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HomeMy WebLinkAboutAgenda - Planning Commission - 12/11/2018South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, December 11, 2018 7:00 pm South Burlington Municipal Offices, 575 Dorset Street AGENDA: 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Planning Commissioner annual appointments and meeting times (7:15 pm) a. Election of Chair, Vice Chair, Clerk b. Set regular meeting dates/times 6. Brief staff update from City Council meeting re: Inclusionary Zoning (7:25 pm) 7. Commission Work Session: Planned Unit Development & Subdivisions (7:35 pm) [Work Plan #9] a. Work session on natural resources / open space classification and regulation b. Possible discussion of other elements of PUDs, subdivisions, and related tools 8. Other business (8:55 pm) 9. Adjourn (9:05 pm) Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: December 11, 2018 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Planning Commissioner annual appointments and meeting times (7:15 pm) a. Election of Chair, Vice Chair, Clerk b. Set regular meeting dates/times Due to schedules and other projects, we realized that the Commission had not taken its annual action to elect its leadership and set its regular dates & times for meetings. These actions would be effective until July 2019 (or whenever the Council’s appointments to committees are complete and the Commission holds its annual election). Staff will run the first part of the election until a chair is selected, after which the chair will run the remainder. 6. Brief staff update from City Council meeting re: Inclusionary Zoning (7:25 pm) Staff will update the Commission on the discussion the Council had regarding Inclusionary Zoning. In brief, the Council is considering the question of priority and has asked staff to work with the Chittenden County Regional Planning Commission to determine whether assistance from them would be possible and fruitful in advancing the work expeditently. 7. Commission Work Session: Planned Unit Development & Subdivisions (7:35 pm) [Work Plan #9] a. Work session on natural resources / open space classification and regulation b. Possible discussion of other elements of PUDs, subdivisions, and related tools See the attached memo from Cathyann LaRose. At this meeting, the materials are being presented so that the Commission may work on how to address various kinds of natural resources. Staff is providing significant background information and the resources; at the meeting, per Commissioners’ requests, staff will be there as a resource but won’t go over information in the packet unless requested. Staff recommends the Commission consider and determine what additional information, by the end of the work session, would be needed to complete this effort. 8. Other business (8:55 pm) 9. Adjourn (9:05 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Cathyann LaRose, AICP, City Planner SUBJECT: Natural Resource Elements in Land Use Regulations DATE: December 11, 2018 Planning Commission meeting Natural resources are a critical component in land use planning. Knowing what exists, and having clear community goals that define protected resources and levels of protection should be a part of every application and review of proposed land development. A quick recap on the approaches to resource protection and consideration: Non-Regulatory ❖ Large scale acquisition of parcels for conservation o Primarily acquired through donation or purchase. o Parcels are typically identified via a community’s priority map or Official Map, depending on the preferences of the municipality and the importance of securing specific parcels of land. o Generally, conserves a parcel as a whole. May or may not consider adjacent properties. Regulatory ❖ Corridor or area-wide development restrictions o As part of a TDR program, development rights are retained but transferred from parcels which have been identified as more ecologically important to other preidentified parcels. o The goal and result of this program is to limit or prevent development on large portions of land without downzoning or stripping financial value from property owner or at a cost to the community. ❖ Parcel level planning o Plans general development areas around or with due consideration to critical resources areas that often extend beyond a single property’s boundaries. o Seeks to prevent fragmentation of resources. o Most useful at time of subdivision or master plan. o Can include provisions for identified primary and secondary natural resource areas. See definitions below. 