Loading...
HomeMy WebLinkAboutAgenda - Planning Commission - 06/11/2019 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, June 11, 2019 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 (7:02 pm) 3. Possible executive session to discuss real estate transactions. (7:03 pm) 4. Open to the public for items not related to the agenda (7:50 pm) 5. Planning Commissioner announcements and staff report (7:55 pm) 6. Initial consideration of proposed amendments to Article 9 related to TDRs, Amanda Lafferty (8:00 pm) 7. Report from Committee Liaisons: (8:30 pm) a. Open Space IZ Committee, Bernie Gagnon b. Form Based Code Committee, Art Klugo c. TDR Committee, Monica Ostby 8. Initial consideration of proposed technical corrections to the LDRs, including umbrella approvals, and procedural updates including field changes, administrative review and as-built plans (8:45 pm) 9. Continued review of proposed amendments to Appendix F relating to open space (8:55 pm) 10. Discuss approach for LDR updates (9:10 pm) 11. Meeting Minutes (9:20 pm) 12. Other business (9:21 pm) a. Burlington Comprehensive Development Ordinance Amendments, Including updates to Inclusionary Zoning 13. Adjourn (9:30 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: Cathyann LaRose, City Planner SUBJECT: Planning Commission Staff Memo DATE: June 11, 2019 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 (7:02 pm) 3. Possible executive session to discuss real estate transactions. (7:03 pm) The Planning Commission will have the opportunity to enter an executive session to discuss real estate transactions. 4. Open to the public for items not related to the agenda (7:45 pm) 5. Planning Commissioner announcements and staff report (7:50 pm) Forest Fragmentation Webinar: Staff participated in a webinar earlier this week led by VT ANR on forest fragmentation and its relationship to Act 171. The webinar is now available for online viewing by all at https://youtu.be/ZWal_YKxXz4. 6. Initial consideration of proposed amendments to Article 9 related to TDRs, Amanda Lafferty (8:00 pm) See attached memo and draft from Amanda Lafferty, Deputy City Attorney. 7. Report from Committee Liaisons: (8:30 pm) a. Open Space IZ Committee, Bernie Gagnon b. Form Based Code Committee, Art Klugo c. TDR Committee, Monica Ostby 8. Initial consideration of proposed technical corrections to the LDRs, including umbrella approvals, and procedural updates including field changes, administrative review and as- built plans (8:45 pm) See attached draft. 9. Continued review of proposed amendments to Appendix F relating to open space (8:55 pm) See attached memo and drafts of changes to Chapter 8, Form Based Codes District, and Appendix F, Open Space. 10. Discuss approach for LDR updates (9:10 pm) With many amendments to the LDRs underway, ranging from small, technical changes to larger PUD updates, we’ll discuss the timing and grouping of elements, including a possible warning in July for a first round of amendments. 11. Meeting Minutes (9:20 pm) 12. Other business (9:21 pm) a. Burlington Comprehensive Development Ordinance Amendments, Including updates to Inclusionary Zoning. 13. Adjourn (9:30 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4107 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Amanda S. E. Lafferty, Deputy City Attorney SUBJECT: Proposed amendments regarding TDR DATE: June 11, 2019 Some version of the regulatory tool knows as the “transfer of development rights” or “TDR” has been allowed in the Southeast Quadrant (“SEQ”) District since the City established the SEQ District in 1992. The Environmental Division recently ruled that some of the provisions for TDR in the Land Development Regulations do not comply with State law and are invalid. See 24 V.S.A. § 4423(a). This decision has been appealed to the Vermont Supreme Court and is not final. However, to attempt to provide greater certainty while the Interim Bylaws-related committees complete their work, the City Council has requested that City Staff prepare amendments to the TDR provisions. The purposes of these proposed amendments to Articles 2 and 9 are solely to respond to the court decision and to correct what the court perceived to be deficiencies with the TDR provisions. The City Council does not intend to make substantive changes to the long-term plans for the SEQ District or to the manner in which the City has provided for the transfer of development rights before the Planning Commission and the City Council have received and considered any recommendations the Interim Bylaws-related committees may have. ARTICLE 2 DEFINITIONS 2 DEFINITIONS 2.01 Rules of Construction, Intent and Usage 2.02 Specific Definitions 2.03 Definitions for Flood Hazard Purposes 2.02 Specific Definitions * * * Development. (A) The carrying out of any change to improved or unimproved land, including but not limited to the construction, reconstruction, conversion, structural alteration, relocation, enlargement or use of any structure or parking area; (B) any mining, excavation, dredging, filling, grading, drilling or any land disturbance; (C) any use or extension of the use of the land, or (D) the subdividing of land into two or more parcels. Development Review Board. The Development Review Board or "DRB" of the City of South Burlington created pursuant to 24 VSA Chapter 117. Development Rights. See Transferrable Development Rights * * * TDR. Transfer of Development Rights or Transferrable Development Rights. * * * Transferrable Development Rights. The development potential of a parcel of land assigned by these regulations and measured in dwelling units per gross acre, which may be severed from a parcel, the sending parcel, and which may be transferred to and used on another parcel, the receiving parcel. To the extent that the development potential of a sending parcel is used on a receiving parcel, rights or interests in the parcel created by a legal instrument in perpetuity, conserving the sending parcel and limiting the possible uses of the sending parcel to agriculture, forestry, natural area and/or outdoor non-motorized recreation shall be granted to the City, a State agency or a Qualified Organization, as defined in 10 V.S.A. section 6301a, as amended from time to time. ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations 9 SOUTHEAST QUADRANT - SEQ 9.01 Purpose 9.02 Comprehensive Plan 9.03 Uses 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map 9.05 Residential Density 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts 9.07 Regulating Plans 9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards 9.09 SEQ-VR Sub-District; Specific Standards 9.10 SEQ-VC Sub-District; Specific Regulations 9.11 Supplemental Standards for Arterial and Collector Streets 9.12 SEQ-NRP; Supplemental Regulations 9.13 SEQ Review and Approval Process 9.01 Purpose A Southeast Quadrant (SEQ) District (SEQ) is hereby formed in order to encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation, continued agriculture, and well- planned residential use in the approximately 3,500-acre area of the City known as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that in the judgment of the Development Review Board will best create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses. 9.02 Comprehensive Plan These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control. 9.03 Uses In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map A. The SEQ District is divided into six sub-districts: (1) SEQ-NRP SEQ – Natural Resource Protection (2) SEQ-NRT SEQ – Neighborhood Residential Transition ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations (3) SEQ-NR SEQ – Neighborhood Residential (4) SEQ-NRN SEQ – Neighborhood Residential North (5) SEQ-VR SEQ – Village Residential (6) SEQ-VC SEQ – Village Commercial B. These sub-districts are shown on the map entitled Southeast Quadrant Zoning Map, incorporated into this bylaw. C. Areas designated SEQ-NR, SEQ-NRN, SEQ-NRT, SEQ-VR, and SEQ-VC shall be considered development areas. Areas designated SEQ-NRP are designated as conservation areas, and are subject to supplemental regulations in this Article. D. Interpretation of Sub-District Boundaries. In any location where uncertainty exists regarding the exact boundaries of a sub-district as shown on the Southeast Quadrant Zoning Map, the affected property owner may submit a written request that the Planning Commission define the location of the boundary with respect to the subject property. The Planning Commission shall consider such request at a meeting of the Planning Commission held within 60 days of receipt of the written request. At the meeting, the Planning Commission shall provide an opportunity for persons, including municipal staff, officials, and consultants, to present information relevant to the determination of the boundary location. The Planning Commission has the authority to invoke technical review of any such submittals or to gain additional information. Within 30 days following such meeting, or any continuation thereof, the Planning Commission shall determine the boundary location, giving consideration to the original intent or purpose in designating such sub-district, as expressed in the Southeast Quadrant chapter of the Comprehensive Plan. 9.05 Transfer of Development Rights and Residential Density The planned maximum residential build-out in the SEQ District has long been limited to approximately 4,200 dwelling units. In order to maintain this limitation on the overall development of the SEQ District and to encourage both well-planned residential development in clusters and the preservation or protection of open space, natural resources, scenic views and agricultural uses, the Transfer of Development Rights is hereby authorized within the SEQ District. A. A. Sending and Receiving Areas (1) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR and SEQ-VC sub-districts are designated as receiving areas. (2) Lands within the SEQ-NRP sub-district are designated as sending areas. (3) Lands within the SEQ-NRT sub-district area designated both as sending areas and receiving areas. B. Maximum Assigned Density: The maximum assigned density of a parcel or portion of a parcel in any For the purposes of the Transfer of Development Rights, all land in the SEQ sub-dDistrict shall beis provided an Assigned Density based on the maximum residential build-out of the SEQ District: (1) The Assigned Density within the SEQ-NRP, SEQ-NR, SEQ-NRN, SEQ-NRT and SEQ-VR sub- districts is one point two (1.2) dwelling units and/or lots per gross acre. (2) The Assigned Density within the SEQ-VC sub-district is four (4) dwelling units per gross acre. ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations (1) SEQ-VC: Lots in the SEQ-VC district that were in existence as of the effective date of this Article and that are two acres or less in size shall be allowed an assigned residential density of 4 d.u. to the acre as of right. This density may be increased to no more than 8 d.u. to the acre through the transfer of development rights. Development in SEQ-VC shall be according to Section 9.10. CB. Average Allowable Density for Development that does not Include a Transfer of Development Rights.Density: TIf a PUD does not use Transferrable Development Rights, the number of dwelling units that may be located on, or the number of single family house lots that may be created, within, a contiguous development parcel subject to a single PUD or Master Plan approval shall not exceed an average density and a maximum number of units per structure of theas followsing: (1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply. (2) In the SEQ-NR, SEQ-NRT, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling units to the acre and Ffour (4) dwelling units (du) to the acre per structure. (3) SEQ-NR: Four (4) dwelling units (du) to the acre and four (4) dwelling units per structure (4) SEQ-NRN: Four and two-thirds (4.67) dwelling units (du) to the acre and four (4) dwelling units per structure (5) SEQ-VR: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure (3) In the SEQ-VC sub-district: Eight (8)Four (4) dwelling units (du) to the acre and six (6) dwelling units per structure. D. Allowable Density Increase for Development that Includes a Transfer of Development Rights If a PUD uses Transferrable Development Rights, the number of dwelling units that may be located on, or the number of single-family house lots that may be created within, a contiguous development parcel subject to a single PUD or Master Plan approval shall be increased to a maximum average density as follows: (1) In the SEQ-NRT and SEQ-NR sub-districts: Four (4) dwelling units to the acre. (2) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre. (3) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre. Such average densities may be achieved only under as part of a PUD Planned Unit Development application. See Section 9.13, SEQ Review and Approval Process. Where a structure has been approved as part of a Master Plan prior to January 9, 2012 with a greater number of dwelling units than those permitted in these Regulations, such approved number of units in a structure shall remain in effect. E. Development Rights Necessary to Obtain Density Increase To obtain the density increase allowable in a receiving area, transferrable development rights must be acquired from 0.83 acres of land in a sending area for each additional dwelling unit approved beyond the Base Density of the parcel subject to a single PUD or Master Plan approval. ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations CF. Affordable Housing Density Increase. (1) Affordable housing bonuses pursuant to Section 18.02 are allowed in the SEQ-NR, SEQ-NRN, SEQ- NRT, SEQ-VR, and SEQ-VC sub-districts. If affordable housing, as defined in Article 2 and regulated in Article 18 of these Regulations, is proposed as part of an application for development, the Development Review Board may grant a density increase in any of the eligible SEQ sub-districts according to the requirements of Section 18.02. (2) Calculation of the allowed density increase (i.e. 25% or 50% per Section 18.02) shall be based on the maximum allowable overall density of the project as a whole, including non-contiguous sending parcels where applicable. If a development plan is approved by the Development Review Board, the applicable average density may be increased on the development parcel sufficient to accommodate the affordable housing units. (3) In the SEQ-VR and SEQ-VC sub-districts, the Development Review Board may allow residential structures containing one or more affordable dwelling units to have two additional dwelling units, up to a maximum of eight (8) dwelling units per structure. This provision shall not be interpreted to allow an increase in the total allowable number of units for the project as a whole. (4) When an affordable housing density increase is granted in accordance with this Section and Section 18.02, the designated affordable dwelling units shall not constitute units for the purposes of calculation of Transferable Development Rights. * * * 9.12 SEQ-NRP; Supplemental Regulations A. Any lot that lies entirely within a SEQ-NRP sub-district is subject to the following supplemental regulations: (1) Such lot shall be conveyed to the City of South Burlington as dedicated open space or to a qualified land trust and shall not be developed with a residence, or (2) Such lot may be developed with a residence or residences pursuant to a conservation plan approved by the Development Review Board. See 9.12(B) below. (3) Such lot may be developed with uses other than residences, as listed in Table C-1, subject to the Development Review Board’s approval of a conservation plan that balances development or land utilization and conservation. Such lot may also include the following additional development/activities: (a) Driveways, roads, underground utility services, or other appurtenant improvements to serve approved development or uses. Utility service components, such as transformers and amplifiers, may be installed at ground level where such accords with standard industry practices. (b) Landscaping, regrading, or other similar activities necessary to the creation of a buildable lot. B. A lot that was in existence on or before June 22, 1992 and which lies substantially or entirely within a SEQ-NRP sub-district may be improved with one or more single family detached dwelling units, subject to conditional use review and the following supplemental standards: ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations (1) Where the lot is less than fifteen (15) acres in size, the Development Review Board may permit no more than one (1) single family dwelling unit only if: (a) The portion of the lot in any other (non-NRP) SEQ sub-district is insufficient to accommodate the construction and use of a single family dwelling unit in compliance with these Regulations, and; (b) The location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer. (2) Where the lot is fifteen (15) acres or more in contiguous area, the Development Review Board may allow a subdivision of no more than three (3) lots and construction of one (1) single family dwelling unit on each of these lots only if: (a) The DRB shall determine whether the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations. (i)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations, no subdivisions of land or construction of new dwelling units shall be permitted in the NRP subdistrict; (ii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of two (2) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of one (1) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iv)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is insufficient to accommodate the construction and use of any single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; and, (b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and, (c) the location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer, and, (d) The location of structures and access drives are clustered such that no dwelling unit is located more than one hundred (100) feet from any other structure, and, (e) The dwelling units shall be detached single family dwellings, and, (f) Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. ARTICLE 9 SOUTHEAST QUADRANT South Burlington Land Development Regulations C. A single tax parcel existing as of the effective date of these regulations which exceeds one hundred (100) acres and is located entirely within the NRP sub-district, as shown on the South Burlington Tax Maps last revised 6/05 (June 2005), whether such lands are contiguous or not, may be subdivided at an average overall density for the entire tax parcel of one (1) single-family dwelling per ten (10) acres. Any new lots so created shall have a minimum size of 12,000 square feet per dwelling unit. Such lots shall be clustered in a manner that maximizes the resource values of the property and shall have no portion within a designated primary natural community or its related buffer. All dwelling units shall be detached single family houses. Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. 9.13 SEQ Review and Approval Process A. Single family residences and two-family residences on a single existing lot are specifically excluded from the review provisions of Section 9.13 of this article. All other development is subject to the provisions presented below. B. For all development other than that listed above in 9.13(A), the Development Review Board shall use the Planned Unit Development (PUD) review and approval process presented in Article 15, Subdivision and Planned Unit Development Review. C. Transfer of Development Rights and Non-Contiguous PUDs. (1) The Development Review Board may approve a PUD application that involves non-contiguous parcels, regardless of sub-district, if the following conditions are met: The applicant shall demonstrate that development rights have been secured and encumbered from lands lying within the SEQ-NRP or SEQ-NRT sub-districts, or adjacent lands on the same tax parcel lying within any sub-district, or from lands acquired by the City or State for the purpose of providing public parks in any sub-district, and EITHER that the sending parcel is sufficiently encumbered against further land subdivision and development through a purchase or other agreement acceptable to the City Attorney to ensure conformance with these Regulations; OR All encumbered parcels not subject to a permanent conservation easement or restriction of similar binding effect shall be reviewed as components of the PUD and shall be subject to the provisions of this article. (2) If the conditions of 9.13(C)(1) above are met, the Development Review Board may then approve the assignment (transfer) of all or a portion of the residential development density calculated for a non- contiguous encumbered parcel to another parcel to satisfy the provisions of Section 9.05 above. D. Master Plan Review. As per Section 15.07, Master Plan Review and Approval, the Development Review Board shall require a master plan for any application for 10 or more dwelling units. In such a case, the provisions of Section 15.07 shall apply in addition to the PUD provisions of Article 15, and the SEQ-specific provisions of this article. Technical Corrections 3.09 Multiple Structures and Uses … B. Multiple Uses in a Structure and Umbrella Approval. … (2) Umbrella Approval (a) The Administrative Officer or Development Review Board may approve two (2) or more separate uses in a single principal building or structure in conjunction with site plan, PUD or conditional use approval, provided all of the proposed uses are permitted or duly approved conditional uses in the underlying zoning district and all other applicable standards are met. Such standards may concern trip ends, parking spaces, gross floor area dedicated to uses where applicable, number of restaurant or retail food establishment seats, and other numerical standards related to the provisions of these regulations. This shall be known as an umbrella approval. (b) Where an applicant with umbrella approval proposes a minor change in use, the Administrative Officer may approve the change as an administrative action and grant a zoning permit. The criteria for determining if the change is minor shall include an assessment of projected p.m. peak hour trip ends, required parking spaces, and other numerical criteria specified in the umbrella approval. If the applicable numerical criteria are the same or fewer than those specified in the umbrella approval, the change may be deemed minor. … 3.10 Accessory Structures and Uses … F. Accessory Uses in the IC and IO districts. … (5) No individual accessory use may exceed 3,000 SF in gross floor area except for retail sales food establishments, which shall not exceed 5,000 SF GFA. Procedural Amendments: 14.05 Application, Review, and Approval Procedure … I. Field Changes and As-Built Plans (1) Field Changes (a) During construction, the Administrative Officer may authorize or require, at his/her own determination or upon the request of the applicant, minor adjustments which do not affect the substance of the approval. to the approved site plan when such adjustments are necessary in light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the spirit and intent of the approved site plan. All determinations of eligibility for field changes are subject to the discretion of the Administrative Officer. (b) Where unforeseen conditions are encountered which constitute require any material change to an approved site development plan or where the developer otherwise wishes to modify the approved site plan for other reasons, a an amendment to the approval site plan application shall be filed with the Development Review Board or Administrative Officer for review in accordance with procedures required for the amendment ofsuch applications. (2) As-Built Plans (a) Upon completion of any development or redevelopment pursuant to an approved final site plan involving field changes as set forth in (1) above, and prior to the issuance of a certificate of occupancy by the Administrative Officer, the applicant shall submit to the Administrative Officer as-built plans in paper and digital form, prepared and certified by a licensed engineer, architect, landscape architect or surveyor, showing the location of all site improvements as constructed. Such plan shall be based on a field survey. (b) Said as-built plan shall be reviewed by the Administrative Officer to determine if it is in compliance with the approved final site plan, including any field changes authorized under subsection 1(a) above. The Administrative Officer shall specify indicate its compliance with or variation from the approved final site planthe Land Development Regulations by signature, and shall file one (1) copy with the Department of Planning and Zoning. (c) If variations from the approved final site plan exist, an amended site plan shall be filed with the Development Review Board for review in accordance with the same procedures required for initial applications. (3) The provisions of this Section 14.05(H) shall apply to all types of approvals granted by the DRB and/or Administrative Officer, including but not limited to subdivisions, PUDs, site plans, miscellaneous approvals, and conditional use permits. 