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Minutes - Planning Commission - 06/24/2014
SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 24 JUNE 2014 The South Burlington Planning Commission held a regular meeting on Tuesday, 24 June 2014, at 7:00 p.m., in the Conference Room, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Harrington, B. Benton, S. Quest, T. Riehle, B. Gagnon, G. Calcagni ALSO PRESENT: C. LaRose, Planner; J. Rabidoux, Director of Public Works; M. Simoneau, G. Benoit, L. Michaels, S. Dooley, R. Greco, E. Farrell, J. Simson 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. LaRose advised that the Form Based Code Committee will meet on Thursday at noon. 4. Discuss of Vermont Agency of Transportation 2014 Bicycle and Pedestrian Program Application to Apply for a Grant to build a new sidewalk on Hinesburg Road to extend the existing sidewalk along Hinesburg Road from its southern terminus south of Kennedy Drive 800 feet south to the Tilley Drive intersection: Mr. Rabidoux advised that a few years ago the city submitted a grant for a sidewalk to fill in the 800 foot sidewalk gap on Hinesburg Road up to the Tilley Drive complex. They received a partial award and are now applying to the Agency of Transportation Bicycle and Pedestrian program for the balance to construct the sidewalk. This is particularly important in light of the Medical Center’s new plans in the area. The application is due at the end of this week. Ms. Quest asked if the project will include a cross-walk. Mr. Rabidoux said the application does not include a cross-walk. He felt further development will result in a traffic signal and cross-walk in the future. Mr. Michaels asked how this would affect the other side of Hinesburg Road. Mr. Rabidoux said it would have no impact at all. As development continues on Hinesburg Road, there will probably be a need for a sidewalk on that side as well. Mr. Michaels said he supported a sidewalk/bike path on the other side as well and offered whatever help O’Brien Brother could provide by endorsing the application. Ms. Harrington then moved that the Planning Commission support the proposal to the Agency of Transportation 2013 Bicycle and Pedestrian Program as presented. Ms. Quest seconded. Motion passed unanimously. 5. Technical Presentation of the Airport Parkway Wastewater Treatment Facility Capacity and City Center Wastewater: [Click here for Wastewater Map] Mr. Rabidoux reviewed the history and noted that the Airport Parkway Facility is the plant for the growth area of the city. It is a 3,300,000 gpd plant of which South Burlington owns 2,300,000 gpd. The remainder is owned by the Town of Colchester which also bears a share of the debt load for the facility. Of the city’s 2,300,000 gpd, the city uses about 1,700,000 today. In wetter months, that number goes up due to inflow and infiltration. Mr. Rabidoux noted that he and Paul Conner set out to see to what extent the remaining 600,000 gpd of capacity is a deterrent to growth in the city until the federal debt is paid off. They put together an estimate of what demand projected growth would put on the plant. Mr. Rabidoux stressed that Colchester doesn’t use a majority of its allotment, so the plant is not in jeopardy of reaching the point where the state would require planning for expansion. The thought is that in 20 years, if growth continues as anticipated, there will be demand on the 2,300,000 gpd. The numbers used to determine this are not of a full buildout by any means. Mr. Rabidoux said there is no indication that Colchester will want more than what they have contracted for now. Ms. Benton said she thought the growth estimate was too low. Ms. Greco said the concern of the consultant to the Sustainable Agriculture Committee was that the allotment would be used up when City Center was ready to be built and therefore it wouldn’t be able to be built. Mr. Rabidoux noted that getting permitting for additional sewer capacity in the Lake Champlain watershed will be difficult, and money might not be the biggest issue. He added that there is an argument for a higher capacity without physically expanding. Mr. Michaels said there is a question of whether City Center should hold the rest of the city hostage for 17 years. He felt if ground hasn’t been broken in 5 years, the amount being held for City Center should be reconsidered. Mr. Gagnon asked if an I & I study is being done. Mr. Rabidoux said they are considering looking into that. 6. Updated red-line draft of amendments to the Land Development Regulations: a. Review latest draft of amendments, including City Center Form Based Codes, Street Types, City Center Inclusionary Zoning, Stormwater Low Impact Development Standards, and other amendments recently discussed by the Commission: Members reviewed the list of “bullets,” including: 1. Drive-thru’s: (not now allowed in City Center) – This amendment would allow them with some very strict qualifications, including a queuing study. Ms. Dooley said she thought the aim was to get people walking. Mr. Gagnon said he wouldn’t automatically eliminate them and cited people with disabilities or with small children in cars during bad weather. Ms. Dopp felt there was no sense introducing them in City Center because of the land they take up and because of cars idling. Mr. Michaels noted that people leave cars idling and walk into establishments during winter. Ms. Louisos noted that with banks, drive-thru’s were a security issue protecting people walking in and out with money. Ms. LaRose noted that in Montreal, drive-thru’s use a lot less land because they are not the “main feature.” Members were OK with the language as drafted. 2. Second Story Definitions: Ms. LaRose said this section makes it clear what is a second story and how much of it is needed. Members were OK with the language as drafted. 3. Corner Lot: Ms. LaRose said they tried to add language for what to do if you can’t meet the standard. Members were OK with the language as drafted. 4. Inclusionary Zoning Members then considered Tim McKenzie’s comments regarding inclusionary zoning. He feels the best way to get affordable housing is the have more housing. He added that if inclusionary zoning does get passed, it should be as clear as possible. Mr. Simson noted that when the committee submitted the language, they also included a preamble justifying the need for affordable housing and stating that City Center was an appropriate place for it. It also pointed out that the cost of reducing costs for developer would be further reduced by city investment at a more-than-usual level. He also pointed out that the term “affordable housing” can be interpreted in many ways. The committee meant it to refer to “middle income” (80%) housing. Mr. Michaels said you have to trust the process. If the city couldn’t do the infrastructure, and the private developers did it, there wouldn’t be inclusionary zoning. Mr. Simoneau said another scenario could be: if you went in on Garden Street soon and there isn’t much in the way of city investment in infrastructure, would you be subject to inclusionary zoning? He stressed the need for a “win‐win” situation with all stakeholders at the table. Mr. Gagnon said the Commission will have to codify something, so there will have to be a level of trust. Mr. Michaels suggested having the City Attorney try to create language that works for everyone. Ms. Louisos noted the city is moving forward (e.g., the TIF, etc.), so this may all be moot. Ms. LaRose reminded the Commission that the entire document will be reviewed by the City Attorney once the Planning Commission votes to approve it. 5. Definitions: Ms. LaRose said the aim was to be as concise as possible. Members were OK with the language as presented. 6. Administrative Review: Ms. LaRose said there is a 30-day review period under state law. Sometimes, a review can take a lot of time (e.g., having to review a sewer line, etc.). This section was revised to require a complete check-off from Public Works, Fire, etc. before the review period clock starts. Members were OK with the language as presented. 7. Street Types: Ms. LaRose noted this section is not yet complete. The Commission could send the section to the public with comments. Mr. Gagnon said this is OK because it is preliminary public comment. Members agreed. b. Possible Action to Issue the Draft for Public Comment (recommend comment period of 25 June to 4 August): Mr. Gagnon moved that the Planning Commission issue the draft amendments as presented at this meeting for public comment from 25 June to 4 August 2014. Ms. Benton seconded. Motion passed unanimously. 7. Other Business: a. Town of Colchester Draft Zoning Amendments: Ms. Louisos said member comments could be made at the next meeting. b. Public Hearing Draft, FY15-24 Capital Improvement Plan: Ms. Louisos noted the Commission has already made comments on this. c. Review Upcoming Meeting Schedule: Ms. Louisos noted that upcoming items include wastewater capacity and the future land use map. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:25 p.m. ,Clerk Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Justin Rabidoux, Director of Public Works SUBJECT: City Center Wastewater Allocation Reserve Ordinance DATE: February 3, 2014 City Council meeting Council asked staff to provide a review of the city’s current “reserve” of wastewater capacity for the City Center area in relation to anticipated future demand for the capacity. Below please find a brief summary of the existing “reserve”, anticipated future demand in the City Center and beyond, and possible options for the Council. Wastewater Allocation in general The City owns and operates two wastewater treatment facilities. The Airport Parkway facility essentially serves all areas east of Spear Street, while the Bartlett Bay facility serves the Shelburne Road corridor and limited areas along Spear Street in the Southeast Quadrant. Both facilities have additional capacity at this time. New development and changes to existing buildings are reviewed in accordance with State regulations regarding average usage. Existing “Reserve” Capacity The City regulates the provision of additional wastewater usage (“wastewater allocation”) through the “Ordinance Regulating the Use of Public and Private Sanitary Sewage and Stormwater Systems”, last revised in 2005. The Ordinance includes a “City Center Uncommitted Reserve Capacity” which set aside 50,000 gallons per day (as of the date of adoption) for the exclusive future use within the City Center Sewer Service Area (see attached map). Available capacity and, future projections for Airport Parkway facility The figures below highlight current capacity and potential 20-year demand within the Airport Parkway Service Area based on the TIF applicable and very rough estimates outside of that area. In brief: Total available capacity 591,000 GPD Est. demand in the City Center FBC area 470,000 GPD Est. demand outside City Center FBC area 350,000 GPD Shortfall for Total Demand 229,000 GPD 2 Options for Future Wastewater Capacity Reserve: Council may consider several options regarding future allocation of wastewater capacity. These include: • Keep existing reserve of 50,000 GPD and have the rest be first-come first serve • Amend the Ordinance to increase the reserve or otherwise prioritize in City-Center area o Could reserve within existing Sewer Reserve District, full TIF area, or full CC FBC area o Could reserve some or all of potential demand for the selected area • Explore alternatives to expand total capacity Staff will be present at the meeting to respond to questions and any discussion on the above options. Should the Council wish to explore options / issues outside of the City Center area, staff can review this as well. -------------------------- Detailed Summary Tables 1- SB Available Capacity GPD 4- Outside "CC" Potential 20-yr demand GPD S Burlington Capacity 2,300,000 Preliminarily approved 60,000 - Present Usage 1,709,000 Potential Demand 200k - 400k SB Available Capacity 591,000 Potential Demand outside CC +/- 350,000 2- Unallocated City Center Reserve GPD 5- Total Potential AP Demand GPD Total Reserve 50,000 20-year "City Center"470,000 -Presently Used 10,000 + 20-year "Outside City Center"350,000 Unallocated City Center Res.40,000 Total Potential AP Demand 820,000 3- "City Center" Potential 20-yr demand GPD 6- Surplus/ Shortfall GPD TIF District area 330,000 SB Available Capacity 591,000 FBC area outside TIF 140,000 - Total Potential AP Demand 820,000 20-year "City Center" Demand 470,000 Total Surplus / Shortfall (229,000) ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-1 South Burlington Land Development Regulations DRAFT 6/18/2014 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8.01 Purpose and Policies. 8.02 Applicability and Special Standards. 8.03 All Uses Allowed. 8.04 Review Procedures. 8.05 Open Space Requirements. 8.06 Nonconformities 8.07 City Center T3 and T3+ Neighborhood BES. 8.08 Urban Multi-Use T4 BES 8.09 City Center T5 BES 8.08 Marcotte School Special Subdistrict. 8.09 Definitions. 8.01 Purpose and Policies. A. Purpose. The City Center Form Based Code (FBC) District is a standalone zoning district with boundaries established on the City of South Burlington City Center FBC Map, entitled “SOUTH BURLINGTON, VT – CITY CENTER FBC DISTRICT DEFINED, 11.7.13, 1” = 200’-0” ” (hereinafter the “MAP”), which MAP is incorporated herein by referenceOfficial Zoning Map, and has specific rules and standards set forth below which apply solely in the district. The City Center Form Based Code (FBC) District implements a form based zoning code applicable to the City Center which encourages sustainable retail, commercial and mixed use development of open land, redevelopment of existing mixed use land and preservation and improvement of residential areas through pedestrian and bicycle connectivity. The City Center FBC (this article) is designed to maintain and foster the City Center’s historic structures and encourage new development and infrastructure that incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This code aims to preserve the existing residential fabric while stimulating new mixed use growth that facilitates a safe and economically self-sustaining place to live and work. Future development within the City Center Form Based Code (FBC) District and its Transect Zones should be of a form of built environment that creates and protects development patterns that are compact, pedestrian oriented and mixed use. Available parking will be a mix of parallel and diagonal on-street and screened off- street. Adequate space for walking, interconnectedness of neighborhoods and convenient parking areas will characterize the district so that there will be a mix of uses within walking distance of dwellings and parking. 8.02 Applicability and Special Standards. A. City Center Form Based Code District and Form Based Code. The City Center Form Based Code (FBC) District is allocated among different areas, known as Transect Zones, to reflect the different nature and densities of existing and anticipated development, named T-5, T-4, T-3, T-3+ and T-1 which are shown on the MAPZoning Map, is attached hereto as Appendix ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations DRAFT 6/18/2014 A. Each area is governed by its respective Building Envelope Standards (BES), attached hereto in Appendix B Sections 8.07 – 8.09 hereof, and Street Typology, attached hereto in Article 11Appendix C hereof. The MAPZoning Map, Building Envelope Standards and Street Typology are binding within the City Center Form Based Code (FBC) District and are made a part hereof. (1) The T1 Transect Zone depicts wetland areas on the Official Zoning Map. Stream buffer and wetland areas are shown for illustrative purposes only. Depicted stream buffer and wetland boundaries are approximate. The diagram should not be construed as showing all stream buffers and wetland areas, nor the precise locations of such stream buffers and wetland areas. Wetland and stream buffer delineation for permitting purposes must be determined in accordance with Article 10 and 12 of the South Burlington Land Development Regulations, as applicable. B. General Requirements. In addition to the standards set forth in the Building Envelope Standards and the Street Typology, the following standards shall apply in the City Form Based Code (FBC) District: (1) (1) Blocks, Block Length and Block Size. The maximum perimeter of any block shall be determined by BES. (a) Pedestrian passages leading from the street to the middle of the block shall be provided at intervals no greater than 200 ft. (b) Individual block lengths within the applicable Building Envelope Standards may be exceeded at the applicant’s discretion. However, in such a case, a public lane, mew, or path as defined within the Street Typologies shall be established, creating a mid-block connection to the adjacent public street, and offered for dedication to the City. (i) Where the applicant’s property does not abut the adjacent public street, the path shall be established to the property line. (c) Block perimeters shall not be exceeded except under the following circumstances: (i) The DRB finds that a Class II wetland, surface waters to include the Muddy Brook, main stem of Potash Brook, Winooski River, Centennial Brook, and Lake Champlain, slopes exceeding 30% grade for a distance of 100 feet or more, publicly owned land such as a park or natural area, land owned by the University of Vermont, or other physical barriers such as Interstate rights-of-way or the Burlington International Airport that should not or cannot be divided in this location. In such an event, the DRB may require a path as defined within the Street Typologies be installed, connecting to adjacent streets and offered for dedication to the City adjacent to the barrier. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-3 South Burlington Land Development Regulations DRAFT 6/18/2014 (2) Alleys. Alleys are encouraged in the City Center Form Based Code (FBC) District to minimize curb cuts and to provide access to parking and service areas behind buildings. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley’s purpose. Alleys may be incorporated into parking lots as drive aisles and fire lanes. (3) Fronts and Backs. The front or side of every building must face the a public street or public realm. Rear facing buildings, loading docks, overhead doors and service entries are prohibited on street facades. A building that fronts (on opposite sides) two streets or a street and the Public Realmopen space it shall be deemed to have two fronts. (4) Corner Radii; Clear zones. Corner curb radii shall be determined by street type and Street Typology. Tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds. To allow for emergency vehicles (e.g., fire trucks) to turn corners, a 25-foot radius Clear Zone shall be established free of all vertical obstructions including but not limited to telephone poles, sign poles, fire hydrants, or electrical boxes, or newspaper boxes. (5) Civic Sites. (a) General. Civic buildings are of special public importance. Civic Sites include, but are not limited to, municipal buildings, churches, libraries, municipal schools, public recreation facilities, places of assembly and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (b) Modification of Standards. In order to provide greater flexibility to create a special architectural statement, Civic Buildings may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to Line, Glazing, Frequency of Entrances, and Percentage of Building Frontage requirements within the Building Envelope Standards for the applicable T-Zone. The Board shall consider the following in makings its determination: (i) Presence of a public design process and formal recommendation from the South Burlington City Council and/or School Board; (ii) Consistency of the design with an adopted municipal or school building design policy; (iii) Consistency of the project with the written purposes of the applicable T-Zone and Comprehensive Plan; and, (iv) Advancement, where appropriate, of the project with design elements specifically encouraged within the applicable T-Zone. Comment [PC1]: Redundant to B(6)(d) ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-4 South Burlington Land Development Regulations DRAFT 6/18/2014 (c) Exemptions. Expansions or modification to existing municipal school buildings shall be exempt from the build-to line, glazing, frequency of entrances, minimum story requirements, and percentage of building frontage requirements within the building envelope standards for the applicable T-Zone. (d) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards within the applicable T-Zone except as apply to any non-civic buildings. civic buildings are not subject to Build-to Line requirements or Building Frontage requirements. The design of civic buildings shall be subject to review and approval by Design Review Board.) (6) Places of Worship. (a) General, and Modification of Standards. Places of worship are of special public importance. In order to provide greater flexibility to create a special architectural statement, Places of Worship may be approved with modification of certain standards listed below. Any such review and any subsequent review shall be made by the Development Review Board following an application. In considering an application, the Board shall have the authority to modify or waive Build-to Line, Glazing, Frequency of Entrances, and Percentage of Building Frontage requirements within the Building Envelope Standards for the applicable T-Zone. The Board shall consider the following in makings its determination: (i) Consistency of the project with the written purposes of the applicable T- Zone and Comprehensive Plan; and, (ii) Advancement, where appropriate, of the project with specific design elements encouraged within the applicable T-Zone. (b) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope Standards within the applicable T-Zone except as apply to any non- civic buildings. (7) Parking. (a) On Street Parking. The selection of diagonal or parallel parking along any section of road shall be determined by Street Type and Street Typology and consultation with the Public Works Director. (b) Off Street Surface Parking Lot Placement. Off-street surface parking lots shall be set back a minimum of 25 feet from the property line along all streets. (c) Structured Parking Lot Placement. Parking structures shall be set back a minimum of 25 feet from the property lines of all adjacent streets to reserve room for ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-5 South Burlington Land Development Regulations DRAFT 6/18/2014 Liner Buildings between parking structure and the lot frontage or shall have a non- residential use for a depth of 25’ at all frontages. If Liner Building used the Liner Building shall be no less than two stories. in height. Liner Buildings may be detached from or attached to parking structures. D. Location of Parking Areas and Structures (1) Multi-level parking garages and decks may be constructed within an allowable building envelope, and/or outside of an allowable building envelope if located in the center of a block. (2) Surface parking may be provided within the allowable building envelope if it is located behind a building and is hidden from view from the public street. (3) The Development Review Board may approve surface parking which is within the allowable building envelope 25-foot setback and which is not hidden from view from the public street by a building, provided: (i) the subject parking represents the smallest practicable portion of the total parking required for the property;, (i) the area encompassed by the subject surface parking represents a significantly minor portion of the total allowable building envelope area existing on the property;, (iii) the applicant has sought parking waivers from the DRB to reduce the amount of surface parking required;, and, (iv) the overall site design of the property is found to be in conformance with the intent and purpose of the Central DistrictCity Center Form Based Code District. (d) Access to Off Street Parking. Alleys shall be the primary source of access to off- street parking. Parking along alleys may be head-in, diagonal, or parallel. Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access between parking adjacent lots and across property lines is is required, as stipulated in 14.07A and 13.01F of these Regulations.also encouraged. Corner lots that have both rear and side access shall access parking through the rearfrom the street having the lower average daily volume of traffic from the secondary street (see e diagram below). Comment [PC2]: This section pulled from existing LDRs per FBC Committee vote, then modified to fit. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-6 South Burlington Land Development Regulations DRAFT 6/18/2014 (78) Drive Throughs. Drive-through service windows are permitted in the rearback of the building, in mid-block and alley -accessed locations provided they comply with all of the following standards: (a) Queuing for drive-throughs shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; and, (b) For mid-block lots, drive through service windows shall face the rear lot line; (c) For corner lots, drive through service windows shall be hidden by the building on all public streets (see diagram below) do not substantially disrupt pedestrian activity or surrounding uses. (db) Drive Throughs shall conform to all applicable BES and shall not be exempt from the any two (2) required minimum story level requirementstandard. (e) Applications for a drive-through facility shall submit a mandatory technical review by a traffic consultant to determine adequate stacking lane length. (89) Filling Service Stations/Mini-marts. Filling Service Stations/Mini-marts are permitted (except within 300 feet of civic sites) in the rear, in mid-block and alley -accessed locations provided comply with the all of following standards: (a) No service station shall be located within 300 linear feet of a civic site; Comment [pz3]: 6/3 added for clarity Comment [CL4]: Also required in Commercial districts; copied in part here to address adequate stacking length for drive-through facilities. This will also aid Administrative Officer in assessing compliance with pedestrian interference, noted in (a) above. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-7 South Burlington Land Development Regulations DRAFT 6/18/2014 (b) Queuing for service stations shall not interfere with pedestrian access between the intended pedestrian entrance to the building and any off-street parking for the building or public street sidewalk access to the building; (b)they do not substantially disrupt pedestrian activity or surrounding uses. Fuel pumps, and fueling canopies and commercial electric car charging stations shall be located behind the structure; and, (c) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall face the rear lot line; (d) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be hidden by the building on all public streets (see diagram below) (ed) Filling Service stations shall conform to all applicable BES and shall not be exempt from the any two (2) level required minimum story requirementstandard. (9) Accessory Structures. Accessory Structures are permitted and may contain parking, accessory dwelling units, home occupation uses, storage space, and trash receptacles. Home occupation shall not include noxious or disruptive functions, and may shall not disrupt parking for neighboring residents. Accessory structures shall not exceed two (2) stories in height. (10) DisallowedProhibited Materials. The following is a list of materials that are strictly forbidden as exterior finish materials, on all sides facing a public street, public Rights-of- WayOW, or pedestrian passages or public civic space, in all City Center districts and apply to all BES: • All types and form of vinyl siding or vinyl finishing products. • External Insulation and Finish System (EIFS) • Stucco • Plywood (excluding Marine Grade plywood) • Chain-link fence • T1-11 • Concrete block, cinder block • Tar paper • Tyvek or equivalent- (11) Corner lots, BES applicability. Any building proposed on a corner lot (existing, planned, or proposed) shall be subject to the following requirements: (a) BES façade standards shall apply along all existing, planned, or proposed streets, except as described below: (i) A building façade adjacent an alley or mew shall not be subject to the BES façade standards; Comment [pz5]: 6/3 added for clarity Comment [pz6]: 6/3 removed these words as they were redundant ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-8 South Burlington Land Development Regulations DRAFT 6/18/2014 (ii) A building façade adjacent any street type other than an alley or mew shall be subject to the BES façade standards but frequency of pubic, operable entrances may