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HomeMy WebLinkAboutMinutes - Planning Commission - 11/10/2015 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 10 NOVEMBER 2015 The South Burlington Planning Commission held a regular meeting on Tuesday, 10 November 2015, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; T. Riehle, B. Gagnon, S. Quest, D. MacDonald, A. Klugo ALSO PRESENT: P. Conner, Director of Planning & Zoning; C. LaRose, City Planner; T. McKenzie, K. Braverman, S. Dopp, P. Engels, M. Simoneau, M. Lalonde, T. Chittenden, C. Snyder 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 reports: Mr. Conner reported that last night the Airport consultant presented the new noise exposure maps. Noise contours have changed, largely because F-16s are now using afterburners. The public comment period will run until 10 December 2015. 4. Public Hearing on Draft Amendments to the Land Development Regulations and Official Map: Mr. Gagnon moved to open the public hearing. Ms. Quest seconded. Motion passed unanimously. Mr. Conner then reviewed the history of the LDRs and the process for this recent revision. He also noted that the Board has the option of closing or continuing the public hearing. After the hearing, the Board can make and changes it chooses and then can vote to pass the document on to the City Council. The City Council will review the document, then warn its own public hearing. Once they have warned their public hearing, those regulations are in effect. If the Council chooses to make changes, they have to seek input from the Planning Commission Mr. McKenzie noted one area that causes him concern: there is a change in the way density is allocated. In the past, density was limited. Form based code actually requires density (e.g., required number of stories in T4 and T5, etc.). Mr. McKenzie said that can create a level of development that is unachievable for property owners. Mr. McKenzie indicated a street between their property and the entrance to the former Chinese restaurant. With all the variables and the parking rate they would be comfortable with, there isn’t enough parking (90 spaces are permitted, which would leave them 89 short). And that’s without green space, stormwater management, etc. Another issue Mr. McKenzie noted concerns the “big block.” He showed the plan for the property owned by South Burlington Realty and said this is not achievable without a parking structure. Mr. McKenzie was also concerned that the requirement for 70% building frontage could encourage a “larger footprint in a smaller building.” A developer may have to make a building 3 stories instead of 4 or 5 to get the same square footage. He suggested limiting “primary streets” to Market Street and Garden Street. He also said that one way to achieve the 70% is to give credit for plazas, private drives, etc. Mr. McKenzie said that ultimately the “story of City Center is how we park cars.” The landscape architect working with South Burlington Realty commented that they have been focused on pedestrian connectivity between the buildings. It is a challenge, especially in the T5 zone not to think that the “leftover spaces” are what you used to use for green spaces. She said it is not ideal to have a bench in the middle of a parking area. One solution for this is to keep the 70% building coverage on primary streets but to allow connectivity credit and also credit that will accommodate parking spaces, something that could allow for double loaded parking spaces. Mr. McKenzie showed the area where the water table is too might to put parking under the building. Mr. Klugo noted this can be done, but at what cost. Mr. Brverman said he represents a group interested in a project in City Center. In reviewing the code they asked whether the Commission has given consideration to a “master planning provision” for multiple buildings on multiple lots. He felt you can get something much more creative while still maintaining the intent. Now, with one building on one lot, the regulations are very proscriptive. He asked whether 65% coverage could be considered for multiple buildings on multiple lots. Mr. Gagnon said he felt master planning is a good idea in general. He questioned whether there is a minimum number of buildings that would support master planning. Mr. Braverman said that in order to support a parking structure, you need multiple buildings. Mr. Conner then reviewed changes made to the LDRs since the document was released: a. Legal review clarifications, mostly on open space standards. Language has been added to provide more clarity (“atrium” has been added to T4 and T5; community gardens have been added to T4; open air farmer’s markets have been removed as they are addressed in another type of location; instead of “artistic sculpture,” they have used “commissioned sculpture”; there is also a clarification that seating can’t be made of resin and that all materials must be of high quality. b. Mr. Conner also noted that staff met with the owner near Quarry Hill Road (T4 zone), which highlighted landscape buffering language that states “where a T4 district abuts a non‐transect district…” Staff is recommending that the language be more precise to state which types of zoning districts would warrant a buffer. He suggested R4 and R7. c. The city’s legal counsel noted that Wheeler Park had been shown as all park land on the Official Map. It should be adjusted to indicate the development area in the southwest corner resulting from the J.M. Golf settlement. Mr. Conner then showed images of what T3, T4 and T5 could look like. The city’s legal counsel suggests putting this in a separate folder of photos where it can be changed from time to time without amending the LDRs. Also, the photos are suggestive of what something could look like; they are not a mandate. Mr. Snyder noted there will have to be “tweaks” to the document and asked that the Commission consider a path to resolve those tweaks. As there was no further public comment, Mr. Gagnon moved to close the public hearing. Mr. Riehle seconded. Motion passed 6-0. 5. Review feedback provided on Draft Amendments to the Land Development Regulations and Official Map; discuss possible edits. Mr. Conner noted receipt of very positive feedback regarding several properties in City Center that could be combined. Staff would be very supportive of the Planning Commission prioritizing the development of a master planning tool that encourages creativity and flexibility. Mr. Conner acknowledged that the LDRs are mostly geared to one building on one site. He said it is hard to write in “flexibility” for more creative lot development. He felt they could come up with a tool for this in a few months. Mr. Gagnon suggested adding language to the LDRs to acknowledge this potential and get it into the document rather than going back and revisiting it. Mr. Klugo asked if there isn’t already a process for petitioning for options. Mr. Conner said options are very limited. Mr. Conner said the legal test now is whether an applicant can reasonably foresee whether an application they come in with will be approved or not. The City must keep this in mind as it develops any flexible standards. He also noted many people are interested in having the regulations in place. He suggested approving the document and having a #1 priority to address master planning so that 3 or 4 months from now it (and other potential changes) can be added to the code. Ms. LaRose said there were a few things raised tonight that the Commission could make a decision on (e.g., street frontage) should it choose to. Mr. Klugo said if there isn’t a different time period for a parallel path, the city will end up with something it doesn’t want. He added that he would have a hard time voting the document through without that. Ms. Louisos said she would have a hard time not moving it forward. Mr. Conner stressed that staff is prepared to make this a top priority, and there is funding to do that. Mr. Gagnon said he has 2 concerns: first, when the City Council warns it, it becomes the regulation, so that what the city will get in the short term could be a “black and white” development without flexibility. Secondly, the public might see a “bait and switch” if the Commission comes back with a “more flexible” option. Mr. Macdonald agreed. Mr. Gagnon suggested adding language that there is a “master planning tool” being worked on. Mr. Conner said that following a tool that doesn’t yet exist would be a problem. He also noted that if they delay enacting the new regulations, the existing regulations stay in effect. Mr. Klugo said he was willing to trust that the process takes place and will reluctant vote the document through. He felt it is better than what exists now. Mr. Conner said the Commission could make a statement of what it plans to do in the next few months. Mr. Gagnon said he would be comfortable with a statement of intent. Mr. Conner did note that if the City Council asks the Commission for more work on the Comprehensive Plan, that will have to take priority. Ms. LaRose said there could be a reserved subsection in the text that alerts people that something more may be coming (she noted other places where this occurs). Mr. Snyder noted that timing is important for the city as the clock for TIF funding is ticking. He asked if there is a way to make this happen quickly. Mr. Conner said they need to be sure the Commission is actually spending time working on this, not on whether or not to do it and to focus as quickly as possible on what “flexibility” means. Then