14.09 Administrative Review A. Authority. The Department of Planning and Zoning is hereby authorized to conduct administrative review and approval of site plan applications for principal permitted uses and conditional uses, as provided below. B. Determination of Eligibility, except within the City Center Form Based Code District. All determinations of eligibility for administrative review are subject to the discretion of the Director of Planning and Zoning. The Administrative Officer shall not approve administrative amendments to master plans, subdivisions, or variances. The Administrative Officer may review, approve, approve with conditions, or deny administrative amendments to site plans involving a principal permitted use, site plans involving an approved conditional use, and site plans of planned unit developments, if the proposed amendment meets one or more of the following criteria: (1) Relocation of site improvements and/or accessory structures that have been previously approved, provided that such relocations do not alter the approved coverage for the site. (2) Re-approval of plans if a permit issued by the Development Review Board has expired within the preceding six months and no changes or alterations of any kind are proposed, including those outlined in (4) below. (3) Approval of plans showing as-built adjustments beyond standard field adjustments, provided that such adjustments do not require the amendment of any condition of approval in the most recent findings of fact. (4) Minor alterations to an approved landscaping plan such as substitution of appropriate similar species or landscaping or hardscaping materials, provided that the total value of landscaping proposed in the amended plan is equal to or exceeds the amount approved by the Development Review Board. (5) An increase in building area and/or impervious coverage totaling less than five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Applicants are advised that the cumulative total increase in building area and/or site coverage cumulatively permitted through all administrative amendments on any one lot shall not exceed five thousand (5,000) square feet or three percent (3%) of the overall site coverage, whichever is smaller. Development Review Board approval shall be required for any amendment exceeding these limits. (6) All coverage and other limitations pursuant to these regulations shall apply in determining whether an administrative amendment shall be approved. (7) Applications submitted pursuant to Section 3.06(J) of these Regulations (Exceptions to Setback and Lot Coverage Requirements for Lots Existing Prior to February 28, 1974). (8) Changes in use of all or part of a building or structure with prior site plan approval to a permitted use in the applicable zoning district, provided the proposed use, whether solely or in combination with other uses subject to the same approval, will not result in any permitting requirement or threshold being exceeded or violated. C. Determination of Eligibility within City Center Form Based Code District. The Administrative Officer shall review all applications except: (1) Applications for Subdivision or modifications to subdivisions (except Minor Lot Line Adjustments); (2) Applications involving new proposed public rights-of-way, parks, or other land proposed to be deeded to the City of South Burlington; (3) Requests for development within any of the water or wetlands resources identified within Article 12 of these Regulations; (4) Applications for development within Areas of Special Flood Hazard; or (5) Where specifically stated in these Regulations D. Reporting of Decisions. All administrative approvals, except those within the City Center FBC District, shall be reported by the Administrative Officer to the Development Review Board at least annually, and all such decisions of the Administrative Officer shall state that the decision may be appealed in accordance with State law. E. Combined Administrative Review and Zoning Permit. Where a decision issued by the Administrative Officer contains no conditions requiring modifications to plans or supplemental submissions, the Administrative Officer may issue any required zoning permit concurrently with the decision. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Cathyann LaRose, City Planner SUBJECT: Open Space Options DATE: June 11, 2019 Committee meeting Chapter 8 and Appendix F of the Land Development Regulations started to transform the way the City viewed and implemented open space goals as standards were enacted for open spaces in the City Center Form Based Codes area. No longer were the standards bound to the simplicity of pervious vs impervious coverages of land. Now, the City began to address quality of open spaces and assigning the appropriate types of open spaces to various types of land development. Having been in implementation for two years, we are learning about what has been working and what could be amended with respect to open space requirements and types within the FBC district. The attached represents a redline amendment to the existing regulations. Staff met with the Natural Resources and Parks and Recreation Committees during their full meetings, and had several subsequent meetings with a small working group. The Committees both expressed support for the general goal, as well as the bulleted items above. In coordination with the working group (special thanks to Mike Simoneau, Glen Sproul, and Betty Milizia), we took a deep dive into the specific details of the Open Space Matrix, should it be applied City- Wide. Attached you will find a compilation of collective updates to Appendix F of the Land Development Regulations. This is of course part of a larger project that will, as part of step 2, incorporate PUDs and other open space requirements City-Wide. 8.08 Open Space Requirements A. Purpose. The open space standards contained herein are established to provide for the creation or improvement of open spaces in both residential and non-residential developments located in the City Center FBC District. Establishing, enhancing and preserving open space serve multiple purposes and meet the recreational needs of residents, visitors, and employees. These open spaces define the distinctive character of the community and are intended to provide a pleasant interlude in the urban environment, serve as a source of great civic pride, and render the area more attractive or attract new residents and businesses to the community. They can also be combined to serve multiple simultaneous purposes, including stormwater treatment, wildlife habitat, or provision of local foods. In addition, these spaces may provide breathing space, and visual and psychological relief, and meet other needs of community residents. Frederick Law Olmsted aptly described parks and open spaces as the “lungs” for the city. The standards set forth below establish regulations for open space in residential, non-residential, and mixed-use developments. It is the City’s intent that all Qualifying Open Spaces shall be high quality, useable and serve the purposes listed above. Qualifying open space must clearly be planned for that purpose and of sufficient size to serve a legitimate recreational or relaxation opportunity. In making the final determination of whether, and how much, proposed open space meets the City’s requirements, the Administrative Officer shall utilize these Regulations, its related Appendices, and the purpose statement of this subsection. Solely for illustrative purposes, photographs or real-world examples of the Building Type options for the City Center FBC District are available in “The Illustrative Guide to the Building Types allowed in each Transect Zone of the City Center Form Based Code District.” B. General Requirements. In addition to the standards set forth in the Building Envelope Standards, qualifying open spaces shall be required in all Transect Zones per Table 8-1: Table 8-1 Open Space Requirements Transect Zone Residential /Non- Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non- Residential All 5% of non- residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 100 % must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component Residential, 10-19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site pursuant to BES or purchase credits No public realm requirement for residential component T4 Non- Residential <20,000 SF 6% of non- residential building gross floor area May locate qualifying open space off-site or purchase credits Whether on or off site, 75% must be part of the public realm Non- Residential >20,000 SF 6% of non- residential building gross floor area Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site Whether on or off site, 75% must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 10-19 Units All 85 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying open Space must be located on site or within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component T3/T3+ Non- Residential All 6% of non- residential building gross floor area Qualifying open Space must be located on site Minimum 30% must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site No public realm requirement for residential component Residential, 10-19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site; 25% or more must be No public realm requirement for residential component commonly accessible to all tenants/residents Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located on site; 40% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component (1) Mixed uses. Where a lot contains both residential and non-residential uses, the minimum open space requirements in Table 8-1 for each type of use shall be met. The gross floor area of the non-residential uses on the lot shall be the sum of the gross floor area of each building on the lot less the sum of the area of the residential units on the lot. C. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. Staff note- this information is removed here as it has been moved into Appendix F. Table 8-2. Qualifying Open Space Transect Zone Allowable Open Space (see Appendix F for standards) T5 Pocket/Mini Park Plaza/Square Outdoor café/restaurant seating (not within the public right-of-way) Sun Terrace (as restricted in Appendix F) Courtyard Pedestrian Pass Indoor Park / Atrium T4 All Open Space listed as allowable in T5 and; Playgrounds Green (residential and campus style development only) Community gardens Rain Gardens (as restricted in Appendix F) Wooded area (as restricted in Appendix F) Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in Appendix F) T3/T3+ Pocket/Mini Park Courtyard Green- residential with more than 7 units only Private yard space (respecting common space requirement indicated in Table 8-1) Playground Community gardens Wooded area (as restricted in Appendix F) D. General Open Space Notes (1) In all Transect Zones, only Open Space areas meeting the requirements of Appendix F and this article shall count towards the minimum qualifying Open Space requirements. (2) In all Transect Zones landscaped parking lot dividers and median strips shall not be considered qualifying Open Space. A divider between a parking lot and a qualifying street type shall be considered qualifying Open Space where applicable and allowable. E. Locating Open Space Off-Site (1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (4) Pre-approval of open space. An applicant that constructs a greater area of open space than the minimum required area may apply that additional open space that exceeds the minimum towards the required open space for a future building. In doing so, the applicant shall demonstrate with each such building that the off-site open space is qualifying for the proposed building in question. F. Off-Site Open Space Credits (1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may contribute to a designated City Fund that shall be used to acquire Open Space and/or for Open Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Space for any parcel of less than two (2) acres in size. (b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required qualifying Open Space for any parcel of two (2) acres or more. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Open Space per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. APPENDIX F Open Space Requirements F-1 Plaza/Square Green Pocket/Mini Park Neighborhood Park Playground Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Wooded Area Community Shared Garden Space Applicability as Qualifying Open Space (PUD Types or Zones) All FBC Districts All districts except FBC T5 All districts All districts except FBC T5 All districts All FBC districts; buildings must contain restaurant (or similar dining) use All FBC Districts; Residential or mixed use buildings must have a minimum of 12 units. FBC T4 and FBC T5; Any non- residential or mixed use building in UDO. All districts Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. All FBC districts. Description & Service Intent Primarily hard-surface space. Intended to serve public, allowing people to congregate, sit, walk, or access adjacent businesses. Should be context-sensitive. Informal and centralized public, civic space or common/shared private space for residential use or campus-style development. Small open area. May be tucked adjacent to or between buidlings, or adjacent to roadway. on a separate lot or portion of a lot.. Intended to primarily serve public or residents within 1/4 mile radius. Park intended to serve immediate neighborhood and those within 1/4- 1/2 mile radius. Shall have several different elements of play and leisure, which may include athletic fields or courts, playgrounds, picnic areas, pump tracks, skating facilities, and similar. Programmed space and/or structure that serves the active recreational needs of children in the immediate vicinity. An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Naturally occuring area with predominance of canopy trees with enhancement and public access. Land set aside and maintained for production of food to be used primarily for participating gardeners. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus- style Development: 0.5-3 acres. 2,000-10,25,000 sq. ft.Minimum 0.5 acres Total play area shall be a minimum of 2400 square feet. Play space should include a buffer area around any play structures. Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall projected onto the floor plane. 5,000-20,000 sq. ft.2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's market For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of- way via direct walkway; Access from several locations encouraged. Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Must be open to the public. Must be pedestrian accessible (sidewalks or paths). Some provision for public vehicle parking. Should be located such that it is accessible to a majority of users. Accessible from Public Right-of- Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable. Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space availble and inviting to the general public. Physically defined by surrounding buildings on three sides (outer) or four sides (inner) Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. May not be located in any class wetland or wetland buffer. Shall have proper drainage. Seating*, Tables, Etc. Minimum one seating space for each 500 sq.ft. of plaza area. Minimum 10 seats. Seating is encouraged to be of a variety of types, high quality, and socially oriented. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds fixed play equipment, or public picnic tables. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds or public picnic tables. Shall have signage in accordance with City sign deisgn guidelines. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. Seating must be of high quality and not include low-quality plastics or resins. Fixed seating is preferred. May include bbq grills and other outdoor amenities typical to social gathering spaces. Provide one seat for every 100 sq.ft. of floor area, one table for every 400 sq.ft. of floor area. At least one half of seating to consist of movable chairs. One seating space for each 500 sq.ft. of courtyard area, with a minimum of 10 3. Light enhancement expected. Must include improvements, including cleared paths and benches. None required. Landscaping, Design- Landscape is secondary to architectural elements. Use trees to strengthen spatial definition. Shall include attractive paving material or pattern to create unique space. Encouraged use of lush, dense plant material. Shall incorporate art, sculpture and/or water feature. Provide lush landscape setting with predominantly lawn surfaces and planting such as: trees, shrubs, ground cover, flowers. Canopy trees should provide substantial shade. Turf and landscape plantings. to Should promote shade over at least 25% a portion of the area. Shall offer areas of open grassed field as well as some shaded seating areas. Integration with natural environment encouraged. Features for wildlife encouraged, including pollinators, bird feeders, and bat houses. Appropriate ground material- rubber or woodchips. Plantings for articulation of space to compliment active play ingredients encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. Shade shall be provided in consultation with the Recreation Director. For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Commerical Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permitted Permitted but not counted towards open space requirement. Permitted but not counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted.Not permitted. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid-afternoon. Sunlight to most of the occupied area from mid-morning to mid-afternoon. Shelter from wind. No requirements No requirements Sunlight to most of the occupied area from mid-morning to mid-afternoon. Mix of sun and shade. Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day.No requirements Full sunlight. Other Bicycle parking is permitted in this area and may be counted towards the open space size requirements. Shall include minimum components:3 low child-sized swings; 1 toddler sized swing; 2 slides; one or more play houses. Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. Shall include added ammenities attractive for play by toddlers and young children. Creativity in design strongly encouraged. STAFF NOTE_ still in progress Notes: Seating dimensions: *Required dimensions for one seating space or one seat are as follows: Height: 12" to 36"; ideally 17"; must allow user to bend knees and have feet below knees Depth: 14" one-sided; 30-36" double-sided Width: 30" of linear seating are counted as one seat Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. South Burlington Land Development RegulationsDRAFT APPENDIX F Open Space Requirements F-2 Applicability as Qualifying Open Space (PUD Types or Zones) Description & Service Intent Size Location & Access Seating*, Tables, Etc. Landscaping, Design- Commerical Services, Food Sunlight and Wind Other Notes: Seating dimensions: Materials Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Private Yard Space Dog Walk and Play Area All FBC districts All FBC districts FBC T4 and FBC T5 All FBC districts Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. Buildings in FBC T- 3 and T3+ where all units have direct entry at or near ground level (rowhouse/townho use). FBC T-3 and T3+ A shallow depression planted with native plants that captures rainwater runoff from impervious urban areas. Small sitting area clearly intended to provide welcoming respite between or adjacent to buildings. May serve general public, employees, residents, or customers. Narrow pedestrian right of ways that cut through blocks in residential and/or commercial areas. Liner open space area to secondary streets, as permitted per the Regulations. An existing wetland buffer or new stormwater treatment area which offers public amenities that exceed those minimimally necessary for water resource management. Private yard space associated with residential units Fenced dog play areas in private and public spaces; separate spaces for sm and lg dog Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 500-3,000 sq. ft 8' minimum width; 24' maximum width. 50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. As directed by minimum requirements. 1/4 acre minimum size. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or building entry. Designers are encouraged to consider safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. If in FBC districts, must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Directly adjacent to and accessible to at least one entry of dwelling unit it is associated with. Accessible to residents. Encouraged to be separated from ground floor residential units. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is are required and can be counted as part of the required open space. Seating shall be the main focus of the space and is required. Seating shall be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type and meet standards of high quality (examples could include adirondack style furniture). One seating space for each 150 sq.ft.Seating is encouraged, but there shall be no minimum requirement.If functional for sitting and viewing, seating can be ledges, benches,and/or stairs. No requirements. Benches required. Minimum seating for 6. Deep rooted native plants and grasses.Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it.Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 530 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. LID techniques; no fencing permitted.No requirements.Land scaping, lawns or planned seating/dining areas (patios and decks) are encouraged. Fenced. Sloped; larger areas for longer runs; effective drainage; Natural agility & play structures encouraged. Not permitted.Permitted 40% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted.Not permitted. Not permitted. Appropriate to the plant species selection. No requirements Sunlight to most of the occupied area at lunchtime. Shelter from wind. No requirements. Appropriate to the plant species selection. Exterior to building. Some natural or built shelter from sun or inclement weatherSee LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant- owned property. South Burlington Land Development RegulationsDRAFT 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Cathyann LaRose, City Planner SUBJECT: Amendments to the SB LDRs, 2019 DATE: June 11, 2019 Committee meeting So many moving pieces! Here are the current amendments in various forms of draft, and where we think they could be grouped for phases of adoption. Let’s discuss. Round 1: 1. TDR cleanup 2. FBC updates 3. Parking eliminations/reductions 4. River Corridors 5. Shorelands 6. Open Space Types- Appendix F 7. Admin updates a. As builts b. Admin site plan issuance c. Parking canopy 8. Possible Updates to Open Space requirements City-Wide* 9. Possible removal of DPW standards for design and construction* Round 2: 1. Chapter 12- Natural Resources 2. PUD regulations/Subdivision 3. Additional updates to open space requirements City-wide 4. Consolidation of zoning districts 5. LDR Cleanups related to PUD/SD 6. Rooftop solar 7. TDR, possible big changes related to Interim Zoning Committee Work 8. Inclusionary Zoning/Affordable Housing 9. FBC Regulating Plan?* 10. Parking Maximums? SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 28 MAY 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 21 May 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag, A. Klugo, ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; E. Cherington, S. Dooley, T. McKenzie, T. Barritt 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. Possible Executive Session to discuss real estate transactions: Mr. Gagnon moved that the Planning Commission enter into executive session for the purpose of considering the negotiating or securing of real estate options. Mr. Mittag seconded. Motion passed 6-0. The Commission entered executive session at 7:36 p.m. 4. Open to the public for items not related to the Agenda: No issues were raised. 5. Planning Commissioner announcements and staff report: Mr. Conner noted that in addition to the items in his written report, there will be a presentation of 30 May of “Water, Where It Comes From, Where Does It Go.” 6. Presentation on Conceptual Design Phase A to Convert an Existing Stormwater Pond to a Gravel Wetland, Kennedy Drive adjacent to Hawthorne Circle: Ms. Cherington noted that the city received a VTrans grant for design and construction of this gravel wetland which is located on the west side of Kennedy Drive. It is now a small detention pond. Ms. Cherington showed a map of the Potash Brook Watershed and indicated the location of the pond. She also noted that Potash Brook is one of the impaired waterways in the city. The existing pond treats an approximately 3.5 acre portion of Kennedy Drive south of Williston Road and along the intersection of Kennedy Drive and Kimball Avenue. The pond outlets to a Class II wetland which drains into Potash Brook. That water is currently not being treated at all. 2 The project will require a wetland permit and planting along the buffer side of the berm to act as a delineation between the system and the actual wetland. It also requires a Phase 1B archeological investigation. Tests will be done to see if there are any artifacts. Ms. Cherington then showed the design of the gravel wetland and what the final wetland will look like. Mr. Klugo asked whether there will always be standing water. Ms. Cherington said there will be standing water during a storm event and for about 24 hours thereafter. Right now there are 6 feet of standing water. Ms. Cherington noted they are now looking at 107 sites in the cleanup process of Potash Brook. The VTrans grant is for $375,000. There is a required 20% city match, which is already in the stormwater budget. Construction is scheduled for 2021 and should take one season. Mr. Klugo asked if the city has a stormwater treatment plant. Ms. Cherington said it does not and has to treat stormwater where it arises. Mr. Klugo asked how much more there is to address. Ms. Cherington said “a lot” including the other 106 sites and the Lake, other streams, and Shelburne Pond. She noted that over 60% of South Burlington is in an impaired watershed. 7. Report from Committee Liaisons: Mr. Mittag – The TDR IZ Committee has sent an email as to where they are in the process. They still have work to do and will have more when the Open Space Committee submits its report. Ms. Ostby – The Affordable Housing Committee is considering an overlay district where TDRs could be applied. This could relate to proposed zoning changes. They may ask for a spot on the 25 June Commission agenda for a discussion of inclusionary zoning. Mr. Conner asked if there could be a subject overlap. Ms. Ostby said it would be good to have all groups present because of that overlap, especially as relates to “bonuses” vs. “offset.” Ms. Dooley noted that “offset” would be compensatory while “bonuses” would be for anything beyond what is required. She felt that a full Commission should be present for that presentation. Mr. Gagnon – The Open Space IZ Committee is working on evaluation criteria. They will be taking all the available open space properties and divide them among committee members for evaluation. 