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HomeMy WebLinkAboutAgenda - Planning Commission - 07/09/2019South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, July 9, 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. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:06 pm) 5. Discuss City Center portion of Official Map (7:11 pm): a. Provide feedback to City Council on possible initiation of acquisition of property pursuant to 24 V.S.A. 4421(5) – Official Map b. Discuss possible amendments to City Center Official Map 6. Consider warning public hearing on possible Land Development Regulation amendments and consider approval of draft Report: (7:55 pm) · LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family housing and accessory dwelling units, for which parking requirements are to be reduced · LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes · LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District · LDR‐19‐04 Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre‐existing structures within 100’ of Potash Brook within Queen City Park Zoning District · LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections · LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District · LDR-19-07: Modify landscaping requirements for parking areas with solar canopies citywide 7. Planned Unit Development / Master Plan / Subdivision standards: (8:25 pm) a. Review detailed outline of conservation PUD type b. Review table of proposed PUD applicably by zoning district 8. Report from Committee / Working Group Liaisons: (8:45 pm) a. Open Space IZ Committee, Bernie Gagnon b. FBC Committee, Art Klugo c. Natural resources working group, Jessica Louisos 9. Meeting Minutes (9:05 pm) 10. Other business (9:06 pm) 11. Adjourn (9:06 pm) Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: July 9, 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. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:06 pm) Staff Report: Airport Noise Compatibility Plan Input: The City Council provided a letter to the Airport & FAA outlining City priorities on the Airport Noise Compatibility Plan. The letter prioritizes programs that reinvest in the existing housing stock in 65+ dnl noise contours over other programs. The Airport is anticipated to complete its draft plan over the summer. Gotcha E-Bikeshare Agreement signed: The South Burlington City Council joined the City Councils of Burlington & Winooski in signing an agreement with Gotcha bikes for expansion of the bicycle share program this summer. The 125 existing bicycles will be replaced with 200 electric-assist bicycles later this summer, and the number of stations will increase significantly in all three communities. P & Z File Digitization Update: For the better part of the past year we’ve been scanning & digitizing DRB files here in P & Z. We’re down to the final filing cabinet on these DRB files – all of the project files, staff notes, applicant materials, & decisions for site plans, subdivisions, PUDs, and more. We’ve also scanned in permanent sign permits dating back 10 years, escrows & bonds for infrastructure and landscaping, and have begun work on zoning permits (beginning with the most recent). These files are now all accessible through a kiosk in our office for quick, word-searchable research, and we are working towards broader public access. There are several steps remaining but the system is up and running and being used daily by title attorneys, residents, and staff. These files are all being hosted through the online platform Laserfiche. Committee Agendas & Minutes moving. Speaking of Laserfiche, this same document repository will, later this summer, become the home for all committee, Commission, Council, and Board agendas, packets & minutes. This will take the place of our current vendor, clerkbase, allowing us to consolidate multiple services into a single user-friendly platform. All of the materials presently on clerkbase will be moved over to retain public access to these files. Joint meeting of IZ Committees, Council, & Commission: A reminder that there will be a special meeting on Thursday, August 1st for the Commission, Council, and IZ Committees wherein everyone will share status updates, present research and recommendations to date, and identify any areas of additional work needed, give the Commission & Council an opportunity to provide initial feedback, and identify any areas that need to be resolved between recommendations of different Committees. Development Review Board applications: The DRB recently completed review of a couple of noteworthy applications. Last month, the Board completed its review of a proposed 102- room hotel adjacent to the south end of the Airport parking garage; a decision is expected to be rendered shortly. In addition, the Board completed its review and issued Master Plan and Preliminary Plat approvals for the “Dorset Meadows” application, a neighborhood near the corner of Dorset Street and Nowland Farm Road. Off-site parking: Staff and the DRB have witnessed a trend this spring of research & discussion and applications for off-site storage for-sale vehicles or for satellite parking for larger employers. We anticipate seeing more in the coming months. 5. Discuss City Center portion of Official Map (7:11 pm): a. Provide feedback to City Council on possible initiation of acquisition of property pursuant to 24 V.S.A. 4421(5) – Official Map This is a continued discussion of the Planning Commission’s feedback to the City Council on whether to initiate acquisition of two roadway segments depicted on the Official Map. These two planned roadway segments extend from San Reno Drive to the planned Garden Street (parallel to Dorset Street) and from this first segment north to the Blue Mall property (before extending north-west off property to Market Street). The City Council has requested the Commission’s feedback prior to taking action. The PC memo & attachments from the Commission’s May 218th meeting are enclosed. b. Discuss possible amendments to City Center portion of the Official Map The Commission may elect to discuss possible amendments to City Center portion of the Official Map and planned infrastructure. 6. Consider warning public hearing on possible Land Development Regulation amendments and approval of draft accompanying Report: (7:55 pm) . LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family housing and accessory dwelling units a. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes b. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District c. LDR-19-04 Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District d. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections e. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District f. LDR-19-07: Modify landscaping requirements for parking areas with solar canopies citywide The Commission has reviewed all of the above proposed amendments except #LDR-19-07, which was discussed at the last meeting but did not have associated text. See attached memo on all amendments. If the Commission is prepared to move forward with any or all of the amendments, it may consider two actions: 1. Pass a motion to warn a public hearing on the proposed amendments (Staff’s recommended date is Tuesday, August 13th at 7:15 pm) 2. Consider and pass a motion to approve the draft Planning Commission Report accompanying the selected amendments. 7. Planned Unit Development / Master Plan / Subdivision standards: (8:25 pm) a. Review detailed outline of conservation PUD type b. Review table of proposed PUD applicably by zoning district See attached memo 8. Report from Committee / Working Group Liaisons: (8:45 pm) a. Open Space IZ Committee, Bernie Gagnon b. FBC Committee, Art Klugo c. Natural resources working group, Jessica Louisos 9. Meeting Minutes (9:05 pm) Draft minutes from June 11th are enclosed in your packet. 10. Other business (9:06 pm) 11. Adjourn (9:06 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Provide feedback to City Council on possible initiation of acquisition of property pursuant to 24 V.S.A. 4421(5) – Official Map DATE: May 28, 2019 Planning Commission meeting At your last meeting, there had been a request from Tim McKenzie of South Burlington City Center LLC for a proposed amendment to the City’s Official Map in the City Center Area. The request was to remove two segments of roadway currently indicated on the City Center portion of the Official Map, between San Remo Drive and Market Street. In the place where these road segments were to take place, the property owner has received an Army Corp and State Wetlands Permit that allows for a combination of stormwater improvements and wetland conservation. Following that meeting, the property owner elected to follow the procedures laid out in 24 VSA 4421 for accommodation of planned pubic facilities depicted on an Official Map. That procedure, in brief, requires an applicant for development to accommodate the planned facilities in their plans. If an applicant elects not to accommodate those planned facilities, the reviewing entity is required to deny the application, triggering a 120- day period during which the City Council may initiate proceedings to acquire the land or an interest in the land for the planned public facility depicted on the Official Map. If the Council elects not to initial proceedings to acquire the land, then the application goes back to the reviewing entity for consideration without regard to that component of the Official Map. On May 20, the Administrative Officer denied Miscellaneous application #MS-19-02 for a stormwater facility and gravel wetland pursuant to 24 VSA 4421. The City Council, that same day, began consideration of whether to initiate proceedings to acquire the land for the planned streets described above. The Council, as their first action, is seeking Planning Commission feedback on the request. Enclosed with this staff memo are three maps: • Existing Official Map for City Center (adopted 2016) • Concept Plan prepared by property owner for the Army Corps and VT Wetlands division, showing approved impacts, protected wetland areas, and allowed crossings and overall impacted areas for development, and submitted for the application #MS-19-02. 2 • Wetland Impacts prepared by property owner for the Army Corps and VT Wetlands division, showing approved impacts, protected wetland areas, and allowed crossings. • Conceptual roadways for northern portion of City Center (2018 draft). This conceptual roadway system was prepared as part of the Williston Road Network Study and presented to the Planning Commission in 2018. Detailed review of this concept map and possible resulting amendments to the Official Map are on the Planning Commission’s work plan. Staff is NOT recommending that possible changes presented in this concept map be included at this time. Staff recommendations Commissioners are invited and requested to discuss the subject and consider what recommendations it would like to make to the Council. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: Proposed Land Development Regulation Amendments DATE: July 9, 2019 Planning Commission meeting Enclosed with your packet please find a series of proposed amendments to the Land Development Regulations. For ease of reading, we have broken out each amendment into its own self-contained document, paginated, and with an amendment number (LDR-19-**) with each. That will, we hope, make it both easier for the Commission to refer to individual sections and also for the public to track each amendment. Also enclosed is a draft Planning Commission Report. The report contains an assessment of each amendment, referring to the required elements of the Report under state law in each case. There’s also a brief summary of each amendment there. The Report, importantly, addresses how each amendment is consistent with the Comprehensive Plan. Staff is recommending that the Commission warn the public hearing for August 13th at 7:15 pm. As with each set of amendments, we will be having a legal review of each amendment prior to that time. In some cases, that legal review is complete; in other cases it is ongoing. A few brief notes for the Commission on each amendment: • LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family housing and accessory dwelling units, for which parking requirements are to be reduced Draft is unchanged from what the Commission reviewed and ok’d in February. Legal review forthcoming. • LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes Draft has been updated by the City Attorney and P & Z based on the Commission’s feedback at the June 11th meeting. Some minor changes were made to assure that the policy from the current regulations is essentially unchanged, and that each of the elements of the State enabling laws are specifically addressed. • LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District 2 Draft has been updated to meet the Commission’s guidance in May and also for technical elements following review by the VT Agency of Natural Resources (to assure that the draft would qualify the City for eligibly for enhanced matching disaster mitigation matching funds from the State). NOTE: Staff also worked with the CCRPC on a definitional update to the term “critical facilities.” That term is used to determine any building ineligible to be located in the 500-year flood plain (the 100-year floodplain has a much more restrictive standard). Following review, staff recommended in the draft that assisted senior housing and shelters be added to the list of “critical facilities” • LDR-19-04 Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District The Commission in May determined that the lakefront provisions of the LDRs should be removed as they duplicate now-existing (and at least equivalent, if not stronger) statewide standards. The standards DO keep a DRB review for erosion control measures and pre-existing water-oriented structures. The enclosed draft implements this direction. Legal review to be completed. IMPORTION NOTE AND OPTION FOR THE COMMISSION: In preparing the draft language, it came to our attention that the same standards for reconstruction of buildings along Lake Champlain apply ALSO to building located within 100’ of the centerline of Potash Brook within the Queen City Park zoning district. The effect of this provision is to grant a greater exception to the City’s stream bank standards in this specific area. Elsewhere in the City, such areas may only reconstruct within the same footprint of the building and not expand in any manner within the 50’ or 100’ setback. Here there is some ability to expand within the setback. Staff reviewed the area and found a total of three affected principal buildings in Queen City Park. Essentially all of these areas area located within the River Corridor, which does not permit expansions within the affect area. It is possible that 1-2 of the properties have a few square feet of land that are outside the River Corridor area but within 100’ of the centerline of the brook, but the area is minimal. Therefore, staff notes that eliminating the exception within the Queen City Park zoning district will have little to no effect on the ground. If the Commission concurs, it could then remove this language as well. The enclosed draft has TWO versions. Option 1 eliminates the 150’ applicable area from Lake Champlain AND this exception from the required 100’ setback from the Potash Brook, and Option 2 only does the first. Staff requests the Commission determine which option to go with for the public hearing. • LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections The enclosed draft is only slightly altered from what the Commission reviewed at its June 11th meeting following a legal review. • LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District 3 The draft is only slightly changed from what the Commission reviewed on June 11th and previously, to clarify standards for playgrounds. • LDR-19-07: Modify landscaping requirements for parking areas with solar canopies citywide The enclosed draft was discussed briefly by the Commission on June 11th but did not include any text for the Commission’s review. The amendment would allow the DRB to eliminate the requirement for share trees to be located along the edge of parking spaces, and for the interior landscaping minim to be excluded, where a solar canopy is installed in those areas. The purpose of the amendment is twofold: first, to remove the technical conflicts of requiring share trees that affect solar panels and for canopies’ structural elements to be constructed, and second, to provide a small incentive for their existence by allowing for more compact designs (which is also a technical issue). Should the Commission elect not to proceed with this particular amendment at this time, it may simply remove LDR-19-07 from the list of amendments it is advancing to public hearing. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com South Burlington Planning Commission Proposed Land Development Regulations Amendment & Adoption Report Planning Commission Public Hearing August 13, 2019 In accordance with 24 V.S.A. §4441, the South Burlington Planning Commission has prepared the following report regarding the proposed amendments and adoption of the City’s Land Development Regulations. Outline of the Proposed Overall Amendments The South Burlington Planning Commission will hold a public hearing on August 13, 2019 at 7:00 pm, in the City Hall Conference Room, 575 Dorset Street, South Burlington, VT to consider the following amendments to the South Burlington Land Development Regulations: A. LDR-19-01: Eliminate minimum parking requirements for all uses citywide except multi-family housing and accessory dwelling units, for which parking requirements are to be reduced B. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes C. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District D. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain E. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections F. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District G. LDR-19-07: Modify landscaping requirements for parking areas with solar canopies citywide Brief Description and Findings Concerning the Proposed Amendments The proposed amendments have been considered by the Planning Commission for their consistency with the text, goals, and objectives of the City of South Burlington’s Comprehensive Plan, adopted February 1, 2016. For each of the amendments, the Commission has addressed the following as enumerated under 24 VSA 4441(c): 2 “…The report shall provide a brief explanation of the proposed bylaw, amendment, or repeal and shall include a statement of purpose as required for notice under section 4444 of this title, and shall include findings regarding how the proposal: (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” A. LDR-19-01 Eliminate minimum parking requirements for all uses citywide except multi-family housing and accessory dwelling units, for which parking requirements are to be reduced Brief explanation of the proposed bylaw The amendment would eliminate minimum parking standards for all uses citywide except multi- family residential uses & accessory apartments, which would have reduced minimum requirements. Standards for the design of parking areas would be retained, screening of parking areas from streets would be enhanced, and allowance for reserving parking to individual tenants of a multi-tenant property would be specified. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. Eliminating / reducing minimum parking requirements is consistent with each of the primary goals of the Comprehensive Plan (p. 1-1). The amendment supports affordability by reducing the requirement for space & funding to be allocated to parking; supports a walkable and green community by promoting a land use pattern that is less auto- dependent; and supports a strong economy by reducing city-mandated parking on private land. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments support future land use goals and densities by reducing or eliminating requirements for area dedicated to parking over additional building or additional green space. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. B. LDR-19-02 Amend transfer of development rights requirements to be consistent with enabling statutes Brief explanation of the proposed bylaw 3 The proposed amendments consistent of a review and modifications to the City’s transfer of Development Rights regulations to be consistent with State law. The amendments are not intent to affect the function of the program. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing The amendments are to better match the regulations with State enabling statutes; no substantive policy changes are proposed. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are to better match the regulations with State enabling statutes; no substantive policy changes are proposed. (3) Carries out, as applicable, any specific proposals for any planned community facilities.” The amendments are to better match the regulations with State enabling statutes; no substantive policy changes are proposed. C. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District Brief explanation of the proposed bylaw The proposed amendment would establish river corridor protection standards for all major watercourses and streams with watersheds greater than 2 acres in the City. The bylaw, developed based on guidelines from the Vermont Agency of Natural Resources, would limit development and redevelopment throughout the mapped stream and river corridors of the City. The primary purpose is to limit development in areas most prone to future hazard from natural shifts in the river corridors. The amendments would also make minor modifications to the flood plain overlay district, including updates to definitions and the addition of shelters, congregate care, skilled nursing, and assisted living facilities to the definition of critical facilities subject to the standards applicable to the 500-year floodplain. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The adoption of River Corridor standards is specifically identified in the Comprehensive Plan: Strategy 34. Implement identified projects within the All Hazards Mitigation Plan including river corridor management. Objective 26. Protect and improve watershed, stream, and wetland system natural processes, specifically for stormwater treatment, riparian and aquatic habitat, and floodplain and river corridor protection. 4 Objective 27. Include mapped river corridors (fluvial erosion hazard areas, floodplains, and riparian areas) within designated open space areas intended for hazard mitigation, resource conservation and compatible forms of passive outdoor recreation. Strategy 63. Review fluvial erosion hazard areas and river corridors and adopt river corridor protection bylaws and maps. The proposed standards are intended to enhance the safety of new structures by avoiding River Corridors. This, in turn, supports long-term affordability of housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendments will have minor impacts on land use and possibly achievable densities by removing River Corridors from buildability. In practice, much of the land within mapped River Corridors in the City are currently regulated by either floodplain standards or stream buffer standards. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. Exceptions in the River Corridor standards exist for the maintenance of infrastructure. D. LDR-19-04 Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain Brief explanation of the proposed bylaw The proposed amendment would remove the applicability of surface water buffer standards from areas within 150’ of Laker Champlain and related standards regarding pre-existing structures along Lake Champlain and within Queen City Park. The Planning Commission finds that these standards are largely redundant to recently-adopted statewide Shoreland Protection Standards. The amended regulations would require that an applicant demonstrate compliance with the statewide standards prior to issuance of a zoning permit. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Planning Commission finds that the proposed amendment will not impact water quality along Lake Champlain and instead will promote more clarity in implementation of regulations. The Comprehensive Plan includes the following strategy to review duplicative standards in the regulations: Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving predictability of the process. Move as much of the permitting process online as is viable to improve customer access and service. 5 The amendments are not anticipated to have any impacts on the availability of safe and affordable housing. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are not anticipated to impact proposed future land uses and densities as outlined in the Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. E. LDR-19-05 Grant authority for Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections Brief explanation of the proposed bylaw The proposed amendment would expand the Administrative Officer’s authority to grant field changes to site plans upon inspection, so long as the changes to the site plan are minor and do not impact the approvability of the property. In addition, the proposed amendments would allow for a joint approval of an administrative site plan and zoning permit. Minor technical amendments are also included, including reducing the required number of full-sized plans required at application. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The proposed amendment is procedural in nature. The amendments are not anticipated to have any impacts on the availability of safe and affordable housing, save for minor improvements in the timeline for completion of projects. The Comprehensive Plan includes the following strategy to review outdated standards in the regulations: Strategy 15. Conduct a comprehensive analysis of City regulations relating to permitting with an eye toward ways to eliminate outdated or duplicative requirements and to further streamline the process of obtaining needed permits with a specific focus on improving predictability of the process. Move as much of the permitting process online as is viable to improve customer access and service. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are not anticipated to impact proposed future land uses and densities as outlined in the Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. 6 The amendments do not impact specific proposals for any planned community facilities. F. LDR-19-06 Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District The proposal would amend Chapter 8 (City Center Form Based Code District) and the related Appendix F to provide for additional qualifying open space types, amend some minor details and clarify expectations of approved types, and provide for greater organization of the text related to applicability. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The amendments would not have a direct impact on the availability of safe and affordable housing. The amendments do continue to further several goals and policies within the 2016 Comprehensive Plan, including objective 33 related to the provision of varied recreational areas and facilities and objective 35 relating to a targeted open space to population service standard. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are not anticipated to impact proposed future land uses and densities as outlined in the Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. The requirements for qualifying open spaces are largely intended to be private spaces and not community-funded, though there could be the potential for large projects with related large open spaces to provide for identified or planned public parks or related community facilities. G. LDR-19-07 Modify landscaping requirements for parking areas with solar canopies citywide The proposal would eliminate the requirement for canopy trees to be located adjacent to parking areas and for interior landscape areas to parking areas where solar canopies are installed above such parking. (1) Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing. The Comprehensive Plan has a principal goal to “Reduce energy consumption city-wide and increase renewable energy generation production where appropriate” (p 1-1). Strategy 54: Promote energy efficiency through well-designed buildings, siting and landscaping, and increase increased demand-side management programs and the use of site-specific renewable energy resources.” 7 (2) Is compatible with the proposed future land uses and densities of the municipal plan. The amendments are not anticipated to impact proposed future land uses and densities as outlined in the Comprehensive Plan. (3) Carries out, as applicable, any specific proposals for any planned community facilities. The amendments do not impact specific proposals for any planned community facilities. LDR-19-01 Parking Standard Revisions 1 Amendment #LDR-19-01 Parking Standard Revisions 2.02 Definitions … Shared Parking Plan. An agreement for sharing of parking needs or requirements among two or more proximate land owners reflecting their complementary parking needs (e.g., different peak use houoccasional or sporadic use, etc.) as part of a development scheme to satisfy the general parking requirements and achieve greater efficiencies Shopping center. A group of two (2) or more retail establishments or restaurants, including all associated outparcels (whether or not they have been subdivided from the original tract), having a unified design of buildings, coordinated parking and service areas, and development plan in accordance with the requirements of the zoning district in which it is located, and where customer and employee parking are provided on-site, and provision for goods delivery is separated from customer access. The shopping center shall be planned, constructed, and developed and/or managed as a unified entity. Non-retail uses, such as offices, theaters, hotels, and automotive repair facilities, may be included in the overall development plan provided such uses are approved by the DRB in conjunction with the overall shopping center. 3.09 Multiple Structures and Uses … (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. 4.06 RESIDENTIAL 7 WITH NEIGHBORHOOD COMMERCIAL DISTRICT - R7-NC … (3) Access, parking, and internal circulation: (a) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one- fourth of mile for purposes of this zoning district). Any requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (b) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (c) Access improvements and curb cut consolidation may be required. LDR-19-01 Parking Standard Revisions 2 (3) (d) Where existing residential dwellings are converted to nonresidential use, the residential appearance of the structure shall be retained. 5.08 Supplemental Standards for All Commercial Districts … C. Parking, Access, and Internal Circulation (1) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one- quarter (¼) mile for purposes of commercial zoning districts). Any requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (2) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (3) Access improvements and curb cut consolidation may be required. 6.05 Supplemental Standards for Industrial and Airport Districts … C. Parking, Access, and Internal Circulation (1) Parking requirements may be modified, depending in the extent of shared parking, the presence of sidewalks or recreation paths, and residences lying within walking distance (defined as no further than one- quarter (¼) mile for purposes of these districts). Any requirements for shared access and/or parking must be secured by permanent legal agreements acceptable to the City Attorney. (2) Parking shall be placed to the side or rear of the structures if possible. (3) Parking areas shall be designed for efficient internal circulation and the minimum number of curb cuts onto the public roadway. (4) Access improvements and curb cut consolidation may be required. 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards … (E) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 1 Min, 3 Max. See Note 4 (b) Per 1,000 gross s.f. Non-Residential 2 spaces Min. See Note 4 8.13 T-4 Urban Multi-Use Building Envelope Standards … (E) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 2 spaces Max. (b) Per 1,000 gross s.f. Non-Residential 2 spaces Min. (2) Location & Screening … (g) No parking spaces required for ground floor tenants/ uses less than 5,000 sq. ft. (3) Off-Site Parking … (c) Shared parking may be used to meet parking requirements (See Article 13). LDR-19-01 Parking Standard Revisions 3 8.14 T-5 Building Envelope Standards … (E) Parking Standards (1) Parking Amount Requirements (a) Per Residential Unit 2 spaces Max. (b) Per 1,000 gross s.f. Non-Residential 2 spaces Min. 9.10 SEQ-VC Sub-District; Specific Regulations … C. Residential Design … (5) Off-Site and Shared Parking. The distance limitations of Section 13.01(D) (2)(b) shall not apply in the VC sub-district; applicants may utilize off-site or on-site (as applicable) shared parking located anywhere within the VC district or within any area within 1,000 linear feet regardless of zoning subdistrict. D. Design Standards for Non-Residential Land Uses in the SEQ-VC Sub-District … (4) Parking (a) Notwithstanding the provisions of Article 13 of these Regulations, each non-residential use shall provide three (3) off-street parking spaces per 1,000 gross square feet. The DRB may grant a parking waiver in conformance with Section 13.1(N)(3). The Development Review Board may allow onstreet parking within 500 linear feet of the nearest building line of the use to count towards the use’s parking requirements. (b) The provisions of Section 13.1 notwithstanding, the DRB may allow shared parking anywhere within the VC district, regardless of linear distance from the proposed use. 14.11 Conditional Use Review: Specific Uses and Standards … C . Convenience Store in Conjunction with a Gasoline Filling Station/Service Station. … (5) Maximum floor area. Such store shall have a gross floor area of no more than ten percent (10%) of the lot area. (6) Maximum height. Such store shall be no more than one (1) story high. … (8) Parking. Parking spaces shall be provided proximate to the store, at the rate of one (1) space per one hundred fifty (150) square feet of consumer convenience center floor area. Where parking is located near a residential district boundary, the applicant shall provide landscaping, and/or fencing or screening in the mandatory setback. 