2 o Usually includes direction that specify terms for avoidance or limits encroachment. May influence a variety of factors, including lot layout, infrastructure layout, parcel connections, and land coverage. ❖ Site specific o More specific layout of site elements to avoid or limit encroachment on various mapped resources, usually slopes, flood plains, riparian corridors, wetlands and other water resources. o Guide required planned open space on a parcel. o Can also regulate site elements with consideration to identified primary and secondary natural resource classifications. Classifying land according to primary and secondary conservation areas is a useful tool in assigning the various levels of protection of a type of resource. How resources are classified into and between these two categories varies by community according to their own priorities. The 2014 Open Space Report made basic distinctions: ▪ Primary Conservation Areas include environmentally sensitive and hazardous areas that are off-limits to development, regard-less of their setting or context – for example, surface waters, wetlands and designated buffer areas; very steep slopes (>20% or 25%); flood and fluvial erosion hazard areas; and sites that host or support rare, threatened and endangered species. (p. 52) ▪ Secondary Conservation Areas are those other resource areas also identified for conservation or protection, in which limited encroachment may be allowed in accordance with siting and management practices that are intended to avoid, minimize or mitigate the adverse impacts of development – for example primary agricultural soils, natural communities, wildlife corridors and scenic viewsheds. (p. 52) The 2014 Open Space Report acknowledges that the Open Space Committee did not reach consensus on which specific resources should be listed as primary or secondary. The report provides several options, including draft language from a 2012 grant project (see very early draft here, disclaimer that it is based on regulations in place in 2012) and from the South Burlington’s Natural Resource Committee’s conservation scorecard, as well as a new report recommendation (page A-3). The 2014 report concludes with a recommendation that the City should provide further review and discussion related to the assignment of resources into primary and secondary designations. The recommendation in the 2014 Open Space Report is a fair place for the Commission to begin discussion. Some of the recommended resources are already protected via the Land Development Regulations as no build zones, while some permit limited encroachment. Some others are not yet addressed in the LDRS. Staff encourages the Commission to discuss these resource areas with respect to type of protection, mitigation, or any other limitations that may be appropriate in the context of proposed development. 3 Type Description Development/Management Considerations Primary Conservation Area Hazardous and environmentally sensitive areas , to be confirmed through field verification, including: Very steep slopes (>20 [25]% ) Surface waters, shorelines, required setbacks Wetlands (Class 1, 2),required setbacks Flood hazard areas (1% chance flooding/yr) Fluvial erosion hazard areas Rare, Endangered, Threatened Species Habitat Water Supply SPAs (Zone 1) Primary Conservation Areas supersede and overlay other zoning districts and transect zones and are coded as T1 zones regardless of the underlying transect zone. Conservation PUDs required in: [Districts] “No-build “ areas to be excluded from development, except as specified in the land development regulations, to avoid hazards to life and property and adverse impacts to resources identified for conservation. Subdivisions (lot lines), road, utility and recreation corridors, fence lines and driveways must be sited and configured to avoid resource fragmentation and encroachment within these areas, except as specified in the regulations. Contiguous open space areas are to be maintained or re- established as needed to conserve resource functions, values. Allowed uses, facilities and activities must be sited, developed and managed to minimize risk and to avoid adverse impacts to resource functions and values. Primary resource conservation areas are to be set aside and identified as conserved open space on site plans and subdivision plats. Secondary Conservation Area Resource areas identified for conservation and protection, to be confirmed through field verification, including: Steep Slopes (15% to 20%) Riparian areas Wetlands (Class 3) and required setbacks Flood hazard areas (o.2% chance flooding/yr) Primary Agricultural Soils Farmland [10+] acres in use w/in past [5] years Tree/Forest Cover (=> 20,000 square feet) Water Supply SPAs (Zone 2) Natural Communities Significant Wildlife Habitat Wildlife Connectivity Corridors Scenic Viewsheds (from public vantage