 per guest bedroom Car wash 2 per 1,000 SF GFA, minimum of 2 2 Commercial greenhouse 2 per 1,000 SF GFA Convenience store, principal use 5 per 1,000 SF GFA Convenience store <3,000 SF within principal structure 4 per 1,000 SF GFA Day care facility 1 per employee plus 0.1 per licensed enrollment capacity General merchandise store 4 per 1,000 SF GFA Equipment service, repair & rental 2 per 1,000 SF GFA Financial institution 3.6 per 1,000 SF GFA Flight instruction 1 per employee (faculty and staff) plus 0.5 per student enrollment capacity Hotels 1 per room, plus 0.33 per maximum occupancy in meeting and banquet rooms Use (continued) Parking Space Requirement Notes Hotels, extended stay 1 per room plus 1 per employee Indoor theater 0.33 per seat Commercial kennel, animal shelter, veterinary hospital or pet day care 1 per employee plus 0.5 per 1,000 SF GFA Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2 Office, general 3.5 per 1,000 SF GFA Office, medical 5 per 1,000 SF Personal or business service, principal use 2 per treatment station, but not less than 4 per 1,000 SF GFA Personal or business service, up to 3,000 SF GFA per any one principal structure 2 per treatment station (personal service) or 4 per 1,000 SF GFA, whichever greater Pet grooming 4 per 1,000 SF GFA Printing & binding production facilities 2 per 1,000 SF GFA Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF GFA of retail area Radio & television studio 2 per employee ARTICLE 13 South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 Research facility or laboratory 3 per 1,000 SF GFA Restaurant, standard 18 per 1,000 SF GLA Restaurant, short order 12 per 1,000 SF GLA Retail food establishment <5,000 SF GFA 6.7 per 1,000 SF GFA Retail food establishment >5,000 SF GFA, and supermarkets 6 per 1,000 SF GLA Retail sales business, excluding general merchandise stores 5 per 1,000 SF GFA Retail sales business up to 3,000 SF GFA within any one principal structure 4 per 1,000 SF GFA Retail warehouse outlet 5 per 1,000 SF GFA Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA Seasonal mobile food unit 8 per employee Service station with convenience store 10 per 1,000 SF GLA 2 Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or less 5.5 per 1,000 SF GLA if more than 400,000 SF Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy Motor freight terminal 1 per employee 2 Commercial or public parking facility 1 per employee 2 Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA Distribution and related storage, as a minority of floor area accessory to another principal permitted or conditional use 0.5 per 1,000 SF GFA for the distribution and storage portion of GFA Wholesale establishments 0.5 per 1,000 SF GFA plus any requirements for office or sales area South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 14.06 General Review Standards B. Relationship of Proposed Structures to the Site. … (2) Parking: … (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. … (vii) The lot is located within the Mixed Industrial-Commercial or Industrial & Open Space Zoning Districts, and it is clear that the circulation and layout of the lot cannot reasonably be designed in a manner to avoid conflicts between visitors / employees and the inherent operations of the use(s) on the lot; (I) In order to further reduce the likelihood of such conflicts, this exception to the general requirements for parking is only available when the uses of the lot(s) are limited to: 1. Distribution and related storage 2. Light manufacturing 3. Manufacturing 4. Processing and Storage 5. Warehousing and Distribution (II) The parking shall be limited as follows: 1. No more than 25% of the total parking on the lot shall be located between a public street and the building(s); 2. Parking shall be predominantly screened from the roadway with landscaping features, and separated from the roadway’s sidewalks or multi-use paths by one or more of the following Qualifying Open Spaces (as defined in Appendix F, except for the location standards which are superseded by this subsection): Pocket/Mini Park; Wooded area; Community Garden; Enhanced Rain Garden; or Streetfront Open Space. The size of this Open Space shall be sufficient to (1) create or extend a pleasant pedestrian experience on the adjacent public sidewalk or recreation path, (2) largely screen parking from the street right-of-way, and (3) provide for additional usable open space on the parcel. The open space shall represent a minimum of 35% of the total square footage of the parking spaces (not including circulation infrastructure) proposed to be located in front of the building. 