13.01 Off Street Parking and Loading A. Purpose. Parking areas and off-street loading, where provided, shall be designed in a manner that In order to minimizes traffic congestion, air pollution, and the risk of motor vehicle and pedestrian accidents, as well as to promote other elements of sound community planning., off-street parking and loading spaces shall be required of all structures and land uses. Such spaces shall be provided and kept available as an accessory use to all permitted and conditional uses of structures, lots, and land in amounts not less than those specified in Tables 13-1 through 13-6, Schedule of Off-Street Parking and Loading Requirements within non-transect zone districts, and neither less nor more than the standards set forth within the City Center FBC District (Article LDR-19-01 Parking Standard Revisions 4 8). Subject to the provisions of Section 13.01(N), Exemptions and Waivers, the requirements of this section shall apply under the following circumstances: All new structures erected for use on a property. Any structure which is hereafter altered or enlarged. All new uses of a property. Any use of a property which is hereafter altered or enlarged. B. Determination of Parking and Loading Spaces. (1) Minimum Parking Amounts. Except as specifically provided for in Table 13-1, there shall be no minimum number of parking spaces. See Article 8 (City Center Form Based Codes) for maximum allowable parking by Transect Zone. All structures and land uses shall be provided with a sufficient amount of off-street parking to meet the needs of persons employed at or making use of such structures or land uses, and sufficient off- street loading facilities to meet the needs of such structures or land uses, but not less than the minimum standards of Tables 13-1 through 13-6, Schedule of Off-Street Parking and Loading Requirements within non-transect zone districts, and neither less nor more than the standards set forth within the City Center FBC District (Article 8)s. No certificate of occupancy or certificate of compliance shall be issued for any structure or land use until the required off-street parking and/or loading spaces have been established. Required off-street parking and/or loading facilities shall be maintained as long as the use of structure exists which the facilities are designed to serve. The following methods shall be used to determine the number of required off-street parking and loading spaces: (a) The requirement for a single use shall be determined directly from the schedule of such requirements in Tables 13-1 through 13-6. Within the City Center FBC District, requirements shall be determined pursuant to applicable Transect Zone Building Envelope Standards. (b) The requirement for a combination use made up of several different component uses (e.g., a restaurant and bar; or a retail store combined with an office building or a storage area) shall be determined by undertaking a shared parking calculation as explained under Section 13.01(E). (c) When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number. (d) If the use is not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed, as determined by the Development Review Board. (e) When the schedule requires the number of spaces to be calculated per employee and employees are on the site in shifts, the number to be used is the number of employees present during the largest shift plus any provision for shift overlaps. In all other cases it shall mean the total number of employees on the site or who will use the site for parking at any one time. (f) A garage or a carport may be used to meet the requirements of this section. A driveway may only be used to meet the requirements of this section where it serves a one-family dwelling. A driveway can be considered to meet the parking requirement for a two-family dwelling if cars can enter or exit independently for each unit. (g) Uses which require approval pursuant to Article 14, Site Plan and Conditional Use Review may be required to provide off-street parking spaces in excess of the requirements of this section and Tables 13-1 through 13-6. LDR-19-01 Parking Standard Revisions 5 Notes applicable to Tables 13-1 through 13-6: 1. If all parking spaces are common, i.e. non-reserved, and if there are more than 10 DUs, the requirement decreases to 2 spaces per DU 2. Any spaces required as part of the operational function, such as display, storage or queuing spaces at the transfer station or service station, are in addition 3. Add 3 per 1,000 SF GFA for retail areas plus 3.5 per 1,000 SF GFA for office space 4. Parking need varies according to type of facility and will be determined during site plan approval 5. For the City Center FBC District (Article 8), these tables do not apply. See applicable Transect Zone Building Envelope Standards 6. Bicycle parking may substitute for up to 25% of required parking. For every five required bicycle parking spaces that meet the short or long term bicycle parking standards, the motor vehicle parking requirement is reduced by one space. Existing parking may be converted to take advantage of this provision Definitions applicable to Tables 13-1 through 13-6: “Employee” means the number of employees working at the specific location on the main shift plus any overlap from prior or later shifts. TABLE 13-1: PARKING REQUIREMENTS, RESIDENTIAL USES Use Parking Space Requirement Notes (1) Multi-Family Dwelling (studio or 1 bedroom units) 0.75 spaces per Dwelling Unit (DU) plus 0.75 space for every 4 units; Multi-Family Dwelling (2+ bedroom units) 1.5 spaces per DU plus 0.75 space for every 4 units for all other DUs 2 Table Notes: 1. When the required number of spaces is determined to result in a fraction, it shall be increased to the next highest whole number. 2. If no more than one (1) parking space is reserved per DU, the requirement decreases to 1.5 spaces per DU Use Parking Space Requirement Notes Single-family dwelling 2 spaces per DU Two-family dwelling 2 spaces per DU plus 1 space for every 4 units 1 Multi-family dwelling 1 space per DU plus 1 space for every 4 units for studio and 1-bedroom DUs; 2 spaces per DU plus 1 space for every 4 units for all other DUs 1 Assisted living 0.6 spaces per DU Congregate housing 1.2 spaces per DU plus 1 space for every 4 units Accessory residential unit 1 per DU Accessory residential unit w/o occupancy restriction on lots of ½ acre or more 2 per DU LDR-19-01 Parking Standard Revisions 6 TABLE 13-2: PARKING REQUIREMENTS, COMMERCIAL USES Use Parking Space Requirement Notes Agriculture & construction equipment sales, service & rental 2 per 1,000 SF GFA Recreation facility, indoor 0.33 per person in maximum occupancy permitted Recreation facility, outdoor 0.33 per seat or per person in maximum occupancy Auto and motorcycle sales, service and repair 2 per 1,000 SF GFA 2 Artist production studio 2 per 1,000 SF GFA Auto rental, with private accessory car wash and fueling 2 per 1,000 SF GFA 2 Drive-through bank 5.8 per 1,000 SF GFA 2 Bed & breakfast, minimum 1 acre lot 2 plus 1.5 per guest bedroom Car wash 2 per 1,000 SF GFA, minimum of 2 2 Commercial greenhouse 2 per 1,000 SF GFA Convenience store, principal use 5 per 1,000 SF GFA Day care facility 1 per employee plus 0.1 per licensed enrollment capacity Equipment service, repair & rental 2 per 1,000 SF GFA Financial institution 3.6 per 1,000 SF GFA Flight instruction 1 per employee (faculty and staff) plus 0.5 per student enrollment capacity Use (continued) Parking Space Requirement Notes Hotels 1 per room, plus 0.33 per maximum occupancy in meeting and banquet rooms Hotels, extended stay 1 per room plus 1 per employee Indoor theater 0.33 per seat Commercial kennel, animal shelter, veterinary hospital or pet day care 1 per employee plus 0.5 per 1,000 SF GFA Lumber and contractor’s yard 1 per employee plus 0.5 per 1,000 SF GFA Mobile home, RV, and boat sales, repair & service 2 per 1,000 SF GFA 2 Office, general 3.5 per 1,000 SF GFA Office, medical 5 per 1,000 SF Personal or business service, principal use 2 per treatment station, but not less than 4 per 1,000 SF GFA Pet grooming 4 per 1,000 SF GFA Printing & binding production facilities 2 per 1,000 SF GFA Photocopy & printing shops, with accessory retail 2 per 1,000 SF GFA, plus 5 per 1,000 SF GFA of retail area Radio & television studio 2 per employee Research facility or laboratory 3 per 1,000 SF GFA Restaurant, standard 18 per 1,000 SF GLA Restaurant, short order 12 per 1,000 SF GLA Retail sales 5 per 1,000 SF GFA Retail sales up to 3,000 SF GFA 4 per 1,000 SF GFA Retail warehouse outlet 5 per 1,000 SF GFA LDR-19-01 Parking Standard Revisions 7 Sale, rental & repair of aircraft & related parts 2 per 1,000 SF GFA Seasonal mobile food unit 8 per employee Service station with convenience store 10 per 1,000 SF GLA 2 Shopping center 5 per 1,000 SF GLA if GLA is 400,000 SF or less 5.5 per 1,000 SF GLA if more than 400,000 SF Taverns, night clubs & private clubs 0.5 per maximum authorized occupancy Motor freight terminal 1 per employee 2 Commercial or public parking facility 1 per employee 2 Warehousing, processing, storage & distribution 0.5 per 1,000 SF GFA Distribution and related storage, as a minority of floor area accessory to another principal permitted or conditional use 0.5 per 1,000 SF GFA for the distribution and storage portion of GFA Wholesale establishments 0.5 per 1,000 SF GFA plus any requirements for office or sales area TABLE 13-4: PARKING REQUIREMENTS, PUBLIC AND QUASI-PUBLIC USES Use Spaces Required Notes Place of worship 0.5 per seat Community center 0.33 per maximum permitted occupancy Cultural facility 0.33 per maximum permitted occupancy Educational facility: elementary and secondary schools 1 per classroom and other rooms used by students, staff or faculty, plus 0.25 per student of driving age Educational facility: college, university, or professional school 1 per classroom and other rooms used by students, staff or faculty, plus 0.50 per student Food Hub 1 per employee plus two per 1,000 GFA Personal instruction facility 2 per employee Municipal facility 3 per 1,000 SF GFA Educational support facilities 2 per 1,000 SF GFA Group home 1 per sleeping room plus 2 spaces Group quarters 1 per sleeping room plus 2 spaces Hospice 0.3 per bed Skilled nursing facility 0.3 per bed Social services 4 per 1,000 SF GFA Public utility substations 1 per employee, minimum of 2 spaces Cemeteries 1 per employee, minimum of 2 spaces 2 Parks n/a 4 Recreation paths n/a 4 TABLE 13-5: PARKING REQUIREMENTS, INDUSTRIAL USES Use Spaces Required Notes Light manufacturing 0.5 per 1,000 SF GFA, plus 1 space per employee Manufacturing & assembly from previously prepared materials & components 0.5 per 1,000 SF GFA plus 1 space per employee LDR-19-01 Parking Standard Revisions 8 TABLE 13-6: PARKING REQUIREMENTS, MISCELLANEOUS USES Use Spaces Required Notes Private providers of public services, including vehicle storage & maintenance 0.5 per 1,000 SF GFA plus 1 space per employee 2 Waste transfer stations 1 space plus 1 per employee 2 C. Location of Off Street Parking, Loading, and Vehicle Entrances. (1) Except as provided in the City Center FBC District and in Sections 13.01(E) and (D), off street parking and loading that is required for a use or uses under this section shall be located entirely on the property on which the use or uses exist. The Development Review Board may approve required off street parking that is located off the property (“off-site parking”) on which a use or uses exist, according to Section 13.01(D). (12) Vehicle Entrance. No curb cuts or vehicle entrance from any public street shall be constructed or maintained except in conformance with all applicable standards of the City of South Burlington and Vermont Agency of Transportation. (32) The installation of acceleration and/or deceleration lanes on the adjacent public street may be required if deemed necessary by the Development Review Board. (43) Driveways shall be located more than two hundred (200) feet from signalized street intersections (measured between the near edges of the driveway and intersection), except upon recommendation by the Director of Public Works based on site-specific circumstances Greater distances are encouraged on streets with high traffic volumes. (54) Screening shall be provided where headlights from vehicles on site may be visible and project parallel to a public street. (5) Screening of aAll parking areas adjacent to a public street shall be screened from the street by fencing, walls, or vegetation measuring at least three (3) feet in height. D. Off-Site Parking. (1) The use of any off-site, separately-owned parking by another person or business shall not require approval under these Regulations. In no event, however, shall off-site parking and loading space for any non- residential use be located in any R1, R12, R4, LN, QCP or SEQ district. (1) Required parking and loading spaces shall normally be provided upon the same lot as the use or structure to which they are accessory. However, there may be occasions where off-site parking is beneficial, whether off-site parking is combined with parking requirements for other uses or parcels, or just for one particular use. Parking could be provided off-site in combination with parking for other uses that are the same (e.g. several retail establishments could combine parking) or that are different. If the uses are the same, the parking requirement shall be determined by adding the parking space needs as per Tables 13-1 through 13-6. If the uses are different, a shared parking calculation shall be undertaken as per Section 13.01(E). (2) Off-site parking may be provided for non-residential uses provided that the Development Review Board approves a plan for off-site parking meeting the following requirements: (a) The applicant(s) provides an acceptable overall design and an accurate site plan for all properties affected by the parking proposal in conjunction with site plan or PUD review. All owners of the property(ies) where the off-site parking will be provided shall sign the application. (b) The lots involved generally shall be adjacent. However, at its discretion, the DRB may approve a plan for off-site parking where the off-site parking is located within eight hundred (800) linear feet at LDR-19-01 Parking Standard Revisions 9 its farthest point of the property on which the associated use or uses exist. This subsection does not apply to the City Center FBC District. See the applicable Transect Zone Building Envelope Standards for standards. (c) The applicant shall record appropriate legal documents to ensure that the off-site parking spaces shall be available for use by the user or users for which the off-site parking spaces are being sought. Such legal documents shall be acceptable to the City Attorney in form and content. Such legal documents shall ensure the continued existence of the parking lot or facility to serve said uses so long as they may exist. Such agreement shall guarantee also that upon termination of such joint use, each subsequent use of the premises will provide off-street parking for its own use in accordance with the requirements of this section and Tables 13-1 through 13-6. (d) The required parking spaces to be provided, their locations and striping shall be shown on the plan. (e) In no event shall off-site parking and loading space for any non-residential use be located in any R1, R1, R4, LN, QCP or SEQ district. E. Shared Parking on a Single Lot. As a matter of public policy, the City of South Burlington finds that the coordination of off-street parking between adjoining non-residential sites is desirable (1) to allow for traffic circulation between sites rather than having all traffic entering and exiting the existing road system to proceed from site to site, (2) to allow for improved pedestrian circulation, and (3) to reduce the overall amount of paved surface on a site. This coordination can take various forms, from a simple paved connection to a more elaborate plan to provide both a connection and shared parking arrangements. Such connection and shared parking are not to be considered a parking waiver, but an agreement between the landowners and the City of South Burlington to effect an overall circulation and parking plan. (2) Where the Development Review Board determines that a proposed development consisting of two (2) or more uses will generate different hourly, daily and/or seasonal parking demands due to the varied hours of operation of each use and different peaking characteristics, the Development Review Board may approve a site plan or PUD utilizing shared parking on the site that is the subject of the application, or on another site (see Shared Parking, Section 13.01(E) above). The Development Review Board may, at its discretion, allow for a reduced number of shared parking spaces to be provided, on or off site, provided that: (a) The applicant shall provide the Development Review Board with a site plan and a complete and accurate description of the proposed uses and floor areas devoted to such uses. All uses participating in the shared parking plan must be located within a convenient walking distance to the shared parking facility, which generally shall be defined as one-quarter (1/4) mile. (b) A shared parking analysis shall be presented calculating the parking demand for each individual use by time period and, where applicable, by season, in the form of a matrix. The various time periods shall depend on the uses being analyzed. These periods typically include a weekday morning, weekday lunch time, weekday afternoon, weekday evening, Saturday midday and Saturday evening. If the uses experience significant seasonal variations the analysis should be done for the peak season and possibly for different seasons (summer, winter, special events, etc.) For each use, the matrix should indicate the individual peak demand corresponding to the parking requirement as indicated in Tables 13-1 through 13-6, then the expected demand for each time period being analyzed in terms of a percentage of the peak demand and the number of parking spaces required for that use at that particular time period. For instance, if there is a 50,000 SF office component in a mixed-use project, the peak demand for that component is 175 spaces (3.5 times 50), and during the weekday am period that component will have a presence of 100%, i.e. 175 spaces, during lunch time the LDR-19-01 Parking Standard Revisions 10 presence would be 90%, i.e. 158 spaces, during the weekday afternoon the presence would be 97%, i.e. 170 spaces, and during the evening hours the presence would be 20%, i.e. 35 spaces. The same analysis needs to be done for the other uses that are part of the sharing arrangement. To calculate the total number of spaces required with the sharing arrangement the numbers of spaces