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HomeMy WebLinkAboutAgenda - Planning Commission - 11/12/2024South Burlington Planning Commission 180 Market Street South Burlington, VT 05403 (802) 846-4106 www.southburlingtonvt.gov Meeting Tuesday, November 12, 2024 City Hall, 180 Market Street, Auditorium 7:00 pm Members of the public may attend in person or digitally via Zoom. Participation Options: In Person: City Hall, 180 Market Street, Auditorium Interactive Online: https://us06web.zoom.us/j/5751804106 Phone: (929) 205 6099; Meeting ID: 5751804106 AGENDA: 1) Welcome, instructions on exiting the building in the event of an emergency (7:00 pm) 2) Agenda: Additions, deletions, or changes in order of agenda items (7:02 pm) 3) Open to the public for items not related to the agenda (7:03 pm) 4) Announcements and staff report (7:05 pm) 5) *LDR-24-01 through LDR-24-10 Adoption and Council follow-up (7:15 pm) 6) *City Center Form-Based Code: Status, design and height considerations, next steps (7:25 pm) 7) *Minutes: October 22, 2024 (8:30 pm) 8) *Other Business (8:35 pm) a) City of Winooski ULUDR Amendment to Section 4.12 Parking Requirements, Section 5.10 Protected Uses, Public Facility, and Article VIII Administration 9) Adjourn (8:40 pm) Respectfully submitted, Kelsey Peterson, Senior City Planner * item has attachments South Burlington Planning Commission Virtual Meeting Public Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure that everyone has a chance to speak and that meetings proceed smoothly. 2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting / commenting will have their video on. 3. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. 4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally state your interest in commenting, or type a message in the chat. 5. Once recognized by the Chair, please identify yourself to the Commission. 6. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to complete the agenda. 7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others when they are speaking. 8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications of support are most efficiently added to the chat. 9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other participants to address the Commission before addressing the Commission for a second time. 10. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and influence public opinion on the matter. 11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulated to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com. 12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice-Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official meeting minutes. 13. In general discussions will follow the order presented in the agenda or as modified by the Commission. 14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help guide participants. 15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”. 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4106 | WWW.SOUTHBURLINGTONVT.GOV MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Nick Atherton, City Planner SUBJECT: Planning Commission meeting packet for November 12, 2024 DATE: November 7, 2024 1. Welcome, instructions on exiting the building in the event of an emergency 2. Agenda: Additions, deletions, or changes in order of agenda items 3. Open to the public for items not related to the agenda 4. Announcements and staff report Staff announcements: • The large set of amendments to the Land Development Regulations (LDR-24-01 through LDR-24-10) were adopted unanimously by Council on 11/04. Councilors expressed a hearty thanks to Commissioners for all your work. The regulations will be fully in effect as of 11/25. • Staff attended and presented at the annual Northern New England Chapter of the American Planning Association conference. Lots of great takeaways, including the challenges being faced in the development world regarding construction costs and financing for housing. We hosted a multi-speaker presentation on different aspects of South Burlington’s City Center coming together – state designation programs, transportation solutions, tax increment financing, private sector development, and institutional investment. • Staff held its initial brainstorming of candidate requests for the FY ’26 Chittenden County Regional Planning Commission’s Unified Planning Work Program. We will be bringing project proposals for your consideration to your next meeting for feedback and then your formal recommendations to City Council at your December meeting. • Reminder that there IS a meeting on November 26th, and there is NO meeting on December 24th. If you expect to be away for the November 26th meeting, please let us know asap! • Work will soon be kicking off on a Parks and Open Space Master Plan for the City – a consultant has been selected through the RFP process, and the community engagement process is being development; and proposals have been submitted in response to the City’s RFP to prepare an Economic Development Plan. 2 5. *LDR-24-01 through LDR-24-10 Adoption and Council follow-up As noted above, the recent package of amendments was adopted unanimously by Council. In the course of their review, the Council highlighted the following items for the Commission to follow-up on in the course of your work: a. The motion to adopt on 11/04 included the following: “the consolidated zoning map warned for public hearing includes a small anomaly where a portion of a parcel (on the west side of Spear Street north of Swift Street) was removed from the Habitat Block and instead of showing Low-Scale Neighborhood (LSN) district, it appears to show Natural Resource Protection (NRP) district. The purpose of removing this small anomaly from the Habitat Block is to allow development as LSN, not restrict it to the very low levels of development allowed in the NRP. The City Council directs the Planning Commission to change the zoning of this small anomaly from NRP to LSN during the next amendment to the Land Development Regulations.” [emphasis added] b. The motion to adopt on 11/04 also included the following: “The definition of Educational Support Facility was warned to be amended to restrict the use to uses ‘auxiliary and accessory to post-secondary educational facilities’ to clarify what types of educational facilities can have educational support facilities. UVM