3. The minimum required landscaping budget established by the Development Review Board pursuant to Section 13.06 shall increase by a percentage that is equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) on a lot. Of this total increased landscaping budget, the percentage that must be dedicated to installation of South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 landscaping in the front yard shall be equivalent to the percentage of the total parking that is proposed to be located between a public street and the building(s) (e.g., if the minimum required landscaping budget before any increase was $100,000, and if 10% of the total parking for the lot is proposed to be located between a public street and the building(s), then the minimum required landscaping budget shall increase by 10%, for a new total landscaping budget of $110,000, and no less than 10% of the new total landscaping budget, or $11,000, must be dedicated to installation of landscaping in the front yard). 4. The applicant shall construct a safe, paved pedestrian access from the street to the building’s main entrance. 5. The parking layout and circulation shall not interfere with safe pedestrian access from the street to the building’s main entrance. APPENDIX C USES and DIMENSIONAL STANDARDS C South Burlington Land Development Regulations Effective April 11, 2016 DRAFT Approved by the Planning Commission April 26, 2016 C USES and DIMENSIONAL STANDARDS The tables on the following pages describe the allowable uses in each zoning district in the City, and the specific dimensional standards applicable to each. The tables are C‐1, Table of Uses and C‐2, Table of Dimensional Standards. APPENDIX C USES and DIMENSIONAL STANDARDS C‐Residential/Institutional 1RESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR SEQ‐VR SEQ‐VC(2)Residential UsesSingle‐family dwelling P P P P PUD PUD P P P P P P PTwo‐family dwelling PUD P P P PUD PUD P P P P P PMulti‐family dwelling PUD PUD P PUD PUD PUD C PUD P PAccessory residential unitsGroup home or Residential Care HomeP P P P PUD PUD P P P P P P PAgricultural UsesHorticulture & forestry with on‐premise salesHorticulture & forestry, no on‐premise salesKeeping of livestock on 10 acres or more P P P P P P P P PSingle‐family dwelling related to agriculture P P P P P P P P P P P P PAdditional dwellings for farm employees P P P P P P P P P P P P PPublic & Quasi‐Public UsesCemeteriesCommunity center PUD P P P C P P PCongregate care, assisted living, or continuum of care facilityC‐TO C C CCultural facility PUDEducational facility PUD P C C CEducational support facilities PUDFuneral homes, mortuaries, and crematoriums C CGroup quarters PUDHospice P PMunicipal facility C PParksPersonal instruction facilityPP (6)Place of worship PUD P P P P P P P P P PRecreation pathsSocial servicesC‐TO CInstitutional Residential Southeast QuadrantPlease See Section 3.10 for RegulationsConditional in all districtsPermitted in all districtsPermitted in all districtsPermitted in all districts; 3 acre minimum lot size in all districts.Permitted in all districtsSouth Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Residential/Institutional 2RESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR SEQ‐VR SEQ‐VC(2)Institutional Residential Southeast QuadrantCommercial UsesAdult use Auto & motorcycle service and repair, accessory use, no fueling pumpsCBed and breakfast, min. 1 acre lot C C C C C C C C(3)Family child care home, registered or licensed P P P P P P P P P P P P PChild care facility, licensed non‐residential P P (6)(4)PCommercial greenhouseC‐ACCCommercial or public parking facility C CConvenience store <3,000 SF within principal structureN‐PUDPFinancial institutionPGolf courseCCCOffice, general PUD C PUD‐TO P PUD‐TO COffice, medicalPUD‐TO P PUD‐TO CPersonal or business service, principal useN‐PUD (7)PP (6)Personal or business service, up to 3,000 SF GFA per any one principal structureN‐PUDPCPet GroomingPPhotocopy & printing shops with accessory retailN‐PUDPrivate providers of public services, including vehicle storage and maintenanceRecreation facility, indoor N‐PUD C C C C CP (6)Recreation facility, outdoor N‐PUD C C C CResearch facility or laboratory PUDRestaurant, short order N‐PUD CRestaurant, standard N‐PUD C CRetail sales up to 3,000 SF GFA within any one principal structureN‐PUD (7)P (7)C (6)Retail food estab. <5,000 SF GFAN‐PUDPCSeasonal Mobile Food UnitPService station w/convenience storeCSouth Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Residential/Institutional 3RESIDENTIAL & INSTITUTIONAL DISTRICTSIA(1) PR MU R1 R2 R4 R7 R7‐NC(2)R12 LN QCP SEQ‐NRPSEQ‐NRTSEQ‐NR SEQ‐VR SEQ‐VC(2)Institutional Residential Southeast QuadrantWaste transfer stations CSouth Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Non‐Residential 1City Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDResidential UsesSingle‐family dwelling PUD P P PTwo‐family dwelling PUD P PMulti‐family dwelling PUD PUD PUD PUD PUD PUD PUDAccessory residential unitsGroup home or Residential Care HomePUD P P PAgricultural UsesHorticulture & forestry with on‐premise salesHorticulture & forestry, no on‐premise salesKeeping of livestock on 10 acres or moreSingle‐family dwelling related to agriculture P