8. Planned Unit Development/Subdivision/Master Plan: a. Consolidation of underlying zoning districts/clarification of existing ones: Mr. Conner said the underlying question is which types of PUDs to allow in each area.. He cited the need for interaction with the TDR Committee. He stressed that the mechanism for how density is set is not as important as what those densities are. 3 Looking at specific zoning districts, Mr. Conner noted there are may kinds of R-1 districts, and the “R” number doesn’t necessarily represent what can happen in those districts. In PUD’s, you can get up to 7 units an acre. He suggested changing the designation of those districts to PUD-7 so that people know what can actually happen there. The Traditional Neighborhood District would have a 4 per acre minimum and the Neighborhood District would have an 8 per acre minimum. The Conservation PUD could have several densities on different properties as long as a certain percentage of those properties is conserved. Mr. Conner indicated the various R-1 PUD and R-2 districts on the map. Ms. LaRose stressed that some PUD types can’t be sustained without a certain density. Mr. Riehle asked what can be built on the Hill property now. Mr. Conner said offices, light industrial, research and development, and housing at 3 acres per unit. Mr. Klugo felt there should be 2 separate zoning districts on the north and south of Swift Street Extension and that there should be a buffer between the residential and commercial uses. He said if the road went straight across, commercial uses could be to the north and residential to the south. Mr. Conner identified several areas on the map as a transition from higher to lower densities with a mix of uses. Any property of 4 acres or more would be a PUD, probably a Neighborhood Commercial PUD. If the zoning remains as it is, it would be a Campus PUD. Mr. Klugo asked what percentage of these properties are 4 acres or more. Mr. Conner said mostly the Hill Farm. He added that a property owner can “peel off” a portion of the larger parcel only once. Then the balance must remain whole. He noted that the south side of Kimball Avenue is mostly one owner. The north side a virtually built out. Ms. LaRose noted that that the current zoning of the Hill Farm does not match what is indicated on the Future Land Use Map. Mr. Klugo asked what “unintended consequences” could arise from what is proposed. Mr. Gagnon suggested you could have a PUD layout that doesn’t fit. Mr. Conner said if this were done without PUDs, it could lead to a development pattern that is not expected (e.g., a lot of piecemeal stuff). Mr. Klugo said should then adopt the zoning and PUD standards at the same time. b. River Corridors, Shorelands and Ground Water Source Protection Areas: Mr. Conner said one question is how tight to make the regulations. Ms. Louisos suggested the possibility of new buildings between existing buildings. Mr. Klugo cited the potential for additional economic loss. Ms. Louisos said that is why they should be hesitant to do it. Mr. Gagnon asked if this is something a real estate person is supposed to do “due diligence” with. 4 It was noted that the river corridor line would not necessarily be marked. It is an estimate of erosion damage. There would be a house on a high hill where stormwater wouldn’t reach, but the river corridor line could move and the house could then slide down the hill. Mr. Riehle said he was OK with no new build but allowing some building expansion for existing buildings. Members were OK with that. Regarding shorelands, Ms. LaRose noted there are State regulations which, in South Burlington, apply only along the Lake. The city could choose to just enforce the State regulations. The other option is to keep the current regulations, some of which are stricter than the State’s, which would require impacted residents to get both State and local permits. Mr. Klugo questioned why not just using the State regulations. Ms. LaRose noted that beyond 100 feet you can get an “administrative permit” from the State, which you can’t get from the city. Mr. Klugo asked why the city is more restrictive. Ms. LaRose said that is because the city regulations came first. The State doesn’t have some of the vegetation standards the city has. Members were OK with going with the State standards. Regarding Groundwater Source Protection, Ms. LaRose noted this relates to drinking water. She said that Queen City Park maintains its own water supply which is privately managed. They have to have a Groundwater Source Protection Plan. She indicated the location of the well on the map. Ms. LaRose felt that regulations relating to this issue should not be in the LDRs but should be governed by ordinance. c. Initial Review of Conservation PUD Detailed Outline: Mr. Klugo suggested postponing discussion of this since it was not included in the meeting packet. Ms. LaRose noted this is the “meat” of one of the PUDs. There are a lot of “placeholders” involved. She asked members to look at the format and suggested the possibility of including pictures. Mr. Conner added to think of it as “a sample.” 9. Provide Feedback to the City Council on Possible Initiation of Acquisition of Property Pursuant to 24 V.S.A. 4424(5) – Official Map: Mr. McKenzie gave members printed exhibits. He indicated a road on the Official City Map that connects the end of San Remo Drive to Mary Street by cutting across City Center property. He felt that to develop City Center property, that road needs to come off the map. It would impair a waterway and would require condemnation and purchase of the Poon property. Mr. McKenzie noted that one reason they were able to get a wetland permit was that they were taking and treating stormwater from the other properties that are draining untreated stormwater into their property. Without that mitigation, it would “take the heart out of City Center.” 5 Mr. McKenzie said they went to the City Council who asked for feedback from the Planning Commission. Ms. Ostby asked if removing the road prevents Mary St. from getting to Dorset Street. Mr. McKenzie noted that access does exist but is not opened because residents don’t like it. It is closed during the construction period. Mr. Riehle suggested this go to the Form Based Code Committee. Ms. Louisos said they need to see how other connections would work. Mr. McKenzie said that if the road doesn’t go away, the central block of City Center can’t be built. Ms. Louisos asked if there is another way to make a connection up. Mr. McKenzie said they went through a grueling 2-year process regarding wetland mitigation with the EPA, Army Corps of Engineers, DRB, etc., trying to get as much developable land as possible. Mr. Klugo noted there was nard development plan in place when the map was created. He felt the model being proposed is a “suburban model” which is not consistent with the development of a City Center. There is a consideration of servicing buildings (e.g., trash collection). Mr. Klugo then asked if there are other ways to address the mitigation issue. Mr. McKenzie said they were lucky to get where they are now. Mr. Mittag said this is a very small scale area. Missing that connectivity will have a very small impact on how people get around. He didn’t feel that street was needed. Ms. Louisos said a large part of Form Based Code is connectivity. She suggested the possibility of another connection that doesn’t have to meet all the regulations (e.g. width, buildings on both sides, etc.). Mr. McKenzie said just building the pedestrian bridge would cost several hundred thousand dollars. Ms. Ostby said that because of changes since the City Center plans were drawn, there won’t be the connectivity that was planned. She felt they need to make City Center work. Mr. Klugo suggested that between now and the next meeting the Commission should get as much information as possible to make a decision to bring to the City Council. Members agreed to have the Form Based Code Subcommittee review and report back to the Commission. 10. Staff Report on Workload Requirements of Potential Energy Planning – LDR Amendments: Due to the late hour, members agreed to postpone this item to a future agenda. 6 Mr. Conner agreed to poll members regarding attendance at future meeting so that critical items can be scheduled. 11. Minutes of 14 May 2019: Mr. Riehle moved to approve the Minutes of 14 May 2019 as written. Mr. Mittag seconded. Motion passed 6-0. 12. 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 10:20 p.m. ___________________________________ Clerk The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: June 3, 2019 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance:  ZA-19-10: Inclusionary Zoning The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, June 25, 2019 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to Scott Gustin at sgustin@burlingtonvt.gov by close of business on June 24, 2019. Thank you, CC: Andy Montroll, Burlington Planning Commission Chair David White, FAICP, Planning Director Scott Gustin, AICP, Principal Planner Kimberly Sturtevant, Assistant City Attorney Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-19-10 Inclusionary Zoning Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, June 25, 2019 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows:  ZA-19-10: The purpose of this amendment is to comprehensively update the City’s Inclusionary Zoning standards in a way that is consistent with the recommendations forwarded by the City Council as a result of the City’s two-year Inclusionary Zoning review. These amendments include adjustments to the offsets provided for the development of inclusionary units, promoting greater inclusion across residential areas of the city, and addressing a number of administrative elements. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington:  ZA-19-10: The proposed amendment applies to all residential and mixed-use areas of the city. List of section headings affected:  ZA-19-10: The proposed amendment adds Sec. 3.3.3 (c) Inclusionary Housing Exemption, and modifies Sec 3.3.3 (d) Affordable Housing Waivers; deletes Sec 4.4.5 (d) 7. A Inclusionary Housing Requirement; adds Sec 8.1.8 (c) and modifies Table 8.1.8-1 Minimum Off-Street Parking Requirements; and makes significant modifications throughout Article 9- Inclusionary Zoning, including within Sections: 9.1.4 Miscellaneous Definitions, 9.1.5 Applicability, 9.1.6 Exemptions, 9.1.9 Percentage of Inclusionary Units, 9.1.10 Income Eligibility, 9.1.11 Calculating Rents and Selling Prices, 9.1.12 Additional Density and Other Development Allowances, 9.1.13 Off-Site Option, 9.1.14 General Requirements for Inclusionary Units, 9.1.16 Continued Affordability Requirements, and 9.1.20 Administration. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at https://www.burlingtonvt.gov/PZ/CDO/Amendments. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: Burlington Planning Commission FROM: Scott Gustin, Principal Planner DATE: June 3, 2019 RE: CDO Amendment ZA-19-10: Inclusionary Zoning Overview & Background Significant process precedes this amendment. The 2015 Housing Action Plan identified the need to review the inclusionary zoning standards. A private consultant provided an initial report evaluating the inclusionary zoning standards in 2017, which contained some initial recommendations. An inclusionary zoning working group was then established to build on the consultant’s report with a focus on greater inclusion with consideration given to geographic distinctions within the city (i.e. more versus less inclusive areas). Finally, in 2018, the joint committee (Ordinance and CDNR) was established to specifically address each of the recommendations of the inclusionary zoning working group. The City Council adopted the final report of the joint committee in December 2018, and tasked the Planning Commission with amending the inclusionary zoning language in the CDO to incorporate the recommendations of the joint committee. Full documents associated with each of these steps can be found online at www.burlingtonvt.gov/cedo/iz The Planning Commission has completed a discussion of these recommendations, and the necessary amendments are attached. Most significantly, this amendment revises the standards for inclusionary housing in Article 9 and related provisions in other articles of the Comprehensive Development Ordinance (CDO). The amendment adjusts the sale price of inclusionary units from 75% of Area Median Income (AMI) to 70% of AMI and replaces square footage provisions for inclusionary units with a percentage (90%) relative to the average size of market rate units. The amendment also facilitates utilization of off-site and payment in lieu options for inclusionary units in more inclusive areas of the city while limiting their utilization in less inclusive areas of the city. Furthermore, the amendment specifies by-right development “bonuses” associated with inclusionary housing and eliminates impact fee and minimum off-street parking requirements. The Commission offers the following additions and exceptions to the recommendations referred by the joint committee:  Recommendations 4 and 4.1- Article 4 and 9 Bonuses by right. Included Article 4 bonuses by right. Added language to clarify that the application of Article 6 and 14 standards shall not have the effect of reducing the permitted density, intensity or height. Also recommends that the additional height permitted is increased from 10’ to 12’ to accommodate realities of design and development for a floor of housing, and that the additional height must be set back 10’ from the front of building.  Recommendation 4.2- Eliminate parking requirement for IZ units. Alternatively, the Commission recommends the overall parking requirement for projects including IZ units on-site may be reduced by the percentage of IZ units provided, and included more explicit language regarding parking as an amenity to which IZ tenants shall have equal access.  Recommendation 12- Applicability to Institutional Student Housing off-campus. The Commission recognizes the complexity, and importance, of an inclusionary provision for student housing, and feels that this issue needs to be studied in greater detail 2 before incorporating standards in this ordinance. Therefore, this recommendation has not been addressed by this proposed amendment.  Modify applicability provisions to enable Article 9 requirements and development bonuses to apply to projects of fewer than 5 units, and also when adding a new unit to any existing housing unit(s), as “opt-in” when not otherwise required.  The Commission reviewed and incorporated a number of additional administrative amendments proposed by the Housing Trust Fund manager. Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The purpose of this amendment is to make corrections to the Comprehensive Development Ordinance consistent with the list of recommendations forwarded to the Planning Commission by the City Council’s joint Ordinance & CDNR Committee.  Recommendation 1- Reduce payment for in lieu for smaller projects. See changes to Sec. 9.1.13.  Recommendation 2- Replace numerical standards for minimum IZ unit requirements with a 90% of market rate unit size standard. See changes to Sec. 9.1.14.  Recommendation 3- Enable a designee of the Housing Trust Fund manager. See changes to Sec. 9.1.20.  