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HomeMy WebLinkAboutMinutes - Planning Commission - 08/28/2018 SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 28 AUGUST 2018 The South Burlington Planning Commission held a regular meeting on Tuesday, 28 August 2018, at 6:20 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, A. Klugo, T. Riehle, D. MacDonald, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; Affordable Housing Committee members: J. Simson, S. Dooley, M. Simoneau, T. Rawlings, L. Black-Plumeau; H. Riehle, T. Barritt, S. Dopp, W. Daum 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: No changes were made to the Agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Joint meeting with Affordable Housing Committee: a. Affordable Housing Committee Introduction – why inclusionary zoning. What is the objective? b. What, point by point, does the draft require? c. How does the Inclusionary Zoning draft change the current density bonus? d. Planned Unit Development ideas from the Committee e. A Transfer of Development Rights (TDR) idea for consideration f. Discussion amongst Commissioners & Committee members g. Public Comment on joint meeting Following the introduction of Affordable Housing Committee members, Mr. Simson explained that there is a large group of people who are “housing disadvantaged.” Ms. Black-Plumeau noted that the Committee has targeted rental units to 80%-100% of median income (10% at 80% and 5% at 100%). 80% of median for a 2- person household for a one-bedroom rental would be $1395. Mr. Simson noted this is significant for developers who have indicated that they need an “offset.” He also noted that this would apply when 12 or more units are being built. Ms. Dooley advised that in Burlington, the threshold is 5 or more units. She also said the committee felt that 100-120% should apply to ownership city-wide, including City Center. In terms of design, units must be at least 70% of the size of other units and be of the same materials and architectural design and be equally energy efficient. The same requirements would apply to the sale of lots, and the city would have the option to buy the lots or transfer the option to another entity. Ms. Dooley noted that State law requires some offset. The Committee’s proposal is to award one additional market rate unit for each inclusionary unit. This would increase the density by 1/6. If a developer chooses to build fewer than 12 units but includes some inclusionary, they would get a 1-3 market rate unit bonus. It was noted that units would remain perpetually affordable through deed restrictions or covenants. Mr. Simson said that when there is a PUD, there should be consideration for more multi-family and multi-unit buildings, even in lower density areas. One possibility is within the Southeast Quadrant to have an option to buy 3 TDRs to offset an inclusionary unit. This would also enable people who own those development rights to sell them. Mr. Riehle asked about administering all of this. Mr. Simson said permitting would be the responsibility of the planning office and the DRB. Vetting tenants/buyers could be contracted out. Mr. Riehle asked about income verification. Ms. Black-Plumeau said that would apply only at the first move in. Ms. Dooley noted that when a unit is up for resale, the city could purchase it and then transfer it to Champlain Housing. Ms. Louisos asked if there could be studio units. Ms. Dooley said there could be, but because the units have to be 70% of the market value floor area, it’s hard to have that large an efficiency unit. Mr. Rawlings noted that some places in the country evict people who later achieve a higher income. The City of Burlington doesn’t do that. Ms. Dooley said these units often turn over when people’s incomes increase and they can afford a “less affordable” unit. Mr. Klugo asked how we got a point where $383,000 is considered “affordable.” He noted that a 2-bedroom home ranges from $425,000-$535,000, and a 3- bedroom home from $522,000-$664,000. He also noted that builders are building fewer than 10 units to avoid Act 250. This does not gibe with the 12-unit buildings that would require inclusionary unit(s). Mr. Simson said they are working with what it is possible for this community to do. He stressed that Vermont is not a home-rule state, and changes would have to go through the Legislature. Mr. Klugo said that if they are going to be bound by the kind of state Vermont is, they have to recognize that people who buy at full price are “subsidizing” affordable units. Mr. Klugo also expressed concern with the maintenance of properties. He cited market value homes in the city where people cannot afford the upkeep of their properties. Ms. Dooley noted that Champlain Housing has a special loan program for certain repairs (e.g, roofs). Mr. Rawlings said a lot of the development they will see will be condos, and most maintenance is taken care of. He added that one benefit of affordable housing is that you limit what people are paying which frees up money for maintenance. Ms. Dooley said that people who have maintenance issues are probably paying too much for housing. Ms. Ostby asked if there is anything in the LDRs that required people to maintain their properties. Mr. Simoneau said it is in the mortgage documents. Mr. MacDonald asked what percentage of affordable housing would by single family and what would be condos. Mr. Simson said you will see more condos. Mr. Rawlings said the Inclusionary Zoning Ordinance was passed in 1990 (Burlington) after the single-family housing boom. For the first ten years, it was all condos, then rentals. Now it is virtually all rentals. Ms. Ostby felt this kind of inclusionary will help those who just can’t afford a “non‐affordable” house. She added that in certain parts of the city, it is really a work-force housing issue. Ms. Dooley said there is very little development of mid-range condos as opposed to 24 and 32 unit buildings. She felt that Habitat is really the only way to build single family affordable housing because of donated materials. Mr. Klugo said that Act 250 is messing with the ability to create affordable housing because of the price for “improved land.” Mr. Riehle felt there is “an attack” on the Southeast Quadrant. He could see 12 units in dense areas. He questioned whether the Comprehensive Plan would be changed to allow building up to Shelburne Bay. Mr. Simson said development is already happening in the SEQ, and a developer can pay his way out. Putting 8 or 10 affordable units together takes up less land than 8 or 10 single family houses. Mr. Simoneau asked whether it wouldn’t be good for Vermont if you could save 100‐200 acres of undeveloped land and additional money from people who have to drive to where their jobs are. Ms. Ostby noted there is already a bonus for affordable housing because if you voluntarily add affordable housing in the SEQ, you get a 50% bonus. She felt that the problem is that affordable housing is falling into certain areas of the city and not others. Mr. Rawlings said the goal of inclusionary zoning is to create inclusive neighborhoods that are economically diverse. To do that, you need to make a certain number of units affordable, so there aren’t enclaves of high‐income people with more access to services than low income people have. It was noted that the median income of people in the Southeast Quadrant is more than twice that of the rest of the community. Ms. Ostby said the question is whether that is OK or whether the city wants to do something about that. Ms. Ostby asked how the process works in Burlington. Mr. Rawlings said developers meet with him. He felt it makes sense for the DRB to do this in South Burlington. It could also be a staff person. Mr. Mittag questioned whether the $60,000 “buy out” figure is enough. Mr. Rawlings said the question is whether you want that option to be used or not. Mr. Daum asked what would stop him from buying an affordable unit, fixing it up and selling it for a large profit. Ms. Black-Plumeau explained that there is a perpetual affordability regulation, and there would be deed restrictions that would prohibit that kind of activity. Ms. Dooley added that when you go to sell an affordable unit, you get 25% of its appreciated value. Improvements get credits as well. Mr. Rawlings noted that a title search would uncover the “affordability clause.” Ms. Dooley noted that Champlain Housing Trust owns 600 homes. Mr. Simoneau added that 600 people have made the decision to buy under those conditions. You get to live in a housing unit that costs less than you can afford. Mr. Barritt felt that real “workforce housing” has to be extremely dense.. He also felt it makes more sense to charge developers. A member of the audience cited the importance of having a distribution of affordable housing within a development. He also felt it was important for city staff to be told where the affordable units will be at the beginning of the process. Ms. Dooley said that would be a requirement. Mr. Conner noted it is not a requirement today. Ms. Dooley added that a developer would not be able to see the last 10% of units until all the inclusionary units are built. Ms. Dopp said she favors affordability but has been told it isn’t possible in this community. She wished the focus could be on having Habitat build more homes here. She also would like to see another “Kirby Cottages development” but has also been told that’s not possible. Ms. Dopp said she has an issue with “sacrificing South Burlington to the rest of the county.” She felt development will just radiate out, and you won’t save anything buy doing that. She asked about the possibility of fixing up older homes and selling them as affordable. Committee members said that was a good idea, but once you fix up a house, it sells for more. Ms. Dooley said they reason the committee wants new housing to include affordability is sot he percentage of affordable housing doesn’t go down. She stressed that all the Kirby Cottages were not affordable, only the ones with covenants. Ms. Ostby asked about the next step. Mr. Simson asked the Commission’s time‐line to take this up. Mr. Gagnon said the Commission has to figure out how to implement what the Committee has provided with input from the public. He felt the proposal was far enough along for a Commission discussion on implementing it. Mr. Simson said the Committee would be willing to consider any changes the Commission proposes. 4. Planning Commissioner announcements and staff report: Ms. Louisos noted that the City Council wants Commission input regarding the “domed facility” proposals.  Ms. Louisos also noted there is discussion of televising more Commission meetings. This is a funding issue. The City Council will be holding a public hearing regarding open space, wetlands, development, etc., to hear from citizens. Ms. Louisos felt this would be a good opportunity for a joint Planning Commission/City Council meeting, possibly in early October. Members felt that was a good idea. Ms. Ostby noted an article in The Other Paper regarding the result of the noise study at Chamberlin School. The great news is that all that is needed is to replace some windows. Mr. Conner noted that Ray Belair has retired and there will be a new Planning Department employee, Delilah Hall who comes from New York City via Southern Vermont. Mr. Conner also thanked members for their patience as staff struggles to get along without Ray. 5. Further Comments from the Public: A member of the audience questioned the theory of putting houses so close to the road on Dorset St. She felt it was unattractive and would be an issue if it became necessary to widen the road and that it is “unattractive.” Mr. Klugo explained that having houses closer to the street slows down traffic. He said the real problem is the lack of east-west roads. He also stressed that “you can’t mandate good taste.” 6. Continued Review of Capital Improvement Plan: Interface to Transportation Regulations: Mr. Conner drew attention to last year’s CIP data. He said the Commission has till next Friday to request amendments. Mr. Conner raised the question of how to connect the CIP to how the does transportation impact fees to mitigate the impact of development. He noted that the transportation overlay sets a maximum of development. This keeps roads open but discourages development on major transportation/services routes. The idea is to take both areas and rather than limit development or have developers do their own study, to have the city create a list of projects which the city wants. This would allow the city to be more “nimble” as to how it addresses moving people. Mr. Conner directed attention to the list of projects in the existing CIP which are covered by impact fees, bike/ped priorities, etc. Mr. Riehle said one thing he didn’t see is the Hayes Avenue pedestrian traffic issue. Mr. Conner said there may be a permit condition associated with that. That is a corridor that hasn’t been studied. It would be a great one to add. Mr. Klugo cited the need to be sure the transportation system in place meets the need. He noted that the city of Dallas, Texas, has eliminated its public transportation system. Ms. Ostby said they should look at this when they review east-west connections. Mr. Klugo said he liked the idea of the city having more control. 7. Initial discussion of possible 2019 Vermont Municipal Planning Grant: Mr. Conner reviewed the nature of the grants. He noted that there are 3 things staff has been talking about: a. Complete the guidebook that goes with the LDRs b. A sustainability program for the city c. Develop a city-wide plan for development of open space & parks Members discussed their preference. Mr. Klugo felt a regulating plan for Form Based Code is needed and a plan for how parks tie together. 8. Staff Update on Parking Standards: Mr. Conner said the problem is that the city is requiring more parking than either the city or the developer needs. He cited the example of Denny’s where they would need 3000 sq. ft. of parking for 1000 sq. ft. of building. He also noted that medical office people feel the standard is fine for them. Ideas include lowering minimum requirements (as in the Form Based Code) or to have no parking requirements and to rely on other controls (e.g., lot coverage, and requirements for how it looks). The downside for having no numbers is that it could require action to get more parking (for bikes, etc.), parking needs could change with tenants, and people may park on the street in residential neighborhoods. Staff is also considering an “upper end target number.” A developer would have the opportunity to buy more, if needed. Mr. Conner cited the case of the CVS building at the top of Dorset St. The tenant wanted more parking and the property owner wanted less. The building had to be made smaller to allow for reduced parking. Mr. Conner said it is almost impossible to calibrate parking correctly. He noted that Hannaford needed to request less parking for the redevelopment of the Kmart property. The DRB accomplished this be authorizing 40 park/ride spaces. Mr. Klugo liked the idea of no requirements. He felt you have to get away from “building for a church on Easter Sunday.” Ms. Ostby felt if you want additional parking, you need to provide an amenity. Mr. Conner noted that because so much parking is required, buildings are so far apart you can’t walk between them. 9. Meeting Minutes: No minutes were presented for approval. 