PAdditional dwellings for farm employees P PPublic & Quasi‐Public UsesCemeteriesPersonal instruction facility P P P P P P P P P P PPlace of worship P P P P P P P P P‐ACCRecreation pathsSkilled nursing facility C C CCC CSocial services C C C C C C CCommercial & Industrial UsesAdult useAgriculture & construction equipment sales, service & rentalPPAirport UsesPPAnimal shelter C C PArtist production studio P P P P PAuto & motorcycle sales P P PAuto & motorcycle service & repair P P PPlease see Section 3.10 for regulationsPermitted in all districtsConditional in all districtsPermitted in all districts; 3 acre minimum lot size in all districts.Permitted in all districtsAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialSouth Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Non‐Residential 2City Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialAuto rental, with private accessory car wash & fuelingPPPPPBed & breakfastCCCannabis dispensary (dispensing only) P P P P P P P‐TOCannabis dispensary (cultivation only) P PCar washPChild care facility, licensed non‐residential P P P P P P P P P PCommercial greenhousePUD P PCommercial kennel, veterinary hospital and pet day careCC P PPPCommercial or public parking facility C C C C C C C C CContractor or building trade facilityPPP PConvenience store <3,000 SF within principal structurePPPPPPPPUDPPPPConvenience store, principal usePPDistribution and related storage, with >15% of GFA in office or other principal permitted use by same tenantCPPPDrive‐through bank PUD PUD PUD PUD PUDEquipment service, repair & rentalPPFamily child care home, registered or licensed P P P PFinancial institution P P P P P ACC P PFlight instruction P P PGeneral merchandise storePUDPUDHotel PUD PUD PUD C C C CHotel, extended stay PUD PUD C C C CIndoor theater P PIndoor vehicle storage, maximum 10,000 square feetP‐ACCJunk yardLight manufacturing PUD PUD P P P PSee Article 8South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Non‐Residential 3City Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialLumber and contractor’s yardPP PManufacturing & assembly from previously prepared materials & componentsPPPPP PUDPP PPMobile home, RV and boat sales, repair & service P PMotor freight terminalCPOffice, general P P P P P P P PUD P P POffice, medical P P P P P P P PUD‐TO P P‐TOPersonal or business service, principal usePPPPP(6)(7)PPP (7)PPPersonal or business service, up to 3,000 SF GFA per any one principal structurePPPPPPPP‐ACCPPPet grooming P P P P P P P P PPhotocopy & printing shops, with accessory retail P P P P P P P P‐ACC P PPrinting & binding production facilities C P P P PPrivate providers of public services, including vehicle storage and maintenancePP P PProcessing and storage P P P P P PRadio & television studio P P P C P P PRecreation facility, indoor P P P P P P P P‐ACC P PRecreation facility, outdoor C C C C C C C C CResearch facility or laboratory P P P P P P P P P P PRestaurant, short order P P P P P P‐ACC P‐ACC P‐ACC P P‐ACC P‐ACCRestaurant, standard P P P P P P P P P‐ACCRetail sales up to 3,000 SF GFA within any one principal structurePPPPPPPP‐ACCPP‐ACCPPRetail sales P (8)P PP(8)P (6)(7)P (6)(7)P (6)(7)P (7) P (9)P(8)P‐ACCRetail food establishment <5,000 SF GFAPPPPPPPPPP‐ACCSouth Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Non‐Residential 4City Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐IndustrialRetail food establishment >5,000 SF GFA and supermarketsPPPRetail warehouse outletPPSale, rental & repair of aircraft & related partsPPSeasonal Mobile Food Unit P P P P P P P P PSelf‐storageP ACC, P‐Non‐TOService station with convenience storeCCShopping center C CTaverns, night clubs & private clubs P P P P P P P PTransportation servicesPPWarehousing & distribution C C P PWholesale establishments C C P P PKey and Notes to the Table above:(1) For all IA District Uses please refer to Section 7.01, Institutional and Agricultural District. "N" refers to the Institutional‐Agricultural North sub‐district.(2) R7 and SEQ‐VC as classified as non‐residential zoning districts, but are included in this table for purposes of efficiency(3) No minimum lot size for bed & breakfast in the SEQ‐VC district(4) Includes C1‐R12 and C1‐R15(5) Educational support facilities in C1 are subject to the dimensional standards of the IA‐North District. See Article 7.(6) Principal permitted retail uses are limited to 5,000 SF GFANon‐TO = Allowable only outside of the Transit Overlay DistrictP = PermittedC = Conditional UsePUD = Allowable within a Planned Unit DevelopmentACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay District(6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(7)(4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existings as of July 1, 2013, may be expanded, South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 APPENDIX C USES and DIMENSIONAL STANDARDS C‐Non‐Residential 5City Center FBC DistrictNON‐RESIDENTIAL ZONING DISTRICTSC1 R12 C1 R15 C1‐AUTOC1‐AIR C1‐LR AR SW IO C2 IC AIR AIR‐INDAirportCommercial 1 Other Commercial Heavy Commercial‐Industrial(7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.