Recommendations 4 & 4.1- Make density and dimensional bonuses by right. See changes to Sec. 9.1.12 and 4.4.5.  Recommendations 4.2 & 4.3- Eliminate impact fee requirements for IZ units and reduce minimum off-street parking requirements. See changes to Sec. 3.3.3 & 8.1.8.  Recommendations 5 & 5.1- Allow for payment in lieu option based on HUD AMI and restructure payments based on project size. See changes to Sec. 9.1.13.  Recommendations 6 & 6.1- Allow for off-site option by right based on HUD AMI and remove 1.5-unit multiplier. See changes to Sec. 9.1.13.  Recommendation 7- Adjust sale price for owner-occupied IZ units from 75% AMI to 70% AMI. See changes to Sec. 9.1.11.  Recommendations 10 & 10.1- Maintain the current IZ target rent price of 65% AMI, and maintain the current income eligibility level of up to 100% AMI. See Sec. 9.1.11 and 9.1.10. Further, this amendment incorporates a number of changes to address procedural and administrative issues forward by City Staff regarding this section of the CDO:  Required number of units – rounding. See Sec. 9.1.9.  Distribution of units within a building/project- See Sec. 9.1.14.  Unit sales (preference)- See Sec. 9.1.14.  Unit marketing (initial or ongoing; first or every resale) and rent changes- See Sec. 9.1.16.  Rents and Section 8 vouchers- See Sec. 9.1.10 & 9.1.11.  Housing Trust Fund manager involvement in prices for resale of units- See Sec. 9.1.16. Proposed Amendments To achieve the goals identified above, the proposed amendment affects the sections of the Burlington Comprehensive Development Ordinance as outlined in the following pages. 3 [BEGIN TEXT AMENDMENTS] Draft v5.0_updated for Planning Commission public hearing on 6-25-2019 Deleted language is crossed out, and new language is underlined in red. ARTICLE 3. APPLICATIONS, PERMITS, AND PROJECT REVIEWS PART 3: IMPACT FEES Sec. 3.3.1 Purpose As written. Sec. 3.3.2 Applicability As written. Sec. 3.3.3 Exemptions and Waivers (a) Exemptions: The following types of development are exempt from this Part: 1. additions to existing dwelling units, provided such additions are for residential purposes; 2. alterations to an existing use provided that such alteration occurs entirely within an existing building and within the same square footage; 3. land development which does not result in new building square footage (e.g. parking lots, facade renovations, signs, etc.); 4. additions to existing buildings for which the sole purpose is to provide additional means of egress (e.g. stair towers, elevators, etc). (b) School Impact Fee Exemption: That portion of impact fees attributable to school impacts shall not be required for senior citizen housing projects or for that portion of a project where certain units are reserved specifically for the elderly. Any project, or portion thereof, which meets either state or federal guidelines for elderly housing, shall be deemed a senior citizen housing project and eligible for a full or partial waiver of school impact fees. (c) Inclusionary Housing Exemption: Inclusionary housing units per Article 9: Part 1 shall be exempt from this Part. (c) (d) Affordable Housing Waivers: Any residential project containing newly constructed units or substantially rehabilitated housing units that are affordable for households as described in subsections (1), (2) or (3) below are eligible qualifies for a waiver of impact fees for that portion of the project containing affordable housing units in excess of the minimum inclusionary housing requirements of Article 9. The terms, rules, and regulations used herein shall be the same as those defined and specified in this Ordinance pertaining to Inclusionary Zoning (Article 9). For purposes of determining median income, the income levels specified in Article 9 of this Ordinance, or the most recent amendment thereto, shall be applicable. 1. 25% Waiver of Fees: Twenty-five percent (25%) of the fees will be waived for any qualifying units in a project that initially sells for a price that is affordable for households below 90% of median income or that initially rents for a three-year 4 period for a price (including utilities) that is affordable for households below 75% of median income. 2. 50% Waiver of Fees: Fifty percent (50%) of the fees will be waived for that portion of a residential qualifying units in a project that meets the dual test of initial affordability and continuing affordability. For the purposes of this section, "initial affordability" would be defined as a unit that sells for a price that is affordable for households earning less than 75% of median income or that rents for a price (including utilities) that is affordable for households earning below 65% of median. "Continuing affordability" would be defined as affordability that lasts for a period of 99 years. 3. 100% Waiver of Fees: One hundred percent (100%) of the fees will be waived for that portion of a residential qualifying units in a project that initially sells or rents for a price that is affordable for households earning less than 50% of median income and that remains continually affordable as defined above. (d) (e)Community Garden Waivers: As written. ARTICLE 4. ZONING MAPS AND DISTRICTS PART 4: BASE ZONING DISTRICT REGULATIONS Sec. 4.1.1 Intent – Sec 4.4.4 Institutional District As written. Sec. 4.4.5 Residential Districts (a) – (c) As written. (d) District Specific Regulations: 1 - 6 As written. 7. Residential Development Bonuses The following exceptions to maximum allowable residential density and dimensional standards in Tables 4.4.5-2 and 4.4.5-3 may be approved in any combination subject to the maximum limits set forth in Table 4.4.5-8 at the discretion of the DRB. Any bonuses that are given pursuant to this ordinance now or in the future shall be regarded as an exception to the limits otherwise applicable. A. Inclusionary Housing Requirement. Inclusionary Housing units shall be provided, with applicable additional lot coverage and density allowances, in accordance with the provisions of Article 9, Part 1. A maximum of an additional 10-feet of building height may be permitted for an additional 5% inclusionary housing units provided in excess of the requirements of Article 9, Part 1. The total gross floor area dedicated to the additional inclusionary housing shall be equivalent to the gross floor area resulting from the additional allowance. 5 Additional lot coverage and residential densities allowances shall not exceed the following: Table 4.4.5-4: Inclusionary Housing Allowances District Maximum Coverage Maximum Density RL/RL-W 44% 8.75 du/ac RM 48% 25 du/ac RM-W 72% 25 du/ac RH 92% 46 du/ac B. – E. As written (except for re-lettered following deletion of A). ARTICLE 8. PARKING PART 1: GENERAL REQUIREMENTS Sec. 8.1.1 – 8.1.7 As written. Sec. 8.1.8 Minimum Off-Street Parking Requirements Parking for all uses and structures shall be provided in accordance with Table 8.1.8-1. (a) Where no requirement is designated and the use is not comparable to any of the listed uses, parking requirements shall be determined by the DRB upon recommendation by the administrative officer based upon the capacity of the facility and its associated uses. (b) When the calculation yields a fractional number of required spaces, the number of spaces shall be rounded to the nearest whole number. (c) The minimum off-street parking requirement for a development with inclusionary housing units provided on site shall be reduced by the percentage of inclusionary units required by Article 9. (Example: A 100-unit residential development with a requirement of 15% inclusionary units shall provide minimum off-street parking based on 85 dwelling units.) Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts RESIDENTIAL USES1 Per Dwelling Unit except as noted Multi-unit attached dwelling units, studio units or 1-bedroom dwelling unit. 2 1 1 Single Family detached and Duplex 2 2 1 1. Adjusted for development with inclusionary housing units per Sec. 8.1.8 (c). RESIDENTIAL USES – SPECIAL1 Per Dwelling Unit except as noted Assisted Living 0.5 0.5 0.4 Bed and Breakfast (per room, in addition to single-family residence) 1 0.75 0.5 Boarding House (per two (2) beds) 1 0.75 0.5 Community House 1 0.75 0.5 Convalescent Home (per four (4) beds) 1 1 1 6 Table 8.1.8-1 Minimum Off-Street Parking Requirements Neighborhood Districts Shared Use Districts Downtown Districts Dormitory (per two (2) beds) 1 1 1 Emergency Shelter 0 0 0 Group Home (per two (2) beds) 1 1 1 Historic Inn (per room, in addition to single-family residence) 1 0.75 0.5 Sorority & Fraternity (per two (2) beds) 1 1 1 NON-RESIDENTIAL USES Per 1,000 square feet of gross floor area (gfa) except as noted As written. Sec. 8.1.9 – 8.1.5 As written. ARTICLE 9. INCLUSIONARY AND REPLACEMENT HOUSING PART 1: INCLUSIONARY ZONING Sec. 9.1.1 Intent The intent of these regulations is: (a) To meet the specific mandates of 24 V.S.A. Chapter 117 related to housing opportunities for all of Vermont’s citizens, particularly for those citizens of low or moderate income; (b) To ensure the provision of housing that meets the needs of all economic groups by precluding construction of only market rate housing on the limited supply of available land within the City; (c) To improve the quality of life for all residents by having an economically integrated housing supply throughout the City; and, (d) To prevent overcrowding and deterioration of the limited supply of affordable housing, and thereby promote the public health, safety and general welfare. Sec. 9.1.2 Authority These regulations are enacted under the authority of 24 V.S.A. Chapter 117. Sec. 9.1.3 Inclusionary Units, General Description Inclusionary units shall include those units in a covered project, which are regulated in terms of: (a) Selling price or rent level; (b) Marketing and initial occupancy; and, (c) Continued requirements pertaining to re-sale, rent or carrying cost increases, as specified in this article. 7 Sec. 9.1.4 Miscellaneous Definitions “Affordable housing” or “Affordable” shall refer to a housing in which the that is owned or rented by its inhabitants whose gross annual household income does not exceed 80 percent of the county median income or 80 percent of the standard metropolitan statistical area (MSA) income, as defined by the US Department of Housing and Urban Development, and the total cost of the housing, including principal, interest taxes and insurance and condominium association fees, if owned housing, or the total cost of the housing, including rent, utilities and condominium association fees, if rental housing, is not more than thirty per cent (30%) of the household’s gross annual income. “Area Median Income” shall refer to the income for the Burlington MSA set forth in or calculated by regulations promulgated by the United States Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. The median income consists of all households in the geographic area. The median is the middle value when all are arranged from highest to lowest. The median income that is current on the first day of March of any year shall be used throughout the subsequent twelve (12) months in calculating the general requirements for affordable housing under this article. “Carrying charges” refer to costs associated with housing co-operatives. “Certificate of Inclusionary Housing Compliance” shall refer to a certificate issued by the Manager of the Housing Trust Fund, which certificate provides legal assurance that a developer's obligations under this article are being satisfied. “Housing Trust Fund (HTF)” shall refer to a special revenue account established by the Burlington City Council for purposes related to the creation, promotion, and preservation of long-term affordable housing for very low, low, or moderate income households.  “Housing Trust Fund Administrative Committee” shall refer to an administrative committee consisting of the Manager of the Housing Trust Fund, an appointee of the City Council President and a designee of the Mayor responsible for the administration of the HTF by resolution of the City Council.  “Manager of the Housing Trust Fund” or “Manager” shall be the Director of the City’s Community and Economic Development Office, unless otherwise designated by the City Council by resolution. “Median Income” shall refer to the income for the Burlington MSA set forth in or calculated by regulations promulgated by the United States Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974. The median income consists of all households in the geographic area. The median is the middle value when all are arranged from highest to lowest. The median income that is current on the first day of March of any year shall be used throughout the subsequent twelve (12) months in calculating the general requirements for affordable housing under this article. Sec. 9.1.5 Applicability This ordinance provision shall apply to any development of five or more residential units in a single structure shall be subject to the standards of this article. Multiple developments or projects by the same applicant or responsible party within any consecutive twelve (12) month period that in the aggregate equal or exceed the above criteria shall be subject to these regula-tions. Except as otherwise provided in this ordinance, these regulations shall apply in the instances specified below. 