language can be built around that. Mr. Gagnon asked what the process is if someone comes in and requests a change. Mr. Conner said the Commission decides how to handle it, then initiates the hearing process for a change. It is about a 3-month process at a minimum. Ms. Quest said she would like to change the definition of “park” to add “community agriculture” or “urban agriculture.” Members were OK with that. Mr. Klugo suggested a more “global” statement regarding seating, to achieve the most quality space possible. He noted there is some spectacular resin that would be great in a public space. Mr. Conner said staff is open to ideas as this is not their area of expertise. He agreed to take out the statement on resin. Mr. Klugo asked what tool the DRB has to be sure a road is put back to its previous standard after a developer does utility work. Mr. Conner said he would follow up with Public Works on that. Mr. Conner then distributed language for “tweaks” recommended by the City Attorney, one of these at the end of the goal‐purpose statement and one for the purpose statement on open space. He also suggested language regarding the T4 area that abuts a residential area as follows: “Where a T4 district abuts an R4 or R7 district, the following standards shall apply…” Members were OK with these changes. Finally, on p. 152 “reserve” language was added as follows: “City Center Form Based Code Master Plan Approval reserved.” Mr. Klugo then moved to approve the draft amendments to the Land Development Regulations with the amendments presented tonight and the Official Map and accompanying reports. Mr. Riehle seconded. Motion passed 6-0. 8. Other Business: Ms. Louisos reminded members of the joint meeting with the City Council on Thursday, 12 November, 7 p.m. 9. Minutes: No minutes were presented for approval. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:30 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 Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: November 10, 2015 Planning Commission meeting 1. Agenda: Additions, deletions or changes in order of agenda items (7:00 pm) 2. Open to the public for items not related to the agenda (7:02 pm) 3. Planning Commissioner announcements and staff report (7:05 pm) 4. Public Hearings on Draft Amendments to the Land Development Regulations and Official Map (7:10 pm) This is, as always, the public’s opportunity to provide input to the Commission on changes requested from the draft warned for this hearing. A few notes on items provided in this week’s packet: - Included in your packet are a series of recommended (mostly minor) changes via staff and / or the city’s legal counsel. - You’ll notice in the Open Space table that some text is purple instead of red. That is meant to indicate that there was a change in that box. We were not able to do the traditional “strikethrough” and “underline” system there. - The city’s legal counsel has recommended a handful of extremely minor edits in Articles 14 and 15 (section references, numbering, plural vs singular use of “code”). Staff can show these to you if you like. - We are working to have the images in the “open space guide” complete for you asap. - The City’s legal counsel has asked that the Official Map be changed to remove the small piece of Wheeler Nature Park that is to be the subject of the JAM Golf land swap as being shown as “park.” We’ll have that for you for the meeting. 5. Review feedback provided on Draft Amendments to the Land Development Regulations and Official Map; discuss possible edits 6. Possible approval of Draft Amendments to the Land Development Regulations and Planning Commission Report and submittal to the City Council 7. Possible approval of Draft Amendments to the Official Map and Planning Commission report and submittal to the City Council 2 8. Other Business (8:55 pm) a. Upcoming meetings: November 12, November 24 9. Minutes (8:58 pm) 10. Adjourn (9:00 pm) Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 The following amendments to Article 2 are shown as underline / strikethrough from the draft warned for the Planning Commission’s 11/10/2015 public hearing. They are proposed by staff via the City’s Legal Counsel. Section 2.02 Definitions Block. An area unit of land bounded by streets or by a combination of existing, planned, or proposed streets , or by physical features creating a barrier to the continuity of development such as public land, railroad rights-of-way, waterways, and municipal boundaries... Within the Transect Zones, street types applying under this defintitiondefinition shall include only existing public streets, planned streets, and street types listed as qualifying within the applicable Building Envelope Standards and Article 11. The perimeter of the Form Based Codes District also shall be also considered an additional block delineation. Build-to zone. The area on the lot where a building façade must be located, measured as a minimum and maximum range from the edge closest street line of an existing or planned street right-of-way. Driveway. A private vehicular access from a street to a parking space, garage, dwelling, or other structure and generally subordinate in nature to a street. A driveway may be shared among structures, but its function is generally subordinate to a street or shared access way. Frontage. (A) Theat boundary of a lot abutting a public street; (B) the front lot line. Right-of-way. (A) A strip of land createdacquired by conveyance, reservation, dedication, prescription or condemnation, and intended to be occupied primarily by a means of access or by utilities, such as by road, path, crosswalk, sidewalk, recreation trail, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or drainage, utility line, and other similar uses; or (B) generally, the right to pass over the property of another. Street. A vehicular way primarily for vehicular travel that (A) is an existing state, county, or municipal roadway;, (B) or is shown upon an approved and recorded plat approved pursuant to law;, or (C) or is approved by other official action. The roadwayA street shall include allthe land between the street lines (also known as the boundary lines of the rights-of-way), whether improved or unimproved. Such street shall afford the principal means of access to abutting properties. The word “street” shall be equivalent to the words “road” or “roadway.” Street, arterial. A public street that is used or will be used primarily for through traffic flow. These streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent update. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 Street, collector. A street that is used or will be used primarily for connecting local street traffic to the arterial street system. These streets are designated in the transportation chapter of the 2001 Comprehensive Plan, or most recent update. Street, local. A street used primarily for direct access to property and not for through traffic flow. These streets are all those not designated as arterial or collector. Street, private. A private street is any street providing access to one or more parcels of land that is not intended to be accepted for taken into ownership or maintenance by the City. The dimensional standards, including width of the right of way and roadbed, and method of connection to City public streets, are determined by the City. A private street is expected to meet these standards determined by the City and shall not be confused for an access drive, driveway or the specifications thereof. Street, public. A right-of-way or fee simple tract of land which has been set aside for public travel, dedicated to the City public by the recording of a subdivision plat or irrevocable offer of dedication, built to public street standards, and eligible for maintenance ownership by the City of South Burlington or other public entity. Street right-of-way. Any right-of-way that is either: (A) Public: set aside for public travel which is accepted or eligible to be accepted for ownershipmaintenance by the City of South Burlington or the State, if so authorized; or has been dedicated for public travel by the recording of a plat or a subdivision which has been approved or is subsequently approved by the City of South Burlington; or has otherwise been established as a public street prior to the adoption of these land development regulations; the right-of-way for a public street. Or (B) Private: set aside to allow travel and access between one or more parcels of land and a public street and to provide access from one or more parcels to a public street, the dimensions ofor which shall be depicted clearly on a plat or plan approved or subsequently approved by the City and recorded or proposed to be recorded in the land records and which is not intended to be, and will not be, accepted for ownership or maintenance by the City of South Burlington; the right-of-way for a private street. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations The following amendments to Article 8 are shown as underline / strikethrough from the draft warned for the Planning Commission’s 11/10/2015 public hearing. They are proposed for consideration by staff and /or by staff via the City’s Legal Counsel. 