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Minutes - Planning Commission - 12/12/2017
SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 12 DECEMBER 2017 The South Burlington Planning Commission held a regular meeting on Tuesday, 12 November 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; M. Ostby, A. Klugo, T. Riehle, D. Macdonald, M. Mittag, B. Gagnon ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; S. Hainley; B. Shearer; residents 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: Ms. Louisos noted that due to the snowstorm, the following items would be postponed to the next meeting: • Agenda item #5, 1225 Dorset Street. Requestor asked for the item to be moved to the next meeting • Agenda item #6A, Gene Beaudoin. Requestor asked for the item to be moved to the next meeting. Commissioners agreed to both modifications to the agenda. 3. Open to the public for items not related to the Agenda: No comments. 4. Planning Commissioner announcements and staff report: Commissioners and staff provided brief summaries of recent work and an upcoming webinar. 5. Continued review and possible decision on Request for Boundary Line Determination – Isham Parcel, 1225 Dorset Street: Postponed as discussed above. 6. Consideration of initial requests for amendments to the Land Development Regulations: a. Requests in the Mixed Industrial-Commercial District, Gene Beaudoin, Saxon Partners: i. Request to separate “Wholesale Club” use from “Retail” and to allow Wholesale Club in the Mixed Industrial‐Commercial District ii. Request to allow multi‐family dwelling units in the Mixed Industrial‐Commercial District, within 500’ of zoning districts that allow multi‐ family dwelling Postponed as discussed above b. Request to allowed increased lot coverage in the Commercial 1-Auto district, Stephanie Hainley, White + Burke Ms. Hainley and Mr. Shearer provided an overview of their request, to allow for a greater lot coverage in the C1-Auto district. Staff and Commissioners discussed the proposal. Staff was directed to further look into options including connecting a lot coverage increase with a possible requirement for the installation of high quality open spaces similar to those in the City Center Form Based Codes district. 7. Continued Review of proposed amendments to the City Center Form Based Code: Mr. Conner reviewed the proposed amendments as directed by the Commission at its October 24th and November 28th meetings. Commissioners discussed. Mr. Klugo requested that the T3 “carriage house” allowance include a statement that the carriage unit on a lot be visually subordinate to the principal unit. Mr. Conner said that at the next meeting, these and other recent amendments would be ready for the Commission to warn a public hearing if they chose. 8. Continued review and action on 2018 Chittenden County Regional Planning Commission Unified Planning Work Program requests. Members reviewed the draft list of requests prepared by staff. Mr. Conner provided an overview of the projects. Commissioners discussed the possible east-west roads request. Mr. Conner noted that there is some good information in the 2001 East West Roads study and 2007 Dorset Street Corridor study that remain relevant today and that a review of this information would be a useful first step. Commissioners determined that in order to best clarify what study it might want to request of the CCRPC, it should review these previous studies and discuss the subject in greater detail before making a UPWP request. Mr. Gagnon moved that the proposed project list be recommended to the City Council as presented, without the east-west roads item. Mr. Klugo seconded. Approved 7-0. 9. Road name requests: Long Drive and Short Drive, Highlands Development Mr. Conner outlined the request. Mr. Klugo felt there should be a single street name. Mr. Gagnon moved that Long Drive be approved, and that if the applicant should choose to submit a new name for consideration, that would be considered. Mr. Klugo seconded. Motion approved 6-1, with Ms. Ostby voting against. 10. Minutes of 28 November 2017: Mr. Gagnon moved to approve the Minutes of 28 November 2017 as written. Mr. Macdonald seconded. Motion passed 7-0. 11. Other business: a. Update on cell tower pre-application, Dorset Street Mr. Conner provided a brief status update. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:14 p.m. Minutes approved by the Planning Commission April 24, 2018 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 TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: PC Staff Memo DATE: December 12, 2017 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Continued review and possible decision on Request for Boundary Line determination – Isham parcel, 1225 Dorset Street (7:20 pm) See enclosed staff memo, maps, and draft decision. 6. Consideration of initial requests for amendments to the Land Development Regulations: a. Requests in the Mixed Industrial-Commercial District, Gene Beaudoin, Saxon Partners: i. Request to separate “Wholesale Club” use from “Retail” and to allow Wholesale Club in the Mixed Industrial-Commercial District (7:35 pm) ii. Request to allow multi-family dwelling units in the Mixed Industrial-Commercial District, within 500’ of zoning districts that allow multi-family dwellings (7:55) See the enclosed request, staff memo, and accompanying information. These two items are addressed together. b. Request to allowed increased lot coverage in the Commercial 1-Auto district, Stephanie Hainley, White + Burke (8:10 pm) See the closed request and memo from Cathyann LaRose 7. Continued review of proposed amendments to the City Center Form Based Code: Transect 3 Purpose Statement, Building design, Form, and Parking; Off-site Open Space & landscaping; Prohibited materials; Accessory Structures; Buffer strip screening; Technical corrections (8:30 pm) Enclosed are draft amendments, updated from your last discussions on October 24th and November 28th, as well as some supporting documents. The draft amendments are annotated with your prior input for your use. 8. Continued review and action on 2018 Chittenden County Regional Planning Commission Unified Planning Work Program requests (8:55 pm) See the enclosed memo & recommendations. Once the Commission is comfortable with its requests, a motion to approve and submit to the City Council would be the next step. 9. Road name requests: Long Drive & Short Drive, Highlands Development (9:05 pm) See enclosed memo. These streets are located off Golf Course Road as part of the Golf Course. 10. Meeting Minutes (9:10 pm) Draft minutes from 11/28/17 are enclosed for your consideration. 11. Other business (9:12 pm) a. Update on cell tower pre-application, Dorset Street Staff has been in communication with Verizon’s representative. They’ve provided us with the evolution of their design to get to this present application. They also engaged a landscape architect to make a site visit and explore alternatives. Staff joined the landscape architect and project representative at the site to discuss this week. Recommendations have not yet been completed. 12. Adjourn (9:15 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Interpretation of Zoning District Boundaries for 1225 Dorset Street DATE: December 12, 2017 Planning Commission meeting At the last Planning Commission meeting (November 14th), the Planning Commission considered a request for a zoning boundary line interpretation at 1225 Dorset Street. See the memo in that meeting’s packet for the initial staff analysis. At the conclusion of the meeting, staff was asked to follow up on two aspects of the request. These, and the responses, are below: 1. Determine the format of the decision to be issued by the Planning Commission The Planning Commission is recommended to have this decision be issued in writing, with findings & conclusions, and a formal vote of the Commission. Staff will prepare an outline of this for the Commission to modify and take action on at this or a subsequent meeting. 2. Perform a short analysis of the history of planning / mapping for this property Staff was asked to look into our files to help determine how this property came to be wholly contained within the SEQ-Natural Resources Protection District. In the past week we took a look at our files relative to this property and general Southeast Quadrant planning. As you know, there is a LONG history of planning in this part of the City. While we can provide the Commission with any and all reports & documents from over the years, we’ve tried to pick out some key pages of documents that illustrate what the Commission was looking for. First, a brief history of planning in the SEQ: Prior to 1990, the entire SEQ was one zoning district. Properties under 50 acres in size could be developed at a density of one unit per 10 acres, and parcels over 50 acres in size could be developed at a density of two units per acre. Following significant planning efforts & studies in the late 1980s, a new plan & zoning system was established. Density was limited to 1.2 dwelling units per acre, and these could be moved from mapped “restricted” to “development” areas. Limited development was allowed in restricted areas. In the mid 2000s, a second round of extensive studies were completed, which led to the current plan & zoning, which has “sending” districts (Natural Resource Protection, principally) and “receiving” areas (including the Neighborhood Residential Village Residential, and Village Commercial). Enclosed maps We have enclosed several maps for the Commission’s consideration: 1. South Burlington Planning Study: Public Improvements and Scenic View / Natural Areas Protection Study, 1989: a. Development Based Plan b. Draft Official Map 2. South Burlington Comprehensive Plan, 2001 a. Southeast Quadrant Goals-Based Plan map 3. South Burlington Zoning Regulations, Effective August 28, 2001 a. Southeast Quadrant Official Zoning Map 4. South Burlington Open Space strategy, 2002 a. Map of woodland and forest cover areas 5. South Burlington Official Map, 2004 6. Southeast Quadrant rezoning concept, circa 2005 7. South Burlington Land Development Regulations, Effective April 24, 2006 a. Southeast Quadrant Zoning Map 8. South Burlington Comprehensive Plan, 2016: a. Current Land Use b. Future Land Use 9. South Burlington Land Development Regulations, Effective July 11, 2017 a. Zoning Map, Effective April 11, 2016 3. Next steps Based on the Commission’s prior discussion, staff has prepared a draft decision for the Commission’s consideration. The Commission can make modifications to this draft decision it wishes. Following conclusion of the meeting on this subject, the Commission will have 30 days in which to issue the decision. If the Commission is prepared, it can choose to take action at this meeting. BURLINGTON BURLINGTONESSEX JUNCTION Shelburne Bay COLCHESTER WINOOSKI SHELBURNE E S S E X WILLISTONSHELBURNE RDDORSETSTS WIFT ST WILLISTON RD SPEARSTHIN ESB UR G R D89 189 Map 1 Current Land Use Comprehensive Plan City of South Burlington, VT February 1, 2016 Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map1_CurrrentLandUse.mxd 0 0.5 10.25 Miles Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Land Use Commercial/Industrial Condos/Apartments Low Density Residential Public/Institutional Transportation/Utilities Agricultural Use Active Agricultural Small Scale Agriculture Farmers Market Community Garden Open Space/Farmland/Very Low Density Residential COLCHESTER WINOOSKI SHELBURNE E S S E X WILLISTONBURLINGTON BURLINGTONESSEX JUNCTION Shelburne Bay SHELBURNE RDDORSETSTS WIFT ST WILLISTON RD SPEARSTHIN ES B U R G R D 89 189 Map 11 Future Land Use Comprehensive Plan City of South Burlington, VT February 1, 2016 0 0.5 10.25 Miles Future Use of Land Categories Planning Underway Very Low Intensity - Principally Open Space Lower Intensity - Principally Residential Medium Intensity - Residential to Mixed-Use Medium to Higher Intensity - Principally Non-Residential Medium to Higher Intensity - Mixed Use Streams Waterbody Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map11_FutureLandUse.mxd Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions §¨¦89 §¨¦189 §¨¦89 R1-PRDR1-PRD R1-L R1 - L V South Burlington, Vermont ¹ 0 2,000 4,0001,000 Feet Data Disclaimer: Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Note: Parcel line data is provided for informational purposes only. The City reserves the right to update the Official Zoning Map with new parcel data as it becomes available. Transect Zone 1 Disclaimer: 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. Effective April 11, 2016 Zoning Map P:\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_Effective_2016_04_11.mxd Zoning Districts Residential Districts Residential 1 Residential 1 - Residential 2 Residential 4 Residential 7 Res 7-Neighborhood Commercial Residential 12 Lakeshore Neighborhood Queen City Park Form Based Code Districts Transect Zone 1 Transect Zone 3 Transect Zone 3 Plus Transect Zone 4 Transect Zone 5 Municipal & Institutional Municipal Park & Recreation Interstate Highway Overlay Institutional & Agricultural-North Institutional & Agricultural-South Southeast Quadrant Subdistricts Natural Resource Protection Neighborhood Residential North Neighborhood Residential Neighborhood Residential Transition Village Commercial Village Residential Commercial Districts Commercial 1 - Residential 12 Commercial 1 - Limited Retail Commercial 1 - Residential 15 Commercial 1 - Airport j j jjjjjjj Commercial 1 - Automobile Commercial 2 Swift Street Allen Road Industrial and Airport Districts Mixed Industrial & Commerical o o o o o oAirport Airport Industrial ((((( ((((( (((((Industrial & Open Space Districts Districts Districts City of South Burlington Southeast Quadrant Rezoning Concept Major Roads 0'250'500'1000'1500' Future Roads S w i f tS w i f t S t r e e t D o r s e t S t r e e tH i n e s b u r g R o a d M u d d yB r o o kW i l l i s t o n S h e l b u r n e I n t e r s t a t e 8 9 N o w l a n d F a r m R o a d C h e e s e F a c t o r y R o a d V a n S i c k l e n R dS p e a r S t r e e t S t r e e t E x t e n s i o n City Woods The Western Reserve R4 54.22 ac R4 36.95 ac R4 65.30 ac R4 69.00 ac R4 112.0 ac R4 67.50 ac R4 25.10 ac R4 65.37 ac R4 41.48 ac R4 11.54 ac R4 140.71 ac R4 39.88 ac R4 44.70 ac R4 15.45 ac R4 5.15 ac R7 50.12 ac R7 2.3 ac R4 28.94 ac R4 75.67 ac R4 86.50 ac VC-R 160.40 ac R-7 33.70 ac R-7 26.35 ac VC-R 32.0 ac Park 26.69 ac Park 17.00 ac 6.33 ac 1.23 ac VC 17.22 ac R4 136.57 ac R4 37.75 ac R4 49.44 ac 448.16 ac The Central Reserve 700.0 ac The Eastern Reserve 446.30 ac R4 11.84 ac 1 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CITY OF SOUTH BURLINGTON—1225 DORSET STREET REQUEST FOR ZONING BOUNDARY DETERMINATION #PC-17-01 FINDINGS OF FACT AND DECISION Zoning Boundary Determination Request #PC-17-01 of Richard Hamlin, P.E. on behalf of the Ila M. Isham Estate, 1225 Dorset Street. The Planning Commission held a public meeting on November 14, November 28, and December 12, 2017. Based on the materials contained in the document file further identified below, the Planning Commission finds and determines the following: BACKGROUND 1. The Requestor, Richard Hamlin, P.E., on behalf of the Ila M. Isham Estate, seeks a zoning boundary determination for the parcel at 1225 Dorset Street. 2. The owner of record of the subject property is the Ila M. Isham Estate. 3. The request was received on September 26, 2017. 4. The request consists of a one-page letter signed by Mr. Hamlin, dated September 26, 2017. 5. The Land Development Regulations in effect on the date of the submittal of this request were adopted effective July 11, 2017. DETERMINATION Applicable Zoning Map As a preliminary matter at their initial presentation, the Requestor indicated to the Planning Commission that they believe uncertainty exists in the applicability of the zoning map referenced in Section 9.04D. They indicate that the Land Development Regulations do not include a “Southeast Quadrant Zoning Map.” The Land Development Regulations include the following description of maps: 3.02 Official Maps and Other Maps A. Official Zoning Map. The Official Zoning Map describes the different and separate districts of the City of South Burlington set forth in Section 3.01. The Official Zoning Map is filed in the office of the City Clerk and is incorporated herein by reference. B. Overlay Districts Map. The Overlay Districts Map describes the different and separate overlay districts of the City of South Burlington set forth in Section 3.01. The Overlay Districts Map is filed in the office of the City Clerk and is incorporated herein by reference. 2 C. Southeast Quadrant Official Zoning Map. The Southeast Quadrant Official Zoning Map describes the sub-districts pertaining to the Southeast Quadrant District as set forth in Article 9 of these Regulations and is incorporated into the Official Zoning Map. In its review, the Planning Commission also examined prior versions of the Land Development Regulations. In prior versions, the Southeast Quadrant Zoning Map was published as a separate map to the Official Zoning Map. In the amendments effective February 8, 2011, the two maps were combined into a single map. No modifications of any kind related to the zoning boundaries applicable to 1225 Dorset Street were effectuated at the time of the combining of these two maps. Further, the Official Southeast Quadrant Zoning Map, as described above, contains all of the subdistricts applicable in the Southeast Quadrant. Based on this information, the Commission finds that the subject property’s zoning is depicted on the Official Zoning Map and is the appropriate map for its review of this request. Any differences in wording of the titles is immaterial. Applicable Standards of the Land Development Regulations The Requestor seeks a determination of the zoning districts applicable to the subject property. Two sections of the Land Development Regulations outline the Planning Commission’s authority and standards in making such a determination: 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map D. Interpretation of Sub-District Boundaries. In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning Commission define the location of the boundary with respect to the subject property. The Planning Commission shall consider such request at a meeting of the Planning Commission held within 60 days of receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for persons, including municipal staff, officials, and consultants, to present information relevant to the determination of the boundary location. The Planning Commission has the authority to invoke technical review of any such submittals or to gain additional information. Within 30 days following such meeting, or any continuation thereof, the Planning Commission shall determine the boundary location, giving consideration to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant chapter of the Comprehensive Plan. 3.03 District Boundaries A. Interpretation of District Boundaries (1) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the Planning Commission shall determine the location, aided by the rules set forth in this section. Requests for interpretation of district boundaries of or within the Southeast Quadrant shall be subject to the provisions of Section 9.04(D) of these Regulations. 3 (2) Boundaries indicated as approximately following the center lines of streets or highways shall be construed to follow such center lines. (3) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. (4) Boundaries indicated as following railroad lines shall be construed to follow the center line of the railroad right-of-way. (5) Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line such boundaries shall be construed as moving with the actual shore line. (6) Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (7) Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 4 above shall be so construed. Distances not specifically indicated on the Official Zoning Map or described under each zone shall be determined by the scale of the map. B. Interpretation by Planning Commission. Where physical or cultural features existing on the ground are inconsistent with those shown on the Official Zoning Map, or in other circumstances not covered by subsections 1 through 7 above, the Planning Commission shall interpret the district boundaries. In reviewing this request, the Planning Commission considered the Requestor’s letter, oral input by the Requestor, Staff oral and written input, and several maps of the area, discussed below. Pursuant to Section 9.04(D) the Commission reviewed a series of maps prepared over the course of the last 27 years in examining the original intent or purpose of designating the property as being contained within the Southeast Quadrant Natural Resources Protection subdistrict. Maps examined include the following: • South Burlington Planning Study: Public Improvements and Scenic View / Natural Areas Protection Study, 1989: o Development Based Plan o Draft Official Map • South Burlington Comprehensive Plan, 2001 o Southeast Quadrant Goals-Based Plan map • South Burlington Zoning Regulations, Effective August 28, 2001 o Southeast Quadrant Official Zoning Map • South Burlington Open Space strategy, 2002 o Map of woodland and forest cover areas • South Burlington Official Map, 2004 • Southeast Quadrant rezoning concept, circa 2005 • South Burlington Land Development Regulations, Effective April 24, 2006 o Southeast Quadrant Zoning Map • South Burlington Comprehensive Plan, 2016: o Current Land Use o Future Land Use 4 • South Burlington Land Development Regulations, Effective July 11, 2017 o Zoning Map, Effective April 11, 2016 These maps show a variety of different natural resources, planning concepts, and regulations affecting the parcel over the course of 27 years. Examining these as a whole, the Commission finds that there is no clear evidence that the current designation was made erroneously in the drafting of these present regulations or that the intent of this district is counter to the intent or purpose of these plans, concepts, and regulations. The Commission, therefore, looks to Section 3.03 of the Land Development Regulations to determine the present boundary. Pursuant to Section 3.03(A)(3), Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines. Based on the above standard, the Commission finds that where the zoning boundary lines appear to follow the property lines, they are to be construed as such. The Commission further finds no physical or cultural features existing on the ground that are inconsistent with those shown on the Zoning Map and that no other circumstances not covered in subsections 1-7 above are present. The Commission determines, therefore, that the subject property is entirely located in the Southeast Quadrant Natural Resources Protection subdistrict. SO DETERMINED Motion by ____________, seconded by ___________, to Determine that the parcel at 1225 Dorset Street is entirely contained within the Southeast Quadrant Natural Resources Protection sub-district: Jessica Louisos Yea Nay Abstain Not Present Michael Mittag Yea Nay Abstain Not Present Bernie Gagnon Yea Nay Abstain Not present Monica Ostby Yea Nay Abstain Not Present Duncan Macdonald Yea Nay Abstain Not Present Ted Riehle Yea Nay Abstain Not Present Art Klugo Yea Nay Abstain Not Present Motion ________ by a vote of – – . Signed this ____ day of __________________ 2017, by _____________________________________ Jessica Louisos, Chair Request to Amend the Land Development Regulations Wholesale Clubs Expansion to Mixed-IC District Transitional Multi-Family Expansion to Mixed-IC District Saxon Partners, LLC We understand the Planning Commission has recently considered modifications to the Land Development Regulations (“LDRs”) including proposals to add uses to existing zoning districts. We request that the Commission consider two additional proposals to add uses to existing zoning districts, as described in greater detail below. These modifications would further two long- standing objectives of the Planning Commission: economic development and affordable housing. The first proposed change is an amendment to the LDRs to facilitate locating a wholesale club in the Mixed-IC District. The City of South Burlington recently amended the LDRs to allow wholesale clubs in certain portions of the City. We believe that the Mixed-IC District is the most appropriate location for wholesale clubs for a number of reasons including: •Nearly half the sales volume of a wholesale club comes from the business community, so locating the wholesale club amongst businesses is beneficial to both the club and to local businesses; •South Burlington's Mixed-IC District is in the center of Chittenden County and offers tremendous access to major highway arterials, which benefits both the club and its customers; and •This district, unlike the districts in which wholesale clubs are currently permitted, has land pricing that works for this type of use. In addition, wholesale club operations provide several benefits to their host communities including: •more than 100 FTE jobs; •lower food and gas prices in the City to benefit local businesses and households; •significant real estate taxes; and •the additional tax benefit from South Burlington’s adoption of the "1% Local Share Sales Tax ", enabling it to receive an annual check from State (although the State does not split out the exact amount of the tax by business, Colchester reportedly receives about a million dollars a year from the 1% Local Share Sales Tax on Costco's sales.) This proposal is consistent with the City of South Burlington 2016 Comprehensive Plan (the “Comprehensive Plan”), in the following ways: •Vision & Goals – Goal of “prioritiz[ing] development that occurs within the community into the higher intensity areas identified within this Plan.” Page 1-1. •Vision & Goals – Goal of “[s]upport[ing] a diverse and vibrant economy built on quality jobs, employment centers...” Page 1-1. •Economic Objective – “Continue to be an economic hub for the region consistent with the land use goals of the City.” Page 2-22. We have also proposed another change to the Mixed-IC District that we believe could be beneficial to the City. When the executives from BJs toured the area, they noted very little employee housing options in the Mixed-IC District, which runs counter to the increasing recognition of the benefits of housing being located near jobs. As a result, we are also suggesting a change to the Mixed-IC District to allow for some multi-family housing within the Mixed-IC District, with such housing limited to locations near existing residential areas so as to provide a transitional zone. (That might also take some pressure off the Southeast Quadrant as it is hoped City Center will do over its long build-out.) This proposal is consistent with the City of South Burlington 2016 Comprehensive Plan (the “Comprehensive Plan”), in the following ways: •Vision & Goals – Goal of “housing for people of all incomes, lifestyles, and stages of life. Page 1-1. •Techniques to Promote Affordability- “Location of affordable, elderly, and/or higher-density housing near schools, parks, shopping centers, employment centers, daycare facilities, transportation corridors, emergency services, and public transportation.” Page 2-15 (emphasis added). •Housing Objective – “Foster the creation and retention of a housing stock that is balanced in size and target income level, is representative of the needs of households of central Chittenden County, and maintains an efficient use of land for use by future generations.” Page 2-16. •The Housing Strategies as described on Page 2-16: o “Implement a variety of tools and programs to foster innovative approaches to preserving and increasing the City’s supply of affordable and moderate income housing. Potential tools should be explored and could include form- based codes that would allow a variety of residential and mixed use building types, transferable development rights, neighborhood preservation overlay districts, household definition regulations, inclusionary zoning, bonuses and incentives, waivers and expedited review processes, and/or a housing retention ordinance.” o “Increase the supply of safe and affordable rental housing by allowing higher- density, mixed use and mixed-income development within City Center and transit corridors, allowing multi-unit housing within transitional zones between residential neighborhoods and commercial/ industrial land uses.” Therefore, we respectfully request that the Planning Commission review the proposed amendments for possible inclusion in the warning for the next public hearing on amendments to the LDRs. We have attached the proposed language (with additions/deletions to the existing LDR text in red) and hope that you will not hesitate to contact us if we can be of any assistance. Modification to Section 6.01 6.01 MIXED INDUSTRIAL-COMMERCIAL DISTRICT IC A. Purpose. The Mixed Industrial- Commercial District is formed to encourage general industrial and commercial activity in areas of the City served by major arterial roadways and with ready access to Burlington International Airport. The Mixed Industrial-Commercial district encourages development of a wide range of commercial, industrial and office uses that will generate employment and trade in keeping with the City’s economic development policies. These uses are encouraged in locations that are compatible with industrial activity and its associated land use impacts. Except for Wholesale Clubs, major commercial uses, such as supermarkets and shopping centers shall not be permitted. Any uses not expressly permitted are prohibited, except those that are allowed as conditional uses. Modifications to Section 2.02 - Definitions Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. A Wholesale Club may include a fueling facility for customers. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is not considered to be Retail Sales in these Regulations. ARTICLE 13 SUPPLEMENTAL REGULATIONS 13-4 Use (continued) Parking Space Requirement Notes Hotels 1 per room, plus 0.33 per maximum occupancy in meeting and banquet rooms Hotels, extended stay 1 per room plus 1 per employee Indoor theater 0.33 per seat Commercial kennel, animal shelter, veterinary hospital or pet day care 1 per employee plus 0.5 per 1,000 SF GFA Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2 Office, general 3.5 per 1,000 SF GFA Office, medical 5 per 1,000 SF Personal or business service, principal use 2 per treatment station, but not less than 4 per 1,000 SF GFA Pet grooming 4 per 1,000 SF GFA Printing & binding production facilities 2 per 1,000 SF GFA Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF GFA of retail area Radio & television studio 2 per employee Research facility or laboratory 3 per 1,000 SF GFA Restaurant, standard 18 per 1,000 SF GLA Restaurant, short order 12 per 1,000 SF GLA Retail sales 5 per 1,000 SF GFA Retail sales up to 3,000 SF GFA 4 per 1,000 SF GFA Retail warehouse outlet 5 per 1,000 SF GFA Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA Seasonal mobile food unit 8 per employee Service station with convenience store 10 per 1,000 SF GLA 2 Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or less 5.5 per 1,000 SF GLA if more than 400,000 SF Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy Motor freight terminal 1 per employee 2 Commercial or public parking facility 1 per employee 2 Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA Distribution and related storage, as a minority of floor area accessory to another principal permitted or conditional use 0.5 per 1,000 SF GFA for the distribution and storage portion of GFA Wholesale establishments 0.5 per 1,000 SF GFA plus any requirements for office or sales area Wholesale clubs 3.5 per 1,000 SF GFA APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 1 South Burlington Land Development Regulations City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND Residential Uses Single-family dwelling PUD P P P Two-family dwelling PUD P P Multi-family dwelling PUD PUD PUD PUD PUD PUD PUD Accessory residential units Group home or Residential Care Home PUD P P P Agricultural Uses Public & Quasi-Public Uses Cemeteries Community center P P PUD P Congregate care, assisted living, or continuum of care facility C C C C C Cultural facility Educational facility PUD PUD C C C Educational support facilities PUD(5)PUD(5) Food Hub P(7)P(6)P(6)P(6)P(6)P(6)P(6)P(7)P(7)P(7) Funeral homes, mortuaries, and crematoriums C C C C C C C C C C Hospice P P P P P P Municipal facility P P P C C Parks Personal instruction facility P P P P P P P P P P P Place of worship P P P P P P P P P-ACC Recreation paths Skilled nursing facility C C C C C C Social services C C C C C C C Commercial & Industrial Uses Adult use AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Exempt from local regulation in all districts Permitted in all districts Please see Section 3.10 for regulations Permitted in all districts Conditional in all districts Page 317 of 331 P(13) Add "P(13)" APPENDIX C USES and DIMENSIONAL STANDARDS C-Non-Residential 4 South Burlington Land Development Regulations City Center FBC District NON-RESIDENTIAL ZONING DISTRICTS C1 R12 C1 R15 C1- AUTO C1-AIR C1-LR AR SW IO C2 IC AIR AIR-IND AirportCommercial 1 Other Commercial Heavy Commercial- Industrial Self-storage P ACC, P- Non-TO Service station C C Shopping center C C Taverns, night clubs & private clubs P P P P P P P P Transportation services P P Warehousing & distribution C C P P Wholesale establishments C C P P P Key and Notes to the Table above: P = Permitted C = Conditional Use Non-TO = Allowable only outside of the Transit Overlay District (1) "N" refers to the Institutional-Agricultural North sub-district. (2) R7 and SEQ-VC as classified as non-residential zoning districts, but are included in this table for purposes of efficiency (3) No minimum lot size for bed & breakfast in the SEQ-VC district (5) Educational support facilities in C1 are subject to the dimensional standards of the IA-North District. See Article 7. ACC = Allowable as an accessory use TO = Allowable only in the Transit Overlay District (12) Allowable only as a municipally-operated facility. (11) Use is allowed only as an Educational Support Facility. See Section 7.01(E) (7) Use is limited to 5,000 SF GFA per tenant with a maximum 15,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (8) Use is limited to 15,000 SF GFA per tenant with a maximum 25,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (9) Use is limited to 30,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (6) Use is limited to 3,000 SF GFA per tenant with a maximum 9,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. (10) Use is restricted to not-for-profit organization whose primary purpose is the provision of educational or research services related to agriculture, horticulture, forestry, natural resource preservation, arts or recreation (4) Permitted within a structure existing and approved for use as an 'educational facility' as of July 1, 2013. The structure existings as of July 1, 2013, may be expanded, PUD = Allowable within a Planned Unit Development Page 320 of 331 Wholesale Club P P P (13) For transitional purposes, Multi-family dwellings are permitted in the Mixed-IC District within 500 feet of the boundaries of zoning districts in which Multi-familydwelling is an allowable use. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Initial Zoning Amendment Request to allow “Wholesale club” expansion to Mixed IC District and Transitional Multi-Family Housing to Mixed IC District DATE: December 12, 2017 Planning Commission meeting Enclosed with your packet is a request from Saxon Partners for the Commission to consider allowing the following: 1. Wholesale Club and associated fueling facilities uses within the Mixed Industrial-Commercial District; and, 2. Allow multi-family dwellings as a permitted use within 500 feet of the boundaries of zoning districts in which multi-family dwelling is an allowable use. For ease of presentation in this memo, the two proposals are discussed separately, below 1. Wholesale Club and associated fueling in the Mixed I-C District Current regulations The term “Wholesale Club” is referenced in two definitions within the City’s LDRs: Wholesale Club. An establishment, also known as a “warehouse club”, primarily engaged in the bulk retail sale of a general line of new merchandise, such as apparel, furniture, groceries and appliances, for personal or household consumption or for business use. The patronage of a wholesale club is typically restricted by a membership requirement. Retail sales. An establishment engaged in selling goods, groceries, or merchandise to the general public at retail or wholesale for personal or household consumption or for business use and rendering services incidental to the sale of such goods. Typically such an establishment (A) is a place of business and is engaged in activity to attract the general public to buy, (B) buys and receives as well as sells merchandise, (C) may process or manufacture some of the products for sale, such as a jeweler or baker, but such production or manufacture is incidental and subordinate to the selling activities, and (D) sells to customers for their own personal, household, or business use. Such an establishment may have a short order restaurant as an accessory use with the following limitations on the short order restaurant: 1) it must be located entirely within the principal structure and with no dedicated exterior entrance of its own; 2) it is limited to 3,000 2 square feet 3) it is limited to sixteen (16) or fewer indoor seats; 4) Additional seasonal outdoor seating may be permitted in conjunction with this accessory short order restaurant. A Wholesale Club is considered to be Retail Sales in these Regulations. Retail is permitted in various zoning districts throughout the City and is differentiated by size of retail establishment allowable in these districts. The enclosed “Zoning Map- Size Zones” map dated April 26, 2016 depicts these areas. Pursuant to Appendix C of the current Land Development Regulations (Table of Uses), Retail is a permitted use in the Mixed Industrial & Commercial District, subject to the following limitation: (8) Use is limited to 15,000 SF GFA per tenant with a maximum 30,000 SF GFA total footprint for the building. Tenants shall have separate entries from one another and no direct passageways from one to another. History The current definitions for Retail and for Wholesale Club and Table of Uses amendment related to Retail use were adopted by the City Council on June 6, 2016, and were fully in effect on June 27, 2016. This followed meetings and a duly warned public hearing and action by the Planning Commission. These amendments consolidated several different sub-categories of retail-type uses and established the size limitations applicable for the new Retail use in various districts throughout the City. The Planning Commission prepared a Report on this amendment, which included an assessment of its consistency with the Comprehensive Plan. A copy of the Report is enclosed with this packet. Recommendation As the Planning Commission in 2016 comprehensively addressed this and similar uses, staff would recommend that the Commission decide first whether it wishes to take up this subject again in 2017 before discussing any of the merits or considerations related to this present request. Should the Commission decide to take up the request, staff would recommend that the Commission alot sufficient time in its work plan to perform a full analysis of the impacts of larger “retail-style” uses in the Mixed Commercial-Industrial, both direct and indirect. Enclosures: • Map of retail scale / size determinations prepared for Planning Commission public hearing, April 2016 • Planning Commission Report on proposed amendments, April 2016 3 2. Multi-family dwellings in the Mixed IC District within 500 feet of a district that allows multi- family dwellings Current regulations: Housing is presently not permitted in the Mixed I-C District. Staff has prepared a map showing the areas that Saxon Partners is seeking be eligible. Background and Analysis: Staff prepared a map showing the applicable areas and performed an initial assessment of the properties that would fall within this 500-foot transition zone. With the exception of lands that are part of the O’Brien Home Farm (for which the property owners are pursuing Master Planning efforts) and a small handful of properties along Kimball Ave that developed with industrial / office / police station uses, virtually all of the land within the proposed area is located within the current (2015 Noise Exposure Maps) or the anticipated (2012 F-35 Environmental Impact Study) 65 dnl decibel lines prepared by the Airport and/or Air Guard. At present, the Federal Aviation Authority’s Noise Compatibility Plan lists all areas within the 65 dnl area as eligible for buy-out and removal. With this program presently in effect, staff does not recommend that new areas be made eligible for residential activity. The small remaining amount of land to the north of the Airport is located within a 100-year floodplain and is therefore ineligible for development under the City’s Land Development Regulations. Recommendation Staff does not recommend this be pursued at this time due to the uncertainty surrounding the Airport and home buyout program. If ever the home buyout program designation changes, the Commission could examine a new request at that time on its merits. At this time, staff does not recommend the request be pursued any further. Enclosures: • Map of areas within the Mixed IC District that are within 500 feet of a zoning district that permits multi-family dwellings • The same map as above, with the following features added: o Approximate boundary of current 65 dnl line, (2015 FAA Noise Exposure Maps) (red) o Approximately boundary of F-35 dnl line (2012 F-35 EIS) (blue) o Approximately boundaries of 100-year flooplains §¨¦89 §¨¦189 §¨¦89 R1-PRDR1-PRD R1-L R1 -LVSouth Burlington, Vermont ¹ 0 2,000 4,0001,000 Feet Data Disclaimer: Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions Note: Parcel line data is provided for informational purposes only. The City reserves the right to update the Official Zoning Map with new parcel data as it becomes available. Transect Zone 1 Disclaimer: 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. Zoning Map - Size Zones \\pwserver\GISdata\Planning&Zoning\Zoning\ZoningMap\2016\ZoningMap_PotentialSizeLimitVersion.mxd Size Limitation 3K Limit 5K Limit 15K Limit 30K Limit No Limit April 26, 2016 Planning Commission Public Hearing 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Approved April 26, 2016 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission held a public hearing on Tuesday, April 26, 2016, at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District D. Updated definitions and technical corrections throughout Following the public hearing, the Planning Commission approved the submittal of the amendments and this report to the City Council. Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 2, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: 2 (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. Revised standards for parking in front of buildings related to light industrial-type uses in heavy commercial / industrial districts; Brief explanation of the proposed bylaw The proposed amendment would allow for a minor proportion of a parking area to be located to the front of a light-industrial, warehouse & distribution or similar building in the Mixed Industrial- Commercial and Industrial-Open Space Districts. To mitigate the effects of having parking in front of the building, certain additional site design standards would be required, including screening of parking, direct pedestrian access, and enhanced quality of “open space” in the vicinity to provide for useable areas for pedestrians. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are located within the “Northeast Quadrant” Planning Area and the “Medium to Higher Intensity, Principally Non-Residential” Future Land Use District. Future Land Use for the Northwest Quadrant is described in part, as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City…” Comprehensive Plan p. 3-22 The Future Land Use District, further, is described as follows: “Medium to Higher Intensity, Principally Non-Residential. Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. 3 The proposed change is consistent with the above descriptions. The proposed amendments will not affect the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment would not have a direct impact on any planned community facilities. The City does plan to have additional roadways & bicycle/pedestrian facilities in the area. Safe access from properties by pedestrian to these planned facilities is maintained through requirements for direct, separated pedestrian links from buildings to the street. B. Merger of similar use categories (eg, retail sales, retail food establishment, and convenience store), consolidating definitions, and arranging by scale and applicability Brief explanation of the proposed bylaw These amendments would include two parts: (1) a merger of similar land use categories, and (2) establishing a coordinated set of standards for the size and scale of retail sales uses across all zoning districts that allow them. Specifically, the proposed amendments would consolidate “retail sales”, “convenience store”, “retail food establishment”, and “general merchandise store” into “retail sales”, with an updated definition. In addition, the amendments would further clarify the distinction between “retail sales” and “wholesale establishment” by including a new term, “wholesale club” and stating that it is considered “retail sales” and not “wholesale establishment.” The draft amendments then establish a maximum size (gross floor area) to “retail sales” in some zoning districts that allows for the use, consistent with the purpose of that district and the Comprehensive Plan. The amended Regulations would create five size categories – two small, one medium, one medium-large, and one large. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The Comprehensive Plan contains a clear Vision & Goals Statement. It includes four principal goals. The fourth goal is excerpted below. “Here and Into the Future, South Burlington is … Opportunity Oriented. Being a supportive and engaged member of the larger regional and statewide community. • Prioritize development that occurs within the community into the higher intensity areas identified within this Plan; 4 • Support a diverse and vibrant economy built on quality jobs, employment centers and a supportive educational and research system; support markets for local agricultural and food products.” P. 1-1. The Comprehensive Plan divides the City into five (5) Planning Areas and five Future Land Use Categories. They are: Planning Areas: • Central District, including City Center and surrounding areas; • Northwest Quadrant, including areas west of the Airport and north of I-89, exclusive of the Central District; • Northeast Quadrant, including the Burlington International Airport and areas north of I- 89; • Southwest Quadrant, including the Shelburne Road corridor; • Southeast Quadrant, including areas south of 1-89 and east of Spear Street. Future Land Use Categories: • Very low intensity, principally open space. • Lower intensity, principally residential. • Medium intensity, residential to mixed use. • Medium to higher intensity, principally non-residential. • Medium to higher intensity, mixed use. These Areas and Categories work together to define the future development intent of the different locations within the City. The Future Land Use Categories provide the description of the mix of uses and relative overall intensity anticipated while the Planning Areas provide the context of the surroundings, geographies, resources, and infrastructure. The proposed amendments are consistent with the intent and goals of the Comprehensive Plan and with the purposes of the specific zoning districts in which they are located. Smaller size retail are continued in areas intended for smaller-scale development, or where the focus is on industrial or institutional uses. These limits are in place in most cases already and are made more consistent. They are typically found where Planning Areas such as the Southeast and Northwest Quadrants contain Medium and Medium-to-Higher Intensity Future Land Use Categories. They also includes the Industrial-Open Space zoning district, which has long limited retail uses. Zoning districts in this category include the SEQ-VC, R7-NC, C1-LR, Allen Road, Swift Street, IA-North, and I/O. Medium-scale retail is permitted in areas where the Plan’s focus is on employment centers, with some allowance for retail. These are largely areas in the Northeast Quadrant that are also designated for medium to higher intensity principally non-residential or mixed use. Zoning districts in this category include the Mixed Industrial-Commercial District, the C1-Air District, and the C1-R12 District. 5 Future Land Use for the Northwest Quadrant is described as follows: “Future Land Use. The pattern of land use and development in the Northeast Quadrant has focused on businesses which require larger properties, can be compatible with the operations of an airport, and/or which may not be easily compatible with residential areas. Future use of land in developed areas should continue to focus on employers and ancillary services. It should also continue to emphasize uses that are less critical within the core of the City. In addition, future redevelopment should make use of improved transit services. Future development, especially in the Tilley Drive/Kimball Ave/Williston Road/Community Drive area should maximize efficiency of land use and support multi- modal transportation. This area should have clear, efficient access to City Center as part of an integrated, urbanized high activity, pedestrian and transit friendly east-west corridor. In 2014, the University of Vermont Medical Center began exploration of installing a consolidated outpatient facility in this area.” Comprehensive Plan p. 3-22 The majority of the area is contained within the Medium to Higher Intensity, Principally Non- Residential Future Land Use Category. It is described as follows: “Intended to foster high quality jobs, these lands provide for medium to large scale industrial, educational, mechanical and office park environments, among other related uses. Their aesthetics should reflect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for sufficient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multimodal transport services these areas. Development here should be respectful of lower intensity uses where they abut.” Comprehensive Plan p. 3-6. This area also contains two residential zoning districts within the larger Mixed Industrial- Commercial district. The Comprehensive addresses these areas as follows: “Adjacent Residential Areas. The Northeast Quadrant comes into contact with residential neighborhoods in a handful of key places, notably to the west and northeast of the Burlington International Airport, and with the handful of residential pockets within the Quadrant itself. Sufficient transition tools – in the form of lower intensity uses, buffering, or screening – should be provided to foster the continued compatibility of these areas. The same holds for undeveloped areas to the east of Old Farm Road.” Comprehensive Plan p. 3-24 Medium-large retail is proposed to be allowed in the Commercial-2 District. This area is located within the Southwest Quadrant Planning Area and the Medium to Higher Intensity-Mixed Use Future Land Use Category. It is distinct from the more northern portion of these same districts along Shelburne Road in part because it is located further from the Interstate and population centers in South Burlington and Burlington. 6 The Medium to Higher Intensity, Mixed Use Future Land Use Category is described as follows: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.: Comprehensive Plan 3-7. Future Land Use for the Southwest Quadrant includes the following statement: “South of IDX Drive, the Shelburne Road corridor becomes predominately commercial on both sides, with collector streets leading to residential neighborhoods. These areas should be encouraged for infill development and redevelopment, with a continued focus on business opportunities.” Comprehensive Plan p. 3-27 Larger retail, with no explicit limitation on size, remain permitted in several districts. Those include the Commercial 1-Residential 15, Commercial 1-Residential 12 and each of the Form Based Codes districts. The Airport & Institutional- North Districts also permit retail in the context of their overall intent. The FBC Districts and Commercial 1 Districts are located in the following Future Land Use Category: “Medium to higher intensity, mixed use. These lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is efficient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas.” Comprehensive Plan 3-7. The City Center Form Based Codes Zoning District is largely contained with the Central District as identified in the Comprehensive Plan. In this area, size of uses are not limited; instead, development is managed by the form of the buildings. The Future Land Use Plan for this area includes the following Statement: “The intent for this entire area – developed and undeveloped – is to create an environment that has all of the elements, functions, programing and features to become South Burlington’s principal downtown area.” Comprehensive Plan P. 3-10. 7 The C1-R15 District is located in the Southwest Future Land Use Planning Areas along key sections of major corridors that contain good access to transportation. “The north end of the corridor in South Burlington has seen the most significant redevelopment to date and now includes several newer multi-family buildings amongst commercial areas. Future redevelopment in this area should be consistent with the pattern established by this development and by the single and two-family home neighborhood behind parts of it. South of I-189, the east side of the road includes the well established Orchards neighborhood as well as a series of relatively small commercial lots fronting on Shelburne Road. Continued reuse and redevelopment of these commercial areas should enhance pedestrian connectivity to residential areas while at the same time protecting them from encroachment. The west side of the road includes significantly larger lots and some existing multi-family housing. Mixed use development and redevelopment is encouraged in this area.” Comprehensive Plan pp. 3-26 to 3-27 Where lots are described as being smaller in the above sections, the depth of the zoning district itself will place limitations on the size of certain uses. Based on the analysis above, the proposed amendments are consistent with the above descriptions. The proposed amendments will not have effect on the provision of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. The proposed amendments would not have a significant impact on planned community facilities. The application of scale of uses in these areas is consistent with existing and planned transportation infrastructure in the areas, with more intense users generally permitted in areas with greater transportation access. C. Allowance of small-scale personal instruction studio and indoor recreation in the SEQ-VC District Brief explanation of the proposed bylaw This amendment would permit small-scale personal instruction studios and indoor recreation in the SEQ-VC District. This district is located in two places: along a portion of Dorset Street towards the south end of the City and along a small section of Hinesburg Road south of I-89. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. See discussion above. This zoning district is located within the Southeast Quadrant Planning Area and the Medium-to-Higher Intensity – Mixed Use Future Land Use Category. 8 The purpose of this district is to promote village-scale mixed use development, including retail, housing, office space, and ancillary services. The allowance of these two use categories is consistent with this intent, allowing for neighborhood-scale services such as gyms, dance studios, etc. in these areas. The proposed amendment will have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. D. Updated definitions and technical corrections throughout Brief explanation of the proposed bylaw These amendments include a number of minor corrections to the current Land Development Regulations, including establishing a definition for the term “rear building line”, several typos, and a map correction to remove an overlay district that had previously been eliminated in the text and correct the legend. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments are not anticipated to affect future land uses or densities, and have no effect on the availability of safe and affordable housing. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendments are not anticipated to affect planned community facilities. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o o (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( (((((((((((((((((((((((((((((((( Area Inside Mixed IC Within 200' of R1-PRD, C1LR or R4 Path P:\Planning&Zoning\mapRequests\AirportMap_20171204\AirportMap_20171204.aprx Current Time Dec, 4, 2017 12:11 PM Prepared by South Burlington GIS 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: Cathyann LaRose, AICP, City Planner SUBJECT: Lot Coverage in C1-Auto DATE: December 12, 2017 Planning Commission meeting Included in your packet today is a request from Stephanie Hainley of White and Burke, on behalf of Bill Shearer, to increase the permissible lot coverage in the C1-Auto Zoning district, from 70% to 90%. The request proposes that a beneficiary of this allowance would in turn pay into a fund which would create consolidated open spaces elsewhere in the district or City. Mr. Shearer, through White and Burke, submitted a similar request in 2015. That request and staff memo is attached for your reference. The Commission ultimately decided not to take up the request at the time as it was entrenched in the Form Based Codes and was considering whether to pursue these city-wide. The Planning Commission may wish to consider this request in the context of the following questions: • What goals are the City advancing with impervious coverage limitations? • Does the applicant’s proposal meet these goals of the City? Can those goals be met in other ways? • Should any adjustments apply to the requested district only, or others? Though not expressly stated in the South Burlington Land Development Regulations, coverage limitations are generally enacted for several reasons. Paved surfaces generally reduce aesthetic appeal, reduce stormwater capture and natural treatment through infiltration, enhance heat island effects, and promote buildup of pollutants. The current coverage limitation in the C1-Auto district is 70%. Below, for comparison purposes, is a sample of what the impervious coverage limitations are across the City: Current coverage regulations District Impervious Coverage C1-Auto 70% C1 70% IC (Industrial Commercial) 70% R12- Multifamily 60% IO (Industrial Open Space) 50% Airport 50% City Center Form Based Code No coverage limitations; Requires On- site Qualifying open space Most residential districts not already listed herein 40% 2 C1-Auto Shown in Darker Blue C1 Auto is among the most permissive districts in the City for coverage allowances, behind only the City Center Form Based Code District which holds a higher standard in building design, placement, and quality open spaces than any other city district. It is worth noting, however, that impervious coverage limitations regulate coverage of land as either pervious (permeable) or impervious. Like all other districts except the City Center Form Based Code District, the requirements in C1-Auto do not go further in addressing the quality, functionality or usability of the land which is not impervious. On many properties, in the C1-Auto district and beyond, pervious 3 land is most often left as simple grassed areas, parking lot islands, dirt swaths, or land which holds the requisite landscaping budget. It may also house on-site storm water infrastructure or in some cases exist as scrubby wooded areas. In light of this, Staff concedes that there may be an opportunity to exchange lower-value pervious lands for a smaller percentage of higher quality pervious lands, as was promoted and enacted for the Form Based Codes district. The applicant proposes to exchange pervious coverage within in a property for a consolidated space off- site. Staff has reservations about this proposal. First, there is no park plan or planned open space designated within the district, corridor, or nearby. While an Open Space fund exists, there is not an active plan or designated areas for purchase at this time. In the absence of such a location, an open space fund like this could create a legal nexus problem. It is not foreseeable at this time there is a plan or even an opportunity for designated lands in the C1-Auto or even the Shelburne Road Corridor. Lastly, if multiple properties were to take advantage of the proposed provision, the district could be predominantly paved over with no exchange or tangible benefit to the City for the foreseeable future. Still, as noted, there is potentially a valid argument that on some sites the existing pervious lands are not meeting the aforementioned goals of such lands and could be better purposed. Shown below, for example, is a property owned by the applicant. Would the City benefit more from high quality, useable open space on the site than it currently does from the grassed area to the rear of the property which is currently serving a more limited purpose? Of course, zoning regulations should never apply to a single property or small group of properties and the 4 Commission could consider whether any changes in coverage would be appropriate for the newly proposed Urban Design Overlay District which is currently under discussion by the Commission. As the City seeks to create a corridor with increased density and walkability, it may wish to consider lot coverage in the goal of creating high quality useable spaces. Staff also allows there is significant room for consideration between the existing 70% coverage and the proposed cap of 90%. Possibilities for Commission action: 1. Accept applicant’s proposal. Pursue technical adjustments to follow. 2. Take the next steps to consider alternatives which are briefly introduced above. 3. Do not act or wait to assess in the next Planning Commission Work Plan. Staff remains available to provide further data or research any direction the Commission wishes to pursue. M E M O R A N D U M To: South Burlington Planning Commission Paul Connor, Director of Planning & Zoning From: Stephanie Hainley, Senior Project Manager Date: November 13, 2017 Re: So Burl LDRs – Proposed C1-Auto Amendment On behalf of Bill Shearer, owner of several commercial properties in South Burlington, we respectfully request the Planning Commission consider a change to the Land Development Regulations to allow for higher total lot coverage in the C1-Auto in exchange for an open space impact fee. The maximum lot coverage requirement for this district is currently 70%. We propose that the maximum total lot coverage be increased to 90%, with impact fees paid on any coverage beyond 70%. Higher total lot coverage will: Promote more efficient use of land in the area where growth is encouraged, Help foster redevelopment, Further the District’s stated purpose of encouraging commercial uses “in a manner that serves as or enhances a compact central business area,” and Help discourage the spread of suburban sprawl into the more rural areas of the county. An open space impact fee will allow the City to invest in open spaces in a more effective manner, providing substantive value for the community, rather than isolated pockets of open space. Rationale Suburban density pattern versus urban compact density pattern: The current maximum of 70% total lot coverage represents a traditional suburban density pattern as opposed to a denser and more urban, compact central business district pattern of development. The current standard goes against the stated purpose of the C1-Auto District which is to encourage the location of commercial uses, including automobile sales and service, “in a manner that serves as or enhances a compact central business area” (LDRs, page 84) By Page 2 of 3 comparison, higher lot coverages are allowed in other areas of the City and region where compact, commercial centers are strongly promoted. In the City’s Central District, for example, maximum lot coverage is 90%. Maximum lot coverage in downtown Burlington is 100%. Even in Burlington’s Pine Street corridor, which is zoned “Enterprise – Light Manufacturing,” maximum lot coverage is 80%. Encourage redevelopment of older commercial properties: Many of the properties in the C1-Auto District were initially developed 30–50 years ago when South Burlington was growing rapidly as a suburban community. Some of these properties have buildings and parking lots that are outdated, and should be redeveloped and used in a more efficient manner. By allowing a higher density of development, there will be more economic incentive for landowners and developers to redevelop this area of the City. Provide opportunity for currently constrained businesses to expand and prosper: Higher lot coverage would provide an opportunity for businesses that are currently maxed in terms of total lot coverage to expand their operations, thereby contributing more to the local economy. The auto sales and service industry is a good example. Consumer and industry trends over the last 5–7 years have changed the expectations of dealerships regarding inventory and more area devoted to customer service. The result is often a need to expand covered area in order to meet these demands, and several properties are already maxed out at 70%. This issue is particularly relevant in the C1-Auto district where the stated purpose is “to recognize the existence of several automobile sales and services facilities in this area of the City and allow for their continued operation and improvement….” (LDRs, page 85). Allowing higher lot coverages will help promote their continued operation and improvement. Promote business efficiency and less traffic on Shelburne Road: As stated above, some of the auto dealerships currently existing in the C1-Auto District are maxed at 70% total lot coverage. With no ability to expand area for vehicle display and storage and provide safe environments for staff and customers, these dealerships are forced to store inventory off- site. Driving vehicles back and forth between the dealerships and off-site storage facilities creates negative impacts for both the businesses and the community. For the dealerships, off-site storage increases operational costs in the form of increased labor to drive vehicles back and forth, and higher costs to lease and maintain an off-site facility. For the community, multiple daily trips between the dealership and off-site storage facility adds traffic to Shelburne Road and carbon emissions contributing to negative environmental impacts. By raising allowable lot coverage, auto dealerships can expand the area upon which to store and display vehicles, thereby reducing the need for off-site storage. The result is lower operating costs for the businesses, less traffic on Shelburne Road, and lower emissions. Aesthetics and natural resources will still be protected: Even at higher lot coverage densities, aesthetics, and natural resources will still be protected through other provisions in the land development regulations. For example, the front yard coverage maximum of 30% will still apply, thereby protecting the aesthetics of the Shelburne Road corridor by requiring a green buffer along this heavily traveled arterial. Similarly, the City’s Page 3 of 3 stormwater overlay district will continue to require all development to comply with rigorous stormwater management standards. Finally, all other existing provisions designed to enhance aesthetics, encourage landscaping, screen parking, and protect natural features will remain in effect. Impact Fees In requesting additional lot coverage, it seems reasonable to require contribution to a fund that will create substantive, useful, and intentional open spaces. The creation of qualified open spaces on each property within the C1-Auto District would create disjointed and inconsistent places in the City rather than well-planned and coordinated spacesInstead, by pooling fees from several property owners, the City could fund initiatives that benefit the whole community in a more strategic way. Whether this is a new open space fund or if there is more nexus to the existing recreation impact fee is not for us to say. Nor will we presume to know the appropriate formula for determining the right amount. Conclusion Allowing a maximum 90% total lot coverage, with impact fees for each percentage point over 70%, in the C1-Auto District will provide an incentive for property and business owners to redevelop their properties in a more efficient manner that is more compact and representative of a central business district. It will decrease traffic and vehicle emissions. Encouraging well-planned development that is denser and more compact in these areas of South Burlington will also help discourage the spread of lower density sprawl to other, more rural areas of Chittenden County. We first raised this request more than two years ago and would greatly appreciate the Planning Commission making this a priority for consideration. 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: Request for Zoning Change – Lot Coverage along Shelburne Road DATE: May 12, 2015 Planning Commission meeting The city received a request from Joe Weith of White + Burke on behalf of Bill Shearer to consider increasing the maximum lot coverage in the Commercial 1, Commercial 1-Auto, and Commercial 2 Zoning Districts from 70% to 90%. See the attached request. Pursuant to the Policy on Public Requests for Amendments, staff performed an initial examination of the request. A brief analysis: As noted, presently the lot coverage maximum is 70% in these districts. These districts include virtually all of the land along Shelburne Road, as well as the eastern portion of Farrell Street, Fayette Drive, and sections of Williston Road (including the area proposed to be moved to T4 in the FBC). The principal features that guide the scale and scope of development in these areas are use, lot coverage, building coverage, residential density, front yard lot coverage, height, and parking. The first four in that list are not waivable by the DRB, but the others are. Recommendation: Staff, in consultation with the chair, does see some merit in the request, but recommends that the issue be looked at in the context of the regulations for that district as a whole. In the FBC district, for example, lot coverage is increased, but standards for Open Space are proposed to be in place and buildings have clear standards around windows & door placement. Staff further recommends that the Commission, once it has completed the bulk of its work on the current round of Amendments and the Comprehensive Plan (anticipated this summer), review its full project list, including this request, and develop a timeline for review. The Commission, finally, may wish to look at this question in pieces. The request presently relates to three (3) different zoning districts with different stated purposes, overall size, conditions, and lot sizes. Considering the question in pieces may help to expedite review. 2 M E M O R A N D U M To: South Burlington Planning Commission; Paul Connor, Director of Planning & Zoning From: Joe Weith, Senior Project Manager Date: March 25, 2015 Re: South Burlington Land Development Regulations – Proposed Amendments On behalf of Bill Shearer, owner of several commercial properties in South Burlington, we respectfully request the Planning Commission consider changes to the South Burlington Land Development Regulations to allow for higher total lot coverages in the C1, C1-Auto and C2 Districts. We recommend that maximum total lot coverage in these districts be increased to 90% (currently 70%). Higher total lot coverages will promote more efficient use of land in these areas of the City where growth is encouraged, help foster redevelopment, further the Districts’ stated purpose of encouraging commercial uses “in a manner that serves as or enhances a compact central business area”, and help discourage the spread of suburban sprawl into the more rural areas of the county. Rational Suburban density pattern versus urban compact density pattern: The current maximum of 70% total lot coverage represents a traditional suburban density pattern as opposed to a denser and more urban, compact central business district pattern of development. The current standard goes against the stated purpose of the C1 and C1-Auto Districts which is to encourage the location of commercial uses, including automobile sales and service, in a manner that serves as or enhances a compact central business area. By comparison, higher lot coverages are allowed in other areas of the City and region where compact, commercial centers are strongly promoted. In the City’s Central District, for example, maximum lot coverage is 90%. Maximum lot coverage in downtown Burlington is 100%. Even in Burlington’s Pine Street corridor, which is zoned “Enterprise – Light Manufacturing”, maximum lot coverage is 80%. Encourage redevelopment of older commercial properties: Many of the properties in the C1, C1-Auto and C2 Districts were initially developed 30 – 50 years ago when South Page 2 of 3 Burlington was growing rapidly as a suburban community. Some of these properties have buildings and parking lots that are outdated, and should be redeveloped and used in a more efficient manner. By allowing a higher density of development, there will be more economic incentive for landowners and developers to redevelop this area of the City. Provide opportunity for currently constrained businesses to expand and prosper: Higher lot coverage would provide an opportunity for businesses that are currently maxed in terms of total lot coverage to expand their operations, thereby contributing more to the local economy. The auto sales and service industry is a good example. Trends in this industry over the last 5 – 7 years have pressured dealers to provide more inventory on site (due to dealership consolidation) and more area devoted to customer service (e.g., manufacturer requirements to provide larger fleet of customer loaner cars). The result is a need to expand covered area in order to meet the demands of the industry, and several properties are already maxed out at 70%. This issue is particularly relevant in the C1- Auto district where the stated purpose is “to recognize the existence of several automobile sales and services facilities in this area of the City and allow for their continued operation and improvement….” Allowing higher lot coverages will help promote their continued operation and improvement. Promote business efficiency and less traffic on Shelburne Road: As stated above, some of the auto dealerships currently existing in the C1, C1-Auto and C2 Districts are maxed at 70% total lot coverage. With no ability to expand area for vehicle display and storage, these dealerships are forced to store inventory off-site. Driving vehicles back and forth between the dealerships and off-site storage facilities creates negative impacts for both the businesses and the community. For the dealerships, off-site storage increases operational costs in the form of increased labor to drive vehicles back and forth, and higher costs to lease and maintain an off-site facility. For the community, multiple daily trips between the dealership and off-site storage facility adds traffic to Shelburne Road. By raising allowable lot coverage, auto dealerships can expand the area upon which to store and display vehicles, thereby reducing the need for off-site storage. The result is lower operating costs for the businesses and less traffic on Shelburne Road. Aesthetics and natural resources will still be protected: Even at higher lot coverage densities, aesthetics and natural resources will still be protected through other provisions in the land development regulations. For example, the front yard coverage maximum of 30% will still apply, thereby protecting the aesthetics of the Shelburne Road corridor by requiring a green buffer along this heavily traveled arterial. Similarly, the City’s stormwater overlay district will continue to require all development to comply with rigorous stormwater management standards. Finally, all other existing provisions designed to enhance aesthetics, encourage landscaping, screen parking and protect natural features will remain in effect. Page 3 of 3 Conclusion Allowing a maximum 90% total lot coverage in the C1, C1-Auto and C2 Districts will provide an incentive for property and business owners to redevelop their properties in a more efficient manner that is more compact and representative of a central business district. Encouraging well planned development that is denser and more compact in these areas of South Burlington will also help discourage the spread of lower density sprawl to other, more rural areas of Chittenden County. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-1 South Burlington Land Development Regulations 8 CITY CENTER FORM BASED CODE DISTRICT DRAFT DECEMBER 2017 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 8.15 City Center FBC Master Plan Review and Approval [Reserved] 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. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations 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 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. (1) 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, except as provided for below: (a) Buildings permitted in a T3 Cottage Court; (b) As permitted under Section 8.11, Nonconformities; or, (c) Accessory structures. C. Special Requirements, Prohibitions & Exceptions Commented [PC1]: Reviewed by PC 10-24-2017 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-3 South Burlington Land Development Regulations (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, (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 streets. 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 existing street, such street shall be upgraded pursuant to Article 15 and in accordance with 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. (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-4 South Burlington Land Development Regulations (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. (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 for 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; ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-5 South Burlington Land Development Regulations (iii) It shall remain possible to complete all planned and reasonably anticipated connections 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 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, pedestrian pass, 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, pedestrian pass, or path shall be established to the property line or to the nearest existing ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-6 South Burlington Land Development Regulations 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; (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 line. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-7 South Burlington Land Development Regulations (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; and, (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback. (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. 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. All such parking, however, shall be set back at least 25’ from all front building facades on the first story. Such minimum 25’ area shall contain 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-8 South Burlington Land Development Regulations 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 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) 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 modification 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, and frontage buildout. (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 makings 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 buildings that are not used as Places or 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: ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-9 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, drive through service windows shall be hidden by the building along all public streets (see diagram below); (4) Drive-throughs shall conform to all applicable BES and shall not be exempt from any standard in these regulations that requires a minimum of two (2) stories; and, (5) Applications for a drive-through facility shall not 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 along all public streets (5) Service stations shall conform to all applicable BES and shall not be exempt from any minimum two (2) story requirement. E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: a planted buffer not less than eight (8) feet in width planted with dense evergreens at least seven (7) feet in height at time of installation, and a building setback of an additional twelve (12) feet)the following:. Where vehicle parking or turn-around is planned adjacent to the buffer area, the buffer area shall supplemented as needed to be opaque year-round. Fencing may be installed to supplement buffer areas. Commented [PC2]: Updated per PC guidance at its 10-24-2017 meeting ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-10 South Burlington Land Development Regulations (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (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, each 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 of the building facade for at least 75% of the building facade on all primary and secondary facades. (2) Combined stories. For each story in a building containing one or more stories with a floor-to- floor height that exceeds the maximum height in the applicable Transect Zone, the number of stories shall be calculated 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’ floor to ceiling height in a Transect Zone whose maximum sooty 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. For the purposes of calculating the minimum number of building stories in a Transect Zone, however, combined stories shall not be considered to be more than one story. 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 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 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 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, ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-11 South Burlington Land Development Regulations (b) The height of any such features shall not exceed 14’ above the maximum height 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, Operable entrances 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 Transect 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 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 fulfill its function in all seasons. (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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-12 South Burlington Land Development Regulations 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. Establishing, enhancing and preserving open space serve multiple purposes and meet the 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 breathing space, and visual and psychological relief, and meet 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, useable 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, 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. Solely for illustrative purposes, photographs or real world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” B. 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: Commented [PC3]: Prohibited materials applicable to all sides of a building, per PC direction 11-28-2017 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-13 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 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 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 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 located on site or within 150’ of the site with direct access. 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 located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-14 South Burlington Land Development Regulations Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access; 50% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site with direct access.; 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 located on site. Minimum 30% must be part of the public realm. Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site. No public realm requirement for residential component. Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site; 25% or more must be commonly accessible to all tenants/residents. No public realm requirement for residential component. Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located 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 lot contains both residential and non-residential uses, the minimum open space requirements in Table 8-1 for each type of use shall be met. The gross floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less the sum of the area of the residential units on the lot. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-15 South Burlington Land Development Regulations C. 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 Pedestrian Pass Indoor Park / Atrium T4 All Open Space listed as allowable in T5 and; Playgrounds 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 Community gardens Wooded area (as restricted in Appendix F) D. 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 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. E. Locating Open Space Off-Site ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-16 South Burlington Land Development Regulations (1) Qualifying open 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 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 is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the 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 be 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 make 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 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. (4) Pre-approval of open space. An applicant that constructs open space greater than the minimum required may apply the additional space towards the required open space for a future building. In doing so, the applicant shall demonstrate, with each such building, that the off-site open space is qualifying for the building in question. F. Off-Site Open Space Credits (1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may contribute 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 Transect 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 Transect Zone, a contribution may be provided in lieu of no 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 per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. G. Landscaping Requirements Commented [PC4]: PC reviewed 10-24-2017 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-17 South Burlington Land Development Regulations (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 FBC District, a portion of the minimum landscaping budget may be used for art, decorative hardscapes, or other publicallypublicly welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. (3) Off-site landscaping Table 8-3. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 60% Palette includes commissioned sculptures (excluding signss), fountains, ornamental planters, ornamental or commissioned benches*, and 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 City 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. 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. Commented [PC5]: See enclosed options memo ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-18 South Burlington Land Development Regulations 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 (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-19 South Burlington Land Development Regulations 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. Notwithstanding 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. (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-20 South Burlington Land Development Regulations (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. (a)(b) Repair and replacement of non-conforming exterior finish materials. Normal repair of non-conforming exterior finish materials listed in Section 8.07 shall be permitted. In-kind replacement of vinyl exterior finish materials with new vinyl finish materials shall also be permitted. Replacement of any other type of exterior finish materials listed as prohibited in Section 8.07 shall not be permitted. (b)(c) 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. Commented [PC6]: Added per Planning Commission direction 11-28-2017 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-21 South Burlington Land Development Regulations (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 8-45. See Figure 8-1 Table 8-45 Extensions / Expansions 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 listed in Table 8-1 (Open Space Requirements), based on the existing uses and buildings on the lot(s); (b) At the time of identification and approval, the applicant shall not be required to enhance any Qualifiable open spaces to meet any of the additional requirements of Appendix F or to locate any such Qualifying open space on-site, except: (i) Where more than 50% of the Qualifiable Open Space consists of impervious areas, the amount of such impervious open space that exceeds 50% shall be enhanced to full ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-22 South Burlington Land Development Regulations compliance with Appendix F and such Qualifying Open Space shall be located on-site as depicted on the plan; (c) Any new buildings or expansions of existing buildings shall be required to comply with all Open Space Requirements of Section 8.08 (Open Space Requirements); and, (d) An application to expand an existing building on a lot for which Qualifiable 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 Qualifiable Open Space to full compliance with Appendix F and locating that Qualifying Open Space on-site as depicted on the plan. (4) 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-23 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. Permitted Permitted Permitted Not Permitted Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-24 South Burlington Land Development Regulations 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. 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. Not Permitted Not Permitted Not Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-25 South Burlington Land Development Regulations 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. *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). Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-26 South Burlington Land Development Regulations E. Tiers Tier 1: Conformity with Build-to required. Conformity shall be achieved by BES (Build-to, glazing and frequency of doors) , FBC open space standards and/or combination of the two. Surface parking is not conforming. Tier 2: Per parcel all expansions permitted if Tier 1 is established with conforming buildings or open space standards* * 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. Permitted Locating Landscape budget off-site Options for discussion Planning Commission 12-12-2017 Off-site Landscaping Options Earlier this fall the Planning Commission reviewed how to best address the relationship between required minimum Open Space, where allowable to be located off-site within the City Center Form Based Codes District, and the minimum landscaping budget required of projects. In the FBC District, a portion of the landscape budget can be used for hardscape elements, such as artistic benches, commissioned sculptures, fountains, etc. At present, while required Open Space can be located off-site in some cases, the minimum landscape budget cannot. The Commission requested that staff come back with a couple of different alternatives for how to address this. Options could include: 1. No changes. Open Space can be off-site, but full landscape minimums must be met on-site. 2. Allow a portion of landscape budget to go off-site with the Open Space. Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thirty (30) percent of the required landscaping budget may also be located off-site. 3. Allow a portion of landscape budget to be located off-site, but increase the total amount. Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thirty (30) percent of the required landscaping budget may also be located off-site. In such instances, the total required landscape budget shall be increase by fifteen (15) percent. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)Detached single family dwelling (b)Two-family dwelling (c )Multi-family housing (d)Detached mixed-use storefront (e)Cottage (f)Accessory Structure (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Ceiling Height (a)First story (b)Upper Stories (4)Build-to Zone See T3 & T3+ Figures (a)Primary Build-to-Zone 5' Min., 20' Max.5' Min., 30' Max. (b)Secondary Build-to-Zone 5' Min., 30' Max.5'. Min., 45' Max. (c )Side Setback, Principal Structure 8' Min., No Max.8' Min., No Max. (d)Rear Setback, Principal Structure 20' Min., No Max.not applicable (e)Side Setback, Accessory Structure 8' Min., No Max.8' Min., No Max. (f)Rear Setback, Accessory Structure 8' Min., No Max.not applicable (g)Setback from rear of Principal Structure for any Accessory Structures 10' Min., No Max.No closer to street than Principal Structure (5)Frontage See T3 & T3+ Figures (a)Frontage Buildout None None (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min., No Max.No Min., No Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.No Min., No Max. (6)Entrances See Entrances Figure (a)Frequency of Public Entrances, non-residential first story use (b)Maximum distance between Public Entrances, non- residential first story use (c )Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use None 70' Min., 120' Max. [150' Max if Cottage Court] (see note 3) 75% Max. 4 Units per acre Min. Permitted Permitted Permitted Permitted Permitted Permitted T-3 and T3+: A multi-use neighborhood with a street-oriented public realm that encourages medium-density, multi-use/multi-purpose built environment. Architectural character is residential in nature, with sloped roofs and front porches encouraged and first floor elevations typically raised above ground level. Typically detached / freestanding single or two-family residences, small-scale multi- family, corner stores, and small scale commercial uses. Pedestrian-oriented streets, but ultimately mode-neutral. Small front yards are encouraged. Parking (not including on-street parking) shall be away from the primary street. T3 and T3+ BES Standard 1.5 Min.; 2.5 Max. (T3), 3.5 Max. (T3+) 1 Max. 12' Max. 10' Max. 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 not applicable South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (e)Frequency of Public Entrances on first story for non- residential second story uses (f )Frequency of Public Entrances on first story for upper residential story use (7)Glazing See Glazing Figures (a)First Story Min. 30% of the length of the building, and Min. 3' in height Min. 15% of the length of the building, and Min 3' in height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories Min. 25% of the length of the building, and Min. 3' in height Min. 12.5% of the length of the building, and Min 3' in height (d)Upper Stories, percent of glazing required to be transparent 75% Min.75% Min. (8)Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 1 every 24'Min. 1 every 36' (b)Single Span of Horizontal Facade Without a Break 24' Max.36' Max. (9)Garages (a) (b) (c ) (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (b)All homes in residential subdivision (unless in cottage court configuration) shall face street (c)Subdivisions will not be designed or laid out in a manner that will result in placing the rear of homes next to streets. (d)Primary facades of homes shall face the street (e)Variation in building façade encouraged and blank walls strongly discouraged (f)To the extent possible, the narrow face of the building should be oriented to the street (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length See Note 3 (c ) (2)Street Types See Article 11 (a)Neighborhood Street (b)Neighborhood Street Narrow (c )Neighborhood Street / Bike Boulevard (e)Support Street (f)Market Street (g)Lane (h)Alley (i)Path Required Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. 4,000' Max. 300' Min., 1,000' Max. Single block lengths greater than 500' shall include a publicly dedicated sidewalk, passage, or trail at least 8' in width that connects to another street. Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street 1 per 4 2 units (see notes 4 and 5) Garage doors shall be either (i) located at a minimum of a 90 degree angle to the street containing the primary building facade or (ii) set back a minimum of 10' from the rear of the Principal Building Encouraged Encouraged Encouraged Required Required Garage doors facing an alley are permitted and highly encouraged 1 per upper story unit Min. South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit See Note 4 (b)Per 1,000 gross s.f. Non-Residential See Note 4 (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (h) (F) Supplemental District Standards (1)Where a T-3 Lot abuts a non-FBC District, the following standards shall apply: (a) A buffer strip shall be required See Section 18.02(B) (G) Streetscape Standards (1)General Standards (a) (b) (c )Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b)Bicycle Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (a) (3) (4)Public and Operable Entrances for Upper Story Units: (a) (b)For corner units, the balcony shall be required along the Primary Street (c )No units located entirely on the third story shall be permitted. (5) Cariage House Small-Lot Multi Family On lots existing as of March 24, 2016 which have less than 100' of frontage on an existing street and are less than 1/2 acre in area, the following supplemental standards , either (but not both) of following are allowed: Upper story glazing shall be a minimum of 30 percent of the façade on the primary building facade and 20% on secondary building facades. New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards Residential: all parking shall be located to the side or rear of buildings Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. Non-residential: all parking shall be on-site and located behind the Principal building All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. 50' Max. average As determined by DPW 1 Min. per 300' frontage Parking spaces may be leased from the city or a private landowner 70' Min. distance between curb cuts 1 Min, 3 Max. 4 2 spaces Min. All second story units facing a Street shall have a balcony of at least 6' in depth or a rooftop patio for the entire width of the building façade along the Street. For a lot or property to be developed or improved, lot width requirements shall be met. 400' Min. distance between curb cuts New construction resulting in additional non-residential gross floor area or residential units shall meet T3 and T3+ Parking Standards New parking is allowed in the side yard Permitted, Qualifies as a Street Prohibited South Burlington Land Development Regulations Carriage House Building Type Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 2 Building footprint Maximum 60% of footprint of prinicipal structure Building area Maximum 60% of area of prinicipal structure Building Placement Prinicipal Building Prinicipal building on lot must meet T3 Frontage requirements for carriage house to be eligible Build-to-zone Front must be at or behind the rear of the primary structure Rear setback Per T3 standards of prinicipal buildings Side setback Per T3 standards of prinicipal buildings Parking location Per T3 standards Open Space Per T3 standards Other Per T3 standards Narrow-Lot multi-family building Description Lot and building placement Lot frontage Maximum 100' Lot depth N/A Lot area Maximum 1/2 acre Units & Scale Dwelling units Maximum of 6 Frontage buildout Minimum 50% A second building either attached to or detahced from the primary hosue and commonly used for sotarage of vehciles and houhold items. The carriage house may also be used for up to two additional dwellings units. Muti-family building on a narrow lot. Front of building has a strong street prensnce and building is oriented towards the street. Appearance of the building from the steret is of a single-family or small multi-family building. Additional units may be side or rear-accessed, up to maximum allowable. Building Placement Build-to-zone Per T3 standards Rear setback Per T3 standards Side setback Per T3 standards Parking location Garages shall not face street except if blocked from view by building Open Space Per T3 standards Other Front porch A covered front porch of at least 10' in width and 7' in dept is required Front doors At least one operable entry shall face the street Other standards Per T3 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-1 8.13 T-4 Urban Multi-Use Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T4 Figures (a)Primary Build-to-Zone 0' Min., 12' Max.0' Min., 18' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T4 Figures (a)Frontage Buildout , Primary Streets 70% Min.70% Min. (Note 1) (b)Frontage Buildout , Secondary Streets 70% Min. within 80' of Primary Street, 50% Min. elsewhere 70% Min. within 80' of Primary Street, 50% Min. elsewhere (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.100% Max. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.100% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 36' Max.54' Max. (b)Maximum distance between Public Entrances, non- residential first story use 46' Max.72' Max. (c )Average Frequency of Operable Entrances, residential first story use 36' Max.54' Max. (d)Maximum distance between Operable Entrances, residential first story use 46' Max.72' Max. (7)Glazing See Glazing Figure (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in Height Min. 20% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent None None None Permitted 2 Min., 4 Max. 1 Max. T4 BES Standard Generally a multi-use, mixed use dense downtown built environment, typical of areas adjacent to and supportive of main street(s). Housing, retail, and other commercial uses are typical; parking facilities are also allowed. The built environment can be a mix of freestanding buildings and shared wall buildings. T-4 is multimodal oriented with an emphasis on medium foot traffic pedestrianism. Parking (not including on-street parking) shall be away (or hidden) from the street. None 24' Max. 14' Max See Note 2 See Note 2 South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (8) Building Breaks See Bldg Breaks Figure (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break 48' Max.48' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street & Connection Types See Article 11 (a)Neighborhood Street Narrow (b )Neighborhood Street (c)Private commercial way (d)Support Street (e)Commercial Street (f)Avenue (g)Commercial Boulevard (h)Destination Street (i)Market Street and Garden Street (j)Path (k)Pedestrian Pass (l)Alley (m) All other street types (4)Curb Cuts (not including street intersections) (a)On Market Street (b) On Garden Street (b)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e ) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Where a T-4 Lot abuts the R4 or R7 Zoning District, the following standards shall apply: (a) A buffer strip shall be required See Section 8.06(E) (b) (c ) (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). Parking shall only be permitted in compliance with applicable BES standards for building frontage Permitted, Qualifies as a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. 400' Min. distance between curb cuts 400' Min. distance between curb cuts Permitted, Qualifies as a Street Prohibited The third story of any building shall be set back a minimum of twelve feet (12’) from the rear building line; and, The fourth story of any building shall be set back a minimum of twenty-four feet (24’) from the rear building line. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. New construction resulting in additional non-residential gross floor area or residential units shall meet T- 4 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height Parking under structures is encouraged 2 spaces Min. 300' Min., 700' Max. 2,800' Max. 100' Min. distance between curb cuts Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT4 BES Standard (d) (e ) (2) (a) (b) (c) (d) (e)Such building shall comply with all other provisions of these Regulations. (3) (a) (b) (4) (G) Streetscape Standards (1)General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a)Benches (b) Bicycle Parking Racks for at least 5 bikes (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. Along Secondary Streets, parking structures within the build-to-zone that do not meet entrance and/or glazing standards are permitted and shall count towards Frontage Buildout requirements, provided that a minimum of 0.5% of the construction cost is used for original artwork installed on or in front of the building façade facing said street. Along Secondary Streets, a Streetfront Open Space, as defined within these Regulations, shall count towards Frontage Buildout requirements. 2 Min. per 100' frontage Permitted 1 Min. per 100' frontage May be used to meet short-term requirements of 13.14 50' Max. average (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary building facade area below the roofline and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Such building shall have a frontage greater than 100' and a footprint greater than 10,000 square feet; Such building shall have a maximum footprint of 3,500 square feet; and, Such building shall comply with all other provisions of these Regulations. No new single-story building shall be permitted within one thousand (1,000) linear feet in any direction from any existing single-story building approved under this subsection; Large Single Story Principal Buildings. New large single-story principal buildings shall be permitted subject to the following requirements: Such building shall be a minimum of 24' in height and shall have the appearance of two or more stories; Such building shall have entries at a frequency of every 50' or less and shall have a maximum distance between entries of 60'; and, Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. All features proposed within an existing, proposed, or planned public ROW shall comply with requirements of the Department of Public Works. Small Single Story Principal Buildings. New small single-story principal buildings shall be permitted subject to the following requirements: All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. Accessory structures shall not exceed 500 square feet in size, shall not be located to the front of any principal building, shall be set back a minimum of five (5) feet from all property lines, and shall have a maximum height of 15'. Standards in Section 3.10(A-D) shall not apply in this district. South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-1 8.14 T-5 Building Envelope Standards (A) Purpose Primary Building Façade Requirements Secondary Building Façade Requirements Supplemental (B) Lot Standards (1)Lot Dimensions (a)Lot size (b)Lot Width (2)Lot Occupation (a)Percentage of Lot Coverage (b)Units per acre (C) Building Standards (1) Building Types (a)All Types (2)Building Stories (a)Principal (b)Accessory (3)Floor-to-Floor Height (a)First story (b)Upper Stories (4)Build-to-Zone See T5 Figures (a)Primary Build-to-Zone 0' Min., 6' Max.0' Min., 9' Max. (b)Secondary Build-to-Zone 0' Min., 24' Max.0'. Min., 36' Max. (5)Frontage See T5 Figures (a)Frontage Buildout 85% Min.85% Min. (Note 1) (b)Percentage of Frontage Buildout within the Primary Build- to-Zone 75% Min.50% Min. (c )Percentage of Frontage Buildout within the Secondary Build-to-Zone 0% Min., 25% Max.50% Max. (6)Entrances See Entrances Figure (a)Average frequency of Public Entrances, non-residential first story use 30' Max.45' Max. (b)Maximum distance between Public Entrances, non- residential first story use 40' Max.60' Max. (c )Average Frequency of Operable Entrances, residential first story use (d)Maximum distance between Operable Entrances, residential first story use (7)Glazing See Glazing Figure (a)First Story Min. 80% of the Width of the Building, and Min. 7.5' in Height Min. 40% of the Width of the Building, and Min 7.5' in Height (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (8) Building Breaks See Note 3 & Bldg Breaks Figure 1 Max. T5 BES Standard Permitted 2 Min., 6 Max. 14' Min., 20' Max. 10' Min., 14' Max. not applicable not applicable See Note 2 See Note 2 Emphasis is on Market Street with high volume foot traffic. Create a street-oriented public realm that encourages a dense downtown, multi-use/multi-purpose built environment. Retail and other commercial uses must be on the ground floor, with and mixed uses permitted above. Parking (not including on-street parking) shall be away (or hidden) from the street. None None None None South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-2 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (a)Building Horizontal Façade Min. 3 every 80'Min. 3 every 80' (b)Single Span of Horizontal Facade Without a Break Recommend every 24- 48 feet; 60' Max. Recommend every 24- 48 feet; 60' Max. (9)Supplemental Building Standards (a)Awnings, Stoops, Vestibules (D) Block and Street Standards (1)Blocks See Section 8.04 (a)Perimeter (b)Length (2)Street and Connection types See Article 11 (a)Destination Street (b)Support Street (c )Neighborhood Street Narrow (d)Market Street & Garden Street (e)Path (f)Alley (b)Pedestrian Pass (h)All other street types (3)Curb Cuts (a)On Market Street (b) On Garden Street (c)All other streets (E ) Parking Standards (1)Parking Amount Requirements (a)Per Residential Unit (b)Per 1,000 gross s.f. Non-Residential (2) Location & Screening (a) (b) (c ) (d) (e) (f) (g) (3) Off-Site Parking (F) Supplemental District Standards (1)Upper Story setbacks (a) (b) (4) (G) Streetscape Standards Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted Connection, Not a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street Permitted, Qualifies as a Street 1,600' Max. 400' Max. No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (a) Off-site parking within 600’ may be used to meet parking requirements for Residential uses. (b) Off-site parking within 1200’ may be used to meet parking requirements for non-Residential uses. (c) Shared parking may be used to meet parking requirements (See Article 13). All stories above the fourth story of any building shall be set back a minimum of twelve feet (12’) from the primary and secondary building facades. All stories above the fifth story of any building shall be set back a minimum of twelve feet (12’) from all Alleys. Accessory structures shall not exceed 500 square feet in size, shall not be located to the front of any principal building, shall be set back a minimum of five (5) feet from all property lines, and shall have a maximum height of 15'. Standards in Section 3.10(A-D) shall not apply in this district. Parking under structures is encouraged Parking shall only be permitted in compliance with applicable BES standards for Frontage Buildout New parking spaces shall be screened from all streets and the public realm, a minimum of four (4) feet in height New construction resulting in additional non-residential gross floor area or residential units shall meet T-5 Parking Standards New surface parking shall be set back from the primary street a minimum of 25' Parking spaces may be leased from the city or a private landowner 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts South Burlington Land Development Regulations ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-3 Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT5 BES Standard (1) General Standards (a) (b) (c ) (d)Proposed development shall comply with all requirement of Article 11 (2)Streetscape requirements (a) Benches (b)Bicycle Parking or Rack Spaces (c )Street Tree Spacing, on center Notes (1) (2)Upper Story Glazing Shall comply with the following standards: If a corner lot is 100’ or less in width along the street containing the primary building facade and (a) Upper story glazing shall be a minimum of 30 percent of the façade area below the roofline on the primary (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. All streetscape features must be consistent within a project and be compatible with adjacent features erected following adoption of this Code. (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding All features proposed within an existing, proposed, or planned public ROW shall comply with 1 Min. per 50' frontage Permitted 20 Min. per 100' frontage May be used to meet short-term requirements of 13.14 30' Max. average Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. South Burlington Land Development Regulations 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: FY ‘19 CCRPC Unified Planning Work Program projects DATE: December 12, 2017 Planning Commission meeting As discussed at your last meeting, the Chittenden County Regional Planning Commission is seeking input on possible transportation planning-related projects they should undertake in their next fiscal year in support of South Burlington. Below is an updated list of proposed projects based on your feedback at the last meeting and some homework staff did per the Commission’s request between meetings. They are listed in order of a “draft priority.” The CCRPC requests that each municipality’s requests be ranked by priority. If Commissioners are ready, you are encouraged and welcome to take action on the draft list, with any modifications, for submittal to the City Council. The Council will be asked to submit the final list by mid-January. Potential FY 2019 UPWP project applications: 1. Multi-site pedestrian crossings scoping Summary: This project would scope out three intersection-level bicycle / pedestrian improvements: (a) adding a refuge island and crosswalk across Williston Road near Pillsbury Manor, (b) adding a crosswalk and improving the refuge on Kennedy Drive at Twin Oaks Drive, (c) examining vehicle lane assignments at Williston Road / Kennedy Dr and Williston Road / Hinesburg Rd to determine if bicycle lanes can be continued to the intersections. Source(s): Champlain Neighborhood Study, Bike Ped Committee Approximate amount of request: $16,000 +/- Approximate match: $4,000 2. Exit 14 Bike Ped Crossing Phase II – Scoping Summary: This project would pick up where Phase I finished and scope a preferred layout and orientation for a bike-ped crossing over the I-89 at Exit 14. Source: Comprehensive Plan; Phase I study 2 Approximate amount of request: $16,000 +/- Approximate match: $4,000 +-/ 3. Land Value of Development / Return on Investment Summary: This project would involve a analysis of the City’s existing development to examine where the City’s strongest performing (value per acres) types of development exist, to initiate a broader discussion about future development, capital investments, and the long-term impacts of public infrastructure. Source: Vermont Downtown Conference / Lake Champlain Chamber of Commerce speaker series; Comprehensive Plan Approximate amount of request: $28,000 +/- Approximate match: $7,000 +/- 4. Williston Road / Dorset Street lane assignments Summary: This project would examine in greater detail the proposed lane re-assignments at the Dorset Street / Williston Road intersection, to include changing the westbound orientation to straighten out the “jog” that exists and improve overall traffic flow Source: Williston Road Network Study Approximate amount of request: $5,000 +/- Approximate match: $1,000 +/- 5. City Center Parking & Movement Plan, Phase I Summary: This project would get the City started into how to management parking & movement of people (employee transportation) in City Center. Building on the broad Transportation Demand Management Options work from 2015, this would begin to establish what the City will need to do both physically and systematically to manage parking and to maximize efficiency in the coming years as City Center builds out. Source(s): Comprehensive Plan Approximate amount of request: $16,000 +/- Approximate match: $4,000 +/- 6. Complete Natural Resources Land Development Regulations Standards Project Summary: The City received CCRPC staff support for completing wildlife / natural resources standards update in the Land Development Regulations. Staff has since communicated with the CCRPC about using this allotted time to assist the City with sustainability data collection & measurement related to the City’s commitment to the Vermont Climate Alliance. This project was 3 funded for FY 2018, but was moved due to the City’s request for assistance in the area of sustainability. Source: Prior work by the Commission; requested and funded in FY 2018 Approximate amount of request: $12,000 +/- Approximate match: $3,000 +/- For Discussion Swift Street Extension connection and/or East-West Roads Update: At the last meeting, Commissioners reviewed a possible idea of scoping a modified Swift Street extension and in what manner it would be designed in a connect as a roadway over to Hinesburg Road. Commissioners asked staff to examine the possibility of updating the City’s east- west road studies, and in meantime gathering information on what had been studied previously. There a have been a few different studies over the years – some of which show an interesting history of some of the connections – but the heart of the work as it relates to our current planned roads exists in two studies: • 2001 East West Roads Analysis • 2007 Dorset Street Corridor Study The East-West Roads analysis performed a series of traffic counts – existing at the time and projected – for a number of scenarios of connecting Swift Street, Old Cross Road, and/or Autumn Hill Road. The Dorset Street Corridor Study looked at connections from Dorset Street to either / both sides. It has relatively detailed analysis of how to make connections and not cut throughs, and how improve the existing and/or planned intersections. This study is based on the current zoning and planning for the SEQ (meaning it was done after the current zoning & plan for the SEQ went into place). The assumed development is actually pretty close to what’s been happening – South Village, Cider Mill, Golf Course, Farrell Street, etc. There’s a lot of useful info in here, and staff would recommend that before we undertake a new study, that the Commission get a full briefing of the findings of these former studies, especially the Dorset Street Corridor Study. A couple of options for the Commission: 1. The Commission could add a review of these two studies to its work plan over the next year, and seek funding for an update in next year’s UPWP round, or 2. The Commission could add a review of these two studies to its work plan over the next year, and request an update to the data in the studies, running the planned streets through the most recent version of the CCRPC’s Traffic Model with up to date information. Staff is reaching out to the CCRPC for a rough project estimate on this and will provide one to the PC. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Proposed street names: Long Drive & Short Drive DATE: December 12, 2017 Planning Commission meeting Highlands Development / JAM Golf have submitted a request for two street names: • Long Drive • Short Drive Both names work in terms of not repeating others in the area and being unique. The folks at Vermont E-911 have taken a look and would be comfortable with either one street name or two street names being used, given the road configuration. Below is an image of the area, off Golf Course Road: SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 28 NOVEMBER 2017 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 28 November 2017, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, A. Klugo, T. Riehle, D. Macdonald, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; Northfield Bank representatives 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: The applicant for item #5 on the agenda requested a continuance to a future meeting. Members agreed to consider this in the sequence of agenda items. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby: The Affordable Housing Committee will be meeting with the City Manager regarding potential waivers of impact fees for affordable housing. The Committee is also trying to identify areas of the city that would be a priority for affordable housing. They are also looking into a state law which allows only one “downtown” type of designated area in a community. Mr. Conner: The Municipal Planning Grant application to the state for designing undergrounding in City Center was fully funded. At its next meeting, the City Council will consider the first reading of a proposal to adopt the Land Development Regulations as an Ordinance. This would add to enforcement potential, particularly for smaller zoning violations. There will be no Planning Commission meeting on 26 December. The City’s website has been updated to make it more welcoming. It now includes each completed report and what the Commission is currently working on. Ms. Louisos: Suggested a joint meeting with the DRB for the 5th Tuesday in January (30 January 2018). Members were receptive to this idea. 5. Request for Boundary Line Determination – Isham Parcel: 2 Ms. Louisos noted that the interested parties could not attend this meeting. Mr. Conner suggested rescheduling for the next meeting. Mr. Macdonald moved to continue the boundary line determination request for the Isham parcel to 12 December 2017. Mr. Mittag seconded. Motion passed unanimously. 6. Zoning Amendment Request – Materials in the Form Based Codes District: Ms. Louisos noted receipt of a written request relating to Section 8.07, “prohibited materials,” specifically vinyl siding. Mr. Conner explained that a few months ago, staff became aware that Northfield Bank had replaced the vinyl siding on 2 of its branches. The regulations say that only “normal repairs” can be done to a building; any new building cannot use a prohibited material. Staff felt that this situation fell in the middle and was not clear in the regulations and that it should be considered by the Planning Commission. Mr. Gagnon noted that when people are replacing something that is prohibited, it is a chance to get what the city wants. Mr. Mittag agreed. Mr. Klugo said there is the issue of keeping a building looking good, and he was on the site of having a building maintained. He said he would feel differently if the building had been replaced. Mr. Macdonald said the buildings look good, and he felt using the vinyl siding was OK since it was pre- existing. Mr. Gagnon said if this applies to only a few buildings in City Center, he would agree with Mr. Klugo and Mr. MacDonald. Mr. Klugo expressed further concern that vinyl siding would be allowed on 2 sides of the building; he felt it should go away entirely in City Center. He questioned why the front façade should be different from the rest of the building and suggested revisiting that wording as it doesn’t make sense. Ms. Ostby said there may be some circumstances where it wouldn’t be visible, but those would be the exceptions. Mr. Conner acknowledged that it is hard to administer anything that says “except where….” Mr. Klugo said he was in favor of allowing replacement “in kind” to prevent deterioration of a building. He also questioned the meaning of “repair.” Mr. Mittag felt this situation was clearly not an “alteration,” and the 35% rule would not apply. Ms. Ostby read from the regulations indicating that the purpose of the code was to get ride of the prohibited materials, including vinyl. However, what follows is confusing. Mr. Klugo said that because of the unclear language, he would give this situation “a pass.” Mr. Mittag expressed concern with setting a precedent and beginning to undo the Form Based Code. 3 Mr. Conner reminded members that if they want to make a change, they have to go through the whole process. He also acknowledged that if the goal is to eliminate prohibited materials, building owners may choose not to upgrade their buildings. Mr. Klugo noted that there are “ugly” buildings which use permitted materials. These buildings look good with prohibited materials. He suggested that they consider what Northfield did as “a repair” and then change the language of Section 8.07 to what the Commission wants. The project manager for Northfield’s replacement project reviewed the history of the project. He noted that when they explained the project to staff, they were told that there was no permit required to change the color from yellow to gray. They could have changed the color by painting it, but that would have created a maintenance issue, so they didn’t elect to do that. He also noted that they did not replace all of the vinyl, just the slats. He felt that using wood would also create a maintenance issue, and hardy plank is three times the cost and would have required replacing all of the trim as well. He stressed that they tried to provide the best solution for the bank. Mr. Conner asked members where they would like this issue to be in 6 months. Mr. Gagnon said he would like uniformity on all sides of the building with a conforming material. He had no issue with vinyl. Mr. Riehle said he agreed with uniformity on all sides. Mr. Klugo agreed with uniformity, but when alterations are done, he was OK with “replacement in kind.” Ms. Ostby agreed with Mr. Klugo. She felt that many of these buildings will be around for a long time and need to be kept up. Mr. MacDonald agreed with Mr. Klugo and Ms. Ostby. He felt that all sides of a building should be of an allowable material but not necessarily the same material. Mr. Mittag agreed with Mr. MacDonald about allowable materials but not necessarily the same material. He was concerned with allowing in-kind replacement. Ms. Louisos was OK with replacing vinyl with vinyl but not replacing other prohibited materials with “in kind” materials. Mr. Conner noted that very minor repairs to a prohibited material are allows (e.g., replacing a small chip of stucco). Ms. Ostby said she would want a building upgraded with a change in tenant/ownership. Mr. Conner suggested “use” in stead of tenant/owner. Ms. Ostby said she wouldn’t want to see an established business carrying a financial burden by forcing an upgrade. Mr. Riehle questioned prohibiting stucco and noted that in Europe stucco buildings look very attractive. Mr. Klugo suggested revisiting the list of prohibited materials. Ms. Louisos asked if Commissioners would agree to an amendment that would extend the list of prohibited materials to all sides of a building, and also allow vinyl siding to he replaced with vinyl siding on a building. This replacement would not apply to other materials on the prohibited materials list. Members agreed that this made sense. 4 Mr. Conner said staff will come back with language based on allowing replacement of vinyl with vinyl as long as there are no alterations and also not allowing a prohibited material on any side of a building so that all sides of the building are conforming. 7. Continued Review of draft amendments to the Land Development Regulations: a. Urban Design Overlay District: Mr. Conner showed some visuals to illustrate the language of the regulations. He said the city will contract with a design firm to provide some good illustrative examples. Mr. Klugo felt this was a great first step. He also cited the difference between an “urban” and a “suburban” entrance. b. Building Heights in C1-R15 and C1-Auto District to Complement Urban Design Standards: Mr. Conner noted that both of these zones allow 15 units per acre. That means buildings of 4 stories. However, there is a 35-foot height limit, which would not allow for 4 stories. To simplify the situation, staff is recommending that on Shelburne Road, north of IDX, buildings could potentially be 5 stories as long as they are not adjacent to an R4 neighborhood. This would not apply south of IDX because zoning is at 7 units/acre at this time. Ms. Ostby suggested some “scenic nodes” along the way so people don’t just drive by rows of 5-story buildings. Mr. Conner stressed that it will be a long time before the areas is built out with 5-story buildings. Ms. Ostby suggested identifying scenic nodes in advance, and then letting height do what it does. Mr. Klugo noted that view corridors can be determined by where the east-west streets are. Ms. Ostby felt there aren’t enough of those streets north of IDX that offer a view. Mr. Klugo noted that buildings can be oriented to accommodate a view. Ms. Louisos reminded members that this is where the city has said it wants dense development, and the Commission shouldn’t do anything to lost that potential. Mr. Conner said he felt that what they were looking for was “a sense of distance,” not a specific view. Mr. Klugo suggested requiring major circulation to be east-west within a development property. Members asked staff to look at opportunities for these “openings” and indicated that the draft language was in the right direction. 8. Initial review of Chittenden County Regional Planning Commission Unified Planning Work Program requests. Ms. Ostby was concerned that Swift Street Extension seemed to be a “fait accompli.” She thought it was going to be discussed. Mr. Klugo cited the list of hurdles before that street could happen. 5 Mr. Conner noted that if/when the Hill Farm property is developed, a road connection will be required pursuant to the present regulations. What kind of road is to be decided. He reminded members that the City Council chose to leave Swift St. Extension on the Comprehensive Plan map when the subject was brought to them during adoption. Ms. Louisos noted there are people in the community who don’t want that road extended and hope the Commission will come to that conclusion. Mr. Mittag said it was put on the map when other roads didn’t exist. Ms. Louisos noted that many other roads have been taken off the map. Mr. Conner cited future challenges without the extension of Swift Street. Mr. Riehle said he would like to revisit east-west roads, not only that one. He felt that discussion should happen soon. Mr. Conner asked members to think about taking on this and other big projects given their existing work list. 9. Introduction to Chief Sustainability Officer Role: Mr. Conner said this is a natural evolution of all the work the Commission and the city have done (e.g., Comprehensive Plan, Stormwater Utility, etc.). He noted that in August, the Council signed onto the Vermont Climate Accord. Creating the Chief Sustainability Officer position puts a framework around what the city already does and how it measures what it does. It also helps with internal evaluation. The Regional Planning Commission has been asked to help with some sustainability efforts. They may be able to help with this but would likely have to move something else would have off the work list for this year, such as the “wildlife zoning” project. Mr. Conner added that South Burlington is a very dynamic community with a lot happening, with the challenge of which projects to do first. He stressed the support of both the Energy Committee and the City Council in these efforts. 10. Meeting Minutes of 14 November 2017: Mr. Riehle moved to approve the Minutes of 14 November 2017 with the correction of a misspelling on p. 3. Mr. Gagnon seconded. Motion passed unanimously. 11. Other Business: a. Application for Certificate of Public Good, Verizon Wireless, 366 Dorset Street: Ms. Louisos noted receipt of a letter from Green Mountain Suites. She noted the Commission had decided not to take action because they were replacing something that was already there. Mr. Klugo 6 noted that what is being proposed is markedly different from what was there, and he wouldn’t that installed where they are planning to install it. Mr. Conner noted that the applicant will be applying for a Certificate of Public Good after 60 days. This is a pre-application notice. South Burlington Realty owns the property. Mr. Conner noted they did remove the barbed wire fence at the city’s request. He also reminded members that this project is exempt from local regulations. Mr. Klugo noted a similar project on Joy Drive where they made the dishes smaller. He suggested the same thing might happen here. Mr. Conner said he would be happy to have that conversation with the applicant prior to the Public Service Board process. b. Letter from South Burlington Land Trust: Members felt they would like to know the status as there is no actual request that has been made. Mr. Conner said UVM put out an RFP for someone to do a plan for the property. They selected a candidate. He stressed that there has been no formal request for a zoning change to the property. Part of the property is zoned Institutional/Agriculture. Mr. Conner suggested they could remove the specific references to UVM so that another higher educational activity could go there. He recommended that members keep this in mind but not take it up until there is an actual request. Members agreed to hold onto the letter until there is a request and consider it at that time. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:36 p.m. ___________________________________ Clerk