8 (a) The creation of five (5) or more residential units through new construction and/or substantial rehabilitation of existing structures, including the development of housing units utilizing development provisions other than those specified in Sec 9.1.5 (b). (b) Where units are created using the Adaptive Reuse or Residential Conversion criteria pursuant to the provisions of Art 4, Sec 4.4.5, this article shall be applicable when at least ten (10) or more dwelling units are created. (c) An applicant may elect to be subject to the provisions of this article when developing fewer than 5 residential units in a single structure, or whenAn applicant may elect to be subject to the provisions of this article if any new units are added to existing units for a total of 5 or more units. Sec. 9.1.6 Exemptions Exempt from the requirements of this article are: (a) On campus pProjects that are located within an Institutional (I) zoning district that are developed by an educational institution for the exclusive residential use and occupancy by that institution’s students; (b) Those dwelling units in a covered project that are produced as “replacement units,” pursuant to Article 9, Part 2 and which do not produce any net new units; and, (c) Projects created using the Senior Housing Development Bonus pursuant to the provisions of Article 4. Sec. 9.1.7 Certificate of Inclusionary Housing Compliance Notwithstanding any other provision of this ordinance, no certificate of occupancy for a project covered by this chapter shall be granted unless and until a Certificate of Inclusionary Housing Compliance has been issued by the Manager of the city’s Housing Trust Fund. Sec. 9.1.8 Inclusionary Units, Rental and Sales For covered projects in which units are offered for rent or sale, a base of fifteen percent (15%) of all of the dwelling units in the project, graduated as specified in Table 9.1.9-1, shall be designated as inclusionary units This includes any covered project where units are offered for sale via the conveyance of a deed or share for individual units, including fee simple ownership, condominium ownership and cooperative ownership. Table 9.1.8-1 Inclusionary Zoning Percentages If the average sale and rental price of project units is affordable to a household earning: The percentage of units which are subject to rent and sales prices as per Sec. 9.1.9 and are subject to marketing and continued affordability provisions (Sec. 9.1.10 and Sec. 9.1.11) shall be: Less than 139% of median income 15% 140%-179% of median income 20% 9 Sec. 9.1.9 Percentage of Inclusionary Units All covered projects shall meet the percentage requirements for inclusionary units as specified above, calculated as follows: Using the units/acre allowed for a covered project (i.e. 46 in the RH, 24 in the RM or 5.5 in the RL), the total number of units proposed is multiplied by the required percentage of Inclusionary units (15%, 20% or 25%, depending on the rent/selling price of the units). When the calculation yields a fractional number of required inclusionary units, the number of units shall be rounded up to the nearest whole number if the fractional number is .50 or greater, and down to the nearest whole number if the fractional number is .49 or less. (Example: a moderately-priced, multi-family housing development with no commercial space on a one-acre lot in the RH would be able to provide 46 units on-site. Of those, 46 x .15 (15%) = 6.9 (rounded up to 7) units of a total of 46 must be inclusionary units. If the applicant can only provide 20 of such moderately priced units on the site, 15% of the 20 units, i.e. 20 units x .15 = 3 units shall be Inclusionary units). Sec. 9.1.10 Income Eligibility Inclusionary Units required under this Article, shall be marketed for purchase or rent to households earning less than the median income for the Burlington Metropolitan Statistical Area, adjusted for household size, as specified in Sec 9.1.12 11. The median income shall be determined on the basis of the data which is most recent to the time that the units are ready for occupancy. Inclusionary units occupied by households receiving Section 8 vouchers can be presumed to satisfy the income eligibility requirements of this section. Sec. 9.1.11 Calculating Rents and Selling Prices The following provision shall apply to the calculation of rents, selling prices and carrying charges, and to the relationship between unit size and household size: (a) Inclusionary rental units shall be rented at a price which is affordable for a household with an annual income that is sixty-five percent (65%) of median income adjusted for household size; (b) Inclusionary units for sale, including cooperative units and the carrying costs associated therewith, shall be sold at a price which is affordable for a household with an annual income that is seventy-five percent (705%) of median income adjusted for household size; (c) In calculating the rents or carrying charges of inclusionary units, the following relationship between unit size and household size shall apply: Unit Size Household Size Equivalent Efficiency Units: 1 Person Household; One-Bedroom Units: 1.5 Person Household (average of one and two-person household incomes); Two-Bedroom Units: 3 Person Household; Three-Bedroom Units: 4.5 Person Household (average of four and five-person household incomes); Four-Bedroom Units: 6 Person Household. Development in any Waterfront district (RM-W, RL-W, NAC-CR and FD5 west of Battery St) or 180% of median income and above in any other district 25% 10 With respect to inclusionary units offered for sale, prices will be calculated on the basis of: (d) An available fixed-rate thirty-year mortgage, consistent with a “blended rate” for Burlington banks plus the Vermont Housing Finance Agency as determined and declared semi- annually (January and July) by the Housing Trust Fund Manager. A lower rate may be used in calculating affordable prices if the developer can guarantee the availability of a fixed-rate thirty-year mortgage at this lower rate from the Vermont Housing Finance Agency for all of the required inclusionary units; (e) A down payment of no more than five percent (5%) of the purchase price; (f) Annual property taxes; and (g) Homeowner insurance, homeowner association fees or condo fees. Homeowner association fees shall be calculated in the same manner as the fees for the market units in the same development. The Housing Trust Fund Manager may modify the amount used in the calculation of condominium fees for the determination of the initial sale price limit for condominium inclusionary units. This modification shall be for the purposes of removing costs, such as plowing, maintenance, insurance, electricity, which are not included in the calculation of the sale price limit for single family inclusionary units. Sec. 9.1.12 Additional Density and Other Development Allowances All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in accordance with the provisions of this section. (a) Any covered project shall be entitled by right to an increase in the maximum lot coverage, density/intensity, and, where applicable, height allowed for the site lot(s) on which the project is located. Applicable design standards in Articles 6 and 14 shall not be construed such that the by-right provisions of this section are reduced following the calculation of density, height, lot coverage, setbacks, and parking improvements for the site. Calculations for these entitlements shall be based on the following tables: Table 9.1.12-1 Density/Intensity Allowance Table Zoning District Additional Allowance Maximum Units/Acre FAR/Height Maximum Lot Coverage RH 15% 46 n/a120’ height set back 10’ along street facade 1 92% RM, RM-W 20% 25 n/a 48% RM-W 25 120’ height set back 10’ along street facade 1 72% RL, RL-W 25% 8.75 n/a 44% FD6, FD5 n/a n/a 0.5 FAR 100% NMU, NAC, NAC-R, NAC-CR, BST n/a n/a 0.5FAR+120’ height set back 10’ along street facade 92% NAC-CR n/a 0.5FAR+120’ height set back 10’ along street facade 72% 11 1. In the RH and RM-W residential zones an additional 12 feet of building height shall be allowed by right only for an additional 5% inclusionary housing units provided in excess of the minimum requirements of Sec. 9.1.8. Table 9.1.12-2 Lot Coverage Allowance Table Zoning District Additional Allowance Maximum Lot Coverage RH, NMU, NAC, NAC-R 15% 92% RM-W, NAC-CR 20% 72% RM 20% 48% RL, RL-W 25% 44% (b) Other possible allowances for the provision of Inclusionary Units may include: 1. A waiver of up to 50% waiver of parking spaces as outlined in Article 8, Sec. 8.1.14, 2. A waiver of a portion of the impact fees associated with the Inclusionary units, pursuant to the Art. 3, Part 3 Impact Fee Administrative Regulations. (c) (b)The allowances provided for herein may be declined at the option of the applicant; (d) (c)With the approval of the DRB, units added to a project as market rate units may be substituted by nonresidential uses wherever such nonresidential uses are otherwise permitted in the district where the project is located. Approved substitution for nonresidential uses shall occur at the following rate: 1 market-rate dwelling unit = 1,500 square feet nonresidential space (e) (d)All provisions of Sec. 9.1.8 through 9.1.11 shall apply, without exception, to any inclusionary units that are constructed. Sec. 9.1.13 Off-Site and Payment In Lieu Options (a) Off-Site Option The developer of a covered project may construct inclusionary units on a lot (or lots) within the City of Burlington other than that on which the covered project is located as determined by HUD’s Low- and Moderate-Income Summary Data as updated annually. The offsite option may be utilized by-right per the following scenario. (1) Covered projects located in a census block where more than fifty-one percent (51%) of the residents are below eighty percent (80%) HUD Area Median Income as determined by HUD’s Low- and Moderate-Income Summary Data may utilize the off- site option by right. (2) In areas where less than fifty-one percent (51%) of the residents are below eighty percent (80%) HUD Area Median Income as determined by HUD’s Low- and Moderate-Income Summary Data, utilization of the off-site option shall not be allowed. The DRB, upon a finding that unique, difficult and/or challenging site conditions exist that prevent the inclusionary units from being constructed upon the same site as the market units, may allow any developer of a covered project to comply constructing inclusionary units on a site within the City of Burlington other than that on which the covered project is located, subject to the following conditions: In all cases, utilization of the off-site option shall be subject to the following conditions: 12 (a) (1) The number of inclusionary units to be provided by the developer or by the developer’s designee through off-site development shall be no fewer than 1.5 times equivalent to the number otherwise required by this Article; (b) (2) No additional development provisions as outlined in this Article Sec. 9.1.12 shall be granted to the development of units constructed off-site or to the project constructed on-site; (c) (3) Off-site inclusionary units must be located within the City of Burlington; (d) (4) All of the provisions of Sections 9.1.8 through 9.1.11 shall apply without exception to off-site inclusionary units under the provisions of this section; (e) (5) Waiver of provisions from the HTF with regard to minimum square footage and bedroom count relative to average size and bedroom count in a covered project is not permitted; and (f) Should the City Council decide that a payment in lieu is acceptable in exchange for not providing the inclusionary units on or off of the site, the payment shall be $100,000, adjusted annually in accordance with the CPI, commencing January 1, 2007, per the number of units required in (a) above. The off-site option shall not apply to a project located within a waterfront zoning district or the NAC-CR district. For the purposes of this Sec. 9.1.13, “site” shall consist of all adjacent lands lots which are the subject of a PUD or other single development application. (b) Payment In-Lieu Option The developer of a covered project may provide a payment in lieu to the Housing Trust Fund rather than construct inclusionary units on or offsite contingent on HUD Area Median Income as determined by HUD’s Low- and Moderate-Income Summary Data. The payment in lieu option may be utilized by right under the two following scenarios (1) Covered projects located in a census block where more than fifty-one percent (51%) of the residents are below eighty percent (80%) HUD Area Median Income as determined by HUD’s Low- and Moderate-Income Summary Data may utilize the payment in lieu option subject to the following standards: i. The payment in lieu fee shall be $35,000 per dwelling unit for projects containing 5-16 dwelling units. ii. The payment in lieu fee shall be $70,000 per dwelling unit for projects containing 17-49 dwelling units. iii. The payment in lieu fee shall be $85,000 per dwelling unit for projects containing 50 or more dwelling units. A marginal fee approach shall be used in payment of the in lieu fees. (Example: A 17-unit project would pay a total of $140,000 {$35,000 for each of the first two inclusionary units and $70,000 for the third inclusionary unit}.) (2) Covered projects located in a census block where less than fifty-one percent (51%) of the residents are below eighty percent (80%) HUD Area Median Income as determined by HUD’s Low- and Moderate-Income Summary Data may utilize the payment in lieu option per the following standards: i. The payment in lieu fee shall be $35,000 per dwelling unit for projects containing 5-16 dwelling units. ii. The payment in lieu fee shall not be allowed for projects containing 17 or more dwelling units. 