may be 1.5 timesrelaxed by up to 50% of the standard listed for the applicable BES, except for required stories, for the secondary street only; (iii) If a corner lot is 95100’ or less in width along a primary street and greater than two (2) times that width in depth, the required percentage of building frontage on BES may be reduced by 50% on the secondary street.; (iv) Upon application to the Development Review Board, the Board may approve a reduction in the percentage of building frontage up to 50% of then BES along the secondary street, where it finds that: (I) The plan meets all BES standards for the primary street; (II) The portion of the building along secondary streets meets all BES standards, relaxed by up to 50% for the applicable BES, except building frontage and required stories; and either: • Parking on site does not exceed 1.25 times the minimums for non- residential uses and any maximums for residential uses and any parking areas on the site are fully screened from view at a height of at least six (6) feet by vegetation, or a wall made of stone or brick which complies with building break standards for the applicable BES; OR, • A public open space meeting the following criteria is developed at the applicant’s expense and offered to the City for dedication: o Meets the allowable types and guidelines for open space in the subject transect, per Table 8-2 and Appendix F; o The square footage of this space may not count towards the minimum required open space for the parcel; o Any landscaping of this space shall not meet the minimum landscaping budget for the parcel and shall not be permitted to utilize the flexibility permitted in 8.05 F (2); o Is located between any proposed parking and the public right of way of the secondary street. (12) Primary and Secondary Street determination. Where a lot is located on the corner of two or more streets, the primary street shall be the street with the higher traffic count, except where: (a) The higher count street is an Interstate or Interstate ramp; OR, (b) The street is labelled as a Primary Front on the Official Zoning Map or Official Map; OR, (c) One (1) of the streets is or is planned to be a Destination Street as defined with the Street Typologies, AND; the lot frontage on the Destination Street is at least one hundred (100) feet; OR, Comment [CL7]: Revised for clarity; no change in intent. Comment [CL8]: Added 6/16/14 after PC gave direction to pursue this option. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-9 South Burlington Land Development Regulations DRAFT 6/18/2014 (d) Upon application to the Development Review Board, the Board finds that the application presents a unique circumstance that is in keeping with the purposes of the Transect Zone in which the project is located. (13) Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: (a) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (b) A combination of alley, as defined within the Street Typologies of these Regulations, and a planted buffer not less than eight (8) feet wide landscaped with dense evergreens and with options for other planting and fencing. (14) Required Minimum Stories. Where these Land Development Regulations establish Required Minimum number of stories is established, all stories above the Ground Story up to and including the minimum required stories shall at a minimum: (a) Contain a floor area of to at least 75% of the building footprint for buildings with a building footprint of less than 60,000 square feet or 50% of the building footprint for building with a buildings footprint of 60,000 square feet or more; and, (b) Be located above the building frontage for at least 75% of said building frontage on all sides requiring frontage. (15) Conceal rooftop devices. In the T4 and T5 districts, rooftop mechanical equipment and appurtenances to be used in the operation or maintenance of a structure shall be arranged so as to minimize visibility from any point at or below the roof level of the subject structure. Such features, in excess of one foot in height, shall be enclosed by outer building walls or parapets, grouped and screened, or designed in themselves so that they are balanced and integrated with respect to the design and materials of the building. C. Limited Incorporation of Land Development Regulations. Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15 and 17.04 C. and 17.09, and Appendixes B, C and D of the South Burlington Land Development Regulations shall not be applicable in the City Center Form Based Code (FBC) District except the following sections: 3.01 - 3.05, Figures 3.1a & 3.1b, 3.08, 3.09(A), 3.10 (E)., 3.12 & 3.13 8.04 D. 10.01 Article 13 shall apply as indicated within the Article. 13.01 B. through N., 13.04, 13.06 B., G., and I., 13.07, 13.08, 13.11, 13.13 – 13.26 Comment [PC9]: 6/4 Recommended by staff and Paul Dreher to define what is meant when second stories are required. Comment [PC10]: 6/5 Added by staff & Paul Dreher. Language is substantially similar to the existing language within the Central District. Comment [PC11]: Article 4-7 and 9 do not apply to the FBC either way, they discuss other geographic areas of the city. Article 8 is the new FBC district. Article 10 are the overlay districts the PC elected to Keep . Article 11 is proposed to be removed. Appendix B relates to the traffic overlay. Appendix D is for lighting fixtures. Comment [PC12]: 3.06 – this would eliminate the planned ROW. Staff to review alongside Street Types. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-10 South Burlington Land Development Regulations DRAFT 6/18/2014 Article 14 shall apply as indicated within the Article. 14.01, 14.02, 14.03 B., 14.05 – 14.09 (as modified below) Article 15 shall apply as identified within the Article. 15.01, 15.04 A., 15.05 – 15.10 (as modified below), 15.13 – 15.19 In the event of a conflict between the Building Envelope Standards and or Street Typology, on the one hand, and other portions of these South Burlington Land Development Regulations or other City Ordinances, on the other, the Building Envelope Standards and Street Typology shall control. 8.03 All Uses Allowed and Changes of Use. A. General Provisions. All uses shall be allowed except as specified in the applicable Building Envelope Standards and Street Typology, the zoning regulations (As excerpted in Section 18.02 B. above), applicable conditions as part of Site Plan Approval, Subdivision Approval or of a zoning permit, other applicable town ordinances and regulations and by state statute or applicable state regulation. B. Supplemental Requirements. The following uses shall be prohibited in all Transect Zones unless all aspects of the lot and structures comply with the applicable Building Envelope Standards (ie, no aspect of the lot or structures may be non-conforming) : (1) Drive-through establishments (2) Service stations and gasoline pumps including self-service gas stations (3) Amusement arcades (4) Car washes (5) Short-order restaurants with drive-through service. (6) Manufacturing (7) Outdoor storage in connection with any permitted use, except dumpsters which must be reviewed for adequate screening during the development approval process. (8) Contractor's yards (9) Commercial kennels, veterinary hospitals, and pet day care (10) Automobile, mobile home and boat sales, service and rental. (11) Wholesale establishments (12) Storage and warehousing and distribution facilities (13) Taxi companies, storage and auto or truck repair garages (14) Bottle redemption centers Comment [PC13]: 5/27. Removed two items from the list – motor freight terminals (redundant, already prohibited in all CC districts) and “hotels and motels which include only sleeping accommodations and no other amenities…” per brief PC discussion 5/13 Comment [PC14]: 5/27. Altered language to clarify intent of this section. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-11 South Burlington Land Development Regulations DRAFT 6/18/2014 C. Changes of Use. Changes of Use within the Form Based Code shall require site plan review if: (1) Changes are proposed to the Site Plan; or, (2) The change in use will result in an increase in PM Peak Hour Vehicle Trips, as defined within these regulations, of at least 25% for the subject property. Administrative Site Plan Review. The administrative site plan review shall be as set forth in the applicable sections of Article 14 (See above) except that the Development Review Board shall take no part in the review (except upon an appeal by an applicant or interested party as provided in Sections 18.03 and 17.13 of the South Burlington Land Development Regulations). Where tasks, actions and responsibilities are assigned to the Development Review Board in Article 14, such tasks, actions and responsibilities shall be administered by the Administrative Officer. Upon receipt of a complete application for site plan review, the Administrative Officer shall give notice to the adjoining land owners allowing 15 days from mailing of such notices prior to completion of site plan review. As part of the application, the applicant shall submit plans and documentation sufficient to show compliance with the requirements of this City Center Form Based Code, Nonconformities standards (Section 18.07), Open Space Standards, Affordable Housing Standards, Sustainable Agriculture Standards, Public Works requirements and Fire Department requirements, and the requirements of other city ordinances, if applicable, which the Administrative Officer shall review for compliance therewith. The Administrative Officer shall act to approve or disapprove any applications for site plan review within the times required by state law. Upon