(9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another.South Burlington Land Development Regulations DRAFT Approved by the Planning Commission April 26, 2016 £¤2 £¤7 §¨¦189 §¨¦89 §¨¦89 ¬«116 ¬«11 6 Burlington International Airport HINESBURGRD. -NORTH DORSETPARK SPEAR ST.- OVERLOOKPARK DORSETPARK SPEAR ST.- OVERLOOKPARK SPEAR ST.- OVERLOOKPARK DORSETPARK NOT A VPZ SPEAR ST.- RIDGE DORSETPARKDORSETPARK HINESBURGRD. -SOUTH Overlay Districts ¹ Disclaimer: The accuracy of information presented is determined by its sources. Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors. This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies. Map updated by M. Brumberg using ArcGIS 10.3. All data is in State Plane Coordinate System, NAD 1983. 0 2,000 4,0001,000 Feet Effective April 11, 2016 P:\Planning&Zoning\Planning\OverlayMap\2016\OverlayDistricts_11x17_2016.mxd South Burlington, Vermont Legend Traffic Major Intersections - Zone 1 High Volume Roadway Segments - Zones 2A, 2B, 2C Balance of Restricted Roads - Zone 3 Flood Plain Overlay District Zone A - 100-year Flood Plain View Protection Zones Dorset Park Hinesburg Road - North Hinesburg Road - South Spear Street - Overlook Park Spear Street - Ridge Other Overlay Districts & Features Transit Route Transit Overlay District Airport Approach Corridors Intermittent Stream Perennial Stream Waterbody Tax Parcel Boundaries Roads Correct legend from previous version Remove mapshowingStormwater overlay district as thisdistrict wasremoved from the text in the version adopted 3/21/2016and replaced with city-wide stormwaterstandards DRAFT for Planning Commission Public Hearing April 26, 2016 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Approved April 26, 2016 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, April 26, 2016, at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District D. Updated definitions and technical corrections throughout Following the public hearing, the Planning Commission approved the submittal of the amendments and this report to the City Council. Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 2 (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; Brief explanation of the proposed bylaw The proposed amendment would allow for a minor proportion of a parking area to be located to the front of a light-industrial, warehouse & distribution or similar building in the Mixed Industrial- Commercial and Industrial-Open Space Districts. To mitigate the effects of having parking in front of the building, certain additional site design standards would be required, including screening of parking, direct pedestrian access, and enhanced quality of “open space” in the vicinity to provide for useable areas for pedestrians. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are located within the “Northeast Quadrant” Planning Area and the “Medium to Higher Intensity, Principally Non-Residential” Future Land Use District. Future Land Use for the Northwest Quadrant is described in part, as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City…” Comprehensive Plan p. 3-22 The Future Land Use District, further, is described as follows: “Medium to Higher Intensity, Principally Non-Residential. Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. 3 The proposed change is consistent with the above descriptions. The proposed amendments will not affect the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not have a direct impact on any planned community facilities. The City does plan to have additional roadways & bicycle/pedestrian facilities in the area. Safe access from properties by pedestrian to these planned facilities is maintained through requirements for direct, separated pedestrian links from buildings to the street. B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability Brief explanation of the proposed bylaw These amendments would include two parts: (1) a merger of similar land use categories, and (2) establishing a coordinated set of standards for the size and scale of retail sales uses across all zoning districts that allow them. Specifically, the proposed amendments would consolidate “retail sales”, “convenience store”, “retail food establishment”, and “general merchandise store” into “retail sales”, with an updated definition. In addition, the amendments would further clarify the distinction between “retail sales” and “wholesale establishment” by including a new term, “wholesale club” and stating that it is considered “retail sales” and not “wholesale establishment.” The draft amendments then establish a maximum size (gross floor area) to “retail sales” in some zoning districts that allows for the use, consistent with the purpose of that district and the Comprehensive Plan. The amended Regulations would create five size categories – two small, one medium, one medium-large, and one large. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The Comprehensive Plan contains a clear Vision & Goals Statement. It includes four principal goals. The fourth goal is excerpted below. “Here and Into the Future, South Burlington is … Opportunity Oriented. Being a supportive and engaged member of the larger regional and statewide community. • Prioritize development that occurs within the community into the higher intensity areas identified within this Plan; 4 • Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products.” P. 1-1. The Comprehensive Plan divides the City into five (5) Planning Areas and five Future Land Use Categories. They are: Planning Areas: • Central District, including City Center and surrounding areas; • Northwest Quadrant, including areas west of the Airport and north of I-89, exclusive of the Central District; • Northeast Quadrant, including the Burlington International Airport and areas north of I- 89; • Southwest Quadrant, including the Shelburne Road corridor; • Southeast Quadrant, including areas south of 1-89 and east of Spear Street. Future Land Use Categories: • Very low intensity, principally open space. • Lower intensity, principally residential. • Medium intensity, residential to mixed use. • Medium to higher intensity, principally non-residential. • Medium to higher intensity, mixed use. These Areas and Categories work together to define the future development intent of the different locations within the City. The Future Land Use Categories provide the description of the mix of uses and relative overall intensity anticipated while the Planning Areas provide the context of the surroundings, geographies, resources, and infrastructure. The proposed amendments are consistent with the intent and goals of the Comprehensive Plan and with the purposes of the specific zoning districts in which they are located. Smaller size retail are continued in areas intended for smaller-scale development, or where the focus is on industrial or institutional uses. These limits are in place in most cases already and are made more consistent. They are typically found where Planning Areas such as the Southeast and Northwest Quadrants contain Medium and Medium-to-Higher Intensity Future Land Use Categories. They also includes the Industrial-Open Space zoning district, which has long limited retail uses. Zoning districts in this category include the SEQ-VC, R7-NC, C1-LR, Allen Road, Swift Street, IA-North, and I/O. Medium-scale retail is permitted in areas where the Plan’s focus is on employment centers, with some allowance for retail. These are largely areas in the Northeast Quadrant that are also designated for medium to higher intensity principally non-residential or mixed use. Zoning districts in this category include the Mixed Industrial-Commercial District, the C1-Air District, and the C1-R12 District. 5 Future Land Use for the Northwest Quadrant is described as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City. In addition, future redevelopment should make use of improved transit services. Future development, especially in the Tilley Drive/Kimball Ave/Williston Road/Community Drive area should maximize efficiency of land use and support multi- modal transportation. This area should have clear, efficient access to City Center as part of an integrated, urbanized high activity, pedestrian and transit friendly east-west corridor. In 2014, the University of Vermont Medical Center began exploration of installing a consolidated outpatient facility in this area.” Comprehensive Plan p. 3-22 The majority of the area is contained within the Medium to Higher Intensity, Principally Non- Residential Future Land Use Category. It is described as follows: “Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. This area also contains two residential zoning districts within the larger Mixed Industrial- Commercial district. The Comprehensive addresses these areas as follows: “Adjacent Residential Areas. The Northeast Quadrant comes into contact with residential neighborhoods in a handful of key places, notably to the west and northeast of the Burlington International Airport, and with the handful of residential pockets within the Quadrant itself. Sufficient transition tools – in the form of lower intensity uses, buffering, or screening – should be provided to foster the continued compatibility of these areas. The same holds for undeveloped areas to the east of Old Farm Road.” Comprehensive Plan p. 3-24 Medium-large retail is proposed to be allowed in the Commercial-2 District. This area is located within the Southwest Quadrant Planning Area and the Medium to Higher Intensity-Mixed Use Future Land Use Category. It is distinct from the more northern portion of these same districts along Shelburne Road in part because it is located further from the Interstate and population centers in South Burlington and Burlington. 