has identified a potential interpretation this language requiring any Educational Support Facility to be located on the same lot as an Educational Facility. The City Council requests the Planning Commission examine this definition for clarification and include any recommended changes during the next amendment to the Land Development Regulations.” [emphasis added] See the attached letter from UVM concerning the two items above. c. At their 9/16/2024 meeting, following their first public hearing, the Council reviewed feedback on the draft. Councilors expressed interest in the following topics [note: no formal straw poll or vote was taken, these are expressions from individual Councilors]: i. Consider allowed uses and non-conformities in the Medium Scale Neighborhood District and along Hinesburg Road south of I-89, following feedback from the folks at Happy Tails along Hinesburg Road ii. Explore the 100-foot maximum distance between homes on a parcel within the Natural Resource Protection District, following feedback from a property owner iii. Explore maximum building and lot coverage allowances in Low and Medium-Scale Neighborhood Districts with respect to larger parcels 6. City Center Form-Based Code: Status, design and height considerations, next steps See attached memo! 7. Minutes: October 22, 2024 Draft minutes included 8. Other Business a. *Proposed amendment to Winooski’s Unified Land Use and Development Regulations, Articles IV, V, and VIII. Planning Commission Hearing November 14, 2024, 6:30 pm 9. Adjourn Richard H. Cate Vice President for Finance and Administration OFFICE OF THE VICE PRESIDENT FOR FINANCE AND ADMINISTRATION 350B Waterman Building 85 South Prospect Street, Burlington, VT 05405 phone (802)656-2565 Equal Opportunity/Affirmative Action Employer November 4, 2024 South Burlington City Council City Hall 180 Market Street South Burlington, VT 05403 Via email Dear Members of the City Council, In regards to the public hearing scheduled for November 4th related to the South Burlington Land Development Regulations (LDRs), the University of Vermont submits the following comments and requested changes: Educational Support Facility: On page 91, the definition of Educational Support Facility has been amended to read (added language in underline) as follows: “Any Educational Support Facility shall be designed and intended to function as a complement to the intended educational use of the property. Educational Support Facilities are only allowed as auxiliary and accessory to post-secondary educational facilities. Such uses shall be secondary to the principal educational use of the property and shall be intended to principally serve students, faculty, and staff of the educational use.” For the University’s lands that are located in the IA zones, “Group quarters” are allowed, but “use is allowed only as an Educational Support Facility. See Section 7.01(E).” In effect and even if not intended, the language added to the definition of “Educational Support Facility” may be interpreted to prohibit the University from building housing on a parcel in the IA district unless a post-secondary educational facility exists on the same parcel. UVM owns various parcels in the IA districts and locating both a Post-Secondary Educational Facility and housing as an Educational Support Facility may not be feasible or may not make sense. For example, part of the IA district runs along Spear Street and encompasses land adjacent to Main Street and the jughandle. UVM has identified this in a previous housing study as appropriate for student housing, but depending on the interpretation of this amended language, this might not be possible due to the size of the parcel. Limiting the creation of housing as an Educational Support Facility without a Post-Secondary Educational Facility in the IA zone, which encompasses the majority of UVM lands in South Page 2 OFFICE OF THE VICE PRESIDENT FOR FINANCE AND ADMINISTRATION 350B Waterman Building 85 South Prospect Street, Burlington, VT 05405 phone (802)656-0219 Equal Opportunity/Affirmative Action Employer Burlington, seems to be opposite of the City’s stated intention to enable the creation of housing with this round of LDR amendments. The University requests that the added language be stricken from this amendment. If that is not amenable, an alternative would be to amend the definition of Educational Support Facility to the following language, “Any Educational Support Facility shall be designed and intended to complement the educational purpose of the property. Educational Support Facilities are permitted as auxiliary and accessory to post-secondary educational facilities, even if the principal educational use is located on a different campus property. Such facilities must primarily serve the students, faculty, and staff associated with the educational use.” The University considers the potential impact of this language to be very detrimental to the long-term interests of the University in the potential development of these parcels for educational-related purposes. Draft 2024 Zoning Districts: On page 342, the Draft 2024 Zoning Districts map shows a change to a portion of the UVM owned, Edlund South Tract, west of Spear Street and north of Swift Street. It has been rezoned from “Residential 1 PRD” to “Natural Resource Protection” and this was not identified as “an Area of Change in Zoning” in the Redline Combined LDR 2024-08-13 Draft. The university requests that this be amended and not rezoned to “Natural Resource Protection.” Current Zoning Districts Map (2022-12-05) Page 3 OFFICE OF THE VICE PRESIDENT FOR FINANCE AND ADMINISTRATION 350B Waterman Building 85 South Prospect Street, Burlington, VT 05405 phone (802)656-0219 Equal Opportunity/Affirmative Action Employer Draft 2024 Zoning Districts Map (p. 342) The University appreciates the time and effort that city staff, the Planning Commission, and the City Council have spent on these amendments to the LDR and we thank you for your consideration of these two requests. Sincerely, Richard Cate Vice President for Finance and Administration The University of Vermont cc: Jessie Baker, City Manager Paul Conner, Director of Planning and Zoning Jessica Louisos, Chair, Planning Commission 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4106 | WWW.SOUTHBURLINGTONVT.GOV MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Nick Atherton, City Planner SUBJECT: Proposed changes to Form-Based Code design review DATE: November 7, 2024 This memo consists of an update to our Form-Based Code (FBC) study and an introduction to the first major policy proposal that has emerged from that ongoing study. The first half of the project has been devoted to researching and analyzing the variety of issues and goals identified during the project scoping phase. Since our last update in September, Staff and the consultant have been applying our research to an emerging series of policy proposals, the first of which this memo introduces. Project Status Update & Background At last update, Staff had identified four general areas of focus for adjusting the FBC to support of the goals identified earlier: • Increase fiexibility in building envelope standards. • Align building height standards with new LDR amendments and current real estate market. • Establish a hierarchy of streets and map remaining connections in City Center grid. • Allow pedestrian-only streets and alternative building access types in more locations. These four areas of focus merge with the overall scope of work, which also includes: • Mechanical improvements to the FBC and speciflc items to be addressed • Re-classiflcation of the east end of Market Street The policies proposed in this memo primarily addresses the first two bullets, though it would interact with the other points in supporting a vibrant City Center. Briefly on the other bullets, planning staff are working with staff from across the City on street-related items, including hierarchy of the road network, pedestrian-only streets, and as recommended by the Commission, pedestrian linkages. There is broad support for this direction and we anticipate bringing recommendations in the late fall/early winter. During this project’s research phase, Staff and the City’s consultant, Greg Rabideau, reviewed prior studies, academic white papers, and held roundtable discussions with developers, designers, architects, and landowners in City Center. This research phase affirmed and provided feedback on how to address many of the topics raised in the project’s scope, notably, variety in building design 2 and scale, development challenges on certain parcels, and opportunities to connect into street types and other public spaces. Designers and developers reported that the FBC’s mandates (in particular the Building Envelope Standards, which regulate the most conspicuous elements of building design) often constrain their options and that consideration of possible alternative approaches was challenging given the prescriptive nature of the FBC. We received feedback on several specific mechanical items that applicants ran into repeatedly. City Center Goals The success of any built environment hinges on more than just design choices. An urban system like our evolving City Center is built on shared infrastructure and sustained by a diverse, ever- changing array of businesses and residents. Indeed, Goal 14 of Cityplan 2024 calls for continued investment in a diverse array of uses within City Center: “Plan for and support balanced mixed-use (residential and commercial) development in areas that can support both.” However, for this vision to become a reality, our current regulations may need to be modified in order to support the kinds of land uses we need, at the time when we need them built. Our research identified a consistent tradeoff between three aspects of planning and urban design: quality of buildings, quantity of buildings (and by extension new investment in City Center), and timeliness of new construction (new projects that conform to regulations and meet our community’s needs should be unobstructed by unnecessary delays). Finding ways to ease the trade-offs between these critical elements was another theme that emerged from our research. Part I: Points-Based Design Review Proposal This first area of policy proposal focuses on building design and interface with the public realm (ie: street, pedestrian street, civic space). Staff, in conjunction with consultant Greg Rabideau, recommend amending the current Building Envelope Standards (BES) contained within Article 8 with a points-based system that fosters quality and variety in building design and treatment. The points system is described in greater detail in the accompanying outline. The points system is proposed to review a building’s design in approximately four (4) design categories representative of the different components of a building (and each of which are in the current BES in some way). At this stage, variability in the total minimum building frontage along a street/civic space is NOT along the items proposed to make flexible, as this is a key component of creating a downtown that is pedestrian-oriented, though an iteration of this work could enable small variations to allow for more site amenities, etc. The Design Categories are as follows: • Street Interaction • Site Amenities & Civic Space Engagement • Façade & Building Breaks • Height and Roof Proflle 3 The point system would, as conceived, require a minimum number of points in each category, and then a total number of points that is greater than the sum of the minimums (therefore giving an applicant choices as to how to express their design). Benefits and rewards. Benefits could also be incorporated into the points system for outstanding design. Staff have begun exploring what benefits could be offered. As an example, the City is starting a project to develop a parking management system. Priority use of some publicly-available parking could be an example of a benefit. Please review the attached document titled “Design Excellence in Form Based Code” with an initial pass at this system. A points-based system brings the following benefits: • Offers designers choices in place of minimums, allowing a building’s features to align with its functions. • Creates a structure by which the regulations can incentivize and reward designers who go above and beyond the minimums, while allowing room for trade-offs to the beneflt of City Center and the South Burlington community. • This system is intended as a return to the original purpose of the Form-Based Code: to foster high-quality development through a predictable review process. Questions for Planning Commissioners