10. Other Business a. Petition of Green Mountain Power for a Certificate of Public Good before the Public Utilities Commission for a new Airport Substation on Shamrock Road: Ms. Ostby noted someone has asked the state to eliminate local review. Mr. Conner said it is actually a request to eliminate a lot of paperwork. No issues were raised on the petition. Mr. Mittag questioned the LDR review in October and noted there may be a development coming in before then when time is of the essence. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:10 p.m. Minutes approved by the Planning Commission February 19, 2019; 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: August 28, 2018 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (6:20 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (6:01 pm) 3. Open to the public for items not related to the agenda (6:02 pm) 4. Joint meeting with Affordable Housing Committee (6:10 pm) [Work Plan Project #16] a. Affordable Housing Committee Introduction - why inclusionary zoning. What is the objective? b. What, point by point, does the draft require? c. How does the Inclusionary Zoning draft change the current density bonus? d. Planned Unit Development ideas from the Committee e. A Transfer of Development Rights (TDR) idea for consideration f. Discussion amongst Commissioners & Committee members g. Public Comment on joint meeting Members of the Affordable Housing Committee will be at the PC meeting, principally to discuss the draft Inclusionary Zoning standards for the City. Enclosed are TWO copies of the draft, a “clean version” and a “marked up version”. Both contain the exact same proposal, it’s just two ways of looing over the document. 5. Short break (7:50 pm) 6. Planning Commissioner announcements staff report (8:00 pm) 7. Continued review of Capital Improvement Plan & interface to transportation regulations (8:05 pm) [Work Plan Projects #7, #10, and #11] See enclosed memo 8. Initial discussion of possible 2019 Vermont Municipal Planning Grant application projects (8:25 pm) See enclosed memo 9. Staff update on Parking Standards in the City; possible next steps (8:40 pm) [Work Plan Project #25] Staff will provide an update on where we are with the parking reduction work that the Commission asked us to pursue last winter. 10. Meeting minutes (8:55 pm) 11. Other business (8:57 pm) a. Petition of Green Mountain Power for a Certificate of Public Good before the Public Utilities Commission for a new Airport Substation on Shamrock Road This is the formal submittal of the project that the Commission received 45 day pre-application notice of earlier this year. 12. Adjourn South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 1 Article 18 AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning Historical note: Initially, the City of South Burlington adopted land development regulations requiring the inclusion of affordable and moderate income housing in developments having twelve (12) or more dwelling units only in the City Center Form-Based Codes District. The City’s land development regulations have been amended to require the inclusion of affordable and moderate income housing in developments having twelve (12) or more dwelling units in all City zoning districts in which residential development is permitted. A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2) To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (3) To affirmatively address the current and anticipated need for affordable dwelling units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (4) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the City; (5) To promote the integrated development of mixed-income housing throughout the City, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of the South Burlington community; (6) To promote the development of affordable housing opportunities that are available in locations accessible to goods and services and served by existing or planned public transit services; (6) To ensure that affordable dwelling units developed under inclusionary zoning remain perpetually affordable. (7) To provide integrated development incentives that contribute to the economic feasibility of providing affordable dwelling units, including eliminating or easing maximum residential densities, minimum lot sizes, and minimum parking requirements for residential units within the City. B. Applicability (1) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall apply to all zoning districts in which residential development is permitted to any development, including each phase of development, that will result in the creation of twelve (12) or more dwelling units through subdivision, new construction, or the conversion of an existing structure or structures from non-residential to residential use. For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 2 (a) The developments are located on abutting properties; and (b) The developments are owned or controlled by the same person; and (c) Either: (i) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five- year period, which period shall be measured from the date a proper and complete application is first submitted, or (ii) A master plan exists, as approved by the City, which includes two or more of the developments. (2) Covered subdivisions. Except as otherwise provided in this bylaw, the provisions of this section shall apply in all zoning districts in which residential development is permitted to any subdivision that will result in the creation of twelve (12) or more lots suitable for construction of dwelling units. (3) Exemptions. The following developments are exempt from these requirements: (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. C. Inclusionary Units (1) For covered rental-unit development, at least ten percent (10%) of the total dwelling units offered for rent shall be affordable to households having incomes no greater than 80% of the area median income (AMI) as defined in E.(1)(f) of this section. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI as defined in E.(1)(f) of this section. (2) For covered home-ownership development, at least five percent (5%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 100% of the area median income (AMI) as defined in E.(1)(f) of this section. An additional ten percent (10%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI as defined in E.(1)(f) of this section. (a) Where the application of these formulas results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes to build at least 12 but fewer than 17 rental dwelling units, the requirement will be to include two (2) inclusionary units and both shall be affordable to households whose incomes are no greater than 80% of AMI as defined in E.(1)(f) of this section. (c) When the developer proposes to build at least 12 but fewer than 17 home-ownership dwelling units, the requirement will be to include two (2) inclusionary units one of which shall be affordable to households whose incomes are no greater than 100% of AMI as South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 3 defined in E.(1)(f) of this section and the other shall be affordable to households whose income is no greater than 120% of AMI as defined in E.(1)(f) of this section. (d) When the developer is required to build a number of affordable rental dwelling units that is not evenly divisible by three, the first “remaining” rental dwelling unit must be affordable at the 80% AMI level as defined in E.1)(f) of this section and, where applicable, the second “remaining” rental dwelling unit must also be affordable at 80% AMI level as defined in E.(1)(f) of this section. Example: The developer is required to build 13 affordable rental dwelling units. Eight dwelling units must be affordable at 80% of AMI, four dwelling units must be affordable at 100% of AMI and the “remaining” dwelling unit must be affordable at 80% AMI. (e) When the developer is required to build a number of affordable home-ownership dwelling units that is not evenly divisible by three, the first “remaining” home-ownership dwelling unit must be affordable at the 100% AMI level as defined in E.(1)(f) of this section and, where applicable, the second “remaining” home-ownership dwelling unit must be affordable at 120% AMI as defined in E.(1)(f) of this section. Example: The developer is required to build 13 affordable home-ownership dwelling units. Four dwelling units must be affordable at 100% of AMI, eight dwelling units must be affordable at 120% of AMI, and the “remaining” dwelling unit must be affordable at 100% AMI. (3) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Subsection E.(1)(b) (Off-Site Construction) of this Article, and integrated among market rate units in the development. (b) Similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be constructed with the same exterior materials and architectural design details used in market rate construction. Similar exterior amenities and landscaping shall also be provided. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (ii) Inclusionary units shall be no less energy efficient than market rate units; inclusionary units may differ from market rate units with regard both to interior amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than 70% of the average (mean) gross floor area of market rate units. (iii) Inclusionary units developed as part of a single-family housing development may be accommodated in duplexes or multi-family dwellings that resemble the market rate single-family dwellings, except that multi-family dwellings shall not be permitted in zoning districts in which multi-family dwellings are not a permitted use. Inclusionary units developed as part of a housing development that includes duplexes, triplexes, four-plexes or other multi-family dwellings may be of varied types, including studio, one-bedroom, two- bedroom, three-bedroom and/or four-or-more-bedroom construction. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 4 (iv) Inclusionary units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (c) Constructed and made available for occupancy concurrently with market rate units unless the Development Review Board, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, approves a plan allowing non- concurrent construction of the affordable units. The last 10% of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued for all buildings containing inclusionary units, including when inclusionary units are provided off-site as provided for in Subsection F.(1)(b) (Off-Site Construction) of this Article. D. Inclusionary subdivisions. (1) For covered subdivisions, at least five percent (5%) of the total lots offered for sale shall be affordable to households having incomes no greater than 100% of the area median income (AMI) as defined in E.(1)(f) of this section. An additional ten percent (10%) of the total lots shall be affordable to households having incomes no greater than 120% of the AMI as defined in E.(1)(f) of this section. (a) Where the application of this formula results in a fractional building lot, that fractional lot shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes a subdivision having at least 12 but fewer than 17 building lots, the requirement will be to include two (2) affordable building lots one of which shall be affordable to households whose incomes are no greater than 100% of AMI as defined in E.(1)(f) of this section and the other shall be affordable to households whose income is no greater than 120% of AMI as defined in E.(1)(f) of this section. (c) When the developer is required to have a number of affordable building lots that is not evenly divisible by three, the first “remaining” building lot must be affordable at the 100% AMI level as defined in E.(1)(f) of this section and, where applicable, the second “remaining” dwelling unit must be affordable at 120% AMI level. Example: The developer is required to include 13 affordable building lots. Four (4) building lots must be affordable at 100% of AMI, eight (8) building lots must be affordable at the 120% of AMI, and the “remaining” one (1) building lot must be affordable at the 100% AMI. (2) Inclusionary subdivisions required under this section shall: (a) Include affordable building lots whose average area is no less than 70% of the average area of the market-priced building lots included in the subdivision. (b) Include affordable building lots whose shapes are similar to the shapes of the market- priced building lots in the subdivision. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 5 (c) Integrate the affordable building lots into the design of the subdivision in a manner satisfactory to the Development Review Board. (d) Make each affordable building lot available for purchase for $60,000 or the average price of the market-priced lots in the development, whichever is lower. This price policy assumes that the building lot has access to utilities. (d) Provide the City with the option to purchase or transfer its option to purchase affordable building lots. Any applicant developing a covered inclusionary subdivision shall adhere to the following provisions with respect to the initial offering of affordable building lots for sale: (i) The developer shall notify the City Manager or his/her designee of the prospective availability of any affordable building lots at the time that the permit is issued for the covered subdivision; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, shall then have an exclusive option for ninety (90) days to purchase each offered affordable building lot for sale for the price per lot consistent with 18.01 D.(2)(d) from the developer unless waived or transferred; (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for affordable building lots, or declaring an intent not to exercise such option, the developer shall offer the affordable building lots for purchase to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. (iv) If the City Manager or his/her designee fails to close on the affordable building lots by the later of the date on which one-third of the market-priced building lots have been sold or the last day of the 90-day option period, the developer shall offer the affordable building lots for purchase to households for the price per lot consistent with 18.01 D.(2)(d); (v) On or before a purchase and sale agreement is executed between the developer and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase one or more of the affordable building lots in a covered subdivision to a 501(c)(3) organization whose primary purpose is the development of affordable housing. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the developer of such assignment and the organization to which the City has assigned the option, which organization shall deal directly with the developer, and shall have all of the authority of the City Manager, as provided under this subsection. (f) Make the affordable building lots available for purchase no later than the date on which one-third of the market-priced building lots have been sold unless the Development Review Board, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, approves a plan that allows sale of the affordable building lots to commence subsequent to the sale of one-third of the market-priced building lots. (g) Market affordable building lots to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 6 (h) Ensure initial and continued (perpetual) affordability of the building lot, including sales after the affordable lot is developed with a dwelling unit, through compliance with the requirements of subsection 18.01 E. Affordability Requirements. E. Affordability Requirements (1) Affordability Determinations. Inclusionary units and affordable building lots required under this section shall be affordable and marketed to income-eligible households as follows: (a) Affordability for Inclusionary Units. The affordability standard for housing costs is that they not exceed 30% of annual household income as defined herein. Housing costs are defined as follows: (i) For rental units – rent (inclusive of any condominium or homeowners’ association fees) and utilities (water, electricity and heating costs). (ii) For sale units – mortgage principal and interest, annual property taxes, average homeowner’s insurance premiums, average mortgage insurance premiums, and condominium or homeowners’ association fees. Please note these regulations do not prohibit a household that meets the applicable affordability requirement for its household size to purchase or rent an inclusionary unit whose costs exceed 30% of the household’s income (see (g) Relationship of Actual household sizes and household incomes to affordable rents and purchase prices. below). (b) Affordability for Affordable Building Lots. The affordable price for affordable building lots is determined in accordance with subsection 18.01 D.(2)(d). (c) Maximum Rents and Sales Prices for Inclusionary Units. The maximum rent or sales price corresponding to the applicable income thresholds (i.e. 80%, 100%, or 120% of AMI) for an inclusionary unit shall be determined based on income guidelines published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The maximum rent or sales price shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. (cd) The maximum rent or sale price of an inclusionary unit shall be calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent”: Table 18-1 HUD Formula for Determining Maximum Rents and Purchase Prices Unit Size Household Size Equivalent1 1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the dwelling unit. The result is that the maximum rent or sales price for a particular inclusionary unit is the same for all eligible households seeking to rent or purchase that affordable dwelling unit. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 7 Efficiency/Studio 1 One-Bedroom Unit 1.5 Two-Bedroom Unit 3 Three-Bedroom Unit 4.5 Four-Bedroom Unit 6 (e) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending institutions offering mortgages for dwelling units located in South Burlington. The calculated price shall assume a down payment of no more than 5% of the purchase price. (f) Income eligibility for inclusionary units. The maximum household income thresholds for renters and buyers of inclusionary units corresponding to the applicable income thresholds (i.e. 80%, 100%, or 120% of AMI), shall be determined based on income guidelines, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based eligibility requirements established by a partnering housing organization. The maximum household income of eligible renters and buyers moving into inclusionary units shall be determined using the most recent income guidelines available at the time a unit is available for occupancy, as adjusted for the size of the household moving into the unit. (g) Relationship of Actual household sizes and household incomes to affordable rents and purchase prices. The process of renting or selling inclusionary units to income-eligible households does not require a precise matching process. For example, the monthly rental or monthly home- ownership housing cost is not required to be no greater than 30% of household income. In addition, the size of the renter or purchaser household is not required to be precisely matched to the number of bedrooms in the dwelling unit. This matching process is flexible and takes into consideration the household’s other financial resources and -obligations. Maximum allowable rents and purchase prices are based on a hypothetical household size combined with the applicable HUD produced Area Median Income (AMI) level for the unit (80%, 100%, or 120% AMI) for that household size. The hypothetical household size is based on the number of bedrooms in a unit and a HUD formula that designates an assumed household size dependent on the unit’s number of bedrooms. This hypothetical household size does not control the size of the actual household that rents or purchases the inclusionary unit. For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used to determine the maximum rent or sales price of a particular inclusionary unit. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 8 In addition, the AMI amount used to determine the maximum allowable rent or purchase price is not used to determine whether the actual applicant household meets the income eligibility requirement for an inclusionary unit. A household’s Income eligibility is based on its actual size and whether or not its annual income does or does not exceed the unit’s AMI level for its actual household size. The result is that the actual renter or purchaser household’s size and its income may vary from the assumed size and income of the hypothetical household, which determine the maximum rent or purchase price for the inclusionary unit. For example, depending on the household size and income used to calculate the rent or sales price for the inclusionary unit, the actual renter or purchaser household may end up paying more or less than 30% of its household income on monthly rental or home-ownership housing costs. In addition, the size of the renter or purchaser household may be more or less than the hypothetical household size used in calculating the maximum allowable rent or sales price. The examples below show what may be permissible for an individual household situation. These examples do not represent situations that are approvable for all households having similar circumstances. ● a two-person household may purchase a three-bedroom house or condominium. ● a three-person household whose income is 70% of AMI may rent an apartment whose rent is set to be affordable to households having incomes no greater than 100% of AMI. ● a two-person household whose income is 90% of AMI may purchase a condominium or house whose price is set to be affordable to households having incomes no greater than 120% of AMI. Note, however, that a household with a 90% of AMI income may not move into an apartment whose rent is set to be affordable to households having incomes no greater than 80% of AMI. (2) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for limiting equity appreciation to an amount not to exceed 25% of the increase in the unit’s value, as determined by the difference between fair market appraisals of the unit at the time of purchase and the time of resale, with adjustments for improvements made by the seller and the necessary costs of sale, as may be approved by the City Manager. In addition, the City shall have the option to purchase or transfer its option to purchase owned inclusionary units at each future time of resale. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an owned inclusionary unit; South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 9 (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, shall then have an exclusive option for thirty (30) days to purchase the owned inclusionary unit from the seller at a price consistent with the requirements of this subsection unless waived or transferred; (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the owned inclusionary unit, or declaring an intent not to exercise such option, the seller shall offer the owned inclusionary unit for purchase to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. (iv) If the City Manager or his/her designee fails to close on the owned inclusionary unit by the last day of the 30-day option period, the seller shall offer the owned inclusionary unit for purchase to households for the price per lot consistent with the requirements of this subsection; (v) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the owned inclusionary unit to a 501(c)(3) organization whose primary purpose is the development of affordable housing. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment and the organization to which the City has assigned the option, which organization shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b) Rent Changes. Provisions to ensure the affordability of rental units shall require that annual rent changes not exceed the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington- South Burlington MSA, when the change is a decrease. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases are made necessary by documented hardship or other unusual conditions. Such exceptions may not take effect until approved in writing by the City Manager; (c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at rental rates that exceed affordability limits established pursuant to this section. (3) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household move-in incomes of unit tenants, and certifies that unit affordability has been maintained as required. F. Developer Options (1) Options (a) and (b) below are available to developers, upon request, as necessary to address documented financial hardships, physical site constraints, or other equally compelling circumstances that limit or preclude the incorporation of inclusionary units within a covered development. In the case of developments located within the City Center Form-Based-Codes District, the Zoning Administrator shall decide whether to allow or disallow a request for Options (a) and (b). In the case of developments located in zoning districts other than the City Center Form-Based-Codes District, the Development Review Board shall decide whether to allow or disallow a request for Options (a) South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 10 and (b). Options (c) and (d) are available to the developer at his or her discretion. Option (e), a payment or contribution in lieu of constructing required inclusionary units in the City Center Form- Based Codes District, shall be prohibited. (a) Dedication. The Zoning Administrator, for developments located in the City Center Form- Based-Codes District, and the Development Review Board, for developments located in other zoning districts, in consultation with the South Burlington Affordable Housing Committee, may accept as an alternative to the development of inclusionary units, a dedication by the developer having equal or greater value than the per unit “Contribution to the Housing Trust Fund” (as defined in item (e) below) multiplied by the number of inclusionary units for which the dedication would substitute that furthers the purposes of this section. An example might be the donation of developable land suitable for affordable housing in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. (b) Off-Site Construction. The Zoning Administrator, for developments located in the City Center Form-Based-Codes District, and the Development Review Board, for developments located in other zoning districts, in consultation with the South Burlington Affordable Housing Committee, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, may allow the developer to comply with the requirements of this section by constructing, within two years of receiving a permit for the covered development, the required number of inclusionary units on another site within the same contiguous boundary of the zoning district in which the covered development is located, or contracting with another entity to construct the required number of units within the same contiguous boundary of the zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units. (c) A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. (d) A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. (e) Contribution to the Housing Trust Fund. Depositing $60,000 into the City of South Burlington’s Housing Trust Fund per unit for one or more of the inclusionary units otherwise required by this regulation. Beginning on January 1, 2019 the amount of the contribution shall be adjusted by multiplying this amount originally deposited for each unit a fraction, the denominator of which shall be the “Consumer Price Index for Urban Wage Earners and Clerical Workers” U.S. City Average, “All Items Index”, for January 2018, and the numerator of which shall be the index for the subsequent month and year as of the date of submission of the application. In the event that the index is not then in existence the parties shall use such equivalent price index as is published by any successor government agency then in existence. A contribution in lieu of constructing required inclusionary units In the City Center Form-Based Codes District shall be prohibited. G. Affordable Housing Density Bonuses for Fulfillment of Inclusionary Unit Requirements (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 11 in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and is covered by this bylaw, such approval shall, upon request of the applicant, include a density bonus over the base zoning density based on the application’s fulfillment of this Section’s inclusionary unit requirements. The density bonus shall be one additional dwelling unit for each required inclusionary unit that is constructed. No density bonus shall be provided for any required unit for which the developer receives approval for the Dedication or Contribution to the Housing Trust Fund as described in 18.01 F.(1)(a) & (e) herein. The density to which the bonus shall be added is the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. Density bonus dwelling units are not subject to the Inclusionary Requirement. The tables below show the acreage required to reach the 12-unit threshold at which the inclusionary requirement applies and the effect of the density bonus on the density of the development. Table-G1 shows the effect on a development containing rental units. Table-G2 shows the effect on a development containing home-ownership units. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 12 G1. Inclusionary Rental Units Required at Threshold Level (where Inclusionary Units become required) Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤80% AMI Units Required ≤100% AMI New Unit Total New density for develop- ment South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 13 G2. Inclusionary Home-Ownership Units Required at Threshold Level Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤100% AMI Units Required ≤120% AMI New Unit Total New density for develop- ment 1 12 12 2 1 1 14 1.17 1.2 10 12 2 1 1 14 1.4 2 6 12 2 1 1 14 2.33 3 4 12 2 1 1 14 3.5 4 3 12 2 1 1 14 4.67 7 1.71 12 2 1 1 14 8.19 12 1.0 12 2 1 1 14 14.0 15 0.80 12 2 1 1 14 17.5 (a) Should the development include more than the minimum number of required Inclusionary Units but fewer than twice the minimum number of required Inclusionary Units, no additional density bonus dwelling units shall be approved. 