8 CITY CENTER FORM BASED CODE DISTRICT 8.01 Purpose 8.02 Applicability 8.03 Land Development and Building Placement 8.04 Blocks, streets, and alley 8.05 Parking 8.06 Special Standards 8.07 Prohibited Materials 8.08 Open Space Requirements 8.09 Uses Allowed and Changes of Use 8.10 Review Procedures 8.11 Nonconformities 8.12 City Center T3 and T3+ Neighborhood 8.13 Urban Multi-Use Building Envelope Standards 8.14 T-5 Building Envelope Standards 8.01 Purpose A. Purpose. The City Center Form Based Code (FBC) District is a standalone zoning district with boundaries established on the Official Zoning Map, and has specific rules and standards set forth below which apply solely in the City Center Form Based Codes District. The FBC District implements a form based zoning regulation applicable to the City Center (either the ”Code” or the “FBC”) 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 FBC District (this article) is designed to maintain and foster improvement to the FBC District’s existing structures and encourage new development and infrastructure that incorporates planned transportation corridors with walking and bicycling coincidental with the automobile. This District 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 FBC District and its Transect Zones shall 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 A. City Center Form Based Code District and Form Based Code. The City Center FBC District is allocated among different areas, known as Transect Zones, to reflect the different nature and densities Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations of existing and anticipated development. The City Center FBC District Transect Zones are named T-5, T-4, T-3, T-3+ and T-1 and are shown on the Zoning Map. Each Transect Zone is governed by its respective Building Envelope Standards (BES), attached hereto in Sections 8.12 – 8.14 hereof, and Street Typology, attached hereto in Article 11 hereof. The Zoning 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 stream buffer, wetland, and wetland buffer areas on the Official Zoning Map. Stream buffer, wetland, and wetland buffer areas are shown for illustrative purposes only. Depicted stream buffer, wetland, and wetland buffer boundaries are approximate. The diagram should not be construed as showing all stream buffers, wetland, and wetland buffer areas, nor the precise locations of such stream buffers, wetland, or wetland buffer areas. Stream buffer, wetland, and wetland 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. Limited Incorporation of Land Development Regulations. Articles 3, 13, 14, 15, and Appendix C 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, Table 3-1, Figures 3-1a & 3-1b, 3.08, 3.09(A), 3.10 (E), 3.11(F-G), 3.12 & 3.13 Article 13 shall apply as indicated within the Article. Article 14 shall apply as indicated within the Article. Article 15 shall apply as identified within the Article. Where in this Article a specific section or subsection is referenced, it shall apply. In the event of a conflict between the Building Envelope Standards or Street Typology and other portions of these Regulations, the Building Envelope Standards and Street Typology shall control. 8.03 Land Development and Building Placement A. Land Development. No land development shall be permitted except in full compliance with the applicable Building Envelope Standards (BES) and this Article. See also Section 8.11, non-conformities. B. Building Placement. All new buildings, and all additions to buildings, except as permitted in a T3 Cottage Court or as permitted under Section 8.11, Nonconformities, shall include at least one building façade located entirely within a Build-to-Zone. C. Special Requirements, Prohibitions & Exceptions (1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall meet all BES applicable to such street. (2) Loading docks and other entries meant principally for deliveries shall not face streets, except where: (a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest to the public street; and, Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (b) The total width of said docks, doors, and entries does not exceed 12 feet. (3) All loading docks and associated truck parking areas shall be screened from view from Sstreets. In the case of a nonconforming loading dock and associated truck parking area, any changes to the location or configuration of the loading docks or associated truck parking areas shall require compliance with this subsection. 8.04 Blocks, Streets, and Alleys A. General Standards (1) Purpose. To implement the goals of the Comprehensive Plan and purposes of the City Center FBC District, including transportation, economic development, creation of an active, pedestrian-friendly environment, and to implement the intent of block standards identified within the Building Envelope Standards of each Transect Zone. (2) Construction of streets (a) Where a building is proposed to be located on a lot that is adjacent to a new or extended street, such street shall be constructed by the applicant pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. (b) Where a building is proposed to be located on a lot that is adjacent to an existing street, such street shall be upgraded pursuant to Article 15 and in accordance with the requirements of Article 11, Street Typologies. (3) Perimeter and Length of Blocks. The minimum / maximum perimeters and lengths of any block shall be determined by BES, except as otherwise provided for in this Article. (4) Frontage Buildout. Frontage Buildout requirements for the applicable Transect Zone shall apply along all streets pursuant to the BES. See Section 8.11, Nonconformities, for development existing at the time the FBC was enacted. (a) Where wetlands and wetland buffers and streams and stream buffers, as defined in Article 12, are located along streets and are proposed to be unaffected, the linear distance of these features along the street shall be removed from the calculation of the lot’s minimum frontage buildout requirement. (4)(5) Connectivity. All existing or proposed streets shall connect directly at each end to another existing public street, or planned or proposed street listed as a qualifying street type in the applicable BES. (6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public, planned, and proposed streets within the Transect Zones. (a) In the event that a third party easement which predates the initial adoption of this Article exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to- zone shall, for the length of the easement, be established along the rear edge of the easement. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. Comment [PC1]: Proposed addition from staff 11/6/2015. Legal review to be completed. Comment [PC2]: Proposed addition from staff 11/6/2015. Legal Review to be completed. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (a) Exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall not apply in areas shown on the Official Map as exempt from such standard, unless, pursuant to 24 VSA 4421(5), the application is to be reviewed without regard to the proposed public facility indicated on the Official Map. In such instances, block length and perimeter standards for the applicable Transect Zone shall be met. (b) Non-exempt areas. Block lengths and block perimeters for the applicable Transect Zone shall apply for all areas shown on the Official Map as non-exempt from such standards. (2) Public Facilities on the Official Map: Where a planned street or any other planned public feature, facility, or improvement is shown on a parcel or lot on the Official Map, the owner of such parcel or lot shall provide an irrevocable offer of dedication of such planned street or planned public feature, facility ofor improvement to the City at the time of an application for land development on such parcel or lot. In the event that the applicant proposes a private street, a plan clearly depicting the area of such street shall be recorded in the land records prior to the issuance of any zoning permit. The following additional standards shall apply in either instance: (a) Where applicable, the applicant shall construct such street in accordance with the requirements of these Regulations; (b) Where the street is proposed to be public, the minimum street right-of-way width shall be as identified within Article 11, Street Typologies; (c) Where the City identifies a specific Street Type on the Official Map, such street shall comply with the standards for that street type in Article 11; (d) The actual location of a street may deviate from the location identified on the Official Map within the applicant’s parcel by to one quarter (1/4) of a maximum block length in the applicable Transect Zone; (e) The actual location of a street may be deviate from the location identified on the Official Map at the applicant’s property line up to one quarter (1/4) of a maximum block length in the applicable Transect Zone. Such deviation shall require approval of the Development Review Board pursuant to the following: (i) The proposed location shall connect to adjacent existing, planned, or proposed streets at each end; (ii) The proposed location shall remain consistent with any City and Regional Planning Commission transportation corridor studies; (iii) It shall remain possible to complete all planned and reasonably anticipated connections envisioned to adjacent properties; (iv) The applicant shall solicit from the owners of all adjoining properties their written input or comment regarding the proposed deviation from the location identified on the Official Map and shall demonstrate to the DRB the attempt(s) to solicit this written input or comment; and, (v) Any such deviation that results in a significant change in connections to any existing, planned, or proposed street right-of-way shall require approval by the City Council