required for each use need to be added for each time period, and the largest number determines the requirement. This analysis should be undertaken by a professional planner or engineer, and can be based on the “Shared Parking” publication by the Urban Land Institute or on “Shared Parking Planning Guidelines”, an informational report by the Institute of Transportation Engineers. In some cases the applicant may have to undertake specific surveys of individual uses to determine the percentage present at various time periods. If the parking demand of a new use is to be shared with an existing use the applicant should undertake an occupancy survey of the existing parking facility. (c) The parking spaces that are part of a shared parking plan cannot be reserved for individual users or destinations, unless those reserved spaces are excluded from the calculation. (d) The Development Review Board may order the property owner to construct the future parking spaces if, at the Administrative Officer’s recommendation, the DRB determines a need for additional spaces to be constructed. For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within one hundred twenty (120) days of being so ordered the City Attorney shall take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the City Clerk’s office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this subsection. (e) The approval of such shared parking shall be automatically terminated upon the termination of the operation of any of the involved uses. EXAMPLE OF A SHARED PARKING ANALYSIS Weekday AM Weekday Lunch Weekday PM Weekday Eve.Saturday Size Peak Parking (10-11 AM)(12-2 PM)(3-4 PM)(7-8 PM)(12-2 PM) Building Use 1,000 SF or DU Ratio Spaces % Present Cars % Present Cars % Present Cars % Present Cars % Present Cars Retail 75.8 5 379 0.7 265 0.85 322 0.8 303 0.8 303 1 379 Bank 2 5 10 0.8 8 1 10 0.05 6 0.05 1 0.17 2 Restaurant 11.5 10 115 0.3 35 0.75 86 0.75 58 0.75 86 0.5 58 Office 157.6 3.5 552 1 551 0.97 535 0.05 513 0.05 28 0.17 94 Residential 155 2 310 0.5 155 0.5 155 0.95 155 0.95 295 0.71 220 Cinema seats 635 15.9 0.3 5 0 0 0 0 0.2 42 0.8 168 0.3 63 Total 1,370 1014 1108 1077 881 816 Notes: (1) The peak parking ratio typically corresponds to the zoning requirement and represents the amount of parking that would have to be supplied if each use was built independently on its own lot. (2) The percentages for the presence of each peak parking demand by time period are based on "Shared Parking" by the Urban Land Institute and on BFJ experience. (Table produced by BFJ, October 2002) F. Access Management Requirements. It is the intent of the City to minimize traffic and pedestrian conflicts caused by vehicular driveways on public roadways by reducing the number of required driveways and by minimizing the number of vehicles utilizing such driveways off public roadways. All applicants must make an effort to reduce these impacts. All commercial lots (retail, restaurant, office, service uses, excluding residential, agricultural and industrial uses) located adjacent to other commercial lots must provide a driveway connection to any adjacent commercial lot. If the adjacent property owner does not want to provide for that LDR-19-01 Parking Standard Revisions 11 connection, the applicant must provide an easement to do so in the future when circumstances may change. This driveway connection or easement should be located where the vehicular and pedestrian circulation is most feasible. G. Design Requirements for Parking Spaces, Parking Aisles, Lighting, and Landscaping. (1) Design requirements for off-street parking and loading are provided in Table 13-82 and Figure 13- 1 within Section 13.01, Off-Street Parking and Loading, Section 13.06, Landscaping, Screening, and Street Trees, and Section 13.07, Exterior Lighting. All paved parking spaces shall be striped or otherwise physically delimited. (2) The location of parking areas and loading docks shall prevent conflicts with entering and exiting traffic onto a public street and prevent conflicts between vehicles and pedestrians. The distance between access points and parking areas shall be adequate to minimize blockage and prevent back-ups onto the public street. (3) Provision shall be made for access by police, fire and emergency vehicles. (4) Pedestrian safety. Insofar as practicable, pedestrian and bicycle circulation shall be separated from motor vehicle circulation. Safe and convenient pedestrian circulation, including appropriate sidewalks, shall be provided on the site and its approaches. The pedestrian circulation on site shall be designed to minimize adverse effects of vehicular traffic on sidewalks and recreation paths. (5) Bicycle parking or storage facility. See Section 13.14. At least one (1) bicycle parking or storage facility shall be provided for all uses subject to site plan or Planned Unit Development review to serve persons employed or residing on the premises as well as the visiting public. Additional such facilities may be required as deemed necessary by the Development Review Board or as required within the City Center FBC District. (6) Stormwater management strategies that facilitate infiltration including but not limited to recessed planting islands, bioretention facilities, and pervious parking spaces are encouraged in the design of any off-street parking or loading area. H. Number of Parking Spaces. The required number of spaces shall be as listed in Tables 13-1 through 13-6 above, except within the City Center FBC District, Transect Zones (See applicable Transect Zone Building Envelope Standards) and the SEQ-VC subdistrict (See Article 9). For any use not specifically listed in the schedule of such requirements, the requirements shall be the same as for the most similar use listed, as determined by the Administrative Officer. H. I. Handicapped –Accessible Parking Spaces. Parking spaces for handicapped persons shall be provided for all non-residential uses. The size, number, type and location of parking spaces shall comply with the current ADA Accessibility Guidelines. Handicap accessible spaces are required to be eight feet (8'0") wide, with an adjacent access aisle five feet (5'0") wide. One in every eight (8) accessible spaces must have an access aisle eight feet (8'0") wide and must be signed "van accessible". The number of accessible spaces required is shown in Table 13-7 below. Table 13-7 Minimum Number of Accessible Parking Spaces Required Total parking spaces in lot 1 - 25 26- 50 51 - 75 76 - 100 101- 150 151- 200 201- 300 301- 400 401- 500 501- 1000 > 1,000 Number of accessible spaces in lot 1 2 3 4 5 6 7 8 9 2% of total 20 + 1 per 100 over 1,000 LDR-19-01 Parking Standard Revisions 12 JI. Recreational Vehicles. Parking or storage facilities for recreational vehicles shall be provided in all multi-family residential developments of twenty-five (25) units or more, except within the City Center FBC District (where they shall be optional at the applicant’s discretion). Recreational vehicles shall not be stored on any common open lands other than those specifically approved for such purpose by the DRB through the review process. The Development Review Board may waive this provision only upon a showing by the applicant that the storage and parking of recreational vehicles shall be prohibited within all private and common areas of the development. K. Access Drives. Commercial or industrial access drives connecting parking areas to a public street or right-of-way shall be a minimum of fifteen (15) feet in width, or ten (10) feet if designated for one-way traffic. Residential access drives serving garages and parking lots shall be a minimum of twenty (20) feet in width. Aisles and access drives shall be privately owned and maintained. J. L. Parking Reserved for Future UseReserved Parking. In order to minimize the construction of unnecessary parking, In the event that an applicant can demonstrate to the Development Review Board that its present parking needs do not necessitate the construction of the number of parking spaces required herein, the Administrative Officer or Development Review Board may approve a site plan with reserved parking reserved for construction at a future date. In such granting such an approval, the Administrative Officer or DRB shall specific a timeframe during which said parking may be constructed without receipt of an additional site plan approval. In no case shall such time frame exceed ten (10) years. Removal of parking reserve areas shall require site plan amendment. requiring the present construction of a lesser number of spaces. In such an event, the site plan shall show sufficient spaces reserved for future parking requirements with the combined number of spaces being not less than that required by Table 13-1 through 13-6. In all cases, at least two-thirds (2/3s) of the number of required parking spaces shall be provided. The remaining reserved space shall remain unpaved or kept pervious until such time as it is needed, unless the reserved area is used for internal circulation. The reserved area shall be shown on any site plan. The Development Review Board may order the property owner to install the future parking spaces if, at the Administrative Officer’s recommendation and the Development Review Board’s sole discretion, the need for additional spaces arises. For example, a change in the use(s) or the ownership of the parcel may be enough to require the installation of the parking spaces. In the event that the owner fails to install the additional parking spaces within one hundred twenty (120) days of being so ordered, the Administrative Officer shall revoke the certificate of occupancy for the premises, and the City Attorney may take appropriate action in a court of competent jurisdiction to restrain the use of said premises. When this subsection is utilized, the site plan shall contain a statement, signed by the applicant in such a form as shall be approved by the City Attorney, consenting to the provisions contained herein. In addition, the property owner shall be required to submit a covenant, for filing in the City Records office, in such a form as shall be approved by the City Attorney, indicating consent to the provisions of this subsection. K.M. Structured Parking. Structured parking is encouraged may be allowed by the Development Review Board in conjunction with approval of a site plan or PUD. Structured parking shall be defined as any structure consisting of more than one level and used to store motor vehicles. The parking structure may be stand-alone or may be part of or attached to another structure. Such structures typically comprise parking decks, garages, or roof-top parking areas. The Development Review Board may require design elements for parking structures that specifically address safety, security, lighting, landscaping, and visual aesthetics as conditions for approval. L. Reserved Parking Spaces. Reservation of non-residential parking spaces for single tenants or users is strongly discouraged. Reserved parking, and associated signage, shall be permitted only under the following circumstances: (1) To meet or exceed Federal ADA requirements LDR-19-01 Parking Standard Revisions 13 (2) To provide a limited number of courtesy spaces for users (examples: 15-minute only, pick & drop off, seniors, expectant mothers) (3) To provide for electric vehicles, carpool spaces, car-share spaces, or other similar purposes (4) To provide a minimal number of spaces for a small commercial business where other residential or non-residential uses would otherwise dominate parking areas (5) Where the Development Review Board finds that other demonstrated unique circumstances exist that would require a limited number of reserved spaces. In such an instance, the Board shall permit only the minimum number necessary to address the unique circumstances. M. N. Exemptions, Waivers, Modifications of Requirements. Dimensions. (1) Exemptions. Existing buildings and uses are exempt as follows: (a) Structures and land uses lawfully in existence or in use or for which zoning permits have been approved by the effective date of these regulations shall not be subject to the parking or loading space requirements set forth in this section. However, any parking or loading facility now existing to serve such structures or uses shall not be reduced except where such facility exceeds such requirements, in which case such facility shall not be reduced below such requirements. (b) However, no structure or lot lawfully in use at the effective date of this chapter shall be enlarged unless the off-street parking and truck loading space requirements of this section are complied with to the same extent as would be required if the entire pre-existing structure or use and the proposed enlargement were being submitted as if they were a new application. The Development Review Board shall require additional off-street parking and truck loading spaces with respect to the proposed enlargement, but at its discretion may not require additional spaces with respect to the preexisting part of the structure or use. (2) Waivers. Except within the City Center FBC District, where the Development Review Board determines that a proposed land use or structure is adequately served by existing or proposed parking facilities, the Development Review Board may waive the off-street parking space requirements stipulated in Tables 13-1 through 13-6, by no more than twenty-five percent (25%). (3) Modifications of Requirements. The Administrative Officer or Development Review Board may approve minor modifications to parking lot dimensions as specified in Table 13-8 where the applicant can demonstrate necessity of modifications and where safety of motor vehicle and pedestrian circulation are retained. Except within the City Center FBC District, where the Development Review Board determines that unique usage or special conditions exist, it may require off-street parking spaces and loading areas greater than the requirements of this section. The Development Review Board may reduce the requirements of Tables 13-1 through 13-6 for the number of off-street parking spaces and loading areas for non-residential uses and structures if it determines that overlapping use of parking spaces or other unique characteristic cause the requirement to be unnecessarily stringent. See sub-sections on Shared Parking. Table 13-82 Parking Lot Dimensions A L D W Di Parking Angle (Degrees) Curb Length per Car (Feet) Depth of Stall (Feet) Width of Aisle (Feet) Depth of Stall (Feet) 0 22.0 8.0 12 8.0 20 24.9 14.2 12 10.1 25 20.1 15.4 12 11.4 LDR-19-01 Parking Standard Revisions 14 30 17.0 16.4 12 12.7 35 14.8 17.3 12 13.7 40 13.2 18.1 12 14.8 45 12.0 18.7 13 15.8 50 11.1 19.2 13 16.6 55 10.4 19.6 14 17.2 60 9.8 19.8 15 17.8 65 9.4 19.9 17 18.2 70 9.0 19.8 20 18.4 75 9.0 19.6 23 18.6 80 9.0 19.2 24 18.4 85 9.0 18.7 24 18.3 90 9.0 18.0 24* 18.0 The width of an aisle serving a single row of 90 degree parking spaces may be reduced to 22 feet. Figure 13-1 Parking Lot Layout 13.14 Bicycle Parking and Storage A. Purpose. These standards for short term parking and long term storage of bicycles are intended to recognize and promote cycling as a viable means of transportation and recreation for residents, consumers, visitors, and employees. B. Short Term Bicycle Parking (1) Applicability. These standards apply to any application for development that requires site plan approval under Section 14.03 of the LDRs, and all applications for development of parcels located in the City Center Form Based Codes District. (a) In order to facilitate a reasonable nexus between land development and bicycle parking requirements, applications for development to which these standards apply on parcels with existing development shall be permitted to phase in required short term bicycle parking as follows: LDR-19-01 Parking Standard Revisions 15 (i) For the first application, the applicant shall propose and install at least 50% of the required number of bicycle parking spaces. (ii) Thereafter, any applications for development of the same parcel shall comply with all standards for Short Term Bicycle Parking. (b) Where pre-approved bicycle racks exist on the site at the time of application, they may be permitted to remain and count towards the minimum requirements of this Section provided: (i) They are compliant with 13.14 B(2)(d)(i) and 13.14(B)(2)(d)(iv) of these regulations; (ii) The bike frame can be attached in at least one place and the bike is supported to stay upright; (iii) The rack is not constructed of wood; (iv) Each space on a rack where a bicycle frame can be attached in at least one place and supported to stay upright shall be considered a bicycle parking space; (v) If parking is on the end or outside of a rack, the parking space must be clear of obstructions in compliance with Appendix G and not obstruct passageways. (2) Standards for bicycle parking spaces (bps). (a) The minimum number of bicycle parking spaces shall be as indicated on Table 13-10. (b) Bicycle parking shall utilize the ‘Inverted U’ style or as shown as acceptable in Appendix G. The rack may not be constructed of wood. (c) If an applicant wishes to install something different, any bps shall meet the following specifications: (i) Allow secure locking of the frame and wheel; (ii) Support a bicycle frame at two points of contact; (iii) Meet the intent of the examples provided in Appendix G. (d) Location & Serviceability. Each bps shall be: (i) Securely anchored to the ground and on a hard, stabilized surface of at least six feet in length and a width sufficient to satisfy the remainder of these regulations; (ii) Spaced to allow easy access to each bicycle (iii) Spaced sufficiently away from obstructions, including walls, doors, posts, columns, landscaping, and other racks, in accordance with Appendix G. (iv) Easily accessible from the street or multi-use path and protected from motor vehicles; (v) Visible to passers-by and well-lit to promote usage and enhance security; especially in retrofitted areas, or where good visibility is not achievable, an applicant may be required to install directional signage. (vi) Located at or nearby principal entrances where reasonably practicable, unless doing so compromises the other directives of this subsection, including visibility and accessibility. (vii) Dedicated bicycle parking areas, identified with striping and protected using bollards or islands, are strongly encouraged. (vii) Where existing vehicle parking is replaced with bicycle parking in accordance with Section 13.01, note 6, bicycle parking must still meet the standards herein and shall be safely separated LDR-19-01 Parking Standard Revisions 16 from vehicle parking spaces using striping, bollards, islands or other similar measures deemed adequate by the reviewing party. LDR-19-02 Transfer of Development Rights Technical Amendments 1 LDR-19-02 Transfer of Development Rights Technical Amendments 2.02 Specific Definitions *** Demolition. Any act or process that destroys in part or in whole a landmark, building, structure, or improvement. Density increase. For the purposes of the Transfer of Development Rights, the allowable increase in the amount of residential development of a receiving parcel, expressed as a higher maximum average number of dwelling units per acre of a receiving parcel than would be allowable on that parcel if it were part of a PUD that did not use TDR; allowing a higher average number of dwelling units for each acre of a receiving parcel also increases building bulk and lot coverage. *** 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. *** 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 3,200-acre area of the City known shown on the Official Zoning Map 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 LDR-19-02 Transfer of Development Rights Technical Amendments 2 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 (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 LDR-19-02 Transfer of Development Rights Technical Amendments 3 The planned maximum residential build-out in the SEQ District has long been limited to approximately 3,800 dwelling units, plus an allowance for affordable housing density bonuses. 