points) Secondary Conservation Areas supersede and overlay other zoning districts and transect zones and may be coded as T1 or T2 Conservation PUDs required in: [Districts] Development – including subdivisions (lot lines), road, utility and recreation corridors, development envelopes, buildings, fences and walls and other structures – are to be sited, designed and maintained to minimize resource fragmentation and encroachment within these areas, and undue adverse impacts to resource values and functions. Contiguous open space areas are to be maintained or re- established as needed to protect resource functions, values. Best management practices must be used to mitigate adverse impacts of development on resource functions and values. Off-site mitigation may be allowed for development within secondary conservation areas located in City Center (T3, T4 and T5 Transect Zones), and Transit Overlay [Other?] District as needed to accommodate planned forms and densities of development. Clustering and/or development envelopes will be required as needed to limit development encroachment and adverse impacts in other zones/districts. Secondary resource conservation areas are to be set aside and identified as conserved open space on site plans and subdivision plats. 4 Pulling out the potential conservation resource areas: PRIMARY 1. Very steep slopes (>20 [25]% ) a. Not currently regulated in SB LDRs b. Some changes proposed via 2011 work with CCRPC c. Not common in South Burlington d. (staff is working on getting these mapped for review) 2. Surface waters, shorelines, required setbacks a. Streams regulated in SBLDRs via Article 12 (page 210)* b. Shoreline regulations limited to required erosion control measures for properties adjacent to Lake Champlain c. Some changes proposed via 2011 work with CCRPC 3. Wetlands (Class 1, 2) and (?) required setbacks a. No Class 1 wetlands in South Burlington b. Class 2 and 3 wetlands are regulated in SBLDRs via Article 12* c. Some changes proposed via 2011 work with CCRPC 4. Flood hazard areas (1% chance flooding/yr) a. Currently regulated via SBLDRs. 5. Fluvial erosion hazard areas a. Not currently regulated in SB LDRs. b. No draft language yet available; should be discussed and, if included, standards would have to be drafted. 6. Rare, Endangered, Threatened Species Habitat a. Not currently regulated in SB LDRs b. Included in 2012 CCRPC draft as recommendation to avoid adverse impact 7. Water Supply SPAs (Zone 1) a. Not currently regulated in SB LDRs b. Included in 2012 CCRPC draft as recommendation to avoid adverse impact SECONDARY 1. Steep Slopes (15% to 20%) a. See notes above related to slopes. 2. Riparian areas a. Not currently regulated in SB LDRs b. Included for consideration with relation to Wildlife connectivity and riparian buffers in the 2012 CCRPC report 3. Wetlands (Class 3) and required setbacks a. Currently regulated in SBLDRs, article 12.02E. b. No changes proposed in subsequent studies. 4. Flood hazard areas (o.2% chance flooding/yr) a. Mapped as subset of Flood Plain Overlay District but not currently regulated 5. Primary Agricultural Soils a. Not currently regulated by the South Burlington LDRS. 5 b. Regulated by State of Vermont 6. Farmland [10+] acres in use w/in past [5] years a. Not currently regulated by the South Burlington LDRS. 7. Tree/Forest Cover (=> 20,000 square feet) a. Not currently regulated by the South Burlington LDRS. 8. Water Supply SPAs (Zone 2) a. Not currently regulated by the South Burlington LDRS. 9. Natural Communities a. Not currently regulated by the South Burlington LDRS except as mapped in the SEQ NRP 10. Significant Wildlife Habitat a. Not currently regulated by the South Burlington LDRS except as mapped in the SEQ NRP 11. Wildlife Connectivity Corridors a. Not currently regulated by the South Burlington LDRS except as mapped in the SEQ NRP 12. Scenic Viewsheds (from public vantage points) a. Currently protected via Scenic View Overlay district b. Project funded in 2019 to review definition and application of scenic views *South Burlington Land Development Regulations can be found online here. The State of VT ANR Biofinder map is useful in helping to understand the general locations of some of these resources. Adopted standards by the city would likely include provisions ground delineations and assessments. This link explains how the map works. The guidelines associated with using biofinder for land use planning were consulted as part of the 2014 Open Space Report. Staff will present an outline of development review options (site plan, master plan, subdivision) that will reference the use of Primary and Secondary resource areas in the creation of lots, infrastructure, and site planning.