following recommendation by the Planning Commission. Any such deviation shall include an amendment to the Official Map that depicts the revised connection between the new street Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations location at the applicant’s property line and the planned street on the adjacent parcel. For the purposes of this subsection, a significant change may include a change in the parcel(s) through which the streets are planned, any modification to an approved City or State plan for the street connection, or a change affecting the alignment of a planned or existing intersection. (3) Standards for Non-exempt areas. In areas or circumstances that are not exempt from block length and perimeter requirements, the following standards shall apply. (a) The applicant shall submit plans demonstrating compliance with the block standards for the entire parcel. Such submission may include phasing, and in such cases, may for future phases provide detail sufficient only to indicate that the standards of these Regulations can be met at a future time. (b) All proposed streets shall comply with the requirements of Section A above and of the applicable Building Envelope Standards. (c) The Development Review Board shall have the authority to modify minimum and maximum block lengths by up to 10% where it finds that: (i) The modification will result in avoidance of impacts to a wetland, wetland buffer, stream, or stream buffer, as defined within these Regulations; (ii) Pre-existing site conditions such as existing buildings proposed to remain, existing signalized intersections, or existing signalized curb cuts make placement of the block length within the required distance impractical or result in a detriment to vehicular or non- motorized transportation safety or efficiency, or; (iii) The modification will result in an improved alignment of an intersection, such as aligning with an intersection on the other side of the street, or establishing a safe distance from an existing intersection; (d) Where the DRB approves a modification of a minimum or maximum block length standard, the following shall apply: (i) All requirements for pedestrian passages within the applicable BES shall be met; and, (ii) Where a block length exceeds the maximum for the applicable Transect Zone, 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. Where the applicant’s property is not adjacent to a public street, a public lane, newmew, or path shall be established to the property line to or to the nearest existing pedestrian infrastructure that provides perpendicular connectivity. C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and Secondary Streets are contained within the Building Envelope Standards for each Transect Zone. D. Primary and Secondary Building Façade determination. Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the street with the higher traffic count, except where: (1) The higher traffic count street is an Interstate or Interstate ramp; (2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count- street is labelled as a Secondary Street on the Official Map; Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (3) The lot has at least one hundred (100) feet of frontage on Market Street; or, (4) 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. All building facades parallel to other streets and public open spaces shall be Secondary Building Façades. E. Corner Radii; Clear zones. Corner curb radii shall be determined by Street Type within Article 11, Street Typologies. 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. F. 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. 8.05 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 Department of Public Works. B. Off-Street Parking placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street right-of-wayline. (2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may approve surface parking which is within the 25-foot setback and which is not hidden from view from the street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property; (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback; (c) the Frontage Buildout for the lot has been met; and Comment [PC3]: Not necessary as this section only applies “on a lot that complies with all requirements of the applicable BES”? Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (d) the overall site design of the property is found to be in conformance with the intent and purpose of the City Center Form Based Code District. (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. (a) This figure shall be reduced to eighty feet (80’) where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this eighty-foot (80’) area. C. Structured Parking Lot Placement. Any structure located within the Build-to-Zone may contain structured parking. NoAll such parking, however, shall be located within a depth ofset back at least 25’ atfrom all front building facades on the first story. Such minimum 25’ area shall contain allowable uses that are allowed in the Transect Zone. (1) Parking structures are exempt from the requirement that at least one building façade be located within a Build-to-Zone so long as Frontage Buildout requirements have been met by a principal building or buildings or liner buildings. A parking structure that is located to the rear of building(s) that comply with the Frontage Buildout for the applicable Transect Zone is exempt from glazing and door standards. D. Access to Off Street Parking. Alleys shall be the way to access 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 adjacent lots and across property lines is required, as stipulated in 14.07A and 13.01F of these Regulations. Corner lots shall access parking from the secondary street (see diagram below). 8.06 Special Standards A. Civic Sites. (1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (2) 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 Comment [PC4]: Is this section still applicable? Was drawn from the existing LDRs. Commission should review. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations 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-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in makings its determination: (a) Presence of a public design process and formal recommendation from the South Burlington City Council and/or School Board; (b) Consistency of the design with an adopted municipal or school building design policy (if one exists); (c) Consistency of the project with the written purposes of the applicable Transect Zone; and, (d) Advancement, where appropriate, of the project with design elements specifically encouraged within the applicable Transect Zone. (3) Exemptions. Expansions of or modifications to existing municipal school buildings shall be exempt from the following requirements within the BES for the applicable Transect Zone: build-to- zone, glazing, frequency of entrances, minimum story requirements, and percentage of building frontage buildoutrequirements within the building envelope standards for the applicable Transect Zone. (4) Limits of Authority. Civic buildings shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any non-civic buildings. B. Places of Worship. (1) 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-Zone, Glazing, Frequency of Entrances, and Frontage Buildout requirements within the Building Envelope Standards for the applicable Transect Zone. The Board shall consider the following in making its determination: (a) Consistency of the project with the written purposes of the applicable Transect Zone; and, (b) Advancement, where appropriate, of the project with specific design elements encouraged within the applicable Transect Zone. (2) Limits of Authority. Places of Worship shall not be exempt from any other Building Envelope Standards within the applicable Transect Zone except as apply to any non-civic buildings that are not used as Places of Worship. 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: Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (1) 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; (2) For mid-block lots, drive through service windows shall face the rear lot line. In the case of a mid-block through-lot, drive-through service windows shall face the side lot line opposite the primary building façade; (3) For corner lots, drivethrough service windows shall be hidden by the building on along all public streets (see diagram below); (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any two (2) required minimum two (2) story standardrequirement; and, (5) Applications for a drive-through facility shall submitnot be deemed complete without a mandatory technical review by a traffic consultant to determine adequate stacking lane length. D. Service Stations. Service Stations are permitted in the rear, in mid-block and alley -accessed locations provided they comply with the all of following standards: (1) No service station shall be located within 300 linear feet of a civic site; (2) 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; (3) For mid-block lots, fuel pumps, fueling canopies and commercial electric car charging stations shall face the rear lot line; (4) For corner lots, fuel pumps, fueling canopies and commercial electric car charging stations shall be hidden by the building onalong all public streets (see diagram belowabove) (5) Service stations shall conform to all applicable BES and shall not be exempt from any two (2) required minimum two (2) story standardrequirement. E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (2) 