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. 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. The maximum assigned density of a parcel shall be one point two (1.2) dwelling units and/or lots per gross acre. (1) SEQ-VC: Lots in the SEQ-VC sub-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 four (4) dwelling. units. 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 Development Density Allowable Density for Development that does not Include a Transfer of Development Rights. TIf a PUD does not use Transferrable Development Rights, the number of dwelling units that may be located ondeveloped, or the number of single family house lots that may be created, within a contiguous development parcel subject to a singlethe 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) SEQ-NRT: Four (4) dwelling units (du) to the acre (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 (6) SEQ-VC: Eight (8) dwelling units (du) to the acre and six (6) dwelling units per structure. (2) In the SEQ-NRT, SEQ-NR, SEQ-NRN and SEQ-VR sub-districts: One point two (1.2) dwelling units to the acre and four (4) dwelling units per structure. (3) In the SEQ-VC subdistrict: (a) For lots that were in existence as of the effective date of this Article and that are two acres or less in size: four (4) dwelling units to the acre LDR-19-02 Transfer of Development Rights Technical Amendments 4 (b) For all other lots: One point two (1.2) dwelling units to the acre and four (4) dwelling units per structure D. Allowable Density 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 and four (4) dwelling units per structure. (2) In the SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre and four (4) dwelling units per structure. (3) In the SEQ-VR and SEQ-VC sub-districts: Eight (8) dwelling units to the acre and six (6) dwelling units per structure. 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 increased density 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 for development on the receiving parcel beyond the maximum average density that would be allowable on that parcel if the PUD did not use transferrable development rights. 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. LDR-19-02 Transfer of Development Rights Technical Amendments 5 (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: (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; LDR-19-02 Transfer of Development Rights Technical Amendments 6 (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. 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. LDR-19-02 Transfer of Development Rights Technical Amendments 7 B. For all development other than that listed above in Section 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 aArticle. LDR-19-03 Draft River Corridor Standards 1 Amendment #LDR-19-03 Floodplain Overlay District and proposed River Corridors Overlay District 2.03 Definitions for Flood Hazard and River Corridor Purposes The following definitions shall apply to all lands within the Floodplain and River Corridor Overlay District. Area of special flood hazard. Synonymous in meaning with the term “special flood hazard area” for the purposes of this bylaw. Associated transportation and utility networks. Those transportation and utility networks connected to a bridge, culvert, or utility for the purpose of crossing a river or stream and do not include transportation or utility networks within the river corridor that merely run parallel to a river or stream. Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year (commonly referred to as the “100-year flood”). Base Flood Elevation (BFE). The elevation of the water surface elevation resulting from a flood that has a 1 percent chance of equaling or exceeding that level in any given year. On the Flood Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance Study report, or the average depth of the base flood, usually in feet, above the ground surface. Basement. Any area of a building having its floor elevation below ground level on all sides, including crawlspaces. Channel. An area that contains continuously or periodic flowing water that is confined by banks and a streambed. Common Plan of Development. Where a structure will be refurbished or constructed over a period of time under one approved plan or permit, but in separate stages, phases, or in combination with other construction activities. Such work might be planned unit by unit and may take place at different times, on different schedules. Compensatory storage. A volume not previously used for flood storage and which shall be incrementally equal to the theoretical volume of flood water at each elevation, up to and including the base flood elevation, which would be displaced by the proposed project. Such compensatory volume shall have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to waterways, such compensatory volume shall be provided within the same reach of the river, stream, or creek. Construction trailer. A vehicle which is: (1) built on a single chassis; (2) 500 square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable; and (4) designed for use as a temporary office facility used to support management of a construction project, and not as a permanent structure. LDR-19-03 Draft River Corridor Standards 2 Critical facilities. Facilities that are vital to public health and safety Includinges police stations, fire and rescue facilities, hospitals, and public and private schools, shelters, assisted living facilities, congregate care facilities, and skilled burning facilities. Designated center. A downtown, village center, new town center, growth center, or neighborhood development area designated pursuant to 24 V.S.A. Chapter 76A. Development. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Encroachment. Activities or construction including fill, substantial improvements, and other development that may cause an increase in flood levels. Equilibrium condition. The width, depth, meander pattern, and longitudinal slope of a stream channel that occurs when water flow, sediment, and woody debris are transported by the stream in such a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or degrading the channel bed elevation. Fill. Any placed material that changes the natural grade, redirects the movement of flood water, or diminishes the flood storage capacity at the site. Temporary storage of materials for less than 180 days is not considered fill. Flood. (a) a general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and mudslides which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; (b) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding. Flood fringe. The portion of the flood hazard area that is outside of the floodway but still inundated by the base flood (the flood having a one percent chance of being equaled or exceeded in any given year). Flood hazard. Those hazards related to damage from flood-related inundation or erosion. Flood hazard area. Shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1. “Area of special flood hazard” is synonymous with the term “special flood hazard area.” Flood Insurance Rate Map (FIRM). An official map of a community, on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. In some communities the hazard boundaries are available in paper, pdf, or Geographic Information System formats as a Digital Flood Insurance Rate Map (DFIRM). LDR-19-03 Draft River Corridor Standards 3 Flood Insurance Study. An examination, evaluation and determination of flood hazards and, if appropriate, the corresponding water surface elevations or an examination, evaluation and determination of mudslide (i.e., mudflow) and /or flood related erosion hazards. Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source (see definition of “flood”). Flood proofing. Any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Please note that Special Flood Hazard Areas and floodways may be shown on a separate map panels. Floodway, Regulatory in the City of South Burlington. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point. Fluvial erosion. The erosion or scouring of riverbeds and banks during high flow conditions of a river. Fluvial erosion is most likely to occur within the river corridor. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. Grading. The movement or replacement of topsoil or other material originating on the site and within the hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the hazard area and such new material is not offset with an equal or greater removal of material from the portion of the site within the hazard area, the new material shall be considered “fill” and shall not be considered grading. Historic Structure. Any structure that is: (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified LDR-19-03 Draft River Corridor Standards 4 either: (i) by an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. Infill development. A construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in an area that was not previously developed but is surrounded by existing development. Letter of Map Change (LOMC). A letter issued by FEMA officially removing a structure or lot from the flood hazard area based on information provided by a certified engineer or surveyor. This is used where structures or lots are located above the base flood elevation and have been inadvertently included in the mapped special flood hazard area. A LOMC can include a Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), Letter of Map Revision based on Fill (LOMR-F), or a Letter of Map Revision for a Floodway (LOMR-FW). Lowest floor. The lowest floor of the lowest enclosed area, including basement., except an An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. Manufactured home (or Mobile home). A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”. National Flood Insurance Program. The National Flood Insurance Program under 42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60. The National Flood Insurance Program aims to reduce the impact of flooding on private and public structures. It does so by providing affordable insurance to property owners in communities that adopt and enforce floodplain management regulations. These efforts help mitigate the effects of flooding on new and improved structures. Natural and beneficial floodplain functions. The functions associated with the natural or relatively undisturbed floodplain that includes moderating flooding, retaining flood waters, and reducing erosion, sedimentation and flood related damage. Ancillary beneficial functions include support of ecosystem services such as wildlife habitat, water quality, and recharge of ground water. New construction. Structures for which the start of construction commenced on or after the effective date of the floodplain management regulation and/or the River Corridor regulations adopted by the community and includes any subsequent improvements to such structures. Non-residential. Uses not defined as “Residential Use” in Section 2.02. Public water access. A public access to a water of the State and, except for toilet facilities, shall not include structures as defined in this bylaw. Recreational vehicle. A vehicle which is: (a) Built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. LDR-19-03 Draft River Corridor Standards 5 Redevelopment. The construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other development in a previously developed area. The term includes substantial improvements and repairs to substantially damaged buildings. Replacement structure. A new building placed in the same footprint as the pre-existing building and does not include a change in use. River. The full length and width, including the bed and banks, of any watercourse, including rivers, streams, creeks, brooks, and branches which experience perennial flow. “River” does not mean constructed drainageways, including water bars, swales, and roadside ditches. River corridor. The land area adjacent to a river that is required to accommodate the dimensions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial erosion hazards, as delineated by the Vermont Agency of Natural Resources in accordance with river corridor protection procedures. (10 V.S.A. § 1422). Special Flood Hazard Area. The floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. For purposes of these regulations, the term “area of special flood hazard” is synonymous in meaning with the phrase “special flood hazard area”. This area is usually labeled Zone A, AO, AH, AE, or A1-30 in the most current flood insurance studies and on the maps published by the Federal Emergency Management Agency. Maps of this area are available for viewing in the municipal office or online from the FEMA Map Service Center: msc.fema.gov. Base flood elevations have not been determined in Zone A where the flood risk has been mapped by approximate methods. Base flood elevations are shown at selected intervals on maps of Special Flood Hazard Areas that are determined by detailed methods. Please note, where floodways have been determined they may be shown on separate map panels from the Flood Insurance Rate Maps. Start of construction. For purposes of floodplain management, determines the effective map or bylaw that regulated development in the Special Flood Hazard Area. The “start of construction” includes substantial improvement, and means the date the zoning permit was issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of LDR-19-03 Draft River Corridor Standards 6 accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, regardless whether that alteration affects the external dimensions of the building. Storage. The aggregation of materials, items, or objects whether natural or human-made; that is kept as a stockpile, collection, or inventory; where individual materials from the stockpile, collection or inventory may change, but where the general footprint of the stored materials continues to be used for the same purpose; whether set upon the land or within a container, structure, or facility; and that would not otherwise be in compliance with these development standards. Structure. For regulatory purposes under this bylaw, a walled and roofed building, as well as a manufactured home, and any related built systems, including gas or liquid storage tanks. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a structure after the date of adoption of this bylaw, the cost of which, over three years, or over the period of a common plan of development, cumulatively equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (b) Any alteration of an “historic structure”, provided that the alteration will not preclude the structure’s continued designation as an “historic structure”. Top of bank. The point along a streambank where an abrupt change in slope is evident, and where the stream is generally able to overflow the banks and enter the adjacent floodplain during flows at or exceeding the average annual high water stage. Top of slope. A break in slopes adjacent to steep-banked streams that have little or no floodplain; or a break in slope where the side slopes adjacent to an incised, or deeply cut, channel meet floodplains that have been abandoned or are undergoing abandonment. LDR-19-03 Draft River Corridor Standards 7 Violation. The failure of a structure or other development to be fully compliant with this bylaw. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3 is presumed to be in violation until such time as that documentation is provided. Watercourse. Any perennial stream and shall not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure. Wet-floodproofing. Permanent or contingent measures applied to a structure that prevent or provide resistance to damage from flooding by allowing water to enter the structure in accordance with Technical Bulletin 7 published by FEMA. https://www.fema.gov/media-library/assets/documents/3503 … 3.01 Establishment of Districts and Description of Certain Districts A. Establishment of Districts. For the purpose of these regulations, the City of South Burlington is hereby divided into the districts shown on the Official Zoning Map. This zoning code also contains provisions for overlay districts and a floating district. … (5) Overlay Districts. The following overlay districts are shown on the Overlay Districts Map: FP Floodplain Overlay District Traffic Overlay District Scenic View Protection Overlay District IHO Interstate Highway Overlay District TO Traffic Overlay District SVP Scenic View Protection Overlay District Transit Overlay District Urban Design Overlay District BBW Bartlett Brook Watershed Protection Overlay District PBW Potash Brook Watershed Protection Overlay District (reserved) River Corridor Overlay District B. Description of Certain Districts. … (5) River Corridor Overlay District. The boundaries of the River Corridor Overlay District shall include those areas mapped as Statewide River Corridors in the City of South Burlington, Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data based on field-based assessments which are hereby adopted by reference. On perennial streams with a watershed size greater than half a square mile for which River Corridors are not mapped, the standards in G. (4) Development Standards of Section 10.07 River Corridor Overlay District shall apply to the area measured as 50 feet from the top of the stream bank or slope. … 11 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO 10.01 Flood Plain Overlay District 10.02 Traffic Overlay District LDR-19-03 Draft River Corridor Standards 8 10.03 Scenic View Protection Overlay District 10.04 Interstate Highway Overlay District 10.05 Transit Overlay District 10.06 Urban Design Overlay District 10.07 River Corridor Overlay District …………………………….. … 10.07 River Corridor Overlay District (RCO) A. Purpose. It is the purpose of the River Corridor Overlay District to: (1) Establish protection of the river corridor to provide rivers and streams with the lateral space necessary to maintain or reestablish floodplain access and minimize erosion hazards through natural, physical processes; (2) Allow for wise use of property within river corridors that minimizes potential damage to existing structures and development from flood-related erosion; (3) Discourage encroachments in undeveloped river corridors; and (4) Reasonably promote and encourage infill and redevelopment of designated centers that are within river corridors. B. Authority. In accordance with 24 V.S.A. Chapter 117, §4424, and §4414, there is hereby established a bylaw for areas at risk of erosion damage in the City of South Burlington Vermont. These regulations shall apply to development in all areas in the City of South Burlington identified as within the River Corridor Overlay District designated in Section 3.01(B). C. Comprehensive Plan. These regulations hereby implement the relevant portions of the City of South Burlington's adopted Comprehensive Plan and are in accord with the policies set forth therein. D. Warning of Disclaimer of Liability. This bylaw does not imply that land outside of the areas covered by this overlay district will be free from erosion damages. This regulation shall not create liability on the part of the City of South Burlington, or any municipal official or employee thereof, for any erosion damages that result from reliance on this regulation, or any administrative decision lawfully made hereunder. E. Precedence of Bylaw. The provisions of this River Corridor Overlay District shall not in any way impair or remove the necessity of compliance with any other local, state, or federal laws or regulations. Where this regulation imposes a greater restriction the provisions here shall take precedence. F. District General Provisions (1) Establishment of RCO District. The RCO is an overlay district. All other requirements of the underlying district or another overlay district such as the Flood Hazard Overlay District, shall apply in addition to LDR-19-03 Draft River Corridor Standards 9 the provisions herein, unless it is otherwise so indicated. If there is a conflict with another such district, the stricter provision shall apply. (2) RCO District Boundaries (a) Section 10.07 shall apply to the Statewide River Corridors in the City of South Burlington, Vermont, as published by the Agency of Natural Resources (ANR) including refinements to that data based on field-based assessments which are hereby adopted by reference. (b) On perennial streams with a watershed size greater than half a square mile for which River Corridors have not been mapped by the State of Vermont, the standards in this Section shall apply to the area measured as fifty (50) feet from the top of the stream bank or slope, whichever is applicable based on a field determination consistent with the Vermont ANR Flood Hazard and River Corridor Protection Procedure. (c) Requests to update a river corridor map shall be in accordance with the procedure laid out in the ANR Flood Hazard Area and River Corridor Protection Procedure. (3) Jurisdictional Determination and Interpretation The information presented on any maps, or contained in any studies, adopted by reference, is presumed accurate. If uncertainty exists with respect to the boundaries of the RCO the location of the boundary on the property shall be determined by the Administrative Officer (AO). If the applicant disagrees with the determination made by the AO or the river corridor as mapped, the applicant has the option to either: (a) Hire a licensed land surveyor or registered professional engineer to stake out the RCO boundary on the property; or (b) Request a letter of determination from ANR which shall constitute proof of the location of the river corridor boundary. In support of a letter of determination request, applicants must provide ANR a description of the physical characteristics that bring the river corridor delineation into question (e.g. the presence of bedrock or other features that may confine lateral river channel adjustment. When ANR receives a request for a letter of determination, ANR evaluates the site and existing data to see if a change to the river corridor delineation is justified, necessitating a river corridor map update. An ANR letter of determination will either confirm the existing river corridor delineation or will result in an update to the river corridor delineation for the area in question. If a map update is justified, an updated map will be provided with the letter of determination. G. Prohibited, Exempted, and Permitted Development in River Corridors (1) Prohibited Development in the RCO District The following are prohibited in the RCO District (a) New structures, fill, accessory dwellings and any other development that is not expressly listed as an Exempted Activities or Permitted Development as described below. (2) Exempted Activities The following activities do not require a permit under this section of the bylaw: LDR-19-03 Draft River Corridor Standards 10 (a) The removal of a building or other improvement in whole or in part, so long as the ground elevations under and adjacent to the removed structure remain unchanged. (b) Any changes, maintenance, repairs, or renovations to a structure that will not result in a change to the footprint of the structure or a change in use. (c) Maintenance of existing sidewalks, roads, parking areas, or stormwater drainage; this does not include expansions. (d) Maintenance of existing bridges, culverts, and channel stabilization activities; this does not include expansions. (e) Construction or repair of stream crossing structures (bridges and culverts), associated transportation and utility networks (New transportation or utility development that runs parallel to the river is not exempt and shall meet the Development Standards in section 10.07(I) below, dams, dry hydrants, and other functionally dependent uses that must be placed in or over rivers and streams that are not located in a flood hazard area and that have coverage under a Stream Alteration Permit, if required, under 10 V.S.A. Chapter 41 and the rules adopted thereunder. (f) Activities exempt from municipal regulation and requiring a permit under the State’s “Vermont Flood Hazard Area and River Corridor Rule” (Environmental Protection Rule, Chapter 29): (i) State-owned and operated institutions and facilities. (ii) Forestry operations or silvicultural (forestry) activities conducted in accordance with the Vermont Department of Forests and Parks Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont or other accepted silvicultural practices, as defined by the Commissioner of Forests, Parks and Recreation. (iii) Agricultural activities conducted in accordance with the Vermont Agency of Agriculture, Food and Market’s Required Agricultural Practices (RAPs). Prior to the construction of farm structures, the farmer shall notify the AO in writing of the proposed activity. The notice shall contain a sketch of the proposed structure including setbacks. (iv) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. § 248. (v) Telecommunications facilities regulated under 30 V.S.A. § 248a. (g) Planting projects which do not include any construction or grading activities in accordance with 24 V.S.A. § 4424(c). (h) Subdivision of land that does not involve or authorize development. (3) Permitted Development. The following development activities in the RCO District are permissible upon approval and provided they meet all other requirements of the LDRs. (a) Construction or additions to accessory structures that do not exceed, cumulatively, 500 square feet, and are not used for habitation. (b) Improvements to existing utilities that are along an existing right of way and serve a building. (c) Replacement of on-site septic systems. (d) Construction of or additions to an attached, unenclosed deck or patio to an existing structure, where such construction or additions are cumulatively 200 square feet or less and isare located no less than 100 feet from the top of bank (or top of slope, if applicable). LDR-19-03 Draft River Corridor Standards 11 (e) River or floodplain restoration projects that do not involve fill, structures, utilities, or other improvements, and which have written confirmation from the ANR Regional Floodplain Manager that the project is designed to meet or exceed the applicable standards in this bylaw. H. Development Review Classification & Referral to Outside Agencies (1) A zoning permit is required from the Administrative Officer for all development, as defined in Section 2.03 (Floodplain and River Corridor Definitions), in the River Corridor Overlay District. All permits shall require that a permittee have all other necessary permits from state and federal agencies before work may begin. (a) If a permitted development activity listed in subsection G(3) above meets the infill or shadowing criteria described in subsection I(2)(a) or I(2)(b), then the activity shall require an administrative review by the AO and may receive a Zoning Permit from the AO. (b) If permitted development activity listed in subsection G(3) above does not meet the infill or shadowing criteria subsection I(2)(a) or I(2)(b) then the proposal shall be reviewed by the Development Review Board as a Conditional Use and the DRB must find that the proposed development meets the River Corridor Performance Standard outlined in I(2)(c) prior to issuance of a Zoning Permit by the AO. (2) Referrals to outside agencies (a) Upon receipt of a complete application for new construction or a substantial improvement, the Administrative Officer shall submit a copy of the application and supporting information to the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, in accordance with 24 V.S.A. § 4424. A permit may be issued only following receipt of comments from the Agency, or the expiration of 30 days from the date the application was mailed to the Agency, whichever is sooner. The AO and DRB shall consider all comments from ANR. (b) If the applicant is seeking a permit for the alteration or relocation of a watercourse, copies of the application shall also be provided to the following entities: affected adjacent communities, the River Management Engineer at the Vermont Agency of Natural Resources, the Army Corps of Engineers, and the State National Flood Insurance Program (NFIP) Coordinator at the Vermont Agency of Natural Resources, Department of Environmental Conservation. A permit may be issued only following receipt of comments from the Vermont Agency of Natural Resources, or the expiration of 30 days from the date the application was mailed to the Vermont Agency of Natural Resources, whichever is sooner. I. Development Standards. The criteria below are the minimum standards for development in the RCO District. Where more than one district is involved, the most restrictive standard shall take precedence. (1) Development within designated centers shall be allowed within the river corridor if the applicant can demonstrate that the proposed development will not be any closer to the river than pre-existing adjacent development. LDR-19-03 Draft River Corridor Standards 12 (2) Development outside of designated centers shall meet the following criteria: (a) In-Fill Between Existing Development: Development must be located no closer to the channel than the adjacent existing primary structures, within a gap that is no more than 300 feet (see Figure 1); or, (b) Down River Shadow: A non-habitable addition (garage, deck, patio, stairs, etc) to an existing habitable structure, or an accessory structure that is adjacent to an existing structure, shall be located in the shadow area directly behind and further from the channel than the existing structure, or within 50 feet to the downstream side and no closer to the top of bank or slope, as applicable. Below-ground utilities may also be placed within the same shadow dimensions of an existing below-ground system (see Figure 2); or, (c) River Corridor Performance Standard. (i) The proposed development shall: a. not be placed on land with a history of fluvial erosion damage or be imminently threatened by fluvial erosion; and, Figure 1: In-fill Development Standard Figure 2: Shadow Area Development Standard LDR-19-03 Draft River Corridor Standards 13 b. not cause the river reach to depart from or further depart from the channel width, depth, meander pattern, and slope associated with natural stream processes and equilibrium conditions; and, c. not result in an immediate need or anticipated future need for stream channelization solely as a result of the proposed development, that would increase flood elevations and velocities or alter the sediment regime triggering channel adjustments and erosion in adjacent and downstream locations. (ii) In making its determination, the DRB may request or consider additional information to determine if the proposal meets the River Corridor Performance Standard, including: a. Description of why the shadowing and infill criteria in sub sections I(2)(a) and I(2)(b) above cannot be met; b Data and analysis from a consultant qualified in the evaluation of river dynamics and erosion hazards; c. Comments provided by the DEC Regional Floodplain Manager on whether the proposal meets the River Corridor Performance Standard. J. Submission Requirements. In addition to all information required for permitted development, the application shall include: (1) Plan. A plan that depicts the proposed development, all water bodies, all River Corridor Overlay District boundaries the shortest horizontal distance from the proposed development to the top of bank (and/or top of slope, if applicable) of any river, any existing and proposed drainage, any proposed fill, pre- and post-development grades, and the elevation of the proposed lowest floor as referenced to the same vertical datum as the elevation on the current Flood Insurance Rate Maps; (2) Project Review Sheet. A Vermont Agency of Natural Resources Project Review Sheet. The Project Review Sheet shall identify all State and Federal agencies from which permit approval is required for the proposal and shall be filed as a required attachment to the municipal permit application. The identified permits, or letters indicating that such permits are not required, shall be submitted to the Administrative Officer and attached to the zoning permit before work can begin. (3) Supplemental Application Requirements. (a) Information clearly demonstrating how the proposed development meets the infill or shadowing requirements in subsection 10.07(I) Development Standards above; or (b) A narrative and supporting technical information from a qualified consultant that demonstrates how the proposal meets the River Corridor Performance Standard in subsection 10.07(I) Development Standards above, or (c) Evidence of an approved major or minor map update issued by ANR in accordance with the process outlined in the DEC Flood Hazard Area & River Corridor Protection Procedure, finding the proposed development is not located within the river corridor. (4) Waivers. Upon written request from the applicant, the Administrative Officer or DRB may waive specific application requirements when the data or information is not needed to comply with Section 10.07 of this bylaw. K. Permit Conditions LDR-19-03 Draft River Corridor Standards 14 Permits for public water accesses and unimproved paths that provide access to the water for the general public and promote the public trust uses of the water shall include a condition prohibiting the permittee from actively managing the section of river to solely protect the public water access from lateral river channel adjustment. BurlingtonInternational Airport NOT A VPZ HINESBURGRD. - NORTH DORSETPARK SPEAR ST. -OVERLOOK PARK DORSETPARKSPEAR ST. -OVERLOOK PARK SPEAR ST. -OVERLOOK PARK DORSET PARK SPEAR ST.