13 The payment in lieu option shall not apply to a project located within a waterfront zoning district. For the purposes of this Sec. 9.1.13, “site” shall consist of all adjacent lots which are the subject of a PUD or other single development application. Sec. 9.1.14 General Requirements for Inclusionary Units All covered projects must comply with the requirements set forth below. (a) In order to assure an adequate distribution of inclusionary units by household size, the bedroom mix of inclusionary units in any project shall be in the same ratio as the bedroom mix of the non-inclusionary units of the project; (b) Rental inclusionary units within a covered project may “float” (as opposed to designating specific units). Owner-occupied inclusionary units within a covered project must be specifically designated. In either case, inclusionary units may be grouped together or distributed throughout a covered project; (c) Covered projects including both rental and owner-occupied dwelling units shall provide inclusionary units proportionate to the numbers of rental and owner-occupied dwelling units; (d) Inclusionary units may differ from the market units in a covered project with regard to interior amenities and gross floor area, provided that: 1. These differences, excluding differences related to size differentials, are not apparent in the general exterior appearance of the project’s units; and 2. These differences do not include insulation, windows, heating systems, and other improvements related to the energy efficiency of the project’s units; and, 3. Inclusionary units are afforded the same opportunity for parking that the market units are afforded. (e) The gross floor area of the inclusionary units is not less than ninety percent (90%) of the average gross floor area of the market rate units within the project and of the same number of bedrooms. the following minimum requirements, unless waived by the DRB using the following criteria: 1. All of the units being provided with a specific bedroom count are smaller than the standards outlined below; 2. More than the required number of inclusionary units are provided on site, not all shall be subject to bedroom mix and size requirement; or, 3. The units have an efficient floor plan (meaning that less than 5% of the square footage is devoted to circulation) and the bedroom size(s) is a minimum of 144sf or 12’x12. One bedroom............................................... 750 square feet Two bedroom ............................................... 1,000 square feet Three bedroom ............................................ 1,100 square feet Four bedroom .............................................. 1,250 square feet (f) Upon demonstration of inability to sell units to income eligible residents earning 7570% of the median income, the Manager of the HTF may extend income eligibility to allow priority in the sale of inclusionary units to households earning as much as eighty percent (80%) of median income, adjusted for household size and to households residing in Burlington at the time that these units are offered for sale or lease In extending income eligibility, Ppriority of the purchase of for-sale inclusionary units shall be given to the lowest income household who qualifies for purchase, all else being equal; 14 (g) Except for household income limitations as set forth herein, occupancy of any inclusionary unit shall not be limited by any conditions that are not otherwise applicable to all units within the covered project unless required under federal law, e.g. local use of the Low Income Housing Tax Credit, or in conflict with the stricter bylaws of the designated housing agency; and (h) The final calculations for the number of inclusionary units shall be determined by the Manager prior to the issuance of the zoning permit. If there is any change in the project due to sales prices for these units that increases the number of inclusionary units required, such modifications shall be determined by the Manager and communicated to the administrative officer prior to the issuance of a certificate of occupancy for the covered project. The rental or sales price of the inclusionary units shall also be determined by the Manager prior to the issuance of a certificate of occupancy. Sec. 9.1.15 Marketing of Inclusionary Units Any applicant developing a covered project shall adhere to the following provisions with respect to the initial offering of inclusionary units for sale or rental: (a) Trust Fund Notification. The developer shall notify the Manager of the HTF, as defined in Section 18-400 of the Burlington Code of Ordinances, of the prospective availability of any inclusionary units at the time that the building permit is issued for such units in a covered project; (b) Trust Fund Option. The Manager of the HTF, in consultation with the other members of the HTF Administrative Committee, shall then have an exclusive option for one hundred twenty (120) days to purchase each inclusionary unit offered for sale from the developer unless waived or as-signed; (c) Trust Fund Waiver. If the Manager of the HTF, in consultation with the other members of the HTF Administrative Committee or its designee, fails to exercise its option by failing to negotiate and sign a purchase and sale agreement for the inclusionary units, or if the Manager declares its intent not to exercise its option, the developer shall offer the units for purchase to households earning less than the median income referenced in Section 9.1.11. If requested by the developer, the Manager of the HTF shall execute documents that may be recorded in the Burlington Land Records to evidence said waiver of the option; (d) Time of Closing. Closing on inclusionary units purchased by the Housing Trust Fund Manager shall occur on or after the time of issuance of the certificate of occupancy. If the Housing Trust Fund Manager fails to close on these inclusionary units, the developer shall offer the unit for purchase or rent to households earning less than the median income referenced in Section 9.1.11, adjusted for household size; (e) Transfer of Option. On or before a purchase and sale agreement is executed between the developer and the manager, the Manager may assign the options specified in this section to any “designated housing agency,” as defined by the provisions of Article 5 of Chapter 18 of the Burlington Code of Ordinances, in which event it shall notify the developer of such assignment and the agency to which it has assigned the option, which agency shall deal directly with the developer, and shall have all of the authority of the Manager, as provided under this section. 15 (f) Rentals. In the case that the inclusionary units are being offered for rent rather than for sale, the Manager shall also be notified in the manner prescribed by subsection (a) regarding Trust Fund Notification, and the Manager and developer shall cooperate in order to rent such units to individuals meeting the income guidelines of Sec 9.1. 11(a). Sec. 9.1.16 Continued Affordability Requirements All covered projects shall comply with the following provisions to ensure continued affordability of inclusionary units provided under this article and units required to be continually affordable under Section 9.1.16. (a) 99-Year Requirement. All inclusionary units shall remain affordable for a period of no less than ninety-nine (99) years commencing from the date of initial occupancy of the units. Where a developer can establish that regulatory or other considerations make it impossible to provide the required inclusionary units if subject to the full extent of this requirement, the development review board may modify the duration of the period of continued affordability only to the extent necessary to render the development feasible; (b) Deed Restrictions. Provisions to ensure continued affordability of inclusionary units shall be embodied in legally binding agreements and/or deed restrictions satisfactory to the City Attorney’s office, which shall be prepared by the developer, but which shall not be recorded or filed until reviewed and approved by the Housing Trust Fund Manager with such modifications as it may deem necessary to carry out the purpose of this article. Such review and approval shall be completed within forty-five (45) days following date of submission of such documents to the Manager of the HTF. Failure of the Manager to respond within the forty-five (45) day period as set forth herein shall constitute approval of the documents; (c) Resale Restrictions. Provisions to ensure continued affordability of inclusionary units offered for sale shall include a formula for limiting equity appreciation to an amount not to exceed twenty-five percent (25%) of the increase in the inclusionary unit’s value, as determined by the difference between fair market appraisal at the time of purchase of the property and a fair market appraisal at the time of resale, with such adjustments for improvements made by the seller and necessary costs of sale as may be approved by the Manager, with a recommendation from the Administrative Committee of the HTF; (d) Rent Increases Changes Provisions for continued affordability of inclusionary rental units shall limit annual rent increases changes to the percentage increase change in the median household income within the Burlington Metropolitan Statistical Area (MSA) which shall become effective when approved by the HTF Manager. except to the extent that Ffurther increases changes are made necessary by hardship or other unusual conditions, and shall provide that no rent increase may take effect until it has received shall require the approval of the Housing Trust Fund Administrative Committee in writing; (e) Purchase Option Provisions for continued affordability of inclusionary units shall provide that the Housing Trust Fund Administrative Committee or its designee shall have an exclusive option to purchase any owner-occupied inclusionary unit when it is first offered for resale for a period of one hundred twenty (120) days from the date on which the HTF Administrative Committee is notified of the availability of the unit; and 16 (f) Sublet Restrictions. Provisions for continued affordability of inclusionary units shall prohibit subletting rental units for a price exceeding that which is affordable for a household with an annual income that is seventy-five percent (705%) of median for the County or the City, whichever is less, consistent with the relationship between unit size and household size set forth in Section 9.1.11. Sec. 9.1.17 Review of Proposal for Phasing Proposals for projects to be constructed in phases shall be reviewed as a component of the initial project review and shall be included in any conditions of approval. A schedule setting forth the phasing of the total number of units in a covered project, along with a schedule setting forth the phasing of the required inclusionary unit(s), shall be presented for review and approval as part of the permitting process, for any development subject to the provisions of this article. If phasing is not included as part of the review process, no phasing of the inclusionary units shall be allowed. If a covered project is approved to be constructed in phases, the requirements of the following section shall be applicable to each such phase. Sec. 9.1.18 Timeline for Availability/Phasing of Inclusionary Units for Issuance of Certificate of Occupancy Inclusionary units shall be made available for occupancy on approximately the same schedule as a covered project’s market units, except that certificates of occupancy for the last ten percent (10%) of the market units shall be withheld until certificates of occupancy have been issued for all of the inclusionary units; except that with respect to covered projects to be constructed in phases, certificates of occupancy may be issued on a phased basis consistent with the conditions of approval set forth in Sec. 9.1.17. Sec. 9.1.19 Enforcement Violations of this article shall be punishable as provided by Article 2 of this Ordinance. Sec. 9.1.20 Administration The Housing Trust Fund and its Manager or designee shall monitor activity under this article and shall provide a report no less than every year to the city council, setting forth its findings, conclusions, and recommendations for changes that will render the program more effective. The report described above shall be presented to the city council at a legally warned public hearing. [END TEXT AMENDMENTS] 17 Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Compatibility with Proposed Future Land Use & Density This amendment is aimed purely at housing affordability and has little, if any, impact on the proposed future land use and densities proposed in the Municipal Development Plan (planBTV). Impact on Safe & Affordable Housing This amendment is aimed at improving the city’s inclusionary housing standards and procedures with greater flexibility and geographic sensitivity in meeting inclusionary housing requirements consistent with the policies regarding affordable housing articulated in the Municipal Development Plan (planBTV). Planned Community Facilities This amendment is not expected to have an impact on any planned community facilities. Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment prepared by: Staff, based on recommendations referred by City Council Presentation to & discussion by Commission 3/26, 4/9, 4/23, 5/14, 5/28 Approve for Public Hearing 5/28/2019 Public Hearing 6/25/2019 Approve & forward to Council Continue discussion City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion Ordinance Cmte recommends to Council [as is / with changes] Second Read & Public Hearing Approval & Adoption Rejected