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. F. Required Minimum Stories, Combined Stories. (1) Building Stories. Where these Land Development Regulations establish a required minimum number of stories, all storieseach story above the ground story up to and including the minimum number of required stories shall: (a) Contain a floor area of 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 directly above the story below and form an extension toof the building facade for at least 75% of the building facade on all primary and secondary frontfacades. (2) Combined stories. A For each story in a building containing one or more stories whose with a floor-to-floor height that exceeds the maximum height of a storyin the applicable tTransect zZone, the number of stories shall be calculated as having a story for each amount of height up to and equal to the next full story by dividing the proposed floor-to-floor height by the number of feet equal to the maximum story height and rounding up to the next whole number. (example: a 20’ high story in a 14’ maximum upper story height BES is two stories) Example: a 20’ floor to ceiling height in a Transect Zone whose maximum story height is 14’ will count as two stories for the purposes of calculating the maximum allowable number of building stories in a Transect Zone). Nothing in this subsection, however, shall be construed to alleviate the requirement for the minimum number of building stories, as outlined in subsection (1). For the purposes of calculating the minimum number of building stories in any Transect Zone, however, combined stories shall not be considered to be more than one story. to be met where required. G. Rooftop Elements and Uses; utilities. (1) 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 themselves designed in themselves so that they are balanced and integrated with respect to the design and materials of the building. Such rooftop devices shall not be counted as a “story.” (2) Flat Roof Designs. Where flat roofs are used, architectural elements such as cornices shall be included. Any such cornice or similar design shall be installed along all primary and secondary building façades. (3) Rooftop Use and structures. A rooftop may be used for any use permitted for the building. Enclosed or partially-enclosed building features, including conditioned space are permitted and shall not be considered as an additional story, subject to the following conditions: (a) The total area of all such features, including elevator shafts, building space, garden sheds, permanent awnings or breezeways, or architectural features such as clock-towers or Comment [PC5]: This section has been reworded for clarity. Staff and Legal Counsel still reviewing final language. We may propose to include a diagram. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations spires, shall not exceed the greater of 200 square feet or 20% of the area of the upper-most story of the building, whichever is greater and, (b) The height of any such features doesshall not exceed 14’ above the maximum height of the of the building (measured as maximum stories x maximum height of each story. (4) Utility features. Utility features, such as generators, gas lines or meters, or electrical meters, shall not be located on any façade parallel to and adjacent to a street and shall be screened from view of any such street. On-building fire hydrants shall be exempt from this subsection. H. Alternate Compliance for Entrances in T4 (1) Authority. The Development Review Board shall have the authority to review and approve, approve with conditions, or deny an application for development that differs from the strict requirements of Section 8.13(C)(6) [T4 Urban Multi-Use District Building Envelope Standards, Entrances] subject to the standards and limitations below. (2) Entrance standard intent. It is the intent of Section 8.13(C)(6)(a-e), in concert with other standards of Section 8.13, to establish a regular, consistently pedestrian-friendly environment in the applicable district. The presence of regular, oOperable, entrances entryways is designed to foster a built pattern consisting of attractive, engaging, and interactive built forms. Users along a street are presented with an inviting street presence of the building and are engaged throughout its length. This section is also intended to support the viability of activities within adjacent buildings (existing or future) by creating a pedestrian environment where the user has reason and interest to walk the entire length of a building and engage with the next building rather than have an uninviting and unengaging environment where a user would turn around. (3) Standards for review. In making its determination, the Development Review Board shall consider the following standards: (a) The Board finds that the alterative design advances the specific objectives of the Central District of the Comprehensive Plan in a manner that is equal or greater than the standard contained within the BES. (b) The Board finds that the alternative design advances the Purpose of the DistrictTransect Zone as stated in these Land Development Regulations in a manner that is equal to or greater than the standard contained within the BES. (c) The Board finds that the alterative design advances the Intent of the standard as stated in this Section in a manner that is equal to or greater than the standard contained within the BES. (d) Any proposed alternative shall be incorporated along all facades of a building for which the entrance standards apply which alternate compliance is being sought and shall be distributed along the entire façade in a manner which meets or exceeds the average frequency and maximum spacing as required by the BES. (e) Any proposed alternative shall be not be counted or calculated as meeting or contributing to any other required element or financial obligation of these Regulations. (f) Any proposed alternative shall servicefulfill its function in all seasons. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (g) Creative alternatives are encouraged. Any proposed alternatives, however, shall consist of original design elements. In the case of artwork, only Commissioned artwork shall be considered. 8.07 Prohibited Materials The following is a list of materials that are strictly forbidden as exterior finish materials, on all sides facing a street right-of-way, public right-of-way, pedestrian passages or public civic space, in all City Center districts: A. All types and form of vinyl siding or vinyl finishing products. B. External Insulation and Finish System (EIFS) C. Stucco D. Plywood (excluding Marine Grade plywood) E. Chain-link fence F. T1-11 G. Concrete block, cinder block H. Tar paper I. Tyvek or equivalent 8.08 Open Space Requirements A. Purpose. The open space standards contained herein are established to provide for the creation or improvement of open spaces in both residential and non-residential developments located in the City Center FBC District. Establishment, enhancement, and preservations of open space serve multiple purposes, meeting recreational needs of residents, visitors, and employees. These open spaces define the distinctive character of the community and are intended to provide a pleasant interlude in the urban environment, serve as a source of great civic pride, and render the area more attractive or attract new residents and businesses to the community. They can also be combined to serve multiple simultaneous purposes, including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may provide the breathing space, visual and psychological relief, and other needs of community residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city. The standards set forth below establish regulations for open space in residential, non-residential, and mixed-use developments. It is the City’s intent that all qualifying Open Spaces shall be high quality, usable and serve the purposes listed above. Qualifying open space must clearly be planned for that purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity. In making the final determination of whether, and how much, the proposed open space meets the City’s requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the purpose statement of this subsection. AB. 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: Comment [PC6]: Proposed addition. 11/6/2015. Legal Review to be completed. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations Table 8-1 Open Space Requirements Transect Zone Residential /Non- Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non- residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm. Residential, Less than 10 Units Residential All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 10-19 Units Residential All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits. No public realm requirement for residential component. Residential, 20 or more Units Residential All 60 Square Feet 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 non- residential building gross floor area May locate qualifying open space off-site or purchase credits. Whether on or off site, 75% must be part of the public realm. Non- Residential >20,000 SF 6% of non- residential building gross floor area Qualifying open Space must be included located on site. Whether on or off site, 75% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be included located on site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be included located No public realm requirement for residential Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations on site; 50% or more must be commonly accessible to all tenants/residents. component. Residential, More than 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be included located on site; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. T3/T3+ Non- Residential All 6% of non- residential building gross floor area Qualifying open Space must be included located on site. Whether on or off site, mMinimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be includedlocated on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be includedlocated on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, More than 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be included on site; 40% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. (1) Mixed uses. Where a building orlot contains both residential and non-residential uses, the building shall meet the minimum open space requirements in Table 8-1 for each type of use shall be met. Total square footage for The gross floor area of the non-residential spaceuses on the lot shall be that which is the sum of the gross floor area of each building on the lot less the sum of the square footagearea of theeach residential units on the lot. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations CB. 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 Indoor Park / Atrium 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 (as restricted in Appendix F) 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) DC. General Open Space Notes (1) In all Transect Zones, only Open Space areas meeting the requirements of Appendix F and this article shall count towards the minimum qualifying Open Space minimum requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Open Space. A divider between a parking lot and a qualifying street type shall be considered qualifying Open Space where applicable and allowable. Comment [PC7]: Propose to remove snippet. Not clearly defined. Comment [PC8]: Propose to add indoor atrium / park. This is defined in the matrix but was not used in this table. Comment [PC9]: Propose to remove. Instead define within other categories in the matrix (green or plaza) Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations ED. Locating Open Space Off-Site (1) Qualifying Oopen space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site open space must meet the goals, definitions, and palette included above. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land area refers tois an area of land within the City Center Form Based Code zoningFBC dDistrict that feasibly can be feasibly developed with into residential uses or mixed uses development determined in accordance with regulations of this Chapterthe Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not count towardsbe designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to makeing this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If such a finding is made, no more than 50% of the open space requirement per lot may be accounted for in this wetland.If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. FE. 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 Spacecontribute to a designated City Fund that shall be used to acquire Open Space and/or for Open Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 DistrictsTransect Zones, 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 DistrictTransect Zone, 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 Spaceno more than 50% of the minimum required qualifying Open Space for any parcel of two (2) acres or more. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Open Space Percentage Requirement per Table 8-1 Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 DistrictsTransect Zones. FG. 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 CodeFBC District, a portion of the minimum landscaping budget may be used for art, civic decorative 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. Table 8-3. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 60% Palette includes artistic commissioned sculptures (excluding signss), fountains, substantial ornamental planters, artistic ornamental or commissioned benches*, and artistic ornamental or commissioned bicycle racks* T4 40% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for community gardens, gazebos for common use, and rain gardens (as restricted in Appendix F). *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. H. Maintenance. All qualifying open space areas, and elements contained within, shall be maintained in good condition and the entire area shall be kept clear of debris. Failure to maintain the area shall constitute a violation of these Regulations. 8.09 Uses Allowed and Changes of Use. A. General Provisions. Within the Transect Zones, all uses shall be allowed except as specified in Table 8-4, Table of Uses, these Land Development Regulations, other applicable cCity ordinances and regulations and by state statute or applicable state regulation. In Table 8-4 below (Transect Zone Table of Uses), where a use is not listed as prohibited within a specific Transect Zone, it is allowed in that Transect Zone pursuant to these Land Development Regulations. Comment [AL10]: New wording to be more clear on intent Comment [PC11]: Proposed addition. 11/6/2015. Legal Review to be completed. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations B. Nonconforming structures. Table 8-4, Transect Zone Table of Uses, indicates uses that are prohibited in each Transect Zone for structures that are not in full compliance with the applicable Building Envelope Standards. See also Section 8.11 for nonconformities. Table 8-4. Transect Zone Table of Uses Transect Zones Table of Uses Non-Conforming Structures, all Transect Zones T3/ T3+ T4 T5(1) Adult use Prohibited Prohibited Prohibited Prohibited Airport Uses Prohibited Prohibited Prohibited Prohibited Animal shelter Prohibited Prohibited Prohibited Prohibited Auto and/or motorcycle sales Prohibited Auto and/or motorcycle service & repair Prohibited Auto rental, with optional private accessory car wash & fueling Prohibited Cannabis dispensary (cultivation only) Prohibited Prohibited Prohibited Prohibited Car wash Prohibited Commercial kennel, veterinary hospital and/or pet day care Prohibited Prohibited Prohibited Prohibited Drive-through establishments, except financial institutions Prohibited Prohibited Drive-through financial institutions Prohibited in T3 and T3+ Prohibited Equipment service, repair, and/or rental Prohibited Junk yard Prohibited Prohibited Prohibited Prohibited Lumber and/or contractor’s yard Prohibited Prohibited Prohibited Prohibited Manufacturing / assembly from previously prepared materials & components Prohibited Mobile home, RV and/or boat sales, repair & service Prohibited Motor freight terminal Prohibited Prohibited Prohibited Prohibited Service Stations Prohibited Transportation services Prohibited Prohibited Prohibited Prohibited Warehousing & distribution Prohibited Wholesale establishments Prohibited Bottle redemption centers Prohibited Outdoor storage in connection with any permitted use, except for dumpsters which must be reviewed for adequate screening during the development approval process Prohibited Uses that require regular (1 trip weekday or greater) trips using 24,000 lb. vehicles Prohibited in T3 and T3+ Prohibited ALL OTHER USES Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (1) Note: in the T5 District, ground-level residential uses are prohibited. For the purposes of this subsection, residential uses include dwelling units and any other form of permanent housing including but not limited to group homes, residential care homes, congregate care, assisted living, continuum of care facilities, group quarters, or hospices. C. Changes of Use. Changes of Use within the Form Based Code shall require site plan approval if: (1) Changes are proposed to the Site Plan; or, (2) Except within the T5 District, the change in use will result in an increase of 75 PM Peak Hour Vehicle Trips or 25% of the total PM Peak Hour Vehicle Trips for the subject property as defined within these regulations, whichever is greater. 8.10 Review 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. Planned Unit Developments are not permitted 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 8 shall remain with the Development Review Board and shall not be delegated to Administrative Review. Any authority granted to the Administrative Officer shall remain with the Administrative Officer except upon appeal of the Administrative Officer’s decision. 8.11 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. Nonconforming uses may be continued provided the conditions in this Section are met. (2) Repair and Alterations. Repair and alterations, including structural alterations, may be performed on any structure that is devoted in whole or in part to a nonconforming use, provided the comply with the Code, including any limitations on any conforming structures. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations (3) Extensions/Expansions (a) A nonconforming shall not 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 only may be changed to a use allowed in this applicable Transect Zone. 