- RIDGE DORSETPARKDORSETPARK HINESBURGRD. - SOUTH Overlay Districts- Map 1 ¹ Disclaimer:Some areas may be subject to more than one overlay district.The accuracy of information presented is determined by its sources.Errors and omissions may exist. The City of South Burlington is not responsible for these. Questions of on-the-ground location can beresolved by site inspections and/or surveys by registered surveyors.This map is not sufficient for delineation of features on the gound. This map identifies the presence of features, and may indicate relationships between features, but it is not a replacement for surveyed information or engineering studies.Map updated by South Burlington GIS. All data is in State Plane Coordinate System, NAD 1983.* Approximate area of applicability. See Section 10.07 for standards 0 2,000 4,0001,000 Feet DRAFT JGrossman 2019.07.05 P:\Planning&Zoning\mapRequests\OverlayDistricts_Map_1_20190705.mxd South Burlington, Vermont Map Features Roads Tax Parcel Boundaries Urban Design Overlay District River Corridors Overlay District State Mapped River Corridors Primary Node Secondary Node Urban Design Overlay Form Based Code Gateway Area Gateway Area Flood Plain Overlay District Zone A - 100-year Flood Plain Scenic View Protection Overlay District Dorset Park Hinesburg Road - North Hinesburg Road - South Spear Street - Overlook Park Spear Street - Ridge Perennial Stream >2 Acres watershed, are of applicability* LDR-19-04 Lake Champlain setback 1 LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District OPTION 1 10.01 General Stream and Surface Water Protection Standards … C. Surface Water Buffer Standards (“Stream Buffers”) (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (a) All land within one hundred (100) feet horizontal distance of the centerline of Muddy Brook and the main stem of Potash Brook, with the exception of lands within the Queen City Park zoning district which shall be subject to the provisions of (D) below. (b) All land within one hundred (100) feet horizontal distance of the edge of the channel of the Winooski River (c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream (d) All land within ten (10) feet horizontal distance of the centerline of a drainage way (e) Land adjacent to adjacent to the high water elevation of Lake Champlain. All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. … D. Pre-Existing Structures along Lake Champlain and within Queen City Park (1) Applicability. The provisions of this section shall apply to preexisting structures within the areas defined as follows: (a) All lands within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum; (b) All lands within the Queen City Park zoning district located within one hundred (100) feet horizontal distance of the centerline of Potash Brook. (2) Expansion and construction of pre-existing structures. Within the areas defined in Section (D)(1) above, the expansion and reconstruction of pre-existing structures may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: LDR-19-04 Lake Champlain setback 2 (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. For purposes of these Regulations, expansion may include the construction of detached accessory structures including garages and utility sheds. (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (50%) larger than the footprint of the structure lawfully existing on April 24, 2000. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. (d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. (e) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. (3) D. Erosion control measures and water-oriented development along Lake Champlain. Within the area along Lake Champlain defined in Section (D)(1)(a) above, tThe installation of erosion control measures and water-oriented development within or adjacent to the high water elevation of Lake Champlain, which for the purposes of these Regulations shall be one hundred two (102) feet above mean sea level datum, may be approved by the DRB as a conditional use provided the following standards are met: (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. (b) The improvement will not increase the potential for erosion. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or other additional information relevant and necessary to evaluating the visual impact of the proposed improvement. (d) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. OPTION 2 10.01 General Stream and Surface Water Protection Standards … LDR-19-04 Lake Champlain setback 3 C. Surface Water Buffer Standards (“Stream Buffers”) (1) Applicability. The requirements of this Section shall apply to all lands described as follows: (a) All land within one hundred (100) feet horizontal distance of the centerline of Muddy Brook and the main stem of Potash Brook, with the exception of lands within the Queen City Park zoning district which shall be subject to the provisions of (D) below. (b) All land within one hundred (100) feet horizontal distance of the edge of the channel of the Winooski River (c) All land within fifty (50) feet horizontal distance of the centerline of any minor stream (d) All land within ten (10) feet horizontal distance of the centerline of a drainage way (e) Land adjacent to adjacent to the high water elevation of Lake Champlain. All land within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum. … D. Pre-Existing Structures along Lake Champlain and within Queen City Park (1) Applicability. The provisions of this section shall apply to preexisting structures within the areas defined as follows: (a) Land adjacent to adjacent to the high water elevation of Lake Champlain All lands within one hundred fifty (150) feet horizontal distance of the high water elevation of Lake Champlain, which for purposes of these regulations shall be one hundred two (102) feet above mean sea level datum; (b) All lands within the Queen City Park zoning district located within one hundred (100) feet horizontal distance of the centerline of Potash Brook. (2) Expansion and construction of pre-existing structures. Within the areas defined in Section (D)(1)(b) above, the expansion and reconstruction of pre-existing structures may be approved by the DRB as a conditional use provided the requirements of the underlying zoning district and the following standards are met: (a) The structure to be expanded or reconstructed was originally constructed on or before April 24, 2000. For purposes of these Regulations, expansion may include the construction of detached accessory structures including garages and utility sheds. (b) The expanded or reconstructed structure does not extend any closer, measured in terms of horizontal distance, to the applicable high water elevation or stream centerline than the closest point of the existing structure. (c) The total building footprint area of the expanded or reconstructed structure shall not be more than fifty percent (50%) larger than the footprint of the structure lawfully existing on April 24, 2000. For purposes of these regulations, reconstruction may include razing the existing structure and/or foundation and constructing a new structure in accordance with the provisions of the underlying zoning district regulations and this section. LDR-19-04 Lake Champlain setback 4 (d) An erosion control plan for construction is submitted by a licensed engineer detailing controls that will be put in place during construction or expansion to protect the associated surface water. (e) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. (3) Erosion control measures and water-oriented development along Lake Champlain. Within the area along Lake Champlain defined in Section (D)(1)(a) above, the installation of erosion control measures and water-oriented development may be approved by the DRB as a conditional use provided the following standards are met: (a) The improvement involves, to the greatest extent possible, the use of natural materials such as wood and stone. (b) The improvement will not increase the potential for erosion. (c) The improvement will not have an undue adverse impact on the aesthetic integrity of the lakeshore. In making a determination pursuant to this criterion, the DRB may request renderings or other additional information relevant and necessary to evaluating the visual impact of the proposed improvement. (d) A landscaping plan showing plans to preserve, maintain and supplement existing trees and ground cover vegetation is submitted and the DRB finds that the overall plan will provide a visual and vegetative buffer for the lake and/or stream. LDR-19-05 Administrative Amendments 1 LDR-19-05 Administrative Amendments: Umbrella Approvals, Field Changes, Combined Approval, and 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. LDR-19-05 Administrative Amendments 2 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, in writing, at his/her own determination or upon the request of the applicant, minor adjustments to a site plan which do not affect the substance of the site plan 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)(a) 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. LDR-19-05 Administrative Amendments 3 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); LDR-19-05 Administrative Amendments 4 (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. Appendix E: Submission Requirements Site Plan Sketch Plan Master Plan Major Prelim Major Final Minor Final Subdiv Sketch Subdiv Final DRB Non- subdiv. Admin / Site Plan Submittal requirement √√√√√√√√√√Completed application form; three (3) one (1) full-sized, one (1) reduced [11" x 17"], and one (1) digital copy of plans; and a list of the owners or record of abutting property owners All Districts Except City Center FBC City Center FBC District BASIC INFORMATION LDR-19-06 Open Space Types & FBC applicability 1 LDR-19-06 Modify Table of Open Space Types (Appendix F) and Applicability in the City Center Form Based Code District 8.08 Open Space Requirements … C. Qualifying Open Space. Qualifying Open Space is defined per the palette of options included in Table 8-2, and specifically excludes areas also intended for motor vehicular use, such as parking areas, driveways, travel lanes, etc. Table 8-2. Qualifying Open Space Transect Zone Allowable Open Space (see Appendix F for standards) T5 Pocket/Mini Park Plaza/Square Outdoor café/restaurant seating (not within the public right-of-way) Sun Terrace (as restricted in Appendix F) Courtyard Pedestrian Pass Indoor Park / Atrium T4 All Open Space listed as allowable in T5 and; Playgrounds Green (residential and campus style development only) Community gardens Rain Gardens (as restricted in Appendix F) Wooded area (as restricted in Appendix F) Enhanced or recreational Wetlands/Stormwater Treatment Area (as restricted in Appendix F) T3/T3+ Pocket/Mini Park Courtyard Green- residential with more than 7 units only Private yard space (respecting common space requirement indicated in Table 8-1) Playground Community gardens Wooded area (as restricted in Appendix F) APPENDIX F Open Space RequirementsLDR‐19‐06Plaza/Square Green Pocket/Mini ParkNeighborhood ParkPlayground Outdoor Café/ Restaurant SeatingSun Terrace Indoor Park/Atrium Courtyard Wooded AreaCommunity Shared Garden SpaceApplicability as Qualifying Open Space (PUD Types or Zones)All FBC Districts; UDO district All districts except FBC T5 All districts All districts except FBC T5 All districtsAll districts which permit restaurant (or similar dining) useAll buildings having 3 or greater stories; residential 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 IntentPrimarily 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 drinkAccessible 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 marketFor 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 encouragedFronts 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. 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 permittedPermitted 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 requirementsNo 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. Shall include added ammenities specifically intended for play by toddlers and young children, to the satisfaction of the Administrative Officer in consultation with the Director of Recreation and Parks. Creativity in design strongly encouraged. Plan shall be established and submitted to ensure continual use and maintenance of the gardens, whether by residents, association, property owner or property manager. 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 seatMaterialsAll products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application.1 APPENDIX F Open Space RequirementsLDR‐19‐06Applicability as Qualifying Open Space (PUD Types or Zones)Description & Service IntentSize Location & Access Seating*, Tables, Etc. Landscaping, Design-Commerical Services, Food Sunlight and Wind Other Notes:Seating dimensions:MaterialsRain GardenSnippet/ ParkletPedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment AreaPrivate Yard SpaceDog Walk and Play AreaAll 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.FBC T-3 and T3+ 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 unitsFenced dog play areas in private and public spaces; separate spaces for sm and lg dogMaximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space.500-3,000 sq. ft8' 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.Landscaping, 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.Permitted40% 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. 2 LDR-19-07 Solar Canopies 1 LDR-19-07 Landscaping Associated With Solar Canopies 13.06 Landscaping, Screening, and Street Trees … B. Landscaping of Parking Areas. Except for parking spaces accessory to a one-family or two-family dwelling, all off-street parking areas subject to review by the Development Review Board, shall be curbed and landscaped with appropriate trees, shrubs, and other plants including ground covers, as approved by the Development Review Board. Sections of recessed curb are permitted if their purpose is to allow stormwater runoff from the adjacent parking area to reach stormwater collection, treatment and management infrastructure. The Development Review Board shall consider the adequacy of the proposed landscaping to assure the establishment of a safe, convenient, and attractive parking area and the privacy and comfort of abutting properties. (1) All off-street parking areas shall be landscaped around the perimeter of the lot with trees, shrubs and other plants. Perimeter planting shall be set back from the curb sufficiently to allow for snow storage. The purpose of perimeter planting shall be to mitigate the view of the parking lot from the public way and from adjacent uses and properties, and to provide shade and canopy for the parking lot. In some situations it may be necessary both for surveillance purposes and for the perception of safety to install the size and type of plants that leave visual access between the parking lot to the public way or other pedestrian areas. (2) In all parking areas containing twenty-eight (28) or more contiguous parking spaces and/or in parking lots with more than a single circulation lane, at least ten percent (10%) of the interior of the parking lot shall be landscaped islands planted with trees, shrubs and other plants. Such requirement shall not apply to structured parking or below-ground parking. (3) All interior and perimeter planting shall be protected by curbing unless specifically designed as a collection and treatment area for management of stormwater runoff as per 13.06(B)(5)(c) below. Interior planted islands shall have a minimum dimension of six (6) feet on any one side, and shall have a minimum square footage of sixty (60) square feet. Large islands are encouraged. (4) Landscaping Requirements (a) Landscaping shall include a variety of trees, shrubs, grasses and ground covers. All planting shall be species hardy for the region and, if located in areas receiving road runoff or salt spray, shall be salt-tolerant. (b) At least one (1) major deciduous shade tree shall be provided within or near the perimeter of each parking area, for every five (5) parking spaces. The trees shall be placed evenly throughout the parking lot to provide shade and reduce glare. Trees shall be placed a minimum of thirty (30) feet apart. (c) Trees shall have a caliper equal to or greater than two and one-half (2 ½) inches when measured on the tree stem, six (6) inches above the root ball. (d) Where more than ten (10) trees are installed, a mix of species is encouraged; the species should be grouped or located in a manner that reinforces the design and layout of the parking lot and the site. LDR-19-07 Solar Canopies 2 (e) Within the City Center FBC District, landscaping required within this section shall not count towards meeting minimum landscape budget requirements as detailed in Section 13.06(G). (f) Solar Canopies. Where canopies that serve as solar electricity generation facilities are proposed over parking areas, the requirements of subsections (2) and (4)(b) shall not apply to those areas. 