on Design Features • What are your initial thoughts on this approach? • Do the Design Categories accurately convey the most important elements of building design for South Burlington? • What, if any, architectural features and elements might the design categories be missing or not be of value? • What beneflts could the City provide to incentivize developers reach for greater numbers of points (and be comfortable with opting to pass on) Part II: Building Heights: adjusted minimums and maximums Current height standards by transect zone (in stories). *A new building of less than 3,500 s.f. footprint can be one story. **A new building of AT LEAST 20,000 s.f. footprint can be one story, so long as it is located at least 1,000’ linear feet from another such building approved under the FBC and meets certain design. Paired with the subject of building is the opportunity to right-size allowed building heights for the next generation of buildings in City Center. As a reminder, the amendments adopted to the LDR last week by Council raise the maximum heights of buildings along the Shelburne Road Corridor, and portions of Williston Road, to seven (7) stories, the highest in the City. Commissioners and Councilors have expressed interest in allowing additional height in City Center to align with our goals as enumerated above. To date, 19 new buildings have been approved in the T4 and T5 Districts of City Center since its adoption in 2016. Of these: T- Zone Min. Stories Max. Stories T3 & T3+ 1.5 2.5 (T3); 3.5 (T3+) T4 1*,**-2 5 T5 2 6 4 New Buildings approved in City Center, by Stories Stories # of Buildings Approved 1 0 2 1 3 1 4 15 5 2 Total 19 In order to achieve the full City Center as envisioned by the community, to create a vibrant and dynamic core to the community, to incentivize quality investment, and make full use of the tax increment finance district, staff recommends changes to the height standards in the FBC. Staff recommendation: Staff recommends the Commission discuss the following changes to the T4 and T5 Districts: • Increase the minimum to 3 stories (or possibly 4 in the T5), with the following allowances: o Existing small-lot exception (size TBD, possibly ½ acre, to be assessed) o Ability to “buy down” to 2 stories by achieving more points in building design in the T4 district o Retain a limited version of the 3,500 s.f. building exception o Remove the 20,000 s.f. building exception • Increase maximum to 14 stories, with the following exceptions: o Continue to require step-backs / reduced maximum heights where the T4 abuts lower- scale neighborhoods and in transition areas (to be mapped) Why 14 stories? Today, the largest buildings in Vermont have story counts in the high single digits. The development of Cityplace in Burlington, along with the recent expansion of height restrictions in other parts of South Burlington, signal that the future of new mixed use in core Chittenden County’s core will be in buildings taller than historical averages. With most greenfield parcels in the FBC transects already build or permitted, small parcel infill, and redevelopment of existing areas will become the future of City Center. The ability to build upwards will be crucial to enable its organic evolution. To position the City for future growth upwards instead of outwards, Staff recommend that maximum heights be raised to 14 stories. This metric is slightly higher than the 12-story building at the center of Burlington’s Cityplace, while remaining low enough to ensure that any building built to the maximum standard will be proportional to its surroundings. It is in the realm of significant buildings in similarly-scaled and positioned communities. Questions for Planning Commissioners on Building Heights • What data analyses would you like to see as part of this work? • What transition area considerations are important? • What design considerations would be important for taller buildings? 1 DESIGN EXCELLENCE IN FORM BASED CODE THE CITY OF SOUTH BURLINGTON VERMONT DESIGN EXCELLENCE IN FORM BASED CODE All projects proposed in the Form Based Code transects must accumulate a minimum of ten points for approval. Points can be earned in all design categories. Projects which score 15 points may be eligible for certain incentives, such as bonus surface parking allowances, priority in parking district, or height waivers. Design Categories Street Interaction (minimum 1 point) The Form Based Code is meant to encourage an urban streetscape where the pedestrian experience is enriched through visual and functional connection between the public space and occupied space. A range of solutions should be considered to meet this goal. Current standard: entry-level doorways at minimum spacing Options for alternate compliance: • A Grand entrance • Colonnades or Arcades enclosing publicly accessible space Earn additional points by: • Provide access to semipublic spaces including public restrooms, bike storage facilities or shared parking resources either incorporated into primary structures, or as stand-alone elements in required public spaces (treated as secondary structures.) • Provide pedestrian level enhancements to facades such as rusticated basements, water tables, string courses, decorative screen panels or integrated artworks such as mosaics, stained glass or other applied arts to enrich the street level experience. • Place Site Amenity between the primary building line and the secondary building line into public seating either as outdoor dining or as furnished public space. Site Amenities & Civic Space (minimum 1 point) The Form Based Code requires occupied spaces to have access to outdoor space. The current LDRs detail the minimum required areas as a ratio of the building area. The goal is to adjust the current LDRs to allow multiple paths to compliance with this requirement, adding habitable building elements to the current mix. Current Standard: Provide outdoor space as required by Table 8-? Options for alternate compliance: • Balconies may be used to meet up to 50% of the structure’s required outdoor space provided the balconies, decks, or terraces are habitable and contribute to the architectural aesthetic of the proposed building. • Stepped back upper stories where the change in building planes is sufficient to create habitable space at the transition shall be counted as outdoor space. (4+ feet )Develop useful multi-purpose hardscapes between adjacent structures. • Terraces, plazas, patios, outdoor seating areas with special paving. • Roof deck where the outdoor space created may be either planted or hardscaped or a combination of the two equaling not less than fifty percent of the total roof area as long as DESIGN EXCELLENCE IN FORM BASED CODE THE CITY OF SOUTH BURLINGTON VERMONT the roof garden thus created is accessible to all building tenants. • Bike paths, Alleys, other limited access circulation elements. Façade & Building Breaks (minimum 2 points) Projects constructed to date have met the minimum dimensions required by the LDRs. The goal is to achieve greater articulation of facades and more variety of treatment in projects moving forward. Current minimums: Regular building breaks; Glazing greater than or equal to 30% of the primary façade Options for alternate compliance: • Exceed minimum building plane offsets in depth or frequency beyond the tabular minimums. • Use required breaks to articulate larger structures as a collection of smaller discrete volumes. Use material changes to reinforce the composition thus created. • Employ elements that project beyond the plane of primary façade to create depth or highlight functional elements including: o Hood moldings, pediments, shadow boxes, solar shading devices, or other means of highlighting window and door openings. o Lugged sills or Headers of contrasting cut stone, soldier courses or rowlock sills. o Ground level arcades or colonnades enclosing indoor or outdoor transitional spaces. Earn additional points by: • Upgraded siding materials: clay brick masonry, cut stone, metallic shingles or panels as accents (must cover 25% façade). • Premium siding materials: brick masonry, cut stone, other natural materials. Height & Roof Profile (minimum 1 point) The City seeks to encourage greater variety in how the skyline evolves. That entails greater variety in allowable volume and more diversity of roof forms. Additional points and the benefits of those points should be accrued to applicants who create habitable outdoor spaces at the roof level, or interior habitable space contained under the eaves of a variety of roof forms. Current standards: achieve the minimum of stories and provide some roof articulation. Options for alternate compliance: • Providing multiple roof heights or top floors. • Allow for alternate means to denote the building topline including: o Friezes featuring bas-relief, bar-relief, or 3d printed architectural panels. o Functional solar shading devices over window openings. o Decorative elements applied in service of the greater composition. o Provide a pitched roof structure such as gable, mansard, hip, bow, or other creative 3 DESIGN EXCELLENCE IN FORM BASED CODE THE CITY OF SOUTH BURLINGTON VERMONT combination of planes providing a weather cover to the structure (exempt purely decorative forms from height limits). • Earn additional points by: • Provide a pitched roof structure such as gable, mansard, hip, bow, or other creative combination of planes providing a weather cover to the structure and contains occupied space not to exceed 75% of the floor below. • Penthouse or roof structure set back from primary building lines by a minimum of 4 feet. Optional Significant Architectural Features: additional points per feature There are no prerequisites under form-based code for significant building elements. In service of creating a greater urban vision, provision should be made to reward applicants willing to incorporate significant design elements into their projects. • Clock Towers, Spires or Domes. • Underground or otherwise structured parking shared with the public. • Outstanding achievement in massing. • Outstanding integration between interior and exterior spaces. PAGE 1 DRAFT MINUTES PLANNING COMMISSION 22 OCTOBER 2024 The South Burlington Planning Commission held a regular meeting on Tuesday, 22 October 2024, at 7:00 p.m., in the Auditorium, City Hall, 180 Market Street, and via Zoom remote technology. MEMBERS PRESENT: D. Macdonald, Acting Chair; M. Mittag, P. Engels, D. Leban, C. Laurence ALSO PRESENT: P. Conner, Director of Planning and Zoning; K. Peterson, City Planner; R. Doyle; T. Barritt 1. Instructions on exiting the building in case of an emergency: Mr. MacDonald provided instructions on emergency exit from the building. 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. Planning Commissioner announcements and staff report: Mr. Mittag: The City Council has approved the Conservation Easement for Wheeler Nature Park. Mr. Conner: The City is making headway on permit software. Construction has begun on the addition to the Double Tree Hotel. There will be a sky bridge to the existing building. PLANNING COMMISSION 22 October 2024 PAGE 2 5. LDR Amendments LDR-24-01 through LDR-24-10: Ms. Peterson noted that the City Council made some changes which will require “tweaking” of the reports. Mr. Mittag moved to approve the updated reports for LDR amendments LDR-24-06 where changes were made to amendments and to find that other amendments did not require a change to the report. Mr. Engels seconded. Motion passed 5-0. Mr. Conner noted that the second City Council public hearing on the amendments and possible Council action will take place at the Council’s 4 November meeting. 6. Equity in Outreach Presentation: Ms. Peterson reviewed the history of the project and noted that the City hired Civic Brand as a consultant for the project. She noted this is not a finished “tool kit,” and the hope is to have that in November. The intent is to use this tool kit in the early stages of new projects (e.g., the Parks Master Plan). The projects goals are: a. To achieve equity in City government b. To reframe the City’s approach to outreach c. To build a predictable, transparent system d. To reach people that traditional outreach methods often fail to reach e. To incorporate a feedback loop into the outreach process (i.e., to communicate back to the people most impacted). This project is a small piece that will be built on I the future and will never really end. The project involved input from a City Manager-appointed advisory group, a public survey, focus groups, interviews, pop-up events and staff input. The 4 pillars of the proposed tool kit are: 1. Principles (guidelines/best practices) 