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. (a) 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) Abandonment. See Section 3.11(G) C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided the comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi- tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Damage to Nonconforming Structures. See Section 3.11 (F) D. Extensions/Expansions (1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be 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 Figure 8-1. (2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be altered in a manner that increases the nonconformity by no more than the percentage of the existing gross square footage listed below in Table 8-4. See Figure 8-1 Table 8-4 Extensions / Expansions Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations Structure Size <1,000 SF GFA 1,001 – 2,500 SF GFA 2,501 – 5,000 SF GFA 5,001 – 10,000 SF GFA 10,001 – 20,000 SF GFA Percent Permitted 75% 35% 30% 25% 10% Example: a 20,000 sq. ft. structure may be enlarged or altered in a nonconforming manner (expand to side by a maximum total of 2,000 sq. ft.) 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 these Regulations. F. Open Space (1) Purpose: To create a fair and equitable transition from the prior requirements for a maximum lot coverage percentage to the new requirements for a minimum amount of Qualifying Open Space. (2) Where any of the following apply, the applicant shall be required to obtain approval from the Development Review Board or Administrative Officer for the identification of approvable open space prior to any Land Development: (a) A proposed addition to a non-conforming building exceeds 5,000 square feet GFA; (b) Lot coverage is proposed to increase by at least 1,000 square feet or 1% of the lot area, whichever is greater; or (c) A portion of a lot developed with one or more building is proposed to be subdivided,. (3) The identification shall be completed as follows: (a) The applicant shall identify, on a plan, Qualifiable Open Space area(s) for the lot, or in the case of a subdivision, lots, totaling no less than the minimum required percentage of Qualifying open space percentage listed in Table 8-1 (Open Space Requirements), based on the existing uses and buildings on the lot(s); (a)(b) At the time of identification and approval, the applicant shall not be required to enhance any qQualifiable open spaces to meet any of the additional requirements of Appendix F for any pre-existing buildingsor to locate such Qualifying open space on-site, except: (i) IfWhere more than 50% of the Qualifiable Open Space consists of impervious areas, anythe amount of such impervious open space amounts above that exceeds 50% shall be required to enhanced the required amount of the identified qualifiable Open Space to full compliance with Appendix F and such Qualifying Open Space shall be located on-site as depicted on the plan; (b)(c) Any new buildings or expansions of existing buildings shall be required to comply with all Open Space Requirements of Section 8.08 8.8.04 (Open Space Requirements); and, (d) An application to expand an existing building on a lot for which qQualifiable Open Space has been identified and approved may meet its minimum Qualifying open space requirements in Table 8-1 by enhancing the minimum required amount of the identified qQualifiable Open Space Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations to full compliance with Appendix F and locating that Qualifying Open Space on-site as depicted on the plan. The identification of approvable open space shall be a one-time requirement. No further such approval shall be required unless the applicant requests a modification of areas identified and approved as Qualifiable Open Space. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations Figure 8-1 Nonconformity Build-to Requirements A. FRONT: ADDITION Any addition to the front must move toward build to zone. The addition does not have to meet the frontage buildout. A. FRONT: NEW BUILDING A new building must be placed in the build to zone until the frontage buildout has been met. 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 frontage buildout 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 frontage buildout has been met. Permitted Permitted Permitted Not Permitted Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations 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-Zone. Not Permitted Not Permitted Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations *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-Zone 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 Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 South Burlington Land Development Regulations * 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. 8.15 – 8.18 [Reserved] Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 11-1 The following amendments to Article 11 are shown as underline / strikethrough from the draft warned for the Planning Commission’s 11/10/2015 public hearing. They are proposed by staff via the City’s Legal Counsel. 11 TRANSECT ZONE STREET TYPOLOGIES 11.01 Applicability A. General. This Article provides standards which shall be followed for the construction of new streets and reconstruction of existing streets within the City Center Form Based Code District and is intended to provide a catalog of preapproved street types. Article 15 contains additional applicable standards. B. Specific Requirements and Modifications. All streets shall be constructed with sidewalks, greenbelts, bike facilities, medians, travel lanes, and on-street parking as specified for each street type, unless an alternative is approved by the Development Review Board, as specifically authorized within Section 11.06. C. Review Authority. Notwithstanding any provision to the contrary within these Land Development Regulations, authority under this Article 11 assigned to the Development Review Board shall be reviewed by Development Review Board. 11.02 Street Types A. Intent and Purpose. The community role and traffic tolerance is the intent and purpose of theeach street type in South Burlington and should be considered throughout the design process. B. Intended Uses and Activities. Intended uses and activities are the most likely uses of the street as envisioned by the community. The arrangement from left to right shall be the order in which decisions are weighed between the listed competing uses and activities as they apply to design considerationsare weighed and considered in deciding the appropriate street type and aspects of the design of the street. C. Standards. Street Design standards Tables 15-1 – 15.1E and Article 11 of these Regulations specify the street design standards that shall be followed in designing, redesigning, modifying, or reconstructing a street, except as follows: (1) Street, streetscape and any other construction or improvements along or within the existing or proposed right-of-way for Market Street, Garden Street and Midas Drive and for the Williston Road intersections of Midas Street/White Street and Patchen Road/Hinesburg Road shall conform to engineered plans developed by the City and as modified by the Director of Public Works. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 11-2 11.03 New Streets A. Where a proposed street is required, it shall be constructed in conformance with the applicable street type standards B. Determination of applicable street types. The applicable street type standards for each section of roadway shall be determined as follows: (1) Any street type listed for a specific section of roadway on the Official Zoning Map shall be the applicable the street type for the purposes of these regulations. (2) Any street type listed for a specific section of roadway on the Official Map shall be the applicable street type for the purposes of these regulations (3) Where a new street, mew, mid-block lane, or other similar roadway is required or proposed, the Development Review Board shall determine the applicable street type. (a) Any such determination shall be based upon a review of supporting documentation from the applicant (or City, at its discretion) which shall consist, at a minimum, of the following information: (i) A statement of the proposed street type and specific reasons for the choice of proposed street type; (ii) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other relevant information; and, (iii) A statement of compatibility with the present and anticipated improvements to adjacent roadway sections. (b) In makings its determination, the DRB shall consider the following: (i) Only street types listed as “allowable street types” on in the relevant Building Envelope Standards shall be eligible; (ii) The intent of the potentially applicable street typologies; (iii) The anticipated adjacent development patterns; (iv) Planned, proposed, or anticipated connections and extensions from existing roads; (v) Facilities needed to accommodate anticipated users, including vehicles, pedestrians, and cyclists; (vi) Long range studies, capital plans, the Comprehensive Plan, and related planning & policy documents prepared by or with the City of South Burlington; and, Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 11-3 (vii) Recommendations from the Public Works and Planning & Zoning Departments. 11.04 Existing Streets A. Extension or Substantial Rebuilding. An existing street shall not be extended or substantially rebuilt, as determined by the Development Review Board as applicable, except in conformance with this Article and Article 15. B. Minimum Requirements. A proposed new construction or extension/expansion of an existing structure exceeding the thresholds listed in Section 8.06 8.09 (D) of these Regulations, whether conforming or non-conforming, shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture (trees, benches, etc.) to the standards contained within the applicable Street Type and Building Envelope Standard. Nothing in this subsection shall be construed to limit requirements for additional upgrades as necessary to meet the requirements of these Regulations. C. Maintenance. Street repairs undertaken as part of an annual operating budget are not subject to meeting the street type standards. 