6 The Medium to Higher Intensity, Mixed Use Future Land Use Category is described as follows: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.: Comprehensive Plan 3-7. Future Land Use for the Southwest Quadrant includes the following statement: “South of IDX Drive, the Shelburne Road corridor becomes predominately commercial on both sides, with collector streets leading to residential neighborhoods. These areas should be encouraged for infill development and redevelopment, with a continued focus on business opportunities.” Comprehensive Plan p. 3-27 Larger retail, with no explicit limitation on size, remain permitted in several districts. Those include the Commercial 1-Residential 15, Commercial 1-Residential 12 and each of the Form Based Codes districts. The Airport & Institutional- North Districts also permit retail in the context of their overall intent. The FBC Districts and Commercial 1 Districts are located in the following Future Land Use Category: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” Comprehensive Plan 3-7. The City Center Form Based Codes Zoning District is largely contained with the Central District as identified in the Comprehensive Plan. In this area, size of uses are not limited; instead, development is managed by the form of the buildings. The Future Land Use Plan for this area includes the following Statement: “The intent for this entire area – developed and undeveloped – is to create an environment that has all of the elements, functions, programing and features to become South Burlington’s principal downtown area.” Comprehensive Plan P. 3-10. 7 The C1-R15 District is located in the Southwest Future Land Use Planning Areas along key sections of major corridors that contain good access to transportation. “The north end of the corridor in South Burlington has seen the most significant redevelopment to date and now includes several newer multi-family buildings amongst commercial areas. Future redevelopment in this area should be consistent with the pattern established by this development and by the single and two-family home neighborhood behind parts of it. South of I-189, the east side of the road includes the well established Orchards neighborhood as well as a series of relatively small commercial lots fronting on Shelburne Road. Continued reuse and redevelopment of these commercial areas should enhance pedestrian connectivity to residential areas while at the same time protecting them from encroachment. The west side of the road includes significantly larger lots and some existing multi-family housing. Mixed use development and redevelopment is encouraged in this area.” Comprehensive Plan pp. 3-26 to 3-27 Where lots are described as being smaller in the above sections, the depth of the zoning district itself will place limitations on the size of certain uses. Based on the analysis above, the proposed amendments are consistent with the above descriptions. The proposed amendments will not have effect on the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. The proposed amendments would not have a significant impact on planned community facilities. The application of scale of uses in these areas is consistent with existing and planned transportation infrastructure in the areas, with more intense users generally permitted in areas with greater transportation access. C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District Brief explanation of the proposed bylaw This amendment would permit small-scale personal instruction studios and indoor recreation in the SEQ-VC District. This district is located in two places: along a portion of Dorset Street towards the south end of the City and along a small section of Hinesburg Road south of I-89. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. See discussion above. This zoning district is located within the Southeast Quadrant Planning Area and the Medium-to-Higher Intensity – Mixed Use Future Land Use Category. 8 The purpose of this district is to promote village-scale mixed use development, including retail, housing, office space, and ancillary services. The allowance of these two use categories is consistent with this intent, allowing for neighborhood-scale services such as gyms, dance studios, etc. in these areas. The proposed amendment will have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. D. Updated definitions and technical corrections throughout Brief explanation of the proposed bylaw These amendments include a number of minor corrections to the current Land Development Regulations, including establishing a definition for the term “rear building line”, several typos, and a map correction to remove an overlay district that had previously been eliminated in the text and correct the legend. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities, and have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities.