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Agenda - Planning Commission - 09/26/2017
South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, September 26, 2017 7:00 pm South Burlington Municipal Offices, 575 Dorset Street AGENDA: 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) a. Staff memo 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. Brief overview of establishment of new Chief Sustainability Officer staff role (7:18 pm) 6. Review possible amendments to the City Center Form Based Code (7:30 pm) 7. Staff update on the Planned Unit Development project and related underlying zoning amendments (8:00 pm) 8. Status report on Planning Commission’s annual Work Plan (8:15 pm) 9. Consider and possibly approve candidate projects for 2018 Vermont Municipal Planning Grant application (8:25 pm) 10. Follow-up on possible future changes to names of Shelburne Road, Williston Road, and Dorset Street (8:35 pm) 11. Consider proposed street names in South Village Phase IIIB – Stafford Street and Douglas Street (8:55 pm) 12. Meeting Minutes (8:58 pm) 13. Other Business (8:59 pm) a. City of Burlington Comprehensive Development Ordinance amendments – Planning Commission Public Hearing Tuesday, October 10, 2017, 6:45 pm at Burlington City Hall 14. Adjourn (9:05 pm) Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. 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: September 26, 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. Brief overview of establishment of new Chief Sustainability Officer staff role (7:18 pm) I am thrilled to report that the City Manager has appointed me as the City’s Chief Sustainability Officer as of last week. Enclosed with your packet is the “job description” as well as a brief summary of my initial ideas around this role. At this meeting I’ll give a brief summary of this and how staff sees this effort being deployed in the short and medium term. 6. Review possible amendments to the City Center Form Based Code (7:30 pm) Enclosed with your packet are a series of relatively small amendments to the City Center Form Based Code on a number of topics, including the recent request to address small lots in the T3. These are a collection of items that have come up over the past year-plus since the Code was adopted. Staff would like, also, to introduce some larger concepts that we’re looking at related to the FBC. 7. Staff update on the Planned Unit Development project and related underlying zoning amendments (8:00 pm) See the attached memo from City Planner Cathyann LaRose. 8. Status report on Planning Commission’s annual Work Plan (8:15 pm) Staff will be providing an updated matrix in advance of the meeting. 9. Consider and possibly approve candidate projects for 2018 Vermont Municipal Planning Grant application (8:25 pm) It’s that time of year again! The City has the opportunity to apply for a municipal planning grant. Approximately $400,000 is available statewide and the field, as always, is very competitive, especially in Chittenden County. Grant awards of up to $20,000 are available. Staff has been evaluating multiple options, using the City Council & Planning Commission priority work plans as a starting point and testing them against staff & committee capacity, project readiness, and competitiveness under the grant priorities. The grant heavily prioritizes projects to support downtowns, villages, and new town centers. Staff has three proposals to present to the Commission and plans to do some legwork between now and the meeting to flesh these out further and test their competitiveness: A) City Center Infrastructure plan & standards. This project would involve developing an overall plan for the connectivity and delivery of utilities in city center: water, sewer, electric, telecom, and possibly stormwater, and establish standards for installation. B) Planned Unit Development / Master Plan user guide. This project, which was proposed as an add-on to the current PUD project the Commission is working on, would develop the “user interface” for the City’s new regulations – easy-to-use forms, illustrated guidebook, etc. C) Add building types to City Center FBC and give the regulations a facelift for ease of use. This project would add in a component of many form based codes that is not present in ours: standards, laid out in graphical form, showing how standards apply to different building types (single family homes, carriage units, townhomes, small multi-use building, etc.). Doing so would provide a little more clarity on what the city is looking for in different parts of the FBC zones, allow greater flexibility to modify some of the dimensional standards based on the building types themselves, and create a better user-interface with the regulations. See page 50 +/- in this example. Staff will come on Tuesday with our final recommendations. The application is due October 2nd, and so we ask that the Commission take action on its recommendations at this meeting. 10. Follow-up on possible future changes to names of Shelburne Road, Williston Road, and Dorset Street (8:35 pm) This item is a follow up to the Commission discussion with City Manager Kevin Dorn this past spring. In this item, Commissioners are asked to think about how it might want to proceed with exploring street name changes and what are the important elements it sees being involved. 11. Consider proposed street names in South Village Phase IIIB – Stafford Street and Douglas Street (8:55 pm) Enclosed please find a question from South Village communities, and a map showing the proposed streets. They would also be ok with having just a single street name for the entire length, in which case they would prefer Stafford. Neither name conflicts with any nearby street names in South Burlington or surrounding communities. 12. Meeting Minutes (8:58 pm) 13. Other Business (8:59 pm) a. City of Burlington Comprehensive Development Ordinance amendments – Planning Commission Public Hearing Tuesday, October 10, 2017, 6:45 pm at Burlington City Hall 14. Adjourn (9:05 pm) ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-1 South Burlington Land Development Regulations 8 CITY CENTER FORM BASED CODE DISTRICT DRAFT SEPTEMBER 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-3 South Burlington Land Development Regulations C. Special Requirements, Prohibitions & Exceptions (1) For buildings on lots adjacent to Public Open Space or Parks, the building facades that are parallel to, and which abut the Public Open Space or Park, without regard to any rights-of-way, shall meet the BES applicable to Secondary Building Facades. Any such building abutting a qualifying street shall meet all BES applicable to such street. (2) Loading docks and other entries meant principally for deliveries shall not face streets, except where: (a) They are set back a minimum of 100 feet from the building façade that is parallel to and closest to the public street; and, (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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-4 South Burlington Land Development Regulations applicable BES. (6) Build-to-Zones. Build-to-Zones are established along both sides and the entire length of all public, planned, and proposed streets within the Transect Zones. (a) In the event that a third party easement which predates the initial adoption of this Article exists within a build-to-zone prohibiting the frontage buildout to be met, the build-to- zone shall, for the length of the easement, be established along the rear edge of the easement. B. Location of blocks and streets. (1) Applicability of block lengths and perimeters. (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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-6 South Burlington Land Development Regulations public lane, pedestrian pass, or path shall be established to the property line or to the nearest existing pedestrian infrastructure that provides perpendicular connectivity. C. Primary and Secondary Streets. Standards for buildings and building placement along Primary and Secondary Streets are contained within the Building Envelope Standards for each Transect Zone. D. Primary and Secondary Building Façade determination. Where a building is located on a lot that is a corner lot or through-lot, the Primary Building Façade shall be the one parallel to and closest to the street with the higher traffic count, except where: (1) The higher traffic count street is an Interstate or Interstate ramp; (2) The lower traffic-count street is labelled as a Primary Street and the higher traffic count- street is labelled as a Secondary Street on the Official Map; (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-7 South Burlington Land Development Regulations (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. (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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-8 South Burlington Land Development Regulations A. Civic Sites. (1) General. Civic sites and buildings are of special public importance. Civic Sites include municipal buildings, libraries, municipal schools, public recreation facilities, and the land on which the Civic building is located. Civic buildings do not include retail buildings, residential buildings, or privately owned office buildings. (2) Modification of Standards. In order to provide greater flexibility to create a special architectural statement, Civic Buildings may be approved with modification of certain standards 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-9 South Burlington Land Development Regulations 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: (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-10 South Burlington Land Development Regulations E. Buffer Strip. Where a Building Envelope Standard requires a Buffer Strip, it shall consist, at a minimum, of the following: (1) A planted buffer not less than twenty (20) feet wide landscaped with dense evergreens and with options for other planting and fencing; OR, (2) A combination of alley, as defined within the Street Typologies of these Regulations, or parking area, and a planted buffer not less than eight (8) feet wide landscaped with dense evergreens, and opaque screening from any vehicle lights or similar sources 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: ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-11 South Burlington Land Development Regulations (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, (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-12 South Burlington Land Development 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 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.” ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-13 South Burlington Land Development Regulations 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: 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-14 South Burlington Land Development Regulations 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. 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 No public realm requirement for residential component. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-15 South Burlington Land Development Regulations tenants/residents. (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. 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-16 South Burlington Land Development Regulations (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 (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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-17 South Burlington Land Development Regulations (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 (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 publically welcoming amenities, as detailed in Table 8-3 and Appendix F, and when located within the public realm as defined in these Regulations. (3) Where Open Space is approved to be located off-site pursuant to Section 8.08(E), up to thity (30) percent of the required landscaping budget may also be located off-site. 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-18 South Burlington Land Development Regulations 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. 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-19 South Burlington Land Development Regulations 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. 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-20 South Burlington Land Development Regulations 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. (4) Change in Use. A nonconforming use only may be changed to a use allowed in this applicable Transect Zone. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. (a) Nothing in these Regulations shall be construed to prevent the owner of a multi-tenant building containing one or more nonconforming uses from utilizing a portion of the building for a conforming use, provided there is no expansion or extension of a nonconforming use or uses as part of such a change in use. (5) Abandonment. See Section 3.11(G) C. Nonconforming Structures (1) Authority to Continue. Nonconforming structures may be continued provided conditions in this Section are met. (2) Repair and Alterations. Repair and alterations may be performed on any nonconforming structure, provided the comply with the Code and with the following: (a) When the total area of alterations to the primary building façade, or to the building façade that is parallel to and oriented to the street, exceeds 35% of the total areas of such building façade, the alterations shall comply with the Building Standards described in the BES applicable to the Transect Zone (excluding build-to-zone and story requirements). For the purposes of this subsection, window and window casing replacement, painting, adding or removal of siding, and other similar changes shall not be considered alterations. For multi- tenant buildings, the standard shall apply separately for each tenant area where that tenant gross floor area exceeds 10,000 square feet. (b) Structural alterations involving the replacement, relocation, removal, or other similar changes to more than 50% of all load bearing wall / pillar elements of a building shall require compliance with all standards within these Regulations. (3) Damage to Nonconforming Structures. See Section 3.11 (F) ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-21 South Burlington Land Development Regulations D. Extensions/Expansions (1) Any nonconforming structure with a gross floor area greater than 20,000 square feet may be altered, provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure. See Figure 8-1. (2) Any nonconforming structure with a gross floor area equal to or less than 20,000 square feet may be altered in a manner that increases the nonconformity by no more than the percentage of the existing gross square footage listed below in Table 8-45. 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: ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-22 South Burlington Land Development Regulations (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 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. 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 Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-2 South Burlington Land Development Regulations Rear additions are allowed because the extension does not increase the degree of the non-conformity. B. REAR: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. C. SIDE: ADDITION Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. C. SIDE: NEW BUILDING New Buildings located outside of the build-to zone are not allowed until the frontage buildout has been met. Permitted Permitted Not Permitted Not Permitted Not Permitted Not Permitted Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-24 South Burlington Land Development Regulations D. SIDE: ADDITION ( Large Building) Side additions are not allowed because the extension increases the width of the building not in the Build-to zone. D. SIDE: ADDITION (Large Building) Add new connected street* and side additions are now allowed because the new street establishes a new Build-to-Zone. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-25 South Burlington Land Development Regulations *New street shall be selected from the pre-determined FBC street types allowable in the site’s transect designation and shall conform to block standards (block lengths). E. Tiers Permitted ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT 8-26 South Burlington Land Development Regulations 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -1 South Burlington Land Development Regulations 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 (e)Frequency of Public Entrances on first story for non- residential second story uses 1 per unit Min. Not applicable 1 per unit Min., except as listed in Note 5 not applicable 1 per upper story unit Min. 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. 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -2 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (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 (j)Pedestrian Pass (k)All other streets (3)Curb Cuts (a)On Market Street (b)All other streets Permitted, Qualifies as a Street Prohibited 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 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 400' Min. distance between curb cuts Required 70' Min. distance between curb cuts Notwithstanding (a) above, a single-car garage set back a minimum of 10' from the front façade of a Principal Building shall be permitted. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T3 -3 South Burlington Land Development Regulations Primary Building Façade Requirements Secondary Building Façade Requirements SupplementalT3 and T3+ BES Standard (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) (a)One front-facing multi-family building per lot, with the following supplemental requirements (i) At least one operable entry shall face the street (ii) Frontage buildout minimum of 50% (iii) Garages shall not face the street except if blocked from view by building (iv) Maximum of six (6) dwellinjg units per building (v) A covered front porch at least 10' in width and 7' in depth is required (b)One Carriage House in addition to an approved prinicipal structure (i) Carriage house must be set back at least 20' from the front of the principal building (ii) Carriage house shall meet all principal building side and rear setbacks (iii) Carriage house is limited to two (2) dwelling units (iv) Carriage house is limited to 2.5 stories in height 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. 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 Parking spaces may be leased from the city or a private landowner 1 Min, 3 Max. 4 2 spaces Min. 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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-4 South Burlington Land Development Regulations 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 24' Max. 14' Max See Note 2 See Note 2 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 None None None Permitted 2 Min., 4 Max. 1 Max. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-5 South Burlington Land Development Regulations 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 ) Encouraged 2 spaces Max. Permitted, Qualifies as a Street Permitted, Qualifies as a Street 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 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 landownerNew 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. Prohibited (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 ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T4-6 South Burlington Land Development Regulations 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: 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. 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: (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 rontage May be used to meet short-term requi 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, (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. The Administrative Officer may approve an alternate arrangement upon finding that the combination of glazing and building materials creates an enhanced overall aesthetic of the building. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-7 South Burlington Land Development Regulations 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 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 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 1 Max. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-8 South Burlington Land Development Regulations 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 2 spaces Max. 2 spaces Min. Encouraged Prohibited Prohibited Prohibited 100' Min. distance between curb cuts 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 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. 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. ARTICLE 8 CITY CENTER FORM BASED CODE DISTRICT T5-9 South Burlington Land Development Regulations 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: Non-hardscape, pervious areas within the front yard shall be predominantly planted with groundcover or flowering vegetation. (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. The Administrative Officer may approve an alternate arrangement upon finding that the combination of glazing and building materials creates an enhanced overall aesthetic of the building. (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 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. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Cathyann LaRose, City Planner SUBJECT: Update on Status of PUD Phase II project DATE: September 26, 2017 Commission meeting The PUD Phase II project is really developing! Staff and the consulting team have been busy meeting with stakeholders and property owners, working on fixes to the underlying zoning and regulatory text, and continuing to develop text for Planning Commission review. Staff will present a full update at the September 26th PC meeting. This includes reiteration of some previous notes from the consulting team as well as a staff update on progress since. Stakeholder Meetings Staff and the consulting team met with four major landowners late this summer. These include Snyder Homes (Chris Snyder), University of Vermont Campus Planning, Hill Farm Estates (Jeff Nick), and O’Brien Brothers Agency (Evan Langfeldt and Andrew Gill). We’re working to schedule one or two more in order to assess other unique properties in the City. These meetings allowed us in part to update these landowners on the project and also to gather information on market trends, unique physical environments, and input on review processes. They were quite informative. I encourage you to read the attached Developer Meeting Notes for more information. It should be noted that the conversation with UVM was not intended to- and did not- specifically reflect on the land which was proposed for an RFP at the time of the meeting. Housekeeping Amendments Staff continues to evaluate current LDR provisions, including existing exceptions, waivers and modifications, with regard to how these support, or may undermine, current zoning district requirements and new planned development provisions. Recent work sessions have focused on proposed PUD types in relation to underlying zoning districts, including allowed uses and densities of development by district, as specified or calculated from current lot size, building and lot coverage, and height requirements. Subdivision/Master Plan Review Initial drafts of these sections are in progress, based on the considerations and outline presented at the May meeting. Zoning District Amendments and Consolidation Currently, PUDs are tied to underlying zoning districts. As recommended in the Phase I Report, planned unit development has been proposed as a “floating zone, fixed on the map only when an application for development, meeting the zone requirements, is approved. Under a floating zone, planned unit development would be “triggered” (allowed or mandated) as specified in the regulations. As we’ve been working to define PUD types in relation to underlying zoning district requirements, it becomes more important to ensure that the underlying zoning districts match the goals of the City as articulated in the Comprehensive Plan. Staff presented a basic first draft of this to the Planning Commission at its second August meeting. Work is ongoing, and we expect to have another draft for the Commission in October. Project Meetings Staff continues to have regular and productive meetings with the consulting team. Next Steps The consulting team will be scheduling meetings with City committees for updates and input. Staff will join them as they meet with Bicycle and Pedestrian Committee, the Natural Resources Committee, Recreation and Parks, Affordable Housing, and likely the Energy Committee in October and early November. The consulting team is continuing to work on text for Planning Commission review. At this time, we are hoping to bring something for your review in early November. Staff continues to work on housekeeping amendments and zoning district amendments and consolidation. Please see the attached listing of ongoing and future components, laid out as internal staff notes. Some of the elements therein will need further discussion to determine what is to be a part of this project, and what should be developed further or more holistically as part of a follow-up project. South Burlington PUD Project: Phase II: Developer Meeting Notes [8/2017, S. Murray] Meetings to date 7/27 Snyder Homes, Chris Snyder 7/27 University of Vermont Campus Planning, Lani Ravin, Claire Forbes 7/28 Hill Farm Estates, Jeff Nick 8/11 O’Brien Brothers Agency, Evan Langfeldt, Andrew Gill Master Plans Master plans are typically developed in some form to support larger development proposals (for financing, permitting, etc.)—e.g., UVM has a campus master plan that guides their process; other developers also have prepared master plans in varying stages of review. The level of detail that may be required is a concern – e.g., land use allocation areas (zones) are reasonable; building footprints should not be required. Should also not have to address small stuff (accessory structures, specific amenities/features) at this stage. Flexibility over time is needed to respond to market dynamics; particularly for phased development. Context/connections – connections (to adjoining properties, road network, in some cases transit routes) are already a consideration. Road connections are often an issue with neighbors—even when planned in advance. Adjoining uses are also considered to a lesser extent. UVM also noted concern that new roads, development will increase development pressure on remaining agricultural land. Amenities – The phasing or scheduled development of planned amenities (e.g. parks, recreation facilities) depends on type, availability of financing, etc. – can’t all be frontloaded in the first phase of development. Vesting/vested rights are really important – needed to secure financing for phased development, major infrastructure improvements. Ten years common – generally acceptable. Planned Development Types: Generally more interest in “urban” forms of planned development (TND and NCD) – better match with current development projects – with the associated caution that mixed use development remains a challenge for financing, especially given shrinking retail market. Finney Crossing in Williston was noted as an example where the mixed use/retail component was scaled back from the original plan in relation to market conditions, given the difficulty in securing tenants for available space. Commercial space may sit vacant for many years. Also general support for transit-oriented development (e.g., along existing, planned transit routes), associated densities – but concerns regarding the need for developer to “provide” (rather than physically accommodate) transit service – planned routes, stops need to be coordinated between the city and GMT. Providing a transit stop or pull off as part of a project design was less of a concern. UVM expressed interest in the campus/office park form of planned development, but asked for more information (and time to provide more feedback). They noted the statutory limitations on city’s ability to regulate institutional uses, but also that land identified for potential sale would not necessarily be under UVM’s control. It was noted that the SEQ represents a real reserve for housing development if zoning in this area is changed and/or forms of higher density planned development are allowed. Land Use Allocations: Need to more specifically evaluate proposed allocations in relation to locally proposed development (e.g., proposed master plans). General support for incorporating some flexibility – e.g., an % uncommitted allocation as a developer option, to apply in relation to changing market conditions – but no real feedback on specific percentages (generally the more flexibility the better). Again, noted difficulty in developing, financing mixed use development, buildings – “nonresidential” component should be defined to allow for a variety of uses (not limited to retail). Less support for specific allocations related to mix of housing types – tied to market conditions; consider additional incentives (v. mandates) for desired forms of housing—e.g., waive impact fees for higher than minimum required densities (given more efficient use of land). Questions, some concerns regarding how civic spaces, uses will be defined in relation to required allocations – for example 5% may be high for civic space if based only total project/land area. General support for defining a “menu” of allowed forms of civic space by type. Also consider defining as a ratio (e.g., SF of civic space/DU or SF of nonresidential). It was also noted that if new development is located near and connected to an existing park, this should be taken into consideration (e.g., with regard to required open space allocations). Should consider allowing modifications of required land use allocations in relation to complementary existing or planned uses within the larger pedestrian or transit shed – may be especially important for infill or redevelopment. Density: General support for a minimum density requirement, in concept– but would depend on how this is defined and applied (e.g., in relation to site constraints). Noted that development is often not built to allowed densities due to site constraints, neighbors – a minimum density provision could help. Transfers of density (e.g., between zoning districts) should be allowed within a project area—not tied to zoning district boundaries. Higher density forms of housing (townhouses, condos/apartments) are needed to support new housing development in the county, but density is not the only consideration – need to build to meet market demand. Consumers continue to prefer new construction, attached two-car garages, convenient parking–but increasingly also walkability, easy access to transit, restaurants, services, recreational amenities (bike paths, parks, playgrounds). Smaller single family homes are especially challenging given land prices, permitting/ infrastructure costs, available financing. Often more density is needed to make project numbers work. Currently new single family dwellings are averaging around 2,000 -2,200 SF (at $300,000+); some as small as 1,600 SF (~ $300,000). “Small” multifamily units averaging around 600 to 900 SF. Requiring alleys, rear-accessed and or recessed garages significantly increases costs and/or creates site challenges for higher density forms of housing. Underground and structured parking are also typically cost prohibitive. Should at minimum allow waivers to address site conditions (e.g., slopes); also allow first floor/pedestal parking, screened from the street. According to one developer, the current market for townhomes and condos is currently 90% downsizing empty nesters, 10% new home buyers –downsizers support higher end condo/apartment development. Willing to accept forms of higher density housing in trade for maintenance services. SFD condo/footprint lots also increasingly popular – minimize yard maintenance requirements. Additional Considerations, Concerns: Current zoning district designations do not necessarily support planned or proposed types of development in some locations. As noted I-A District – north and south are very different with regard to surrounding context—e.g., a TND form could be appropriate within areas of the I-A District. Also consider for portions of I-O district The city needs to share in costs of infrastructure development, especially in support of larger development (citing City Center as an example) – should re-evaluate cumulative impact of infrastructure (especially fire code, road) and impact fee requirements. Common areas, spaces need to be well sited and designed; many go unused (e.g., park at Maple Tree Place noted; scheduled for redesign). Allow for changes in use/programming of space to meet changing resident needs. E.g., some new developments now include indoor gym facilities, outdoor swimming pools for use of residents, guests. PUD Phase II Project Components Ongoing 1. Continue to adjust metrics and geographies of new PUD types 2. Continue to assess thresholds of requirement Ahead of new PUD Regulations: 1. Work on Master Plan Standards a. This should be ready to go regardless of PUD adoption. While they interact, the MP standards should be able to stand on their own. 2. Urban Design Overlay District (aka Shelburne Road) 3. Adjustments to Underlying Zoning a. District assignments b. Also look at uses and dimensional standards- several uses are listed as PUD only. What changes need to happen here so this is clean? 4. Parking Reductions 5. Consider how existing street typologies will play a role 6. Consider those items currently linked to PUD review; some may be best unlinked before or as part of the PUD language adoption. Ex- affordable housing seems to require PUD review per Sharon’s assessment. 7. Misc Organizational Amendments a. Article 3- p 3-8, structures requiring setbacks b. Table C-2 to include width and frontage requirements c. Others- staff has notes Concurrent with PUD Regulations 1. Open Space Standards City wide 2. SEQ updates 3. Clear requirements for projects which do not choose or qualify as PUD a. This will also require a limit on things which can be waived, as well as very clear (likely quantifiable) standards for when things can be waived. b. Must ensure that the site plan standards we’d seek for site plans are fully outlined in site plan regulations; carry over anything which exists in PUD standards which could/should apply to basic site plans. c. Must also ensure that subdivision standards can stand on their own; may also require a connection to PUD or master plan requirements. Or perhaps simplify or only allow in limited circumstances. Needs discussion. Need to consider if subdivisions can pre-empt PUD requirements. After Adoption of PUD regulations/Add-Ons 1. Height requirements city-wide 2. Examine all Conditional Use designations 3. Design book 1 David Marshall From:Robin Jeffers <robin@SDIRELAND.COM> Sent:Monday, August 14, 2017 4:50 PM To:ray (ray@sburl.com) Cc:clarose@sburl.com; Dave Marshall (dmarshall@cea-vt.com) Subject:911 Addresses and Street names for SVillage Ph 3 Attachments:01243-Phase 3- 2016-C1.2 SITE PLAN.pdf Hi Ray, Cathy Ann and the South Burlington Planning Comission, We need to submit to you the street names and 911 plan for South Village. I’ve copied in Cathy thinking she’s the right person for the PC submission. If I’m wrong and need to re-address, please let me know. We are seeking approval for the following street names; Douglas Street Stafford Street. *We are proposing to stay with Midland Ave for all sections of ‘our’ roadway that will connect and become an extension of the existing Midland Ave at Dorset Farms neighborhood. The 911 numbering is based on distance from the Roundabout on S. Jefferson Road. Please let me know if there are any questions. Thanks! Robin CEA1" = 50'01243.14P1- Location Map -NOT to SCALEACCIVIL ENGINEERING ASSOCIATES, INC.EMAY 31, 2017South VillageCommunities, LLCPhase IIIMidland AvenueSouth Burlington, Vermont1. Purpose of this plat is to describe and depict the location anddimensions of Lots 101 - 129 of Phase 3 of South VillageCommunities, LLC. Reference shall be made to the ReferencePlats above) for particulars of adjacent lots, lands and streets, andfor details of the perimeter of the property.2. Bearings shown are referenced toGrid North, VermontCoordinate System of 1983, related to National Geodetic Surveymarks "PG1580", "F 65", "AB9571" and "NE Aiken" established byRTK GPS measurements. Line lengths shown are in feet anddecimals therof.3. A westerly portion of East Jefferson Street has already beenoffered for dedication to the City of South Burlington as shown onReference Plat D.- Reference Plats -A. "DOWNING - CALKINS REVOCABLE TRUST - PLAT OFSURVEY", dated March 23, 2005, by Civil EngineeringAssociates, Inc. (CEA).B. "PHASE 1 SUBDIVISION - SOUTH VILLAGECOMMUNITIES, LLC", last revised 2/26/2015, by CEA.C. "PHASE 2 OVERALL PLAT - SOUTH VILLAGECOMMUNITIES, LLC", last revised 2/22/2016, by CEA.D. "SOUTH VILLAGE COMMUNITIES, LLC, Dedication Plat,Portion of East Jefferson Road", dated 5/25/2016, by CEA.E."OVERALL BOUNDARIES - SOUTH VILLAGECOMMUNITIES ASSOCIATION, INC.", dated 6/30/2016 byCEA.F. "DORSET FARMS - PERIMETER PROPERTY PLAT",dated August 29, 1997, prepared by Lamoureux, Stone &O'Leary Consulting Engineers, .- General Notes -- Legend -Lotting Plat ofDorset StreetSpear StreetAllen RoadNowlandFarm RoadU.V.M.FarmsSITESouth Village Communities, LLCSouth Burlington Vol. 801 Pg. 465Shelburne Vol. 348 Pg. 416RECEIVED FOR RECORDING IN THE LAND RECORDS OF THE CITY OF SOUTH BURLINGTON, VERMONT, AT _____________ O'CLOCKON THE ______ DAY OF __________, 20_____.ATTEST: ____________________________, CITY CLERKAPPROVED BY RESOLUTION OF THE DEVELOPMENT REVIEWBOARD OF THE CITY OF SOUTH BURLINGTON, VERMONT,ON THE _____ DAY OF ________, 20____, SUBJECT TO THEREQUIREMENTS AND CONDITIONS OF SAID RESOLUTION.SIGNED THIS _____ DAY OF _________, 20______.BY ___________________________________, CHAIRPERSON100Grid NorthVCS 1983Note 2TRCTRCTo the best of my knowledge and belief thisplat, consisting of 2 sheets, depicts theresults of a survey conducted by me asdescribed in "Survey Notes" above, basedupon our analysis of land records andevidence found in the field. Existingboundaries shown are in substantialconformance with the records, except asnoted. This plat is in substantialcompliance with 27 VSA 1403, "Recordingof Land Plats". This statement valid onlywhen accompanied by my originalsignature and seal below.________________________________Timothy R. Cowan VT LS 597P:\AutoCADD Projects\2001\01243.14 Phase 3\1-CADD Files-01243.14\Dwg\01243-Phase 3- Lotting Plat.dwg, 7/14/2017 1:16:41 PM, DWG To PDF.pc3 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 12 SEPTEMBER 2017 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 12 September 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 ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; B. Bouchard, J. Weith, T. Harrington, L. Ravin 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 asked to add to Other Business a mini-follow-up regarding UVM properties. 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 noted that in conversations with Sandra Dooley and the Affordable Housing Committee they have discussed issues with the way “congregate housing” is defined in the LDRs. In driving around the city, Ms. Dooley had pointed out the Country Park development which is very large and yet counts as zero density. They were even allowed to add more density. Ms. Ostby said Ms. Dooley has agreed to redo a definition of congregate housing. Ms. Ostby also noted a piece of land near the end of Duval Street which is members of the Committee felt could be considered as a Habitat for Humanity development. Mr. Conner noted that piece of land was purchased with Federal Land and Water Conservation Funds, and so are potential obstacles for development as it was purchased with federal money to be used for parkland. It is also in the 65 dbl noise zone. Mr. Riehle said he met with Ted Palmer who oversees many units of low-income housing, and they talked about a “sense of place.” He added that it seems that low-income and affordable housing is on a “low rung.” He cited the area behind Shaw’s off Shelburne Road where there is no real sense of place. Mr. Conner: The City Council has approved the moving of the Library to UMall on a temporary basis. The Council also signed a purchase/lease agreement for land on Market Street adjacent to the senior housing building for a potential site for a new City Hall and Community Library. 2 Attended the Northern New England Chapter of the American Planning Association meeting in Manchester, NH, and hosted a session on “downtown development” with a focus on restaurants. The owner of Due in Brattleboro said restaurants have become the driver of downtown traffic as retail is not doing this anymore. To address this concern, he had suggested a subsidy to get retail back. 5. Initial discussion on request to allow medical offices in the Industrial-Open Space district outside of the Transit Overlay District: Mr. Bouchard asked the Commission to consider this use. He understood that the city had taken criticism regarding medical uses on Tilley Drive. He also noted there are other private medical uses outside of the Transit Overlay District (e.g. Eye Laser). He felt that private medical uses differ from “medical centers.” Mr. Macdonald asked why there are currently some medical offices outside the Transit Overlay District. Mr. Conner said they predate that district. He also explained how bus routes are considered and determined. Mr. Gagnon suggested that a solution may involve a privately-run system of smaller, van-like buses and asked about a requirement for businesses to fund. Mr. Conner noted that from his part work, drivers are the biggest single cost-driver. He said that there would have to be an assurance that this isn’t a one- year commitment which then disappears and leaves people with no options. Mr. Conner noted that this part of the city has been moving toward high quality office uses. There is a staff concern that there will not be space left for manufacturing uses and other “balancing” uses. Mr. Riehle felt that the people who put the Comprehensive Plan together spent a lot of time deciding on those uses. He said he was leaning toward saying “no” to this request. Mr. Gagnon asked if certain types of medical uses can be defined, specifically those for people who traditionally do or don’t need transit (e.g., orthopedic). Mr. Klugo asked if there has been consideration as to whether the city wants medical uses there. If so, what would the density look like. Ms. Ostby observed that north of 189 seems like a completely different area than south of it. Mr. Klugo said that Tilley Drive has a lot of underutilized property. Ms. Louisos said the area under discussion seems very different to her than the Tilley Drive area. It is not on the bus route. She noted that she was on the Planning Commission when the Transit Overlay District was created, and there had been public complaints regarding medical offices that were not accessible. 3 Mr. Conner identified the area under consideration on the map. He pointed out the residential area south of it as well. Mr. Gagnon also noted that the Commission established a work plan, and this was not part of that plan. He felt that if the Commission takes the up in a serious way, it would have to “bump” something else. Mr. Klugo also noted the citizen Cider experience which took up considerable time and didn’t come to pass. Mr. Conner suggested that if the Commission wants to explore this, he suggested they spend time looking at impacts and also the options to bring transit to the area. He felt this would be a very involved discussion. Ms. Ravin, former chair of the Natural Resources Committee, noted that Committee reviewed proposals when Tilley Drive development was being considered. She said they didn’t know these would be medical uses. They did note that every parcel was completely covered, with no open space. They were told by developers that they “thought” they needed all the parking, even though it was more than required. They also discussed a sidewalk to the main road for people using transit. At that time, people treated the Natural Resources Commission’s concerns as “naïve” and “annoying.” Staff said they couldn’t even talk about transit because they were a natural resources board and not a transit board. Then, as soon as medical offices went it there, there were transit issues, and there were no sidewalks in the original plans. Ms. Ravin said that land use and transportation are linked. You can’t have medical care if you can’t get there. She also noted that a lot of medical offices that used to be on Dorset Street, where there is public transit, moved to Tilley Drive where there was no transit. Mr. Riehle then moved to consider adding to the request for medical offices in the Industrial-Open Space District outside the Transit Overlay District to the work plan and to have staff bring information to the next meeting to enable the Commission to make that decision. Mr. Klugo seconded. In the vote that followed, the motion was defeated 2-4 with Ms. Louisos, Ms. Ostby and Messrs. MacDonald and Riehle voting against. 6. Review of Draft Urban Design Overlay District Standards: Mr. Conner said staff was asked to follow-up for the section from Shaw’s north. People from Burlington felt that what they are seeing there is in scale with what is appropriate for a busy road that is an entry point to both communities. Mr. Conner also noted that there has been an Act 250 decision regarding the Larkin development on Shelburne Road. He has not yet had a chance to review that decision. Ms. LaRose noted there was concern from developers about counting such things as elevator shafts as “height.” Elevator shafts will not be counted. Regarding landscaping, Ms. LaRose said they have addressed the question of “buffer landscaping” using up all the landscaping budget. The regulations will now require on-site landscaping in addition to 4 “buffer landscaping.” If a building is to be 50 feet back from the right-of-way, there will have to be some landscaping up front. Members then considered the area where McDonalds is located and questioned whether that one-story building should drive what goes in around it. Mr. Klugo said that is not his intention. Ms. Ostby said she opposes anything 5 stories high on the west side of Shelburne as it would block sunsets, etc. from the east side. Mr. Gagnon said that would depend on the nodes. He felt there are some intersections where that would be OK. Ms. Ostby said it isn’t only seeing the Lake, it’s the open sky. Mr. Klugo said if the nodes are a quarter of a mile apart, the 5 story buildings would be that far apart. That was the intent. It is also a way to get people to slow down and to have more pedestrian involvement. Mr. Riehle said they have to visualize where there is no view anyway. Ms. Ostby cited a resident on a first floor who can now see sunsets and the mountains. Mr. Klugo said you have to consider the total experience and not just an individual owner. Mr. Conner noted that Shelburne Rd. is a primary area for jobs, etc., because it has sewer, transit and other necessities to support employment. There are points on that road that have been under-utilized. Ms. LaRose said staff will continue to work on this. 7. Review Recommendations from Williston Road Network Study: Mr. Conner noted the map that resulted from David Saladino’s presentation. The feeling is that the road network will work even if Marcotte School remains for many years. Developers were asked what makes for a good development block. There was a lot of support for transit but also concern with converting parking into a roadway (Mr. Conner showed that location). Mr. Conner said that in Form Based Code, there are primary and secondary streets. With a primary street, 80% of the street needs to have buildings on it; with a secondary street, that figure is 50%. The consultant has suggested adding 2 more tiers: a third tier (Mr. Conner showed the location) with a formalized curb on both sides with no requirement for buildings, and a fourth tier just for interconnections between buildings. Mr. Conner noted that a lot of property owners did not to “just throw in” a median on Williston Road. They were supportive of traffic lights to create a safe place for left turns and then working on closing some curb cuts. Mr. Klugo cited the need for trees on Williston Road. Mr. Conner showed the location of a secondary connection road which property owners support. 5 As a next step, staff would like to share this with the South Burlington Business Association. Then they can take the information and draft amendments to the code. The goal is to use the finished product to amend the official city map. 8. Possible warning of public hearing and approval of draft report on amendment to allow Radio/TV studios in the Industrial-Open Space district: Ms. Ostby asked about apparatus behind the buildings. Mr. Conner said that is already addressed in the regulations. Mr. Gagnon moved to warn allowing Radio/TV Studio Use in the Industrial-Open Space district for public hearing on 10 October 2017, 7 p.m. Mr. MacDonald seconded. Motion passed unanimously. Mr. Gagnon then moved to accept the draft Report from staff. Mr. Klugo seconded. Motion passed unanimously. 9. Commission feedback on FY 2019-28 City Capital Improvement Plan: Mr. Conner explained how impact fees are used and where in the process they are used. Mr. Riehle asked about the soccer field at South Village. Mr. Conner said the Recreation Department is thrilled with that. He explained the arrangement with South Village and that the number of units now triggers design and construction of the field. Mr. Riehle noted the improvement at the Van Sicklen intersection and asked whether sidewalks are included. Mr. Conner said now is the time to start adding such things. Mr. Riehle said a lot of people are walking there, and that neighborhood is disconnected from the rest of the city. He felt a sidewalk should be included in any work on the intersection. Ms. Ostby asked about redoing the Swift/Spear intersection. Mr. Conner said design will be done is this fiscal year with construction in 2020. Ms. Ostby noted that the sewer line ends at 1331 Spear St. She thought that while construction is going on, the city could consider extending that line. Mr. Conner said Spear Street reconstruction is not due until 2023, but he would talk with Public Works about that. Mr. Conner noted that he met with the Bike/Ped Committee recently regarding the number of budgets involved. They have also been asked to maintain a “human resources” budget addressing how to project future needs. This all determines how bike/ped projects get done: components are funds to construct and staffing to oversee design and construction. Mr. Riehle felt that impact fees should be reconsidered. Mr. Conner noted that there is the ability to vary fees (e.g., for affordable housing). 10. Minutes of 22 August 2017: 6 Mr. Gagnon moved to approve the Minutes of 22 August as written. Mr. MacDonald seconded. Motion passed unanimously. 11. Other Business: a. Velco 45-day pre-application notice Queen City Park (South Burlington) and East Avenue (Burlington) substation modification: Mr. Conner explained the work being done. In South Burlington the work will address safety standards by expanding the fencing to keep squirrels out. There will be a public meeting in Burlington on 19 October on both projects. Abutters have been notified. b. UVM Land update: Ms. Louisos noted that the Commission was copied on a Land Trust proposal to UVM. VUM is now evaluating proposals. Staff made no recommendations but suggested it be looked at in connection with other UVM land and surrounding zoning. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:32 p.m. ___________________________________ Clerk The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Anita Wade, Zoning Clerk Layne Darfler, Planning Technician TO: South Burlington Planning Director Colchester Planning Director Winooski City Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: September 18, 2017 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance: ZA-18-03 Rezone St. Joseph’s School NMU ZA-18-03 Article 8 Food & Beverage Processing ZA-17-04 Density Calculations The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, October 10, 2017 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on October 9, 2017. CC: Andy Montroll, Burlington Planning Commission Chair Kimberly Sturtevant, Assistant City Attorney David White, AICP, Planning Director Scott Gustin, AICP, Principal Planner Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur Eamon Dunn, Youth Member PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-18-02 Rezone St. Joseph’s School NMU ZA-18-03 Article 8 Food & Beverage Processing ZA-18-04 Density Calculations Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, October 10, 2017 beginning at 6:45pm in Conference Room 12, City Hall,149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows: ZA-18-02: The purpose of this proposed amendment is rezone the portion of the former St. Joseph’s school site from Residential Medium density to Neighborhood Mixed Use. ZA-18-03: The purpose of this proposed amendment is to update Table 8.1.8-1 regarding minimum off-street parking requirements based on the recently adopted ZA-17-08. This amendment updates Bakery uses, adds the new Food and Beverage Processing use and associated parking ratios, and strikes Wholesale Bakery and Micro-Brewery/Winery consistent with changes to the Appendix A- Use Table approved in ZA-17-08. ZA-18-04: The purpose of this proposed amendment is largely a technical correction, addressing a discrepancy in the current CDO regarding calculation of permitted density on a site. The current method described results in calculations of intensity that in some cases exceed the permitted maximum density in the zoning district. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington: ZA-18-02: The proposed amendment applies to the site of the former St. Joseph’s orphanage, located between North Street and Allen Street in the Old North End. ZA-18-03: This proposed amendment applies to all areas of the City in which the Food and Beverage Processing use is by-right or conditionally permitted, including: Downtown, Downtown Waterfront, Downtown Transition, Battery Street Transition, Neighborhood Mixed Use, Neighborhood Activity Center, and Enterprise. ZA-18-04: The purpose of this amendment is largely a technical correction, but will affect all areas of the City which are in zoning districts that permit residential uses. Burlington Planning Commission Public Hearing Warning p. 2 ZA-18-02, ZA-18-03, ZA-18-04 List of section headings affected: ZA-18-02: This amendment modifies Map 4.3.1-1 Base Zoning Districts, Map 4.4.2-1 Neighborhood Mixed Use Districts, Map 4.4.5-1 Residential Zoning Districts, and Map 8.1.3-1 Parking Districts ZA-18-03: This amendment affects Table 8.1.8-1 Minimum Off-Street Parking Requirements ZA-18-04: This amendment strikes language from Sec. 5.2.7 (a) 3 regarding density calculations based on a dwellings units per acre measure. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/pz. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-18-02 Rezone St. Joseph’s School NMU This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is rezone the portion of the former St. Joseph’s school site from Residential Medium density to Neighborhood Mixed Use. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: The proposed amendment has no impact the goals and policies contained within the Municipal Development plan as it relates to the availability of safe and affordable housing. The change to NMU zoning continues to allow multi-family housing, which is likely a more appropriate reuse of the site than single-family and duplex uses should the property ever undergo a comprehensive redevelopment. Compatibility with the proposed future land uses and densities of the municipal development plan: The vision statement within the Municipal Development Plan’s Land Use element states that “historic properties have been adaptively reused and redeveloped to ensure they continue to contribute to the community and neighborhood.” Further, policies contained within the Built Environment element indicate that the City of Burlington will retain and enhance Burlington’s historic buildings and architectural features. This change is proposed to allow the continued use of the historic St. Joseph’s school as a home to many neighborhood-supporting community uses, but expands lot coverage to allow for the requisite parking associated with these uses. Implementation of specific proposals for planned community facilities: The proposed amendment applies to a site on which many community services organizations operate neighborhood-supporting services, and is proposed to be the future home of Burlington Parks and Recreation’s new Old North End Community Center. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Anita Wade, Zoning Clerk Layne Darfler, Planning Technician TO: Planning Commission FROM: Meagan Tuttle, Comprehensive Planner DATE: August 17, 2017 RE: Proposed ZA-18-02: Rezone St. Joseph’s School The Planning Commission received a request from the Champlain Housing Trust (CHT) to rezone the parcel of the former St. Joseph’s school between North and Allen Streets to Neighborhood Mixed Use (NMU). Presently the parcel is split between NMU on the north side along North Street, and Residential Medium (RM) on the south side along Allen Street. The change is being requested so that the CHT can cohesively develop plans for the renovation and reuse of the building for a variety of community purposes. In particular, the split zoning districts limits the building’s adaptive reuse as a home to multiple daycare, social service, and community center uses due to the inability to expand on-site parking without exceeding permitted lot coverage limitations. Presently, the approximately 1.7-acre site contains the former St. Joseph’s school building and open lawn on the southern portion of the property, and a playground and surface parking on the northern portion of the property. It is across from the St. Joseph’s Cathedral, which still operates as a religious facility; the rest of the block is occupied by residential buildings, including both single-family and multi-unit structures. The requested rezone would change the permitted lot coverage, setbacks and permitted uses for the portion of the property along Allen Street. The following pages include selected details comparing the NMU and RM zones. Presently, the portion of the site zoned RM is allowed 40% lot coverage; up to 80% is permitted in the NMU zone. The present lot coverage for the property is around 63%. NMU does not require side and rear setbacks, except when properties abut residential zones. The portion of the parcel requested for rezone is surrounded by RM zoned properties which would require a 15 ft setback along its east and west property lines. While the current owner’s intent is for the building to continue to be used for a variety of community purposes, the rezone would have some effect on permitted uses along Allen Street, such as: single family homes not permitted; community centers, preschools and daycares are permitted, rather than conditional use; variety of neighborhood-supporting commercial uses permitted, rather than conditional use or prohibited, such as convenience and general stores, variety of offices, and restaurants; and libraries, police stations, fire stations and religious facilities are permitted rather than conditional use. District Max Lot Coverage Front Setback Side Setback Rear Setback Max Height NMU 80% 0 ft, but must be 12 ft from the curb on a public street 0 ft except 15 ft setback on any property line abutting a residential zone 0 ft except 15 ft setback on any property line abutting a residential zone 35 ft RM 40%, with adt’l 10% for walkways, porches, etc. Avg of two adjacent lots +/- 5 ft Min: 10% lot width, or avg of two adjacent lots Max: 20 ft Min: 25% lot depth, no less than 20 ft Max: 75 ft 35 ft USES RM/W NMU RESIDENTIAL USES RM/W NMU Single Detached Dwelling Y N30 Accessory Dwelling Unit (See Art.5, Sec.5.4.5) Y N Attached Dwellings - Duplex Y Y 3 Attached Dwellings - Multi-Family (3 or more) Y Y Attached Dwelling(s) – Mixed-Use26 CU Y RESIDENTIAL SPECIAL USES RM/W NMU Assisted Living Y Y Bed and Breakfast4, 6 CU Y Boarding House 6 (4 persons or less) Y Y Boarding House 6 (5 persons or more) CU CU Community House (See Sec.5.4.4) CU CU Convalescent /Nursing Home Y Y Dormitory5 N N25 Group Home Y Y Historic Inn (See Sec.5.4.2) CU CU Mobile Home Park CU N Sorority/Fraternity5 N N NON-RESIDENTIAL USES RM NMU Adult Day Care N Y Agricultural Use20 N N Amusement Arcade N N Animal Boarding/Kennel/Shelter N N Animal Grooming N Y USES RM/W NMU Animal Hospitals/Veterinarian Office N CU Appliance Sales/Service N Y24 Aquarium N N Art Gallery/Studio N Y Auction House N N Automobile Body Shop N N Automobile & Marine Parts Sales N CU Automobile/Vehicle Repair N CU9, 12, 14 Automobile Sales – New & Used N N Bakery - Retail N22 Y Bakery - Wholesale N N Bank, Credit Union N22 Y Bar, Tavern N CU Beauty/ Barber Shop N22 Y Bicycle Sales/Repair N Y Billiard Parlor N CU Boat Repair/Service N N Boat Sales/Rentals N N Boat Storage N N Bowling Alley N CU Building Material Sales N N Café N22 Y Camp Ground N N Car Wash N N Cemetery N N Cinema N CU14 Club, Membership Y CU Community Center CU13 Y Community Garden Y Y Conference Center N N Composting N N Contractor Yard N N Convenience Store (See Sec.5.4.3) N Y12 Convention Center N N Courthouse N N Crematory N N Crisis Counseling Center CU Y Daycare - Large (Over 20 children) (see Sec. 5.4.1) CU13 Y Daycare - Small (up to 20 children) (See Sec.5.4.1) CU13 Y Daycare – Family Home Y Y Dental Lab N Y Distribution Center N N USES RM/W NMU Dry Cleaning Plant N N Dry Cleaning Service N22 Y24 Film Studio N N Fire Station CU Y Food Processing N CU Fuel Service Station9 N CU11 Funeral Home CU 7 CU Garden Supply Store N CU24 General Merchandise/Retail – Small <4,000sqft N22 Y General Merchandise/Retail – Large ≥4,000sqft N N Grocery Store – Small ≤10,000sqft N Y Grocery Store – Large >10,000sqft N N Hazardous Waste Collection/Disposal N N Health Club N CU Health Studio N22 Y Hospitals N N Hostel N Y Hotel, Motel N N Laundromat N22 Y13 Library CU Y Lumber Yard N N Machine/Woodworking Shop N CU Manufacturing N N Manufacturing - Tour Oriented N N Marina N N Medical Lab N CU Mental Health Crisis Center CU (See §5.4.11) N Micro-Brewery/Winery N CU Museum–Small < 10,000 sqft CU13 Y Museum-Large >10,000 sqft N N Office - General N Y Office - Medical, Dental N22 Y Open Air Markets CU Y Operations Center – Taxi/Bus9 N N Operations Center - Trucking9 N N Park Y Y Parking Garage 9 N CU Parking Lot 9 N N Performing Arts Center N CU USES RM/W NMU Performing Arts Studio N CU Pet Store10 N CU Pharmacy N22 Y Photo Studio N22 Y Photography Lab N CU Police Station - Central N Y Police Station - Local CU Y Post Office – Central Distribution Center N N Post Office - Local N22 Y Printing Plant N N Printing Shop N22 CU Public Transit Terminal N N Public Works Yard/Garage9 N N Radio & TV Studio N N Rail Equip. Storage & Repair N N Recording Studio N CU Recreational Facility - Indoor CU N Recreational Facility -Outdoor Commercial N N Recreational Facility -Outdoor N N Recreational Vehicle Sales – New and Used N N Recycling Center – Large 10 (above 2,000 sf) N N Recycling Center - Small 10 (2,000 sf or less) N CU Research Lab N N Restaurant N22 Y13 Restaurant – Take Out N22 Y13 Salon/Spa N22 Y School - Post-Secondary &Community College CU CU School – Preschool Large (over 20 children) (see Sec. 5.4.1) CU13 Y School – Preschool Small (up to 20 children) (see Sec. 5.4.1) CU13 Y School - Primary CU CU School - Secondary CU CU School, -Trade, or Professional N CU Solid Waste Facility - Incinerator, Landfill, Transfer Station N N Tailor Shop N22 Y Warehouse N N Warehouse, Retail9 N N Warehouse, Self-Storage9 N N Wholesale Sales9 N N Worship, Place of CU Y Peru Street North Street Elmwood AvenueMurray StreetAllen StreetRose StreetLa Fountain StreetIntervale AvenueRM NMU RH Excerpt of Zoning MapFormer St. Joseph's School site Map by Burlington Planning & Zoning forPlanning Commission Discussion August 2017 L 0 0.03 0.060.015 Miles CityBase.DBO.zoning_districts_2008_poly ABBREV NMU RCO-RG RH RM Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-18-03 Article 8 Food & Beverage Processing This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to update Table 8.1.8-1 regarding minimum off-street parking requirements based on the recently adopted ZA-17-08. This amendment updates Bakery uses, adds the new Food and Beverage Processing use and associated parking ratios, and strikes Wholesale Bakery and Micro-Brewery/Winery consistent with changes to the Appendix A- Use Table approved in ZA-17-08. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: The proposed amendment has no impact the goals and policies contained within the Municipal Development plan as it relates to the availability of safe and affordable housing. Compatibility with the proposed future land uses and densities of the municipal development plan: This amendment maintains parking ratios for retail scale bakeries, and applies similar parking requirements to the new Food and Beverage Processing use as have been applied to Food Processing, Micro-Breweries, and Tour Oriented Manufacturing uses, and therefore has no impact on the proposed future land uses and densities contained within the Municipal Development Plan. Implementation of specific proposals for planned community facilities: The proposed amendment has no impact on planned community facilities. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Anita Wade, Zoning Clerk Layne Darfler, Planning Technician TO: Planning Commission FROM: Meagan Tuttle, Comprehensive Planner DATE: August 17, 2017 RE: Proposed ZA-18-03: Article 8 Amendment for Food & Beverage Processing On August 7, the City Council approved the proposed ZA-17-08 Food & Beverage Processing. This amendment, however, did not include the corresponding Article 8 updates. Staff recommends Planning Commission approval of the following changes to the minimum required off-street parking requirements consistent with the approved Food & Beverage Processing Amendment. The following recommendation updates uses in Table 8.1.8-1 to be consistent with the changes to uses in Appendix A as part of ZA-17-08. The changes to the parking requirements for the new Food & Beverage Processing use is consistent with the requirements for Tour Oriented Manufacturing, and with the former Micro-Brewery/Winery use. This allows for flexibility in calculating parking requirements for food and beverage processing with or without accessory uses devoted to sales or service of goods to patrons based on the potential intensity of use. Sec. 8.1.8 Minimum Off-Street Parking Requirements Parking for all uses and structures shall be provided in accordance with Table 8.1.8-1. (a) Where no requirement is designated and the use is not comparable to any of the listed uses, parking requirements shall be determined by the DRB upon recommendation by the administrative officer based upon the capacity of the facility and its associated uses. (b) When the calculation yields a fractional number of required spaces, the number of spaces shall be rounded to the nearest whole number. Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts RESIDENTIAL USES Per Dwelling Unit except as noted [no changes] RESIDENTIAL USES - SPECIAL Per Dwelling Unit except as noted [no changes] Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts NON-RESIDENTIAL USES Per 1,000 square feet of gross floor area (gfa) except as noted [all others as written] Bakery- Retail 2.5 2.5 1 Bakery- Wholesale 2 2 1 Food & Beverage Processing 1.3, plus 3 per 1,000 gfa devoted to patron use. 1, plus 2 per 1,000 gfa devoted to patron use 1 Micro-Brewery/Winery 3 2 1 Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-18-04 Density Calculations This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is largely a technical correction, addressing a discrepancy in the current CDO regarding calculation of permitted density on a site. The current method described results in calculations of intensity that in some cases exceed the permitted maximum density in the zoning district. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: The proposed amendment is largely a technical correction, addressing the methodology outlined in the Comprehensive Development Ordinance such that lots may be developed, and the densities more accurately calculated, in order to allow housing units on sites at the densites permitted within various zoning districts. Compatibility with the proposed future land uses and densities of the municipal development plan: The proposed amendment corrects the methodology outlined in the Comprehensive Development Ordinance such that lots may be developed, and the densities more accurately calculated, at the densites permitted within various zoning districts. Implementation of specific proposals for planned community facilities: The proposed amendment has no impact on planned community facilities. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Associate Planner Layne Darfler, Planning Technician Anita Wade, Zoning Clerk Memo to: Planning Commission From: Mary O’Neil, AICP, Principal Planner Date: July 26, 2017 Re: Proposed zoning amendment, language correction to Section 5.2.7 Density and Intensity of Development Calculations Allowable density limits are directed in Tables 4.4.4-1 Dimensional Standards and Density (Institutional) Table 4.4.5-2 (Residential), 4.4.5-5 (IZ allowances), 4.4.5-5 (Senior Housing), 4.4.5-6 (Adaptive Reuse Bonus), 4.4.5-7 (Residential Conversional Bonus and 4.4.5-8, (Maximum Density.) The method for calculating density is provided in Section 5.2.7 Density and Intensity of Development Calculations: (a) Dwelling Units per Acre: In accordance with the district-specific provisions of Article 4, the calculation of development intensity shall be measured as follows in such cases where the intensity of development is measured on a dwelling unit per acre basis: 1. Density Calculation: The total number of dwelling units provided on a development site, or portion of the site where split by a zoning district boundary, shall be divided by the gross site area expressed in acres. In calculating the number of residential units permitted, fractional units of less than five-tenths (0.5) shall be rounded down to the nearest whole number and fractional units of five-tenths (0.5) or greater shall be rounded up to the nearest whole number. Any rounding of fractional units shall be limited to a single final calculation for any development. 2. Density Equivalent, Nonresidential Uses: For purposes of density calculations, each one thousand, five hundred (1,500) square feet of nonresidential gross floor area not contained within a dwelling unit or within common hallways, stairwells and elevator shafts serving said dwelling units shall be counted as one dwelling unit. Upon a challenge three years ago, it was determined that the usual method of calculation (determining the parcel area and multiplying by the allowable number of units per acre) comes out substantially differently when following the prescribed method defined in the ordinance. For example: For a property with a lot size of 17,424 in the RL zoning district and 2 existing units. A third unit (allowable with DRB approval) is requested. RL has a 7 unit maximum density under Table 4.4.5-2. 17,424 sf parcel area divided by 43,560 (an acre) = 0.40 acres Old method: 7 units/ 1 acre = x/.4; x = 2.8; rounded up to 3 so 3 units would be permitted with rounding. Method as described in Section 5.2.7: 3 units (desired) / .4 acres = 7.5 units. This number exceeds the 7 unit/acre limitation, so 3 units cannot be permitted. The rounding provision became irrelevant when strict adherence to the direction of Section 5.2.7 (a) was followed. As the correct method of calculation starts with a whole number (# of units, to be divided by land area expressed in acres), fractional units are eliminated. In order to request a third unit from the DRB, the lot dimensionally would have to be compliant with the 7 unit per acre maximum in RL. Suggested amendment: Sec. 5.2.7 Density and Intensity of Development Calculations (a) Dwelling Units per Acre: In accordance with the district-specific provisions of Article 4, the calculation of development intensity shall be measured as follows in such cases where the intensity of development is measured on a dwelling unit per acre basis: 3. Density Calculation: The total number of dwelling units provided on a development site, or portion of the site where split by a zoning district boundary, shall be divided by the gross site area expressed in acres. In calculating the number of residential units permitted, fractional units of less than five-tenths (0.5) shall be rounded down to the nearest whole number and fractional units of five-tenths (0.5) or greater shall be rounded up to the nearest whole number. Any rounding of fractional units shall be limited to a single final calculation for any development. 4. Density Equivalent, Nonresidential Uses: For purposes of density calculations, each one thousand, five hundred (1,500) square feet of nonresidential gross floor area not contained within a dwelling unit or within common hallways, stairwells and elevator shafts serving said dwelling units shall be counted as one dwelling unit.