11.05 Design Controls A. Design Speed and Design Vehicle. The specified design speed and design vehicle shall be applied as design controls, unless an alternative is approved by the Development Review Board based on site specific considerations. Target speed shall not be used as a design control per se, but should guide decisions within the given range of potential values based on the selected design speed. B. Bikeways. Where another plan or ordinance specifies a higher class of bikeway, said document shall supersede the typology. C. Curb Radii. The physical curb radius may be greater than the specified range, but only if the effective radius remains within the range. Example: where a bump-out or neck-down extends the curb. D. Bus Routes. When the specified design vehicle is smaller than the transit vehicle on street segments occupied by either operating or planned fixed route service, the design vehicle shall be adjusted to match the transit vehicle. However, the design of the curb radii should only be altered at corners affected by routine turning movements by the transit vehicle. E. Wetlands and Conservation Areas. Where any street type crosses a wetland or traverses a conservation area on both sides of the ROW right-of-way, the minimum pavement width of that section of the street may be reduced to 18’. Proposed amendments to draft LDRs Planning Commission public hearing November 10, 2015 11-4 F. Cross Section Graphics. The cross sections depicted for each street type do not specify the required cross section for that street type. The cross section graphics depict a typical envisioned street design based on the dimensional standards. 11.06 Modifications A. General. The Development Review Board may specifically authorize modification of the City’s Roadway standards in the Transect Zone Street Typologies. Any such authorization shall be based upon a review of a specific request from the applicant or the City which shall consist, at a minimum, of the following information: (1) A statement as to the specific design standard or feature for which a modification is being requested and a discussion of each proposed feature of the project which does not comply with the standards; (2) The significant reason(s) why the cited standard cannot be achieved; (3) Estimated costs to construct to the standard and to the proposed design (if available); (4) The project traffic volumes, including trucks, pedestrians, and bicyclists, and other relevant information; (5) A statement of compatibility with the present and anticipated improvements to adjacent sections; (6) A review of accident data for the site to determine if the types of accidents occurring are or may be related to the proposed feature; (7) A discussion of practical countermeasures that will be employed to reduce the frequency and severity of future accidents; and (8) A statement of recommended action, including other mitigating features as appropriate. B. Determination. In makings its determination, the DRB shall consider the following: (1) tThe purpose of the districtTransect Zone in which the project is located; (2) tThe intent of the applicable street typology; (3) tThe minimum street standards needed to accommodate the stated design vehicle; and, (4) rRecommendations from the Department of Public Works, the Fire Department, and the Department of Planning & Zoning, Department as appropriate. Any modification shall represent the minimumleast deviation possible from the purpose, and intent andof the minimumal design vehicle standards. Plaza/Square Green Pocket/Mini Park Playground Outdoor Café/ Restaurant Seating Sun Terrace Snippet Indoor Park/Atrium Courtyard Wooded Area Community Garden Rain Garden Mew Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Description Primarily hard-surface space. Informal and centralized public, civic space or common/shared private space for residential use or campus-style development. Small open area tucked between buidlings on a separate lot or portion of a lot. Programmed space and/or structure that serves the recreational needs of children in the immediate vicinity. An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Small, intimate sunny sitting space attractive and welcoming to those in immediate vicinity or passing by. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Naturally occuring area with predominance of canopy trees with enhancement and public access. Land set aside and maintained for production of food to be used primarily for participating gardeners. A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimimally necessary for water resource management. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus-style Development: 0.5-3 acres. 2,000-10,000 sq. ft.Play area shall be a minimum of 2400 square feet. Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Maximum of 2,000 sq. ft.Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall projected onto the floor plane. 5,000-20,000 sq. ft.2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 8' minimum width; 24' maximum width.50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's market For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of-way via direct walkway; Access from several locations encouraged. Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Accessible from Public Right-of-Way or adjacent to private sidewalk. Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Accessible from public streets.Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space availble and inviting to the general public. Physically defined by surrounding buildings on three sides (outer) or four sides (inner) Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. May not be located in any class wetland or wetland buffer. Shall have proper drainage. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the mew. Must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Seating*, Tables, Etc. Minimum one seating space for each 150 sq.ft. of plaza area. Minimum 3 seats. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds or public picnic tables. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. Specifically, resin seating shall not be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. Functional for sitting and viewing; seating can be ledges, stairs, benches, chairs. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 3 Light enhancement expected. Must include improvements, including cleared paths and benches. None required. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating intended to enhance the garden are required an d can be counted as part of the required open space. One seating space for each 150 sq.ft. Seating is encouraged, but there shall be no minimum requirement. If functional for sitting and viewing, seating can be ledges, benches,and/or stairs. Landscaping, Design-Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature. Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Turf and landscape plantings to promote shade over at least 25% of area; Appropriate ground material- rubber or woodchips. Plantings for articulation of space encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. For optional separated seating areas, use planting boxes, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Surface will predominantly be hard pavement. Add planting where appropriate. Shade trees to be kept minimal as primary purpose is to serve as bright and sunny. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Deep rooted native plants and grasses.If paved, area shall provide trees at no more than 30 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. LID techniques; no fencing permitted. Commerical Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permitted Not permitted May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. Not permitted 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted.Not permitted. Not permitted.40% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted.Not permitted. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind. No requirements Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight encouraged to most of the occupied area at lunchtime. No requirements Sunlight to sitting areas for most of day.No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day.No requirements Full sunlight. Appropriate to the plant species selection. Sunlight to most of the occupied area at lunchtime. Shelter from wind. No requirements. Appropriate to the plant species selection. Other Shall include minimum components:3 low child- sized swings; 1 toddler sized swing; 2 slides; one or more play houses. See LID language for additional standards. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant-owned property. Notes: Seating dimensions: *Required dimensions for one seating space or one seat are as follows: Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seat Materials Resin and similar products are prohibited as a primary material in any seating, tables, or other furniture. All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. Appendix F - GUIDELINES FOR OPEN SPACE in CITY CENTER