1 12 12 2 2 0 14 1.17 1.2 10 12 2 2 0 14 1.4 2 6 12 2 2 0 14 2.33 3 4 12 2 2 0 14 3.5 4 3 12 2 2 0 14 4.67 7 1.71 12 2 2 0 14 8.19 12 1.0 12 2 2 0 14 14.0 15 0.80 12 2 2 0 14 17.5 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 14 (b) The density bonuses described above shall be approved as long as such density increase as applied to the specific covered development does not result in non-compliance with Section 15.02(A)(4). Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive a density bonus of four (4) additional dwelling units (total of 28 dwelling units). The resulting density will be 4.67 dwelling units per acre. The four-dwelling-unit bonus represents a 17% increase over the maximum units permitted without the density bonus. Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive a density bonus of five (5) additional dwelling units (total of 41 dwelling units). The resulting density will be 13.67 dwelling units per acre. The five-dwelling-unit bonus represents a 14% increase over the maximum units permitted without the density bonus. H. Affordable Housing Density Bonuses for Voluntary Provision of Twice the Required Number of Inclusionary Units (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and the applicant has voluntarily included twice the number of inclusionary units required by this bylaw, such approval shall, upon request of the applicant, include an additional density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary unit included voluntarily. The density to which the bonus shall be added is the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. Density bonus dwelling units are not subject to the Inclusionary Requirement. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 15 H1. Density Bonuses: (Voluntary) Twice the Required IZ Rental Units (including # required at <80% & <100% AMI) H2. Density Bonuses: (Voluntary) Twice the Required IZ Home-Ownership Units (including # required at <100% & <120% AMI) Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Provided Units Required ≤100% AMI Units Required ≤120% AMI New unit total New density for develop- ment 1 12 12 4 2 2 16 1.33 1.2 10 12 4 2 2 16 1.6 2 6 12 4 2 2 16 2.67 3 4 12 4 2 2 16 4.0 4 3 12 4 2 2 16 5.33 Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Provided Units Required ≤80% AMI Units Required ≤100% AMI New Unit Total New density for develop- ment 1 12 12 4 3 1 16 1.33 1.2 10 12 4 3 1 16 1.6 2 6 12 4 3 1 16 2.67 3 4 12 4 3 1 16 4.0 4 3 12 4 3 1 16 5.33 7 1.71 12 4 3 1 16 9.36 12 1.0 12 4 3 1 16 16.0 15 0.80 12 4 3 1 16 20.0 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 16 7 1.71 12 4 2 2 16 9.36 12 1.0 12 4 2 2 16 16.0 15 0.80 12 4 2 2 16 20.0 (a) To receive a density bonus for voluntary provision of twice the number of required IZ rental units, at least two thirds of the additional (not required) units must have rents affordable to households having incomes no greater 80% of AMI. (b) To receive a density bonus for voluntary provision of twice the number of required IZ home- ownership units, at least one-third of the additional (not required) units must be affordable to households having incomes no greater 100% of AMI Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units but voluntarily adds four (4) additional inclusionary units. The developer shall receive a density bonus of four (4) dwelling units for the required inclusionary units and four (4) dwelling units for the (voluntary) additional four (4) inclusionary units, or a total density bonus of eight (8) dwelling units and a total 32 units in the development. The resulting density will be 5.33 dwelling units per acre. The eight-dwelling-unit bonus represents a 33% increase over the maximum units permitted without the density bonus. Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units but voluntarily adds five (5) additional inclusionary units. The developer shall receive a density bonus of five (5) dwelling units for the required inclusionary units and five (5) dwelling units for the (voluntary) additional five (5) inclusionary units, or a total density bonus of 10 dwelling units and a total 46 units in the development. The resulting density will be 15.33 dwelling units per acre. The 10-dwelling-unit bonus represents a 28% increase over the maximum units permitted without the density bonus. I. Affordable Housing Density Bonuses for Voluntary Provision of More than the Required Number of Inclusionary Rental Units Affordable at or below 80% AMI or More than the Required Number of Inclusionary Home-Ownership Rental Units Affordable at or below 100% AMI (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and the applicant has voluntarily included more than the required number of inclusionary rental units affordable to households having incomes no greater than 80% AMI or more than the required number of inclusionary home-ownership units affordable to households having incomes no greater than 100% AMI, such approval shall, upon request of the applicant, South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 17 include an additional density bonus. The density bonus shall be one additional dwelling unit for each voluntary 80% AMI inclusionary rental unit or one additional dwelling unit for each voluntary 100% AMI inclusionary home-ownership unit. These bonus dwelling units are not subject to the inclusionary requirement. I1. Density Bonuses: (Voluntary) More IZ Rental Units than Required at <80% AMI Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤80% AMI Extra Units Provided ≤80% AMI Twice Required # Inclus. Units Bonus New Unit Total New density for develop- ment 1 12 12 2 2 4 2 20 1.67 1.2 10 12 2 2 4 2 20 2.0 2 6 12 2 2 4 2 20 3.33 3 4 12 2 2 4 2 20 5.0 4 3 12 2 2 4 2 20 6.67 7 1.71 12 2 2 4 2 20 11.7 12 1.0 12 2 2 4 2 20 20.0 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 18 I2. Density Bonuses: (Voluntary) More IZ Units than Required at <100% AMI Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusiona ry Units Provided Units Required ≤100% AMI Extra Units Provided ≤100% AMI Twice Required # Inclus Units Bonus New unit total New density for develop- ment 1 12 12 4 2 4 2 20 1.67 1.2 10 12 4 2 4 2 20 2.0 2 6 12 4 2 4 2 20 3.33 3 4 12 4 2 4 2 20 5.0 4 3 12 4 2 4 2 20 6.67 7 1.71 12 4 2 4 2 20 11.7 12 1.0 12 4 2 4 2 20 20.0 15 0.80 12 4 2 4 2 20 25.0 Example (1): In a 36-unit rental housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units but voluntarily adds five (5) additional inclusionary units. The developer voluntarily makes all of the inclusionary units affordable at 80% AMI. The developer shall receive a density bonus of five (5) dwelling units for the required inclusionary units, five (5) dwelling units for the (voluntary) additional five (5) inclusionary units, and two (2) dwelling units for (voluntarily) making two (2) more inclusionary units than required affordable to households with incomes no greater than 80% AMI, or a total density bonus of 12 dwelling units and a total number of units in the development of 48. The resulting density will be 16.0 dwelling units per acre. The 12-dwelling-unit bonus represents a 33% increase over the maximum units permitted without the density bonus. Example (2): In a 24-unit home-ownership housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units but voluntarily adds four (4) additional inclusionary units. The developer voluntarily makes all of the inclusionary units affordable at 100% AMI. The developer shall receive a density bonus of four (4) dwelling units for the required inclusionary units, four (4) dwelling units for the (voluntary) additional four (4) inclusionary units, and four (4) dwelling units for (voluntarily) making four (4) more inclusionary units than required affordable to households with incomes no greater than 100% AMI, or a total density bonus of 12 dwelling units and a total 36 units in the development. The resulting density will be 6.00 dwelling units per acre. The 12-dwelling-unit bonus represents a 50% increase over the maximum units permitted without the density bonus. 15 0.80 12 2 2 4 2 20 25.0 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 19 J. Affordable Housing Density Bonuses for developments with fewer than 12 dwelling units (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. (2) When the Development Review Board reviews and approves or approves with conditions an application that includes at least three (3) but fewer than 12 dwelling units and the developer has opted to construct one or more units that qualify as inclusionary at or below the 80% of AMI level, such approval shall, upon request of the applicant, include a density bonus, as specified in Table J. below, over the initial number of units in the development (i.e. before density bonus units are added). These bonuses apply to both rental and home-ownership developments with fewer than 12 units in which the developer voluntarily provides inclusionary units at the <80% AMI level. J. Density Bonuses: Voluntarily Building IZ Units at <80% AMI When None is required Regular Density Maximum dwelling units/acre # of units to be built # of inclusionary units built voluntarily and affordable for households at <80% AMI Density Bonus New Unit Total 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 1 0 6- 8 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 <2 0 9-11 1, 1.2, 2, 3, 4, 7, 12, or 15 3 – 5 <3 1 4-6 1, 1.2, 2, 3, 4, 7, 12, or 15 4 – 5 >4 2 6-7 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 2 or 3 1 7-9 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 4-6 2 8-10 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 20 1, 1.2, 2, 3, 4, 7, 12, or 15 8 7 or 8 3 11 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 3-5 1 10-12 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 6-8 2 11-13 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 >9 3 12-14 K. Parking Requirements The number of parking spaces required for each inclusionary unit shall be no greater than one space per unit. L. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: (a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; (b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (F) (Developer Options) of this Article; (e) Documentation regarding household income eligibility; (f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g) Draft legal documents required under this section to ensure continued affordability; (h) Construction timeline for both inclusionary and market rate units; and (i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2) Application Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in writing, whether a development application is in compliance with the inclusionary zoning requirements specified in Subsection (L)(1) (Application Requirements) of this Article. In cases in which the AO determines the application is not in compliance, he or she shall specify the areas of non-compliance. Appeals of the AO’s determination that an application does not comply with inclusionary zoning requirements shall be to the Development Review Board. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 21 (3) Application Review and Decision-Making. The Administrative Officer shall review and approve, approve with conditions, or deny applications for developments subject to the inclusionary requirements of Section 18.01 that are located in the City Center Form-Based-Codes District. The Development Review Board shall review and approve, approve with conditions, or deny applications for developments in other zoning districts that are subject to the inclusionary requirements of this Section (18.01). (4) Ongoing Compliance. The City of South Burlington Housing Authority, if any; another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (5) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall: (a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; (b) Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c) Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. ARTICLE 2 DEFINITIONS 2.02 Specific Definitions Affordable Housing. this shall mean either of the following: (A) Affordable home ownership: a dwelling unit that is owned by its inhabitants: (1) whose sales price does not exceed the maximum price calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent, which is then matched to the median income (100% or 120%, later referred to as the Area Median Income or AMI) for the Burlington- South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is owned by a household, whose household income, upon purchase, does not exceed the targeted AMI level for a household of its size; and South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 22 (3) whose purchase price shall remain perpetually affordable at the AMI level, 100% or 120%, to which it was targeted; Note the Household Size Equivalent and the actual household size of the purchasing household do not have to be the same. (B) Affordable rental housing: a dwelling unit that is rented by its inhabitants: (1) whose rental price does not exceed the maximum price calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent, which is then matched to the median income (80% or 100%, later referred to as the Area Median Income or AMI) for the Burlington- South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is rented by a household whose household income, at initial occupancy, does not exceed the targeted AMI level for a household of its size; and (3) whose rental price shall remain perpetually affordable at the AMI level, 80% or 100%, to which it was targeted; Note the Household Size Equivalent and the actual household size of the renting household do not have to be the same. Inclusionary Housing. A designated percentage of dwelling units included in a development of 12 or more dwelling units that, as required: (1) have a sales or rental price no greater than that corresponding to the Area Median Income level (AMI), 100% or 120% for ownership or 80% or 100% for rental (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted as required by these regulations; and (2) are occupied by households whose household income, at initial occupancy, does not exceed the targeted AMI level for a household of its size; and (3) have a sales or rental price that shall remain perpetually affordable at the AMI level, 80%, 100% or 120%, to which it was targeted. Inclusionary Unit. A dwelling unit that meets the requirements of dwelling units defined under Inclusionary Housing. Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 23 15.02 Authority and Required Review A. Authority (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 18.01 of these Regulations. C. Elective PUD Review. In all districts of the City except the City Center FBC District, any applicant for site plan, conditional use and/or subdivision review, or any other application for land development requiring action by the Development Review Board, may request review pursuant to the PUD process and regulations, except for parcels of land less than one-half (0.50) acre in the following districts: R1, R1-LV, R2, R4, and LN. Article 17 ADMINISTRATION and ENFORCEMENT 17.03 Certificates of Occupancy B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the City Center FBC District. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. (5) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01 C. of these Regulations and the last 10% of market rate units included within a development covered by Section 18.01 B.(1). (6) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01 F.(1)(b), Off-Site Construction. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 24 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 1 Article 18 AFFORDABLE HOUSING STANDARDS Key to reading this document: All text that is neither highlighted nor marked by double strikethroughs applied, is the current LDR language. Yellow – language that is highlighted in yellow is proposed additions to Articles 18, 2, 15, and 17 of the South Burlington Land Development Regulations. Deletions from Articles 18, 2, 15, and 17 of the South Burlington Land Development Regulations are indicated by double strikethroughs (double strikethroughs). Green – language that is highlighted in green contains my notes, comments, and/or questions. 18.01 Inclusionary Zoning Historical note: Initially, the City of South Burlington adopted land development regulations requiring the inclusion of affordable and moderate income housing in developments having twelve (12) or more dwelling units only in the City Center Form-Based Codes District. The City’s land development regulations have been amended to require the inclusion of affordable and moderate income housing in developments having twelve (12) or more dwelling units in all City zoning districts in which residential development is permitted. A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the City Center Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2) To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (3) To affirmatively address the current and anticipated need for affordable dwelling units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (4) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the City Center Form Based Codes District; South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 2 (5) To promote the integrated development of mixed-income housing in throughout the City Center Form Based Codes District, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of City Center and the South Burlington community; (6) To ensure that promote the development of affordable housing opportunities that are available in the City Center Form Based Codes District, which is or will be in locations accessible to goods and services and served by existing or planned public transit services; (6) To ensure that affordable dwelling units developed under inclusionary zoning remain perpetually affordable. (7) To provide integrated development incentives that contribute to the economic feasibility of providing affordable dwelling units, including eliminating or easing maximum residential densities, minimum lot sizes, and minimum parking requirements for residential units within the City Center Form Based Codes District. B. Applicability (1) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall apply within the City Center Form Based Codes District to to all zoning districts in which residential development is permitted to any development, including each phase of development, that will result in the creation of twelve (12) or more dwelling units through subdivision, new construction, or the conversion of an existing structure or structures from non-residential to residential use. For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (a) The developments are located on abutting properties; and (b) The developments are owned or controlled by the same person; and (c) Either: (i) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five- year period, which period shall be measured from the date a proper and complete application is first submitted, or (ii) A master plan exists, as approved by the City, which includes two or more of the developments. (2) Covered subdivisions. Except as otherwise provided in this bylaw, the provisions of this section shall apply in all zoning districts in which residential development is permitted to any subdivision that will result in the creation of twelve (12) or more lots suitable for construction of dwelling units. (23) Exemptions. The following developments are exempt from these requirements: (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 3 C. Inclusionary Units (1) For covered rental-unit development, at least five ten percent (510%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 80% of the area median income (AMI) adjusted for household size as defined in E.(1)(f) of this section. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 100% of the AMI adjusted for household size as defined in E.(1)(f) of this section. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. (2) For covered home-ownership development, at least five percent (5%) of the total dwelling units offered for sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households having incomes no greater than 100% of the area median income (AMI) as defined in E.(1)(f) of this section. An additional ten percent (10%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI as defined in E.(1)(f) of this section. (a) Where the application of this these formulas results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes to build at least 12 but fewer than 17 rental dwelling units, the requirement will be to include two (2) affordable dwelling inclusionary units one of which and both shall be affordable to households whose incomes are no greater than 80% of AMI adjusted for household size as defined in E.(1)(f) of this section and the other shall be affordable to households whose income is no greater than 100% of AMI adjusted for household size. (c) When the developer proposes to build at least 12 but fewer than 17 home-ownership dwelling units, the requirement will be to include two (2) inclusionary units one of which shall be affordable to households whose incomes are no greater than 100% of AMI as defined in E.(1)(f) of this section and the other shall be affordable to households whose income is no greater than 120% of AMI as defined in E.(1)(f) of this section. (cd) When the developer is required to build a number of affordable rental dwelling units that is not evenly divisible by three, the first “remaining” rental dwelling unit must be affordable at the 80% AMI level adjusted for household size as defined in E.(1)(f) of this section and, where applicable, the second “remaining” rental dwelling unit must also be affordable at 10080% AMI level adjusted for household size as defined in E.(1)(f) of this section. Example: The developer is required to build 13 affordable rental dwelling units. Four Eight dwelling units must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be affordable at the 100% of AMI adjusted for household size, four dwelling units must be affordable at the 120% of AMI adjusted for household size, and the “remaining” dwelling unit must be affordable at the 80% AMI adjusted for household size. (e) When the developer is required to build a number of affordable home-ownership dwelling units that is not evenly divisible by three, the first “remaining” home-ownership dwelling unit must be affordable at the 100% AMI level as defined in E.(1)(f) of this section and, South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 4 where applicable, the second “remaining” home-ownership dwelling unit must be affordable at 120% AMI as defined in E.(1)(f) of this section. Example: The developer is required to build 13 affordable home-ownership dwelling units. Four dwelling units must be affordable at 100% of AMI, eight dwelling units must be affordable at 120% of AMI, and the “remaining” dwelling unit must be affordable at 100% AMI. (3) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off-Site Construction) of this Article, and integrated among market rate units in the development. (b) Similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be constructed with the same exterior materials and architectural design details used in market rate construction. Similar exterior amenities and landscaping shall also be provided. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (ii) Inclusionary units shall be no less energy efficient than market rate units; inclusionary units may differ from market rate units with regard both to interior amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than 70% of the average (mean) gross floor area of market rate units. (iviii) Inclusionary units developed as part of a single-family housing development may be accommodated in duplexes or multi-family dwellings that resemble the market rate single-family dwellings, as allowed within the City Center Form Based Codes District except that multi-family dwellings shall not be permitted in zoning districts in which multi-family dwellings are not a permitted use. Inclusionary units developed as part of a housing development that includes duplexes, triplexes, four-plexes or other multi-family dwellings may be of varied types, including studio, one-bedroom, two-bedroom, three-bedroom and/or four-or-more-bedroom construction. (iv) Inclusionary units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (c) Constructed and made available for occupancy concurrently with market rate units unless the Development Review Board, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, approves a plan allowing non- concurrent construction of the affordable units. Buildings containing tThe last 10% of market rate units shall not receive certificates of occupancy until certificates of occupancy South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 5 are issued for all buildings containing inclusionary units, including when the inclusionary units are provided off-site as provided for in Subsection (EF)(1)(b) (Off-Site Construction) of this Article. D. Inclusionary subdivisions. (1) For covered subdivisions, at least five percent (5%) of the total lots offered for sale shall be affordable to households having incomes no greater than 100% of the area median income (AMI) as defined in E.(1)(f) of this section. An additional ten percent (10%) of the total lots shall be affordable to households having incomes no greater than 120% of the AMI as defined in E.(1)(f) of this section. (a) Where the application of this formula results in a fractional building lot, that fractional lot shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes a subdivision having at least 12 but fewer than 17 building lots, the requirement will be to include two (2) affordable building lots one of which shall be affordable to households whose incomes are no greater than 100% of AMI as defined in E.(1)(f) of this section and the other shall be affordable to households whose income is no greater than 120% of AMI as defined in E.(1)(f) of this section. (c) When the developer is required to have a number of affordable building lots that is not evenly divisible by three, the first “remaining” building lot must be affordable at the 100% AMI level as defined in E.(1)(f) of this section and, where applicable, the second “remaining” dwelling unit must be affordable at 120% AMI level. Example: The developer is required to include 13 affordable building lots. Four (4) building lots must be affordable at 100% of AMI, eight (8) building lots must be affordable at the 120% of AMI, and the “remaining” one (1) building lot must be affordable at the 100% AMI. (2) Inclusionary subdivisions required under this section shall: (a) Include affordable building lots whose average area is no less than 70% of the average area of the market-priced building lots included in the subdivision. (b) Include affordable building lots whose shapes are similar to the shapes of the market- priced building lots in the subdivision. (c) Integrate the affordable building lots into the design of the subdivision in a manner satisfactory to the Development Review Board. (d) Make each affordable building lot available for purchase for $60,000 or the average price of the market-priced lots in the development, whichever is lower. is related to the prices of the market-priced building lots as follows: This price policy assumes that the building lot has access to utilities. (d) Provide the City with the option to purchase or transfer its option to purchase affordable building lots. Any applicant developing a covered inclusionary subdivision shall adhere to the following provisions with respect to the initial offering of affordable building lots for sale: South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 6 (i) The developer shall notify the City Manager or his/her designee of the prospective availability of any affordable building lots at the time that the permit is issued for the covered subdivision; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, shall then have an exclusive option for ninety (90) days to purchase each offered affordable building lot for sale for the price per lot consistent with 18.01 D.(2)(d) from the developer unless waived or transferred; (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for affordable building lots, or declaring an intent not to exercise such option, the developer shall offer the affordable building lots for purchase to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. (iv) If the City Manager or his/her designee fails to close on the affordable building lots by the later of the date on which one-third of the market-priced building lots have been sold or the last day of the 90-day option period, the developer shall offer the affordable building lots for purchase to households for the price per lot consistent with 18.01 D.(2)(d); (v) On or before a purchase and sale agreement is executed between the developer and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase one or more of the affordable building lots in a covered subdivision to a 501(c)(3) organization whose primary purpose is the development of affordable housing. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the developer of such assignment and the organization to which the City has assigned the option, which organization shall deal directly with the developer, and shall have all of the authority of the City Manager, as provided under this subsection. (f) Make the affordable building lots available for purchase no later than the date on which one-third of the market-priced building lots have been sold unless the Development Review Board, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, approves a plan that allows sale of the affordable building lots to commence subsequent to the sale of one-third of the market-priced building lots. (g) Market affordable building lots to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. (h) Ensure initial and continued (perpetual) affordability of the building lot, including sales after the affordable lot is developed with a dwelling unit, through compliance with the requirements of subsection 18.01 E. Affordability Requirements. DE. Affordability Requirements (1) Affordability Determinations. Inclusionary units and affordable building lots required under this section shall be affordable and marketed to income-eligible eligible households as follows: (a) Housing costs for inclusionary units shall Affordability for Inclusionary Units. The affordability standard for housing costs is that they not exceed 30% of annual household income as defined herein. Housing costs are defined as follows: South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 7 (i) For rental units – rent (inclusive of any condominium or homeowners’ association fees) and utilities (water, electricity and heating costs). (ii) For sale units – mortgage principal and interest, annual property taxes, average homeowner’s insurance premiums, average mortgage insurance premiums, and condominium or homeowners’ association fees. Please note: these regulations do not prohibit a household that meets the applicable affordability requirement for its household size to purchase or rent an inclusionary unit whose costs exceed 30% of the household’s income (see (g) Relationship of Actual household sizes and household incomes to affordable rents and purchase prices. below). (b) Affordability for Affordable Building Lots. The affordable price for affordable building lots is determined in accordance with subsection 18.01 D.(2)(d). (bc) Income eligibility Maximum Rents and Sales Prices for Inclusionary Units. The maximum rent or sales price corresponding to the applicable income thresholds (i.e. 80%, 100%, or 120% of AMI) for an inclusionary unit shall be determined based on income guidelines published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The AMI maximum rent or sales price shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. (cd) The maximum rent or sale price of an inclusionary unit shall be calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent”: Table 18-1 HUD Formula for Determining Maximum Rents and Purchase Prices Unit Size Household Size Equivalent1 Efficiency/Studio 1 One-Bedroom Unit 1.5 Two-Bedroom Unit 3 1 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the dwelling unit. The result is that the maximum rent or sales price for a particular affordable inclusionary unit is the same for all eligible households seeking to rent or purchase that affordable dwelling unit. For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used to determine the maximum rent or sales price of a particular dwelling inclusionary unit. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 8 Three-Bedroom Unit 4.5 Four-Bedroom Unit 6 (de) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending institutions offering mortgages for dwelling units located in South Burlington, or a lower Vermont Housing Finance Agency (VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all required inclusionary units. The calculated price shall assume a down payment of no more than 5% of the purchase price. (f) Income eligibility for inclusionary units. The maximum household income thresholds for renters and buyers of inclusionary units corresponding to the applicable income thresholds (i.e. 80%, 100%, or 120% of AMI), shall be determined based on income guidelines, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based eligibility requirements established by a partnering housing organization. The maximum household income of eligible renters and buyers moving into inclusionary units shall be determined using the most recent income guidelines available at the time a unit is available for occupancy, as adjusted for the size of the household moving into the unit. (g) Relationship of Actual household sizes and household incomes to affordable rents and purchase prices. The process of renting or selling inclusionary units to income-eligible households does not require a precise matching process. For example, the monthly rental or monthly home- ownership housing cost is not required to be no greater than 30% of household income. In addition, the size of the renter or purchaser household is not required to be precisely matched to the number of bedrooms in the dwelling unit. This matching process is flexible and takes into consideration the household’s other financial resources and obligations. Maximum allowable rents and purchase prices are based on a hypothetical household size combined with the applicable HUD produced Area Median Income (AMI) level for the unit (80%, 100%, or 120% AMI) for that household size. The hypothetical household size is based on the number of bedrooms in a unit and a HUD formula that designates an assumed household size dependent on the unit’s number of bedrooms. This hypothetical household size does not control the size of the actual household that rents or purchases the inclusionary unit. In addition, the AMI amount used to determine the maximum allowable rent or purchase price is not used to determine whether the actual applicant household meets the income eligibility requirement for an inclusionary unit. A household’s Income eligibility is based on its actual size and whether or not its annual income does or does not exceed the unit’s AMI level for its actual household size. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 9 The result is that the actual renter or purchaser household’s size and its income may vary from the assumed size and income of the hypothetical household, which determine the maximum rent or purchase price. For example, depending on the household size and income used to calculate the rent or sales price for the inclusionary unit, the actual renter or purchaser household may end up paying more or less than 30% of its household income on monthly rental or home-ownership housing costs. In addition, the size of the renter or purchaser household may be more or less than the hypothetical household size used in calculating the maximum allowable rent or sales price. The examples below show what may be permissible for an individual household situation. These examples do not represent situations that are approvable for all households having similar circumstances. ● a two-person household may purchase a three-bedroom house or condominium. ● a three-person household whose income is 70% of AMI may rent an apartment whose rent is set to be affordable to households having incomes no greater than 100% of AMI. ● a two-person household whose income is 90% of AMI may purchase a condominium or house whose price is set to be affordable to households having incomes no greater than 120% of AMI. Note, however, that a household with a 90% of AMI income may not move into an apartment whose rent is set to be affordable to households having incomes no greater than 80% of AMI. (2) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for limiting equity appreciation to an amount not to exceed 25% of the increase in the unit’s value, as determined by the difference between fair market appraisals of the unit at the time of purchase and the time of resale, with adjustments for improvements made by the seller and the necessary costs of sale, as may be approved by the City Manager. In addition, the City shall have the option to purchase or transfer its option to purchase owned inclusionary units at each future time of resale. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an owned inclusionary unit; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, shall then have an exclusive option for thirty (30) days to purchase the owned inclusionary unit from the seller at a price consistent with the requirements of this subsection unless waived or transferred; South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 10 (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the owned inclusionary unit, or declaring an intent not to exercise such option, the seller shall offer the owned inclusionary unit for purchase to income-eligible households in accordance with the requirements of subsection 18.01, E. Affordability Requirements. (iv) If the City Manager or his/her designee fails to close on the owned inclusionary unit by the last day of the 30-day option period, the seller shall offer the owned inclusionary unit for purchase to households for the price per lot consistent with the requirements of this subsection; (v) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the owned inclusionary unit to a 501(c)(3) organization whose primary purpose is the development of affordable housing. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment and the organization to which the City has assigned the option, which organization shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b) Rent IncreasesChanges. Provisions to ensure the affordability of rental units shall limit require that annual rent increaseschanges not exceed the percentage increase change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is a decrease. except An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases are made necessary by documented hardship or other unusual conditions,. and shall provide that no rent increase the Such exceptions may not take effect until it has received the written approval of approved in writing by the City Manager; (c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at rental rates that exceed affordability limits established pursuant to this section. (3) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household move-in incomes of unit tenants, and certifies that unit affordability has been maintained as required. EF. Developer Options (1) Options (a) and (b) below are available to developers, upon request, as necessary to address documented financial hardships, or physical site constraints, or other equally compelling circumstances that limit or preclude the incorporation of inclusionary units within a covered development. In the case of developments located within the City Center Form-Based-Codes District, the Zoning Administrator shall decide whether to allow or disallow a request for Options (a) and (b). In the case of developments located in zoning districts other than the City Center Form- Based-Codes District, the Development Review Board shall decide whether to allow or disallow a request for Options (a) and (b). Options (c) and (d) are available to the developer at his or her South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 11 discretion. Option (e), a payment or contribution in lieu of constructing required inclusionary units in the City Center Form-Based Codes District, shall be prohibited. (a) Dedication. The Zoning Administrator, for developments located in the City Center Form- Based-Codes District, The South Burlington City Council, and the Development Review Board, for developments located in other zoning districts, in consultation with the entity designated by the City Council (for example, a permanent South Burlington Affordable Housing Committee or South Burlington Affordable Housing Board), may accept as an alternative to the development of inclusionary units, a dedication by the developer of having of equal or greater value than the per unit “Contribution to the Housing Trust Fund” (as defined in item (e) below) multiplied by the number of inclusionary units for which the dedication would substitute that furthers the purposes of this section. An example might be the donation of developable land suitable for affordable housing in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. (b) Off-Site Construction. The Zoning Administrator, for developments located in the City Center Form-Based-Codes District, and the Development Review Board, for developments located in other zoning districts, in consultation with the South Burlington Affordable Housing Committee, based on documented financial hardship, physical site constraints, or other equally compelling circumstances, may allow Tthe developer of a covered development may to comply with the requirements of this section by constructing, within two years of receiving a permit for the covered development, the required number of inclusionary units on another site within the City Center Form Based Codes District same contiguous boundary of the zoning district in which the covered development is located, or contracting with another entity to construct the required number of units in the City Center Form Based Codes District. within the same contiguous boundary of the zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off-site inclusionary units. (c) A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. (d) A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. (e) Contribution to the Housing Trust Fund. Depositing $60,000 into the City of South Burlington’s Housing Trust Fund per unit for one or more of the inclusionary units otherwise required by this regulation. Beginning on January 1, 2019 the amount of the contribution shall be adjusted by multiplying this amount originally deposited for each unit a fraction, the denominator of which shall be the “Consumer Price Index for Urban Wage Earners and Clerical Workers” U.S. City Average, “All Items Index”, for January 2018, and the numerator of which shall be the index for the subsequent month and year as of the date of submission of the application. In the event that the index is not then in existence the parties shall use such equivalent price index as is published by any successor government agency then in existence. A contribution in lieu of constructing required inclusionary units In the City Center Form-Based Codes District shall be prohibited. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 12 G. Affordable Housing Density Bonuses for Fulfillment of Inclusionary Unit Requirements (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and is covered by this bylaw, such approval shall, upon request of the applicant, include a density bonus over the base zoning density based on the application’s fulfillment of this Section’s inclusionary unit requirements. The density bonus shall be one additional dwelling unit for each required inclusionary unit that is constructed. No density bonus shall be provided for any required unit for which the developer receives approval for the Dedication or Contribution to the Housing Trust Fund as described in 18.01 F.(1)(a) & (e) herein. The density to which the bonus shall be added is the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. Density bonus dwelling units are not subject to the Inclusionary Requirement. The tables below show the acreage required to reach the 12-unit threshold at which the inclusionary requirement applies and the effect of the density bonus on the density of the development. Table-G1 shows the effect on a development containing rental units. Table-G2 shows the effect on a development containing home-ownership units. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 13 G1. Inclusionary Rental Units Required at Threshold Level (where Inclusionary Units become required) Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤80% AMI Units Required ≤100% AMI New Unit Total New density for develop- ment 1 12 12 2 2 0 14 1.17 1.2 10 12 2 2 0 14 1.4 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 14 G2. Inclusionary Home-Ownership Units Required at Threshold Level Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤100% AMI Units Required ≤120% AMI New Unit Total New density for develop- ment 1 12 12 2 1 1 14 1.17 1.2 10 12 2 1 1 14 1.4 2 6 12 2 1 1 14 2.33 3 4 12 2 1 1 14 3.5 4 3 12 2 1 1 14 4.67 7 1.71 12 2 1 1 14 8.19 12 1.0 12 2 1 1 14 14.0 15 0.80 12 2 1 1 14 17.5 (a) Should the development include more than the minimum number of required Inclusionary Units but fewer than twice the minimum number of required Inclusionary Units, no additional density bonus dwelling units shall be approved. (b) The density bonuses described above shall be approved as long as such density increase as applied to the specific covered development does not result in non-compliance with Section 15.02(A)(4). 2 6 12 2 2 0 14 2.33 3 4 12 2 2 0 14 3.5 4 3 12 2 2 0 14 4.67 7 1.71 12 2 2 0 14 8.19 12 1.0 12 2 2 0 14 14.0 15 0.80 12 2 2 0 14 17.5 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 15 Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive a density bonus of four (4) additional dwelling units (total of 28 dwelling units). The resulting density will be 4.67 dwelling units per acre. The four-dwelling-unit bonus represents a 17% increase over the maximum units permitted without the density bonus. Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive a density bonus of five (5) additional dwelling units (total of 41 dwelling units). The resulting density will be 13.67 dwelling units per acre. The five-dwelling-unit bonus represents a 14% increase over the maximum units permitted without the density bonus. H. Affordable Housing Density Bonuses for Voluntary Provision of Twice the Required Number of Inclusionary Units (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and the applicant has voluntarily included twice the number of inclusionary units required by this bylaw, such approval shall, upon request of the applicant, include an additional density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary unit included voluntarily. The density to which the bonus shall be added is the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. Density bonus dwelling units are not subject to the Inclusionary Requirement. H1. Density Bonuses: (Voluntary) Twice the Required IZ Rental Units (including # required at <80% & <100% AMI) South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 16 H2. Density Bonuses: (Voluntary) Twice the Required IZ Home-Ownership Units (including # required at <100% & <120% AMI) Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Provided Units Required ≤100% AMI Units Required ≤120% AMI New unit total New density for develop- ment 1 12 12 4 2 2 16 1.33 1.2 10 12 4 2 2 16 1.6 2 6 12 4 2 2 16 2.67 3 4 12 4 2 2 16 4.0 4 3 12 4 2 2 16 5.33 7 1.71 12 4 2 2 16 9.36 12 1.0 12 4 2 2 16 16.0 15 0.80 12 4 2 2 16 20.0 Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Provided Units Required ≤80% AMI Units Required ≤100% AMI New Unit Total New density for develop- ment 1 12 12 4 3 1 16 1.33 1.2 10 12 4 3 1 16 1.6 2 6 12 4 3 1 16 2.67 3 4 12 4 3 1 16 4.0 4 3 12 4 3 1 16 5.33 7 1.71 12 4 3 1 16 9.36 12 1.0 12 4 3 1 16 16.0 15 0.80 12 4 3 1 16 20.0 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 17 (b) To receive a density bonus for voluntary provision of twice the number of required IZ rental units, at least two thirds of the additional (not required) units must have rents affordable to households having incomes no greater 80% of AMI. (c) To receive a density bonus for voluntary provision of twice the number of required IZ home- ownership units, at least one-third of the additional (not required) units must be affordable to households having incomes no greater 100% of AMI Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units but voluntarily adds four (4) additional inclusionary units. The developer shall receive a density bonus of four (4) dwelling units for the required inclusionary units and four (4) dwelling units for the (voluntary) additional four (4) inclusionary units, or a total density bonus of eight (8) dwelling units and a total 32 units in the development. The resulting density will be 5.33 dwelling units per acre. The eight-dwelling-unit bonus represents a 33% increase over the maximum units permitted without the density bonus. Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units but voluntarily adds five (5) additional inclusionary units. The developer shall receive a density bonus of five (5) dwelling units for the required inclusionary units and five (5) dwelling units for the (voluntary) additional five (5) inclusionary units, or a total density bonus of 10 dwelling units and a total 46 units in the development. The resulting density will be 15.33 dwelling units per acre. The 10-dwelling-unit bonus represents a 28% increase over the maximum units permitted without the density bonus. I. Affordable Housing Density Bonuses for Voluntary Provision of More than the Required Number of Inclusionary Rental Units Affordable at or below 80% AMI or More than the Required Number of Inclusionary Home-Ownership Rental Units Affordable at or below 100% AMI (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. The Development Review Board, in granting these bonuses, shall be subject to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Density Bonuses. When the Development Review Board reviews and approves or approves with conditions an application for a Planned Unit Development that includes 12 or more dwelling units and the applicant has voluntarily included more than the required number of inclusionary rental units affordable to households having incomes no greater than 80% AMI or more than the required number of inclusionary home-ownership units affordable to households having incomes no greater than 100% AMI, such approval shall, upon request of the applicant, include an additional density bonus. The density bonus shall be one additional dwelling unit for each voluntary 80% AMI inclusionary rental unit or one additional dwelling unit for each voluntary 100% AMI inclusionary home-ownership unit. These bonus dwelling units are not subject to the inclusionary requirement. I1. Density Bonuses: (Voluntary) More IZ Rental Units than Required at <80% AMI South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 18 I2. Density Bonuses: (Voluntary) More IZ Units than Required at <100% AMI Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusiona ry Units Provided Units Required ≤100% AMI Extra Units Provided ≤100% AMI Twice Required # Inclus Units Bonus New unit total New density for develop- ment 1 12 12 4 2 4 2 20 1.67 1.2 10 12 4 2 4 2 20 2.0 2 6 12 4 2 4 2 20 3.33 3 4 12 4 2 4 2 20 5.0 4 3 12 4 2 4 2 20 6.67 7 1.71 12 4 2 4 2 20 11.7 12 1.0 12 4 2 4 2 20 20.0 15 0.80 12 4 2 4 2 20 25.0 Regular Density Maximum (dwelling units/acre) Minimum Acres for Inclusionary Requirement Base # of Units for # of acres Inclusionary Units Required Units Required ≤80% AMI Extra Units Provided ≤80% AMI Twice Required # Inclus. Units Bonus New Unit Total New density for develop- ment 1 12 12 2 2 4 2 20 1.67 1.2 10 12 2 2 4 2 20 2.0 2 6 12 2 2 4 2 20 3.33 3 4 12 2 2 4 2 20 5.0 4 3 12 2 2 4 2 20 6.67 7 1.71 12 2 2 4 2 20 11.7 12 1.0 12 2 2 4 2 20 20.0 15 0.80 12 2 2 4 2 20 25.0 South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 19 Example (1): In a 36-unit rental housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units but voluntarily adds five (5) additional inclusionary units. The developer voluntarily makes all of the inclusionary units affordable at 80% AMI. The developer shall receive a density bonus of five (5) dwelling units for the required inclusionary units, five (5) dwelling units for the (voluntary) additional five (5) inclusionary units, and two (2) dwelling units for (voluntarily) making two (2) more inclusionary units than required affordable to households with incomes no greater than 80% AMI, or a total density bonus of 12 dwelling units and a total number of units in the development of 48. The resulting density will be 16.0 dwelling units per acre. The 12-dwelling-unit bonus represents a 33% increase over the maximum units permitted without the density bonus. Example (2): In a 24-unit home-ownership housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units but voluntarily adds four (4) additional inclusionary units. The developer voluntarily makes all of the inclusionary units affordable at 100% AMI. The developer shall receive a density bonus of four (4) dwelling units for the required inclusionary units, four (4) dwelling units for the (voluntary) additional four (4) inclusionary units, and four (4) dwelling units for (voluntarily) making four (4) more inclusionary units than required affordable to households with incomes no greater than 100% AMI, or a total density bonus of 12 dwelling units and a total 36 units in the development. The resulting density will be 6.00 dwelling units per acre. The 12-dwelling-unit bonus represents a 50% increase over the maximum units permitted without the density bonus. J. Affordable Housing Density Bonuses for developments with fewer than 12 dwelling units (1) Applicability. This subsection applies in all Zoning Districts in which residential development is permitted, with the exception of the City Center Form-Based Codes District. (2) When the Development Review Board reviews and approves or approves with conditions an application that includes at least three (3) but fewer than 12 dwelling units and the developer has opted to construct one or more units that qualify as inclusionary at or below the 80% of AMI level, such approval shall, upon request of the applicant, include a density bonus, as specified in Table J. below, over the initial number of units in the development (i.e. before density bonus units are added). These bonuses apply to both rental and home-ownership developments with fewer than 12 units in which the developer voluntarily provides inclusionary units at the <80% AMI level. J. Density Bonuses: Voluntarily Building IZ Units at <80% AMI When None is required South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 20 Regular Density Maximum dwelling units/acre # of units to be built # of inclusionary units built voluntarily and affordable for households at <80% AMI Density Bonus New Unit Total 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 1 0 6- 8 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 <2 0 9-11 1, 1.2, 2, 3, 4, 7, 12, or 15 3 – 5 <3 1 4-6 1, 1.2, 2, 3, 4, 7, 12, or 15 4 – 5 >4 2 6-7 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 2 or 3 1 7-9 1, 1.2, 2, 3, 4, 7, 12, or 15 6 – 8 4-6 2 8-10 1, 1.2, 2, 3, 4, 7, 12, or 15 8 7 or 8 3 11 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 3-5 1 10-12 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 6-8 2 11-13 1, 1.2, 2, 3, 4, 7, 12, or 15 9 – 11 >9 3 12-14 K. Parking Requirements The number of parking spaces required for each inclusionary unit shall be no greater than one space per unit. FL. Administration and Compliance South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 21 (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: (a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; (b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; (d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (EF) (Developer Options) of this Article; (e) Documentation regarding household income eligibility; (f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g) Draft legal documents required under this section to ensure continued affordability; (h) Construction timeline for both inclusionary and market rate units; and (i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2) Application Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in writing, whether a development application is in compliance with the inclusionary zoning requirements specified in Subsection (FL)(1) (Application Requirements) of this Article. In cases in which the AO determines the application is not in compliance, he or she shall specify the areas of non-compliance. Appeals of the AO’s determination that an application does not comply with inclusionary zoning requirements shall be to the Development Review Board. (3) Application Review and Decision-Making. The Administrative Officer shall review and approve, approve with conditions, or deny applications for developments subject to the inclusionary requirements of Section 18.01 that are located in the City Center Form-Based-Codes District. The Development Review Board shall review and approve, approve with conditions, or deny applications for developments in other zoning districts that are subject to the inclusionary requirements of this Section (18.01). (4) Ongoing Compliance. The City of South Burlington Housing Authority, if any; another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (35) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall: South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 22 (a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; (b) Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c) Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. 18.02 G. Affordable Housing Density Bonus A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified work force. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the Comprehensive Plan and these Regulations. B. Applicability. This section shall apply in any Zoning District in which residential development is permitted, with the exception of the City Center Form-Based Codes District. C. Density Increase On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over the base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rate units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit produced as a result of the density increase, one (1) comparable below market rate unit must be provided. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. Table 13-9 Example of Affordable Housing Bonus Calculation South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 23 Affordable Project: Mixed-Rate Project: 50% of Total Units Affordable 25% of Bonus Units Affordable Acres 8.35 8.35 Base Density 12 12 Base Units 100.2* 100.2* Bonus Units 50 25 Total Units 150 125 Net Density 17.98 14.99 Affordable Units 74 13 Market Rate Units 74 112 *Partial units always round DOWN to the lower whole number of units (3) Development Standards (a) The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less than comparable market-rate units in the housing development. (c) Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply. (4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization shall be responsible for the on-going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. (2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3) Development Standards. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 24 (a) Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less than comparable market-rate units in the housing development. (c) Plan for Continued Affordability. The standards for Section 18.01(D)(2) shall apply. E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom, three-bedroom and four-bedroom apartment construction. ARTICLE 2 DEFINITIONS 2.02 Specific Definitions Affordable Housing. this shall mean either of the following: (A) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or (B) Housing that is rented by its inhabitants whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 25 (A) Affordable home ownership: a dwelling unit that is owned by its inhabitants: (1) whose sales price does not exceed the maximum price calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent, which is then matched to the median income (100% or 120%, later referred to as the Area Median Income or AMI) for the Burlington-South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is owned by a household, whose household income, upon purchase, does not exceed the targeted AMI level for a household of its size; and (3) whose purchase price shall remain perpetually affordable at the AMI level, 100% or 120%, to which it was targeted; Note the Household Size Equivalent and the actual household size of the purchasing household do not have to be the same. (B) Affordable rental housing: a dwelling unit that is rented by its inhabitants: (1) whose rental price does not exceed the maximum price calculated based on unit size (i.e. number of bedrooms) and the HUD formula of 1.5 persons per bedroom, which are used to establish the “Household Size Equivalent, which is then matched to the median income (80% or 100%, later referred to as the Area Median Income or AMI) for the Burlington-South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is rented by a household whose household income, at initial occupancy, does not exceed the targeted AMI level for a household of its size; and (3) whose rental price shall remain perpetually affordable at the AMI level, 80% or 100%, to which it was targeted; Note the Household Size Equivalent and the actual household size of the renting household do not have to be the same. Affordable housing development. A housing development of which at least fifty percent (50%) of the units are affordable housing units. Inclusionary Housing. A designated percentage of dwelling units included in a development of 12 or more dwelling units that, as required: (1) have a sales or rental price no greater than that corresponding to the Area Median Income level (AMI), 100% or 120% for ownership or 80% or 100% for rental (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted as required by these regulations; and (2) are occupied by households whose household income, at initial occupancy, does not exceed the targeted AMI level for a household of its size; and (3) have a sales or rental price that shall remain perpetually affordable at the AMI level, 80%, 100% or 120%, to which it was targeted. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 26 Inclusionary Unit. A dwelling unit that meets the requirements of dwelling units defined under Inclusionary Housing. Mixed-rate housing development. A housing development that has both market rate and below market rate dwelling units. Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW 15.02 Authority and Required Review A. Authority (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 13.14 18.01 of these Regulations. The proposed change below needs further examination. However, the committee views the current minimum requirement of 2 acres to be too large, as it prohibits a development like the Kirby Cottages. C. Elective PUD Review. In all districts of the City except the City Center FBC District, any applicant for site plan, conditional use and/or subdivision review, or any other application for land development requiring action by the Development Review Board, may request review pursuant to the PUD process and regulations, except for parcels of land less than two (2) one- half (0.50) acres in the following districts: R1, R1-LV, R2, R4, and LN. Article 17 ADMINISTRATION and ENFORCEMENT 17.03 Certificates of Occupancy NOTE: B. (1), (2), (3), and (4) are the current CO regulations. B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the City Center FBC District. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. South Burlington Affordable Housing Committee draft city-wide Inclusionary Zoning Land Development Regulations (includes modifications to Articles 18, 2, 15, and 17) July 31, 2018 Page 27 (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. (5) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01 C. of these Regulations and the last 10% of market rate units included within a development covered by Section 18.01 B.(1) (6) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01 F.(1)(b), Off-Site Construction. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Initial consideration of 2019 Municipal Planning Grant application DATE: August 28, 2018 Planning Commission meeting Background Once again this year the State has made available funding for towns and cities to undertake planning activities. This year, the State has authorized the maximum grant award for a single municipality of $22,000. This year, all projects require a 10% cash match, with greater match amounts receiving additional points in the competitive criteria. Staff expects the application field to be competitive again this year.. The State awards these grants based on a series of competitive criteria. Those include: application quality, work plan & budget, linkage to comprehensive plan, citizen participation, statewide priorities, and bonus points. Of particular note for us are the statewide priorities, which in 2019 including plans and bylaws related to housing, infrastructure, vibrant centers, active transportation, placemaking, and river corridors & flood resiliency. As host of a New Town Center and Neighborhood Development Area, the City has the opportunity to qualify for bonus points in the award system for projects that enhance planning in these areas. Potential Projects Staff is considering three projects for possible submittal this year. At this meeting, staff would love to get some initial feedback from the Commission before staff prepares its final recommendations: 1. Complete Illustrative Guidebook to accompany Land Development Regulations Earlier this winter the Commission reviewed an initial concept for a more graphically- based, user friendly guidebook to development in South Burlington. This document would more clearly illustrate what the City is looking for through its regulations and make using the regulations more accessible. Relationship to PC Work Plan: connected to projects 9 & 13, Planned Unit Developments, and #40, clean-up of LDRs 2 2. Develop a Sustainability Plan for the City. This would be a multi-facetted plan for achieving the City’s climate change commitments, and would involve both identifying projects and linking efforts together into a clear messaging for the community. Relationship to PC Work Plan: #30, Linking the City’s efforts together, and #46, Short and Long-Term Resilience, 3. Develop a city-wide plan for deployment of open spaces and parks This projects would be to plan for future open spaces and recreational areas throughout the City, with the goal of meeting pedestrian accessibility to these spaces for every resident and employee. This project would build from an introductory Needs and Gap Analysis begun in 2014 as part of the Open Space Report, and would integrate with the City’s 2016 Comprehensive Plan’s stated goals and objectives and provide a strategic and transparent basis for any necessary amendments to the City’s Official Map, a Planning Commission priority for FY 2019. Relationship to PC Work Plan: #26, Gap & Future needs analysis for Park, Transportation 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Continued Review of CIP & Interface to Transportation Regulations DATE: August 28, 2018 Planning Commission meeting At the last meeting, staff introduced the 2019-2028 Capital Improvement Plan to Commissioners. All committees in the City have been invited to provide feedback to respective departments by the end of the month in time for Department Heads to develop a draft of the 2020-2029 CIP. The current 10-year CIP can be found on the City’s website. At the last meeting, staff indicated that it had been working on a companion document, one that may be able to serve as “the list” of transportation-related projects in the future. In other words, under updated zoning regulations & traffic impact fees, rather than developers commissioning traffic studies that identify off-site improvements needed to mitigate their project, they would instead only identify on-site improvement needed and the overall volume of trips (vehicle, pedestrian, etc.) that their project would create in the community, and then the City’s list would serve as the guide for projects to be completed. Staff is working through this list with the City’s consultant, Jon Slason of RSG, and we expect to be back before the Commission this fall. Enclosed with your packet is a ROUGH outline of the “full list” of transportation projects. The source of these potential transportation projects are the City’s Comprehensive Plan, Official Map, and all of the various studies that City has undertaken since ~2007. We will likely go back a further as well to cover some other discrete projects, but this was our starting point. Feedback on priority projects from the Commission’s perspective is welcome on any of these transportation project as well as on any other element of the CIP, linked above. Summary of Transportation-Related Projects (+ City Center)August 24, 2018Type In 2019‐2028 CIP?In Impact Fee Ord?Bike‐Ped Priority?2016 Comp Plan?Official Map?Only with development?Source StudyShared Use Paths / Bike Lanes / SidewalkAirport Parkway from Kirby Rd to Lime Kiln  Lanes, sidewalk Y Y Y Y Y2017 TooleAllen Road Path: Baycrest to Spear St Path Y Y Y Y 2017 TooleAllen Road / Harbor Heights Path: Shelburne Rd to Baycrest Path / lanes Y Y Y Y 2018 TooleDorset Street: Old Cross Rd to Sadie Lane Path Y Y Y YFayette Road from QCP Road to Reel Road Path /  Lanes / SidewalkY Y 2018 TooleHinesburg Road from Williston Road to Kennedy. Path / Lanes Y Y 2018 TooleHinesburg Road from Tilley Drive to Van Sicklen Road / Shelburne Path Y YJoy Drive: from Catholic Charities to condominiums Sidewalk Y ~ ?Kennedy Drive: Crosswalk at Twin Oaks Dr Crosswalk N/A N/A 2019 CCRPCKimball Avenue from Gregory Dr. to Town of Williston + bridge' Path Y Y Y Y Y Bridge; ?Kimball Avenue Path West of Tech Park Path Y Y Y YLakefront Path from Central Ave to Holmes / Bartlett Bay Road Path YRailway Path from Burlington to Shelburne Path Y YShelburne Rd: Crosswalk at QCP Road Crosswalk Y N/A N/A Shelburne Rd/ QCP 2005Shelburne Road: Imperial to McIntosh both sides Path YShelburne Rd: Crosswalk at Brewer Parkway Crosswalk N/A N/A Shelburne Rd 2012Shelburne Rd: Crosswalk at Baldwin Dr. Crosswalk N/A N/A Shelburne Rd 2012Shelburne Rd: Crosswalk at Imperial Dr. Crosswalk N/A N/A Shelburne Rd 2012Shelburne Rd: Pedestrian countdown timers at all intersections Ped Crossing N/A N/A Shelburne Rd 2012Shelburne Rd: Leading Pedestrian Interval at 7 intersections Ped Crossing N/A N/A Shelburne Rd 2012Shelburne Rd: path connection from IDX Dr to Imperial Dr. Path N N/A Shelburne Rd 2012Spear Street: Jug Handle Sidewalk Y Y Y 2017 TooleSpear Street Path jughandle to parking garage Sidewalk Y 2017 TooleSpear Street Path: US Forest Service Bldg to Swift Street Path Y YY Y 2018 TooleSpear Street Bike/Ped lanes: South of Swift Street Lanes Y Y Y N/A 2018 TooleWilliston Road: Crosswalk at Pillsbury Manner Crosswalk Y N/A N/A CNAPC, 2019 CCRPCWhite Street North Side: from Airport Parkway to White Street Sidewalk Y CNAPC 2016; SR2Spage 1 Summary of Transportation-Related Projects (+ City Center)August 24, 2018Underwood Property: connection from Nowland Farm Rd to South Pointe Path Y Y Underwood PlanVale Dr. to Spear/Swift Streets  Path Y Y Y Y ?Roadway ImprovementsAirport Drive Extension to Kirby Road UPDATED Roadway Y Y Y Y CNAPC / Airport Re‐Use PlanAirport Parkway / Lime Kiln Road Intersection Intersection Y Y Y Safety Report ***Dorset Street village street design: Old Cross Rd to Autumn Hill Rd Streetscape N/A N/A Dorset St 2007Dorset Street / Old Cross Rd Intersection Intersection N/A N/A Dorset St 2007Dorset Street / Cider Mill Drive Intersection Intersection N/A N/ADorset St 2007Dorset Street / Kennedy Drive intersection Intersection N/A N/A Dorset St 2007Dorset Street / Swift Street Intersection Intersection N/A N/A Dorset St 2007Fayette Rd: from Hannaford Drive to Kmart & QCP (new road) Roadway Y Y Y Shelburne Rd 2012Fayette Road south to Bartlett Bay (Reel Road) Roadway Y N Shelburne Rd 2012Hinesburg Road / Cheesefactory Rd Intersection Intersection N/A N/A Dorset St 2007Hinesburg Road / Meadowland Dr. signalization Intersection N/A N/ADorset St 2007Hinesburg Rd / Tilley Drive Intersection signalization Intersection N/A N/A Dorset St 2007Hinesburg Rad / Van Sicklen Rd Intersection Intersection Y Y Y N/A Dorset St 2007I‐89 Exit 12B Interchange Y Y Variousi‐89 Exit 13 Additional Ramp Interchange Y VariousKimball/Community Intersection Improvements Intersection Y Y ?North Jefferson Road Extension north Roadway Y Y YOld Farm Road / Kimball Ave realignment Intersection Y Tilley Drive 2018Quarry Hill Road extension to Williston Road Roadway Y YSadie Lane extension to Cider Mill Drive Roadway Y Y Comprehensive PlanShelburne Rd: Adaptive Signal Control Signalization N/A N/A Shelburne Rd 2012Shelburne Rd Reconstruction: IDX to QCP Road Roadway N/A N/A Shelburne Rd 2012Shelburne Rd Reconstruction: Lindenwood to I‐189 Ramps Roadway N/A N/A Shelburne Rd 2012Shelburne Rd Transit Station: Farrell St. Transit Center N/A N/A Shelburne Rd 2012Shelburne Rd: Park and Rides Multi‐Modal N/A N/A 2011 CCRPC Park & Ride Planpage 2 Summary of Transportation-Related Projects (+ City Center)August 24, 2018Shelburne Road: Bus shelters at 5 locations Transit N/A N/A Shelburne Rd 2012Spear Street Reconstruction in CIP. Rec portion being scoped now. ~ Y N/A N/A Includes 2018 tooleSwift Street: extend left turn lane at Shelburne Road Roadway N/AN/A Shelburne Rd 2012Swift Street extension: Village at Dorset Park to Hinesburg Road Roadway Y Y Y Dorset St 2007Swift Street / Spear Street Intersection Improvements Intersection Y Y 2004 Spear StreetTilley to Community Drive Road Roadway Y Y Y YTilley to Kimball Ave connector Roadway Y Y YWilliston Road Access Management Roadway Y Y N/AWilliston Road Improvements. May make sense to combine this with the Streetscape below.Roadway Y Y N/A Williston Road 2017Williston Road new Street on north side, from Dorset to PatchenRoadway Y(Path) Y(Path) Y Y Williston Rd Network Study 2017Vale Drive extension to Swift Street Roadway Y Y YVan Sicklen to Cider Mill connector roadway Roadway Y Y Y Comp PlanVan Sicklen to Old Cross Road connector Roadway Y Y YCity CenterMarket Street Roadway Y Y Y Y EAGarden Street Roadway Y Y Y Y EAUrban Park & Streets Park & Roads Y Y Y N City Center PlanCity Center Park. Includes a rec path segment and boardwalk to garden st Park Y Y N City Center PlanCommunity Recreation Center Facility Y Y N/A City Center PlanLibrary Facility Y Y N/A City Center PlanCity Hall Facility Y Y N/A City Center PlanCity Center ‐ Parking Garage Facility Y Y N/A City Center PlanWilliston Road Streetscape. Includes significant sidewalk improvements / enhancements & a cycle‐trackStreetscape Y Y Y N/A City Center PlanPedestrian/Bicycle Bridge over I‐89 Path Y Y Y Stantec  2017Other City Center Streets in FBC Roadway N ? Y Ypage 3