2. Engagement (types) 3. Community (partners) 4. Checklists, templates & other resources PLANNING COMMISSION 22 October 2024 PAGE 3 Mr. Conner said the aim is to look at feedback from the point of view of a perspective, and you may not need 50 people to identify a perspective. There are entire viewpoints in the community that the City is not hearing from. Engagement can relate to unique life stages (e.g., seniors, youth, etc.), unique barriers (i.e., language), unique motivations (e.g., personal fulfillment, practical and strategic, civil, moral and ethical values). Even though you can’t tailor outreach to all combinations of engagement types, you can remove barriers by something like a public survey. The focus of the tool kit is to meet people where they are. Ms. Leban said it is hard to solicit feedback without real life exemptions. Ms. Peterson said the aim is to reach people at the inception of a project about the concepts. It would not be too technical. Mr. Laurence noted that a lot of people don’t even know that a planning process exists. Ms. Peterson said the hope is that if people hear it a number of times, they will come to understand. That is part of the education process. Ms. Peterson stressed that this will not change the decision-making power from the responsible bodies. Decision making is not transferred to the public. Ms. Peterson then reviewed the “engagement spectrum”: a. Inform (provide information to the public that traditional methods don’t reach) b., c., and d. Consult, Involve, Collaborate (encourage people to provide feedback) e. Shared Decision-Making (having the public share in making final recommendations). Best practices would involve: a. Clearly defining the goals of a project, engagement types, those most impacted, required level of engagement from each type/community/and City at large b. Making engagement accessible, providing mutual engagement channels, using culturally relevant and accessible communication, hosting engagement opportunities, offering flexible participation options, and creating safe and inclusive spaces PLANNING COMMISSION 22 October 2024 PAGE 4 c. Closing the loop by providing project progress and going back to a specific group for more feedback. Ms. Leban suggested taking 3 or 4 different topics and seeing how this framework would work with those topics. As an example, she noted that different people will have different opinions regarding building heights. Mr. Engels noted that there are in all communities “opinion leaders,” those that other people look to. He said you don’t want to limit them as they are the voice for a lot of people. Mr. Conner said the purpose is to build up community leaders so they know how to access City government. Mr. Engels suggested asking community leaders how they got involved. Mr. Engels also felt that the goal should be decision making as that is what democracy is. Mr. Macdonald caution of mob rule. 5. Project Charges: Mr. Macdonald said he was pleased to see something like this. It has the opportunity of making what the Commission is working on more accessible to the public. He hoped that if the Commission has done its work up front, it will make them more focused and get things done quicker. Project #1: Supporting Uses in Primarily Commercial Areas: Project Description: Examine the primarily commercial districts including Mixed I- C and I-OS to evaluate what uses should be allowed there to support the primarily commercial nature, and how to balance City economic goals, housing goals, and transportation goals in those areas. Mr. Mittag said he would add what housing could be in a commercial area, specify where it could be within a zone, and define that it would be in a limited part of the zone. Ms. Leban said you can’t define where housing will go without knowing the specific property. Members were OK with the language as written. Ms. Peterson recommended the project time be extended slightly to allow for thorough review and hearings. PLANNING COMMISSION 22 October 2024 PAGE 5 Ms. Leban moved to approve the language as written with a tweak to the time- line. Mr. Engels seconded. Motion passed 5-0. Project #2: Commercial Uses Citywide and Uses Allowed in Medium Scale Districts: Mr. Macdonald was concerned with the scale of use, noting that a 500,000 sq. ft. building could be a high impact regardless of the type of use. He noted that a charcoal manufacturing use could create smoke and noise, regardless of the size of the use. Ms. Peterson said this would be included in the review. Ms. Peterson recommended a minor change in the title and introduction to be clear that this was a review of commercial use categories throughout the city, as well as a review of allowed uses in the Medium Scale Neighborhood and similar areas, and to include the same timeline change as in Project #1. Mr. Mittag asked whom they could ask to be engaged in defining the project. Mr. Macdonald suggested SBBA or the Economic Development Committee. Mr. Engles moved to approve with the amended wording and time-frame. Ms. Leban seconded. Motion passed 5-0 7. Meeting Minutes of 30 July 2024: On p. 4, paragraph 2, members agreed to delete the second sentence because it was spoken incorrectly. Mr. Mittag moved to approve the Minutes of 30 July 2024 as amended. Ms. Leban seconded. Motion passed 5-0. 8. Other Business: No other business was presented. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 8:40 p.m. ___________________________________ Clerk 27 West Allen Street Winooski Vermont 05404 802 655 6410 winooskivt.gov City of Winooski Vermont’s Opportunity City Memorandum TO: Charles Dillard, AICP, City of Burlington Principal Planner Paul Conner, AICP, City of South Burlington Director of Planning & Zoning Cathyann LaRose, AICP, Town of Colchester Director of Planning & Zoning Zachary Maia, Town of Colchester Development Manager The Chittenden County Regional Planning Commission The Vermont Department of Housing and Community Development FROM: Ravi Venkataraman, AICP CFM Director of City Planning RE: Report on Proposed Amendments to the City’s Unified Land Use and Development Regulations, Articles IV, V, and VIII DATE: October 24, 2024 ________________________________________ Enclosed with this memo, please find proposed amendment to the City of Winooski’s Unified Land Use and Development Regulations. The amendments relate specifically to: • Section 4.12 – Parking Requirements • Section 5.10 - Protected Uses, Public Facility • Article VIII - Administration The City of Winooski’s Planning Commission will hold a public hearing on Thursday, November 14, 2024 beginning at 6:30 p.m. to take public comments on the proposed amendments. This hearing will be held in person at Winooski City Hall, 27 West Allen Street, Winooski VT; or electronically by visiting https://us06web.zoom.us/j/89807479305; or by calling (646) 558 8656 and using Webinar ID: 891 0747 9305 Toll charges may apply. The hearing notice is also included with this memo for reference. Please ensure this information is provided to the chair of your Planning Commission. Comments related to these amendments should be submitted in writing to me by the close of business on Tuesday, November 12, 2024. 27 West Allen Street Winooski Vermont 05404 802 655 6410 winooskivt.gov City of Winooski Vermont’s Opportunity City PUBLIC HEARING NOTICE AMENDMENTS TO THE CITY OF WINOOSKI UNIFIED LAND USE AND DEVELOPMENT REGULATIONS In accordance with 24 V.S.A § 4441 and § 4444, the City of Winooski’s Planning Commission will hold a public hearing on Thursday, November 14, 2024 beginning at 6:30 p.m. Members of the public interested in participating in this hearing can do so by attending in person at Winooski City Hall, 27 West Allen Street, Winooski VT; or electronically by visiting https://us06web.zoom.us/j/89807479305; or by calling (646) 558 8656 and using Webinar ID: 898 0747 9305. Toll charges may apply. Amendments to the Unified Land Use and Development Regulations • Section 4.12 – Parking Requirements • Section 5.10 - Protected Uses, Public Facility • Article VIII - Administration Statement of Purpose: The purpose of these amendments are as follows: Section 4.12 – Allows for parking spaces in an adjacent or nearby lot to count toward the parking requirements of a residential use Section 5.10 – Acknowledges that for conversions of hotels and motels into permanently affordable housing, the Unified Land Use and Development Regulations cannot interfere with the functioning of the use Article VIII – Updates the public noticing requirements to align with the recent changes to 24 V.S.A. §4464 Geographic Area Affected: The proposed amendments will apply to the entire City including all zoning districts. Section Headings Impacted: The following specific updates are included with these amendments: Section 4.12 – Removes a clause under subsection D.2 to allow for residential uses in the City’s residential districts to allow off-site parking to fulfill a portion of the parking requirements. Section 5.10 – Adds “Hotels and motels converted to permanently affordable housing developments” to subsection A. Article VIII – Modifies statutory reference to indicate that adherence to the entirety of §4464 is required. The full text of these amendments is available at the Winooski City Hall, 27 West Allen Street, during normal business hours or by contacting Ravi Venkataraman, AICP CFM, Director of City Planning by calling 802.655.6410 or rvenkataraman@winooskivt.gov. 27 West Allen Street Winooski Vermont 05404 802 655 6410 winooskivt.gov City of Winooski Vermont’s Opportunity City Memorandum TO: City of Winooski Planning Commission FROM: Ravi Venkataraman, AICP CFM Director of City Planning RE: Report on Proposed Amendments to the City’s Unified Land Use and Development Regulations Articles IV, V, and VIII DATE: October 24, 2024 ________________________________________ This memo provides information related to proposed amendments to the City of Winooski’s Unified Land Use and Development Regulations as discussed by the Planning Commission at multiple meetings. The proposed amendments specifically impact the following parts of these regulations: • Section 4.12 – Parking Requirements • Section 5.10 - Protected Uses, Public Facility • Article VIII - Administration Background With the enactment of legislation in Act 181 in 2024, the City of Winooski began to review the Unified Land Use and Development Regulations (ULUDR) for consistency with the Act. Based on Act 181, multiple sections of the ULUDR required updates. Purpose of Amendments In accordance with 24 V.S.A. § 4444, these amendments are being proposed to bring the existing ULUDR into conformance with state statutes, specifically related to changes made with Act 181 of 2024. The changes will impact Articles IV, V, and VIII. The proposed amendments: o Allows for parking spaces in an adjacent or nearby lot to count toward the parking requirements of a residential use o Acknowledges that for conversions of hotels and motels into permanently affordable housing, the Unified Land Use and Development Regulations cannot interfere with the functioning of the use o Updates the public noticing requirements to align with the recent changes to 24 V.S.A. §4464 Proposed Amendments Memo to Planning Commission Proposed ULUDR Amendments November 14, 2024 Page 2 of 3 Included with this memorandum are the proposed amendments to the ULUDR as outlined above. Proposed additional text is shown in red and underlined. Text that appears with a strikeout is proposed to be deleted. If a section is not included, no changes are being proposed to those regulations. Consistency with the Winooski Master Plan The following information is provided to address the requirements of 24 V.S.A. § 4441 regarding consistency of the proposed amendments to the City of Winooski Master Plan, adopted March 2019. Specifically, statute requires municipalities to consider three parts when reviewing proposals for new or amended bylaws. These considerations include: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing and 24 V.S.A §§ 4412, 4413, and 4414. The proposed changes align with the following goals from the 2019 Winooski Master Plan which serves as Winooski's municipal plan: • Considering the limited land area in Winooski, continue to infill and build upward in accordance with the land use regulations to ensure economic sustainability. • Encourage the development of affordable housing options for a broad range of income levels. • Foster a mix of housing types to serve the needs of different family compositions, household types and multi-generational needs • Support sustainable growth, density and creation of additional housing units a. 24 V.S.A. § 4412 – Required Provisions and Prohibited Effects This bylaw revision promotes the availability of safe and affordable housing by: • Providing developers with more flexibility in developing residential uses in the City's residential districts. • Allowing for higher density on lots if the parking requirements can be met off-site. • Supporting the conversions of hotels and motels into affordable housing. • Giving certainty to applicants on the public hearing process. b. 24 V.S.A. § 4413 – Limitations on Municipal Bylaws This bylaw change would move the City into compliance into §4413 by including the conversions of hotels and motels into affordable housing as a protected use. c. 24 V.S.A. § 4414 – Zoning; Permissible Types of Regulations No new zoning districts are being proposed with this proposed bylaw change. Memo to Planning Commission Proposed ULUDR Amendments November 14, 2024 Page 3 of 3 2. Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments maintain or increase future land uses and densities as outlined in the City's Master Plan including the Future Land Use Map. These amendments are intended to support future development at density and intensity levels consistent with areas planned for growth, including within water and wastewater service areas. 3. Carries out, as applicable, any specific proposals for any planned community facilities. No specific proposals for community facilities are planned that would be impacted by the proposed amendments. Specifically, the proposed amendments are intended to bring the ULUDR into conformity with enacted statutes. These amendments will not conflict with any future planned community facilities. Developments that may be established due to these proposed changes will support existing community facilities. DRAFT Changes related to Act 181 October 10, 2024 Article VIII - ADMINISTRATION | City of Winooski 106 SECTION 5.10 - PROTECTED USES, PUBLIC FACILITY A. The following uses may be regulated only with respect to the location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements, and only to the extent that regulations do not have the effect of interfering with the intended functional use: 1. State- or community-owned and -operated institutions and facilities; 2. Public and private schools and other educational institutions certified by the Agency of Education; 3. Churches and other places of worship, convents, and parish houses; 4. Public and private hospitals; 5. Regional solid waste management facilities certified under 10 VSA Chapter 159; 6. Hazardous waste management facilities for which a notice of intent to construct has been received under 10 VSA § 6606(a); and 7. Emergency Shelters; and 8. Hotels and motels converted to permanently affordable housing developments. B. Except for State-owned and -operated institutions and facilities, a municipality may regulate each of the land uses listed in Section 5.10.A for compliance with the National Flood Insurance Program and for compliance with a municipal ordinance or bylaw regulating development in a flood hazard area or river corridor, consistent with the requirement of 24 V.S.A. § 2291(25) and 24 V.S.A. § 4424. These regulations shall not have the effect of interfering with the intended functional use. SECTION 4.12 - PARKING REQUIREMENTS … D. Vehicle Parking Adjustments. The following options are intended to support reductions to the minimum parking for each use. The required reserved parking spaces may be adjusted, with approval from the DRB or ZA depending on the application requested, as follows: 2. Location. The applicant shall demonstrate sufficient vehicle parking for residents and employees is available and reserved for use on the applicant's site or off-site within 1400 feet from the project site as measured from the edge of the property for the proposed development to the entrance of the off-site parking area utilizing complete ADA accessible pedestrian pathways or facilities that are maintained by the City for year-round use. No more than 20% of the required reserved parking or 10 spaces, whichever is more, shall be allowed off-site. Each application involving the provision of reserved parking spaces off-site shall submit written proof of contractual arrangements with the owner of the lot which guarantees the continuous use of the required parking spaces for the particular use(s) for the duration of the use(s). The off-site parking provision is not permitted for development proposals within the Residential A, Residential B, or Residential C Zoning Districts. DRAFT Changes related to Act 181 October 10, 2024 Article VIII - ADMINISTRATION | City of Winooski 107 ARTICLE VIII - ADMINISTRATION … D. Public Notice. In accordance with the Act [§ 4464(a)], warned public hearings shall be required for site plan and conditional use review, appeals, variances, and preliminary and final subdivision review. Notice shall be the responsibility of the ZA and shall be given not less than 7 days prior to the date of the public hearing for site plan review and 15 days prior to the date for all other required public hearings by all of the following: 1. Publication of the date, place and purpose of the hearing in a newspaper of general circulation in the City of Winooski. 2. Posting of the same information in three public places: the Winooski City Hall, and two other locations. 3. Posting of a notice of hearing within view from the public right-of-way nearest to the property for which the application is being made. 4. Written notification, sent by certified mail return receipt requested, to the applicant and to owners of all properties adjoining the property subject to development, without regard to public rights-of-way, which includes: a. a description of the proposed project; b. information that clearly informs the recipient where additional information may be obtained; and c. notice that participation in the local proceeding is a prerequisite to the right to take any subsequent appeal. 5. For hearings on subdivision plats located within 500 feet of a municipal boundary, written notification to the clerk of the adjoining municipality. 6. For applications in which a waiver or variance is sought regarding setbacks from a state highway, written notification to the Secretary of the Agency of Transportation. 7. Cost of all required notice shall be borne by the applicant.