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: Conservation Development PUD Typology DATE: July 9, 2019 Committee meeting One of several types of PUDs under consideration is the Conservation PUD. Attached is an outline with description, purpose, applicability, criteria, elements, land use allocations, and more. I’ve also attached the PUD typology board for sake of comparison, though none of that is changed or newly proposed. The conservation PUD typology is timely given the recent work through natural resources and potential for development or subdivision of lands which include some of the identified resources. For example, as drafted and as you may recall from the Subdivision standards draft, a conservation PUD is proposed to be required for development of lands are more than 50% of an identified set of natural resources. Staff is still working through some of our own notes and questions, and will be following up with the consultant team on these. A separate memo related to the geographical context of PUD types will address the appropriate geography for this PUD type. Some of the specific references to resources, including the references for primary and secondary resources, may be considered placeholders in terms of language and will further defined as we return to a full commission discussion of resource types and degrees of impacts. There are several areas here though which are already ripe for policy discussion. We believe that this is on the right track. Please let us know if there is anything here that you disagree with or that you wish further discussion of. Conservation Development  Description: Type of planned development designed to conserve the City’s most significant natural resources  Purpose [Review against Comp Plan, Resource Protection Standards]:  To protect public health, safety and welfare by limiting land subdivision and development within environmentally hazardous areas [primary conservation areas]  To minimize subdivision and development and mitigate the adverse impacts of allowed encroachments within ecologically sensitive areas [secondary conservation areas]  To conserve the City’s most significant natural [and scenic] resources and productive farm [and forest] land  To reserve and establish open space areas for natural resource conservation, public enjoyment and stormwater management  To conserve, restore and enhance biological diversity within the City, through careful site planning and development designed to avoid adverse impacts to critical wildlife resources, and to incorporate significant natural areas, communities and wildlife habitats in conserved open space  To allow for a more efficient, clustered form of development that avoids resource fragmentation, minimizes encroachments within conserved open space areas and reduces the extent and cost of supporting facilities and infrastructure.  Applicability [triggers…]:  Required in the following zoning districts: _____________________________________________  Allowed in the following zoning districts: _____________________________________________  Required if 50+% of total tract area to be subdivided and developed is included in primary and secondary conservation areas [in all districts or noted zoning/overlay districts?]  Land Use Allocations/Targets (based on total parcel/tract area, less street rights-of-way):  Open Space: Minimum 70%  Resource [Conservation] Land: Minimum 65% [primary, secondary conservation areas]  Civic Space: Minimum 2% (Development Areas) [per allowed Open/Civic Space Types]  Residential: Minimum 15% [per allowed uses, building types]  Nonresidential: Minimum 5% [per allowed uses, building types]  Civic Uses: Minimum 2% [ [per allowed uses; see LDR definition…]  Unallocated: 10%  Design Criteria/Elements [Standards/Guidance – review in relation to Resource Protection Standards]  Primary focus (PUD layout and design): Resource conservation, including the designation of contiguous primary and secondary resource conservation areas *Graphically outline, define conservation design process  Subzones: Conservation Area, Development Area  Conservation Area(s): Minimum of [65%] of total tract area in resource open space, to include all primary conservation areas, and priority secondary conservation areas identified on the tract.  Conservation Areas to be maintained as designated open space, in single or common ownership and management [under a permanent conservation easement]. No further subdivision allowed; long-term resource management plan may be required.  Conservation areas may serve as sending areas for TDR  Designated conservation areas must link to and extend contiguous conservation areas on adjoining properties.  Separate access must be provided to designated conservation areas as necessary for sustainable, long-term resource management  Buildings within a designated Conservation Area are limited to those buildings and other structures that are clearly necessary and accessory to the intended use and must be located and clustered within a building envelope designated for this purpose  Ground mounted solar arrays to be sited within a designated Conservation Area must be located within a building [development] envelope specifically designated for this purpose, which is delineated to exclude primary conservation areas, and to minimize and mitigate impacts to protected resources within secondary conservation areas – e.g., along field edges or clustered on the least productive or environmentally sensitive land.  Development Area(s): Maximum [30%] of total land area, configured to exclude designated Conservation Area(s), and to include all building lots, parking areas, civic open space and supporting infrastructure  Building lots must be clustered within a designated development area, in a compact, walkable, street and block pattern, with principal buildings fronting local streets or a central green  Designated development areas must be served by an interconnected street, bicycle and pedestrian sidewalk or path network that provides access to all building lots, common parking areas and civic spaces, and to existing or planned development on adjoining properties (see allowed street types)  Pedestrian, bicycle and transit connections to existing or planned public facilities or routes located within [½-] mile of the tract, to serve residents of the subdivision [or payments in lieu?] must also be incorporated in PUD layout and design.  Street, path and utility corridors (easements, rights-of-way) serving designated development areas must be configured to avoid resource fragmentation, and to minimize encroachments within and mitigate adverse impacts to designated conservation areas in accordance with resource-specific protection measures under Article ___ [Article 12 and/or Article 15]  A dead-end street up to [200] feet in length may be allowed only where necessary due to physical site constraints, or to avoid resource fragmentation and encroachment within a designated conservation area.  Buffers must be provided between incompatible residential and nonresidential uses (e.g., active farming operations). Buffers must be of sufficient width and density to minimize nuisances (noise, dust, glare, odors, …) to neighboring properties.  Development areas must include a mix of housing types (see allowed building types)  Development areas must include designated civic spaces to serve residents of the development (see allowed open space types). This may include adjoining conserved resource land that is actively managed for public access and recreational use.  An accessory structure, including a detached garage or carriage house, must be located to the rear of the building lot, behind the principal building, outside of required setback areas. An attached garage must be set back at least [8] feet (SEQ) from the primary building façade/building line [Note: See also Figure 9-7: Residential Garage Placement Options, p.151].  Shared access to designated civic space and publicly accessible conservation areas is required; direct access from individual building lots is prohibited.  Solar facilities within a designated Development Area are limited to parking canopy or roof mounted solar panels.  Other? ___________________________________________________________________  Dimensional Standards (Development Areas, Building Lots)  Minimum Conservation PUD Area: [10] acres; or as otherwise required (if 50+% total area=conservation)  Yield density to be calculated based on total tract acreage [less street ROWs and common civic space area, any TDR allocation], and underlying zoning district dimensional, density requirements  Minimum Residential Density (within Development Area): Maximum zoning district density or [4] DU/acre, whichever is greater [Note: SEQ max avg PUD density varies by subdistrict from 4 DU to 8 DU/acre]  Bonus Density (within Development Area) – 1.5 x minimum density or 6 DU/acre, whichever is greater—for affordable housing, other (e.g., solar/renewable)?  Maximum density to be determined based on allowed building types (see below) and minimum district lot coverage requirements.  Max dwelling units per structure: [4] – vary by underlying zoning district? [SEQ: 4 – 6 DU/structure]  Min/Max block length: 300/500 FT [SEQ: between streets; also maximum perimeter?]  Min/max building lot area: 10,000 SF [check against allowed building types]  Min/max building lot width/frontage: 50 FT [current, check against allowed building types]  Min/max building height: 1 / 2.5 stories [check against allowed building types]  Min/max front setback (frontage area): _______________________  Other? ____________________________________________________________________  Allowed Uses:  Principal and accessory uses as specified for the underlying district(s), located within or in association with an allowed building or open space type [Review by district w/ re to any uses that should be specifically prohibited within this PUD type.]  Allowed Types/Forms:  Required Open Space Types (Conservation Area): Resource Land [Define to include/incorporate listed resources/primary and secondary conservation areas under Articles 12, 15]  Allowed Civic Space Types (Development Area): Neighborhood Park, Green, Mini/Pocket Park, Playground, Greenway [Define more specifically by district?] [Note: SEQ—park focus of neighborhood; w/in ¼-mile of all DUs, minimum area = 10,000 SF]  Allowed Building Types: Single Family, Carriage House, Duplex, Small Multiplex (3-4 units), Medium Multiplex (5-8 units), Cottage Court, Civic; Other? [define more specifically by district?]  Frontage Types/Encroachments (porches, stoops, etc.—define by building type?]  Allowed Street Types [by district?]: Pedestrian Pass, Path, Alley, Neighborhood Street-Narrow, Neighborhood Street; Other?  Allowed Parking: On-site, On-street, Shared, Bicycle, [EV?]  Solar: Ground, parking canopy, roof  Other? __________________________________________________________________ SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES JUNE 11 2019 The South Burlington Planning Commission held a regular meeting on Tuesday, 11 June 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Gagnon, Acting Chair; T. Riehle, M. Ostby, M. Mittag, A. Klugo, D. Macdonald ALSO PRESENT: C. LaRose, City Planner; A. Lafferty, City Attorney; T. Barritt, D. Seff, T. Bailey, Other members of the public 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon 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. Mittag moved that the Commission meet in executive session to discuss real estate transactions. Mr. Riehle seconded. Motion passed 6-0. The Commission entered executive session at 7:03 p.m. and resumed open session at 7:53 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: There were no Commissioner announcements. Members reviewed the written staff report. 6. Initial consideration of proposed amendments to Article 9 related to TDRs: Ms. Lafferty reviewed the history. She noted there was a court ruling that some of the provisions of Article 9 of the LDRs are not legal. This ruling has been appealed. In order to provide some certainty during the appeal period, the City Council has asked that some revisions be prepared that respond to the Court decision. Ms. Lafferty added that the Council understands that 3 Interim Zoning committees are working on possible changes to the LDRs. They just wanted to put the TDR program back to where people thought it was. Ms. Lafferty then reviewed some potential amendments to Article 9. Section 9.05 is now broken out differently. There is an opening paragraph that lays out the foundation of the Southeast Quadrant (SEQ) until 2016-7, the date of the last Comprehensive Plan. It establishes sending and receiving areas. Each parcel in the SEQ is assigned a number of dwelling units (1.2 per acre). There is a section on allowable density in a PUD. Anything in an NRP district is reviewed under Section 9.12. Density increase is also addressed. A new paragraph makes clear the .83 acres of land for each transferring unit. Mr. Riehle asked what happens if, for example, 4 of the acres are undevelopable. Will they still get credit for TDRs? Ms. Lafferty said the language says: “per growth acre.” Unless it is a single family house or a duplex, it would have to be reviewed as a PUD. Mr. Riehle said it seems odd to give credit for worthless land. Ms. LaRose said that is not part of the direction from the City Council for the immediate adjustments at this time. Mr. Klugo added that he does not want this to be where the city will end up after the Interim Zoning committees do their work. Mr. Gagnon asked if there is a chance the city is “chasing its tail” on this. He felt it would be unfortunate to tweak the language and then have to tweak it back again. Ms. Lafferty said the Court case can’t be heard until July or August. It is not even on a “rocket docket.” The idea was that it is possible that the IZ Committee will complete its work and provide feedback before the Court can rule. The goal is to have some certainty during this period. Mr. Gagnon asked if these changes will have to be warned for a Planning Commission hearing. Ms. Lafferty said they will, and the City Council will also hold a public hearing. Ms. Ostby said she still struggles with the affordable housing bonus. She asked if it is still clear that this type of bonus is still available without TDRs. Ms. Lafferty said it is clear and is called a “housing density increase.” Ms. Ostby felt that in the opening paragraph of 9.05, the word “maximum” was questionable as it isn’t because of affordable housing. Ms. Lafferty said she would consider that. Mr. Bailey noted the use of the word “city” in section 2.02 and “municipality” in state statutes Section 44.23. He also felt that in Section 9.25 it would be better to spell out that zoning approval has to be gotten and specifications in “D” are required. That would make it simple for anyone who wants to go through the TDR process. Mr. Seff said it is a bad idea to tweak the by-law while the appeal is pending. Mr. Gagnon said the City Council is taking advice from its attorneys. 7. Report from Committee Liaisons: Mr. Gagnon: Open Space Committee – Their next step will be public outreach. Ms. LaRose noted that dates for this have been set. She will send out the information. Mr. Klugo: The Form Based Code Committee took up a request to review potential changes to the official city map/wetland issue. A recommendation will come back to the Planning Commission. Ms. Ostby: The TDR Committee won’t meet again until July. They have sent out a draft which is solidly supported by committee members. Ms. LaRose noted a meeting held with Ms. Louisos, Jens Hilke, and Alan Strong focusing on forest blocks. They did a “marker session,” and you can see some interesting mapping. This may lead to a tiered approach rather than saying all forests are the same. 8. Initial consideration of proposed technical corrections to the Land Development Regulations, including umbrella approvals and procedural updates including field changes, administrative reviews and as-built plans: Ms. LaRose said the changes give a little more authority to the Administrative Officer for minor changes. The 2 appeal periods are combined but only for administrative decisions. 9. Continued review of proposed amendments to Appendix F relating to open space: Ms. LaRose said staff has created a matrix for open space types and are finding out where the “cracks” are. She noted that as they move forward, there may be a PUD type as the regulations to city-wide. There is now frustration as there is no requirement for open space outside the City Center. Ms. Ostby cited the importance of considering noise levels when dealing with dog parks. Ms. LaRose noted that what is here related to private open spaces and dog walking areas just for residents of a particular building complex. 10. Discuss approach to LDR Updates: Ms. LaRose directed attention to the written memo. She noted that current regulations for commercial parking lots require landscaped islands. Staff was asked about the possibility of solar panels as canopies. This could be an exception for plantings. Mr. Klugo said it is hard to pick one over the other. Ms. LaRose then enumerated the issues that should be ready for the first round hearing, including: TDR cleanup, some Form Based Code issues, river corridors, open space types in City Center and possibly city wide (not related to PUDs). She also noted that some things will come out of the LDRs and go into some kind of guidebook (e.g., turning radii, manhole covers, and other very technical things). Mr. Klugo felt that was OK as long as they have no public impact. He cited the new LED lights that now shine into his house. 11. Meeting Minutes of 28 May 2019: Mr. Riehle moved to approve the Minutes of 28 May 2019 as written. Ms. Ostby seconded. Motion passed 5-0. 12. Other Business: a. Burlington Comprehensive Development Ordinance Amendments including updates to Inclusionary Zoning: Ms. LaRose said this is for information only and the opportunity to learn what Burlington is doing. b. Future Meetings: Members will be polled regarding availability for attendance at future meetings. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:10 p.m. ___________________________________, Clerk