approval the Administrative Officer shall issue zoning permit(s) pursuant thereto. If the Administrative Officer disapproves an application for site plan review, he shall send notice to the applicant stating the reasons for disapproval in writing. Appeals and Special Requirement Approval. Where an application for site plan approval has been disapproved by the Administrative Officer, the applicant may appeal as provided by state law to the Development Review Board specifying the reasons for the appeal. Likewise, where the Administrative Officer determines that an application can not, because of special circumstances, comply with the applicable Building Envelope Standards, the applicable Street Typology, Nonconformities Standards (Section 18.07), Open Space Standards, Affordable Housing Standards, Sustainable Agriculture Standards, Public Works requirements and Fire Department requirements, and the requirements of other city ordinances, if applicable, or the Administrative Officer determines (for any reason) that additional review is required, or upon the request of the applicant, the Comment [PC15]: 6/3 added for process clarity Comment [PC16]: This section has been moved to Article 14, Site Plan & Conditional Use review. Comment [PC17]: This section has been moved to Article 14 Site Plan & Conditional Use Review ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-12 South Burlington Land Development Regulations DRAFT 6/18/2014 Administrative Officer shall refer the application to the Development Review Board for consideration specifying the reason(s) for the a Special Requirement approval. In the hearing on the appeal, or on the Special Requirement approval referral, the authority of the Development Review Board shall be limited to those reason(s) specified in applicant’s appeal or in the Administrative Officer’s reason(s) for referral. In no event is the Development Review Board allowed to inquire about, or attempt to exercise authority beyond, the reasons set forth in the applicant’s appeal or in the Administrative Officer’s reason(s) for referral. In its consideration on appeal or by referral where the reason for the appeal or referral concerns applicable Building Envelope Standards, the Development Review Board shall be limited in the exercise of its discretion regarding Building Envelope Standards to modification of build-to lines, frequency of door, height and percentage of glazing and shall otherwise enforce the Building Envelope Standards strictly. Likewise, where the reason(s) concern general site constraints, environmental conditions (e.g, wetlands), application of affordable housing or sustainable agriculture standards, or requirements of the public works or fire department or other City ordinances, the Development Review Board review shall be limited strictly to the reason given. In no event shall an appeal or referral be a license to inquire into matters unrelated to the reasons(s) for the appeal or referral. 8.04 SubdivisionReview Procedures. A. Site Plans and other applications. See Article 14, Site Plan. B. Subdivisions. The applicable sections of Article 15 (set forth in Section 18.02) shall only apply to subdivision review and not to PUD review. since Planned Unit Developments are not permitted UD’s are not applicable within the Transect Zones and City Center Form Based Code (FBC) District. C. Development Review Board Review Authority. Nowithstanding other Articles of these Regulations, any authority granted to the Development Review Board under this Article 14 shall remain with the Development Review Board and shall not be delegated to Administrative Review. 8.05 Open Space Requirements A. General Requirements. In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be required in all Transect Zones per Table 8-1: Table 8-1 Open Space Requirements Transect Zone Residential /Non- Residential Parcel Size Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-13 South Burlington Land Development Regulations DRAFT 6/18/2014 T5 Non- Residential All 5% of building gross floor area for all non-residential parcels May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of or contribute to public realm. Less than 10 Units Residential All 100 Square Feet Qualifying Open Space Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. 10-19 Units Residential All 85 Square Feet Qualifying Open Space Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. More than 20 Units Residential All 60 Square Feet Qualifying Open Space Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. T4 Non- Residential <20,000 SF 6% of building gross floor area May locate qualifying open space off-site or purchase credits. Whether on or off site, 75% must be part of or contribute to public realm. Non- Residential >20,000 SF 6% of building gross floor area Qualifying open Space must be included on site. Whether on or off site, 75% must be part of or contribute to public realm. Residential, Less than 10 Units All 100 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site; 50% or more must be common No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site; 50% or more must be common. No public realm requirement for residential component. Residential, More than 20 Units All 60 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site; No public realm requirement for residential ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-14 South Burlington Land Development Regulations DRAFT 6/18/2014 50% or more must be common. component. T3/T3+ Non- Residential 25% of lot shall be pervious surface. Qualifying open Space must be included on site. Whether on or off site, minimum 30% must be part of or contribute to public realm. Residential, Less than 10 Units 25% of lot shall be pervious surface; 100 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site. No public realm requirement for residential component. Residential, 10-19 Units 25% of lot shall be pervious surface; 100 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site; 25% or more must be common. No public realm requirement for residential component. Residential, More than 20 Units 25% of lot shall be pervious surface; 90 Square Feet Qualifying Open Space Per Unit Qualifying open Space must be included on site; 40% or more must be common. No public realm requirement for residential component. (1) Mixed uses. Where a building or lot contains both residential and non-residential uses, the building shall meet the minimum open space requirements for each. Total square footage for non-residential space shall be that which is the sum of the gross floor area less the sum of the square footage of the residential units. B. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. Table 8-2. Qualifying Open Space Transect Zone Allowable Open Space (see Appendix F for standards) T5 Pocket/Mini Park Plaza/Square Outdoor café/restaurant seating (not within the public right of way) Sun Terrace (as restricted in Appendix F) Courtyard Mew Snippet ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-15 South Burlington Land Development Regulations DRAFT 6/18/2014 T4 All Open Space listed as allowable in T5 and; Playgrounds Open air farmer’s market Green (residential and campus style development only) Community gardens Rain Gardens Wooded area (as restricted in Appendix F) Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in Appendix F) T3/T3+ Pocket/Mini Park Courtyard Green- residential with more than 7 units only Private yard space (respecting common space requirement indicated in Table 8- 1) Playground Open air farmer’s market Community gardens Wooded area (as restricted in Appendix F) C. General Open Space Notes (1) In all districts landscaped parking lot dividers and median strips shall not be considered qualifying Open Space. (2) In all districts landscaping immediately adjacent to building shall not be considered Open Space unless deemed by the Administrative Officer or Development Review Board to meet the qualifications of allowable open space per Appendix F. (3) Open Space shall serve multiple functions. (4) Open space that is deemed to be contributing to the Public Realm shall be part of the Public Realm (as defined), directly contiguous with elements of the Public Realm or directly accessible from the Public Realm. D. Locating Open Space Off-Site (1) Open space may be located off site in areas designated in Table 8-1. Designated off- site open space must meet the goals, definitions, and palette included above. Designated off-site open space must be located within City Center boundaries and must be developable land. Designated off-site open space must qualify under the palette of options listed in Table 8-2. Comment [pz18]: Redefined 6/8/14 Comment [pz19]: 6/3 removed for lack of clarity Comment [pz20]: Removed as public realm and related requirements have since been better defined in Definitions and in Table 8-1 ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-16 South Burlington Land Development Regulations DRAFT 6/18/2014 (2) Wetlands and wetland buffers shall not count towards designated off-site open space areas, unless the DRB finds that the wetland is improved and can be used explicitly as a public amenity. If such a finding is made, no more than 50% of open space requirement per lot may be accounted for in this wetland. E. Off-Site Open Space Credits (1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may provide a contribution to a designated City Fund for use in the acquisition and/or capital improvements for Open Space within the City Center District, subject to the following conditions and requirements: (a) In the T5 and T4 Districts, a contribution may be provided in lieu of Open Space for any parcel of less than two (2) acres in size. (b) In the T5 District, a contribution may be provided in lieu of Open Space for any parcel of two (2) acres or more, but such contribution shall not exceed fifty (50) percent of the required Open Space. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: Open Space Percentage Requirement per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Districts. F. Landscaping Requirements (1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that this investment be in trees and shrubs, and on-site. (2) For the City Center Form Based Code District, a portion of the landscaping budget may be used for art, civic hardscapes, or other publically welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 60% Palette includes artistic sculptures (excluding signss), fountains, substantial planters, artistic benches*, and artistic bicycle racks* T4 40% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or Comment [CL21]: Draft added 5/9/2014 based in initial PC guidance in march. Comment [PC22]: Revised. See attached. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-17 South Burlington Land Development Regulations DRAFT 6/18/2014 enhanced soils for community gardens, gazebos for common use, and rain gardens. *credit may be given for the difference by which the proposed amenity exceeds the specified requirement for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable s As defined in the South Burlington Sign Ordinance Credit will not be given for the value of the land under which any of the above are constructed. 8.06 Nonconformities A. Purpose The purpose of this section is to establish regulations and limitations on the continued existence of uses and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are designed to limit investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in this Code. B. Nonconforming Uses (1) Authority to Continue. The lawful use of any building or land existing prior to the effective date South Burlington Land Development Regulations (LDR) or its predecessor may be continued even if such use does not conform to the provisions of South Burlington LDR. (2) Replacement, Refurbishment/improvement, Repair and Maintenance (a) Replacement, refurbishment/improvement repair and maintenance may be performed on any structure that is devoted in whole or in part to a nonconforming use. All necessary building permits are still required. (i) Replacement, refurbishment or improvement greater than 35% of the total areas of “primary front” façade shall comply with the façade standards described in the BES applicable to the district’s designation (excluding build-to line and level/story requirements). (ii) Replacement, refurbishment or improvement greater than 35% of gross square footage shall comply with the façade standards described in the BES, site standards, parking design standards and storm-water standards applicable to the district’s designation (excluding build-to line and level/story requirements). (iii) Replacement, refurbishment, or improvement involving a structural alternation shall comply with the Building Envelope Standards (BES), site standards and parking design standards applicable to the district’s designation described in the Comment [PC23]: Staff and Paul Dreher have proposed this clarification. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-18 South Burlington Land Development Regulations DRAFT 6/18/2014 South Burlington LDR (excluding build-to line --example: frequency of doors, glazing standards, etc.).1 (b) Complete replacement shall comply with all standards within these Regulations (3) Extensions/Expansions (a) A nonconforming use cannot be extended, expanded, enlarged or increased in size, footprint or coverage. (b) No nonconforming use may be extended to displace a conforming use. (4) Change in Use. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. Any nonconforming use may be changed to a conforming use. (a)(g) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. (5) Continuance and Restrictions. (a) Any lawful structure or any lawful use of any structure or land existing at the time of the enactment of these regulations may be continued, although such structure or use does not conform with the provisions of these regulations, provided the conditions in this Section 3.11 are met. (b) A nonconforming use may be continued provided that such structure shall not be enlarged or extended unless the use therein is changed to a conforming use. (c) A nonconforming structure that is devoted to a conforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, with the provision that the degree of nonconformance shall not be increased. (d) A nonconforming structure, or part thereof, shall be maintained, repaired, or restored to a safe condition as required by the Administrative Officer. (e) A nonconforming structure shall not have its degree of nonconformance increased. (f) A nonconforming use shall not be extended or enlarged, nor shall it be extended to displace a conforming use, nor shall it be changed to another nonconforming use, nor shall it, if changed to a conforming use, thereafter be changed back to a nonconforming use. (g) Nothing in these Regulations shall be construed to prevent the owner of a multi- tenant building containing one or more nonconforming uses from utilizing a portion of 1 In 20,000 sq.ft. or larger glazing standards shall be met, the doors may be the appearance of doors and the façade shall either be two stories/levels or the appearance and height of two storieslevels. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-19 South Burlington Land Development Regulations DRAFT 6/18/2014 the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. C. Nonconforming Structures (1) Authority to Continue. Any lawful structure existing prior to the effective date South Burlington LDR or its predecessor may be continued even though the structure does not conform to the provisions of South Burlington LDR. (2) Replacement, Refurbishment/improvement, Repair and Maintenance (a) Replacement, refurbishment/improvement repair and maintenance may be performed on any structure that is devoted in whole or in part to a nonconforming use. All necessary building permits are still required. (i) Replacement, refurbishment or improvement greater than 35% of the total areas of “primary front” façade shall comply with the façade standards described in the BES applicable to the district’s designation (excluding build-to line and level/story requirements). (ii) Replacement, refurbishment or improvement greater than 35% of gross square footage shall comply with the façade standards described in the BES, site standards, parking design standards and storm-water standards applicable to the district’s designation (excluding build-to line and level/story requirements). (iii) Replacement, refurbishment, or improvement involving a structural alternation shall comply with the Building Envelope Standards (BES), site standards and parking design standards applicable to the district’s designation described in the South Burlington LDR (excluding build-to line --example: frequency of doors, glazing standards, etc.).2 (b) Complete replacement shall comply with all standards within these Regulations D. Extensions/Expansions (1) Any nonconforming structure greater than 20,000 gross sq.ft. may be enlarged, maintained or altered; provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure. See attached drawings. (2) Any nonconforming structure 20,000 gross sq.ft to 10,001 sq.ft. may be enlarged, maintained or altered in a manner that increases the nonconformity by no more than 10% of the existing gross square footage—example: a 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a maximum total of 2000 sq. ft.) (3) Any nonconforming structure 5,001-10,000 gross sq.ft or less may be enlarged, maintained or altered in a manner that increases the nonconformity by no more than 25% of the existing gross square footage—example: a 8000 10,000 sq. ft. structure may be 2 In 20,000 sq.ft. or larger glazing standards shall be met, the doors may be the appearance of doors and the façade shall either be two stories/levels or the appearance and height of two storieslevels. Comment [CL24]: Moved to number 4 above. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-20 South Burlington Land Development Regulations DRAFT 6/18/2014 enlarged or altered in a nonconforming manner (expand to side) by a maximum total of 2500 sq. ft.) (4) Any nonconforming structure 2,501-5,000 gross sq.ft or less may be enlarged, maintained or altered in a manner that increases the nonconformity by no more than 30% of the existing gross square footage—example: a 5000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side) by a maximum total of 1500 sq. ft.) (5) Any nonconforming structure 1,001-2,500 gross sq. ft or less may be enlarged, maintained or altered in a manner that increases the nonconformity by no more than 35% of the existing gross square footage—example: a 2500 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side) by a maximum total of 875 sq. ft.) (6) Any nonconforming structure 1000 gross sq.ft or less may be enlarged, maintained or altered in a manner that increases the nonconformity by no more than 45% of the existing gross square footage—example: a 1000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side) by a maximum total of 450 sq. ft.) (7) Any new construction principal structure, not described above, which occurs on a site with a nonconforming structure or any expansion of a nonconforming structure shall comply with the "build-to" and all BES all requirements of these regulations. See drawings attached. E. Relocation No nonconforming structure may be relocated in whole or in part to any other location on the same or any other lot unless the structure and its location conform to this Codethese Regulations. Figure 8-1 South Burlington Non-conformity Build-to requirements A. FRONT: ADDITION Any addition to the front must be placed in the move toward build to zone. The addition does not have to meet the build-to percentage for the lot. A. FRONT: NEW BUILDING A new building must be placed in the build to zone until the build-to percentage for the lot has been met. Permitted Permitted Comment [CL25]: Paul D to follow up to indicate attempts to get to conformity even if partial is acceptable. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations DRAFT 6/18/2014 B. REAR: ADDITION Rear additions are allowed because the extension does not increase the degree of the non-conformity. B. REAR: NEW BUILDING New Buildings located outside of the build- to zone are not allowed until the build-to percentage of the lot has been met. C. SIDE: ADDITION Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. C. SIDE: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the build-to percentage of the lot has been met. Permitted Not Permitted Not Permitted ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations DRAFT 6/18/2014 D. SIDE: ADDITION ( Large Building) Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. D. SIDE: ADDITION (Large Building) Add new connected street* and side additions are now allowed because the new street establishes a new Build-to line. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-3 South Burlington Land Development Regulations DRAFT 6/18/2014 *New street shall be selected from the pre-determined FBC street types allowable in the site’s transect designation and shall conform to block standards (block lengths). E. Tiers Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and frequency of doors) , FBC open space standards and/or combination of the two. Surface parking is not conforming. Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space standards* Permitted Permitted ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-4 South Burlington Land Development Regulations DRAFT 6/18/2014 * Large parcels: Parcels with street frontages greater than 300' may expand laterally the percentage of the build out at Tier 1 in the same lateral location of the conforming build out. 8.07 Marcotte School Special Subdistrict. Development in Marcotte School Special Subdistrict (labeled “SPEC. DISTRICT” on the MAP) should be consistent with South Burlington School District policy. 8.08 Definitions: The definitions set forth Article 2 shall be applicable in this City Center Form Based Code (FBC) District, and, in addition, the following: Adult use. An establishment (such as a nightclub, bar, restaurant, supper club, lounge, live or movie theater, cabaret, bookstore, or other) in which a person or persons appear in a state of nudity in the performance of their duties or material is available depicting person or persons in a state of nudity. Nudity shall be as defined in the South Burlington Adult Use Ordinance. Accessory structure. A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. The accessory structure shall be located on the same lot. BES. Building Envelope Standards. Block. A block is a plot of land bounded on all sides by streets or a combination of streets and other types of connectors (i.e. recreation path). Block connectivity. Requirement for new streets to be connected in a minimum of two places with an adjacent street. Block perimeter. The total distance around a block. Build-to Line. The line at which construction of a building façade is to occur on a lot. A build-to line runs parallel to, and is measured from, the front property line. Built-to percentage. The percentage a building is required to be built to the Principal and Secondary Frontages, as determined per BES (Building Envelope Standards). Build-to Line. Synonymous with the Build-to Zone. Comment [PC26]: All definitions have been moved to Article 2 ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-5 South Burlington Land Development Regulations DRAFT 6/18/2014 Build-to zone. The build-to zone is the area on the lot where a certain percentage of the front building façade must be located, measured as a minimum and maximum range from the edge of the right-of-way. Building Break, Building Edge Break. Building breaks are variations in a building façade that include: building height variation, building vertical plane shift, building section variation, and major material change. See “Building Break Standards” graphic. Building Break, Building Edge Break. Horizontal or vertical building edge shift (bump outs/step backs) or major material change. Such an interruption in the continuous frontage of a building facing a street shall include stoops, porches, permanent structural awnings, inverted dormers and picture windows (that protrude out from the front of the building at least two feet). Building edge. Building façade. Building Envelope Standards. Building façade. The face of a building that delineates the edge of conditioned floor space. Building Levels. Building stories. That part of a building above ground level between a floor and the floor next above. If there is no floor above it, then the space between the floor and the roof or ceiling next above it. Story shall include basements and not cellars. Building mass. The square footage of a building on the ground floor. Commercial. The term collectively defining workplace, Office, Retail, and Lodging functions. Curb cut. A ramp cut into a curb at a driveway for the purpose of vehicular access to a lot. Delivery channel. Public alley or other street providing access to buildings. Elevation. A vertical distance above or below a fixed reference level. Fire access. Means of access to a building, neighborhood or street for the purpose of fire and public safety. Frontage. The boundary of a lot abutting a public street, specified courtyard for a cottage court or a designated open space parcel. Glazing. The minimum amount of first floor window and door coverage for primary front of buildings. The required windows shall be rectangular and be taller than they are wide. Groundcover. Groundcover refers to any plant that grows over an area of ground, used to provide protection from erosion and drought, and to improve its aesthetic appearance. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-6 South Burlington Land Development Regulations DRAFT 6/18/2014 Ground level. The floor of a building that is at or nearest the level of the ground around the building. Hardscape. Non-living materials that constitute one component of landscaping. Includes paving material, walls or fences, concrete, asphalt, stone or other hard surfaces. Heavy Truck Traffic. Industry. Those fields of economic activity including forestry, fishing, hunting, trapping, mining, construction, manufacturing, transportation, communication, electric service, gas service, sanitary service, and wholesale trade. LEED Silver standards. Rating system through the US Green Building Council. Projects are encouraged to be built to the “silver” standard. Lot. A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership, or possession, or for development. Lot coverage. The total area covered by all principal and accessory buildings on any given lot. Lot size. Lot size is the area included within the rear, side and front lot lines. Lot size does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use. Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot. MAP. The City of South Burlington City Center FBC Map, entitled “SOUTH BURLINGTON, VT – CITY CENTER FBC DISTRICT DEFINED, 11.7.13, 1” = 200’-0” ”, attached hereto as Appendix A and which delineates the boundaries of the City Center Form Based Code (FBC) District and areas where Building Envelope Standards and Street Typology are applicable. Mixed use. A building or neighborhood with multiple functions. Municipal street. Public street. Non-residential uses. Any use not characterized by long-term human dwelling. Primary Front. Where a structure fronts on two streets, the frontage that is on the busier street. Principal Frontage. The portion of a building façade that is required to be built to the Principal Build- to Line. (See Principal Frontage/Secondary Frontage diagram.) On corner lots, the frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot Width. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-7 South Burlington Land Development Regulations DRAFT 6/18/2014 Private Entrances. Entrances to private residential structures which are required to face the street or be accessible to it. Public, operable entrances. Entrances to a building that are usable and open to the public during business hours. Public realm. The public realm includes all exterior places, linkages and built form elements that are physically and/or visually accessible regardless of ownership. Rear. At the opposite side of a lot from the principal frontage or primary street. Refurbishment/improvement. Any change to a structure that is not new construction, removal or repair. Repair. Any change that is not construction, removal, or alteration. Replacement. Replacement of any part of a structure that involves demolition and reconstruction. Residential. Characterized premises available for long-term human dwelling. Retail. Characterizing premises available for the sale of merchandise and food service. Service uses. An establishment providing services or entertainment, as opposed to products, to the general public for personal or household use. Secondary Frontage. The portion of a building façade that is required to be built to the Secondary Built- to Line. (See Principal Frontage/Secondary Frontage diagram.) On corner lots, the frontage that is not the Principal Frontage. Setback. The distance from a property line or right-of-way a building façade is required to be built. Shared Parking Plan. An agreement for sharing of parking needs or requirements among two or more proximate land owners reflecting their complementary parking needs (e.g., different peak use hours, occasional or sporadic use, etc.) as part of a development scheme to satisfy the general parking requirements and achieve greater efficiencies. Side yard. A secondary lot frontage not fronting a Primary Street or at the rear. Single block face. A continuous span along a block without a vehicular street. ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-8 South Burlington Land Development Regulations DRAFT 6/18/2014 Solar ready. A term used to describe a building that is engineered and designed for solar installation, even if the solar installation does not happen at the time of construction. Elements such as building orientation, available roof space, roof type, etc. are key to designing solar ready buildings. Street furniture. Objects placed along a street for public use, such as benches, waste bins, etc. Street Typology. Surface parking. A cleared area, usually paved, that is intended for parking of vehicles. TDR. Transfer of Development Rights. Town-house type building. A dwelling unit located in a row of at least three attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. The row of dwelling units shall be designed and built as a single structure facing the street. Transitional buffer. A buffer zone providing transition where new FBC development abuts an existing neighborhood (i.e. a new FBC T-4 or T-3 abuts an existing neighborhood). A Transitional buffer shall consist of a planted buffer of 20 feet or an alley which includes 8-10 feet of landscaping and 10-12 feet of pavement. Unit definition. A unit shall be defined as 1500 sq. ft. (regardless of the number of bedrooms or use). All new dwelling units less than 1800 sq. ft. shall equal the proposed new unit sq. footage divided by 1500, for example: 750 sq. ft. shall be considered ½ units. A new structure or proposed square footage of 1501 sq. ft. or larger shall be considered (proportionately) more than one unit; for example, 3,000 sq. ft. of new or proposed construction shall be considered two units. Units per acre allowances shall use this standard. In T-5 and T-4 micro-units (for affordability purposes 200 sq. ft. to 500 sq. ft.) shall be allowed and encouraged. In T-3 cottage housing/starter houses (houses under 1200 sq. ft. or less than one unit) is encouraged. TDR giving. For TDR giving a Unit shall be any dwelling unit, for example a TDR giving with a 2.8 units per acre shall have the giving rights of 2.8 units per acre. Unpaved ground area. Any portion of a lot that is covered with hardscape elements (see definition of hardscape). ARTICLE 8 SPECIAL CITY CENTER FORM BASED CODE DISTRICT 8-9 South Burlington Land Development Regulations DRAFT 6/18/2014 Urban Open Space. Open space or areas for plazas, parks, green spaces, and other open areas. The landscape of urban open spaces can range from playing fields to highly maintained environments (hardscaped) to relatively natural landscapes. They are open to public access, however, urban open spaces may be privately owned. Urban open spaces may be configured as a green, square, plaza, park, playground, community garden, or small farm plot. Required Urban Open Space may be supplied with-in a 500’ radius of the site subject to this requirement. Staff / Planning Commission amendments to 6/6/2014 Street Types 6/12/2014 to Paul Dreher 1 Below are a list of revisions and questions sent to Dreher Designs based on staff and Commission input at the Commission’s last meeting. This is provided in order to supplement the draft Street Types within the 6-18-2014 Land Development Regulations. Dreher Designs has not yet had the opportunity to include this input into revised street types. 1. Overview / General. a. We’ve been thinking more about how the DRB / Staff / Applicant will decide HOW one the potential street types within a given T-zone will be selected for a given new street, if it’s not pre-labelled. We’d like for the regulations to provide some guidance on this. Example: developer x comes in to build a new T4 mixed use development. Under what criteria would the applicant / staff / DRB discuss whether it should be a Support street / commercial street / commercial ave / avenue / boul / commercial boul / NS, NSBB, or Destination Street? We were thinking it might be tied to the proposed land uses & design vehicles needed to serve that development as a starting point, but we’d like to hear what you / PPS think on this and how we’d have a good framework for the discussion. 2. Neighborhood Street a. Sidewalk width – per last set of comments, 5’ min, not 6’ b. Parking lane width - 8’ c. Pavement width – I think the min winds up as 20’ if you have no parking. Max would be 28 with 2 lanes of driving and 8’ parking d. Min bike facility – we’d like for it to read something like “practice of share the road” per last comments e. Question – we allow one sided parking here, as it would not be useful to have 2 sided parking in most areas. Should we consider allowing 2 sided parking in a T4, or would that really be a different street type at that point (such as a support street) f. Graphic – should show one-sided parking g. Curb removal – clarify that with no cubs, must add 2’ EACH side. 3. Neighborhood Street Narrow a. Sidewalk width – per last set of comments, 5’ min, not 6’ b. Lanes width. Make 10’ period. c. Min bike facility – we’d like for it to read something like “practice of share the road” per last comments 4. NSBB a. Sidewalk width – per last set of comments, 5’ min, not 6’ b. We think we want to prohibit parking on these streets – otherwise, with lanes, we’ll wind up with really wide streets, no? 5. Lane a. Congestion tolerance – use the word “beside” not “besides” b. Sidewalk width – no applicable c. # travel lanes – question: 1 lane, meaning one-way? d. Min Bike facility – “shared with pavement” e. On-Street parking “not permitted” Staff / Planning Commission amendments to 6/6/2014 Street Types 6/12/2014 to Paul Dreher 2 f. Parking lane width – remove. 6. Destination Street. a. The image shows a faded version of the trees within letter “c”. Is that intended to depict the possible alternative of a narrower street with no “c” or to show a possible planting of trees within the parking area? b. Parking lane width – 8’ (not 8’ max) [and the symbol] 7. Support Street a. Travel lanes – it says 1 or 2 lanes. Can you clarify that this can be a one-way street if that’s what you’re recommending? b. Min bike facility – the drawing shows a lane. Please correct the drawing to reflect the facility of a “shared lane” 8. Mew a. Members of the PC asked what would happen if someone wanted to propose a wider non-vehicular street (eg, Church Street). Would that be a mew? b. What would be the effect of allowing a wider than 24’ mew? 9. Commercial Street a. Center / left turn lane. Did you mean to allow a suicide lane, or only left turns as needed? 10. Avenue a. Require that one side be a 10’ rec path b. Sidewalk type – rec path one side, sidewalk on the other c. Question: On street parking – is this a good idea? If the purpose is as described, there won’t be much demand for on street as it’s a through-connector 11. Commercial Boul. a. Sidewalk width – per last set of comments, 5’ min, not 6’ b. The drawing shows a possible center median with a tree in the middle. If trees are to be required or recommended in a center median, that should be stated somewhere (the T- types will say trees along each side, but are silent on the median) 12. Rural highway a. Role in community. Should this reference having a rec path adjacent or nearby? b. Sidewalk width. Should be a rec path, not a sidewalk. 10’ width min (possibly not right on the road, if parallel and within *** distance??) c. Sidewalk type – rec path d. Pavement width. If shoulders are to be required, which they will, that will add to the min pavement width. See below e. # travel lanes. 2 (not 4) f. Center / left turn lane – ok for left turns, not a continuous suicide lane g. Min bike facility – bike lanes 5’ min each side (not shoulders or sharrows) – lanes would replace shoulders, and sharrows not appropriate for 45 mph speed 13. Rural Connector Staff / Planning Commission amendments to 6/6/2014 Street Types 6/12/2014 to Paul Dreher 3 a. Role in community. Should this reference having a rec path adjacent or nearby? b. Sidewalk width. Should be a rec path, not a sidewalk. 10’ width min (possibly not right on the road, if parallel and within *** distance??) c. Sidewalk type – rec path d. Pavement width. If shoulders are to be required, which they will, that will add to the min pavement width. See below e. Center / left turn lane – ok for left turns, not a continuous suicide lane f. Min bike facility – bike lanes 5’ min each side (not shoulders or sharrows) - lanes would replace shoulders, and sharrows not appropriate for 45 mph speed 14. Rural drive a. Pavement width – 20’ min, 22’ max 15. Industrial Access road a. Sidewalk width – make it a rec path, 10’ min b. Min bike facility – None (except the rec path) – not rally a good fit to this street type 16. Market Street. a. If we gave you the dimensions of Market Street, could you provide us with a little sketch image of it to accompany a “new” street type?