Loading...
HomeMy WebLinkAboutAgenda - Planning Commission - 08/13/2019South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, August 13, 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. Public hearing on proposed Land Development Regulation amendments: (7:12 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 6. Review public input on draft amendments; consider any possible changes; possible action to approve draft amendments and submit to the City Council (7:28 pm) 7. Planning Commission debrief on joint PC/City Council Interim Zoning meeting of August 1st (7:35 pm) 8. Presentation and discussion of recommendations of Transfer of Development Rights Interim Zoning Committee (7:55 pm) 9. Receive proposed amendments to the City Center Form Based Code (FBC) portion of the Land Development Regulations from the FBC Subcommittee; consider approval of PC report and warning public hearing on amendments (Staff recommends September 10th) (8:50 pm) • LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District • LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions • LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district • LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts • LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts 10. Meeting Minutes (9:00 pm) 11. Other business (9:02 pm) a. Notice of Town of Williston Planning Commission public hearing on proposed amendments to the Unified Development Bylaw, Tuesday, August 20, 2019, 7:00 pm, Williston Town Hall Annex b. Notice of City of Burlington Planning Commission public hearing on proposed amendments to Comprehensive Development Ordinance, Tuesday, August 27, 6:45 pm, Burlington City Hall 12. Adjourn (9:05 pm) Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. 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 23, 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: All committees symposium September 26: On Thursday September 26th in the evening, the City will be hosting an all-committees symposium. Each Committee/Board will have a poster board of projects being worked on and make a short presentation to the City Council. In addition, there will be workshops & trainings on a host of different topics, and social time for folks to get to know one another better. Save the date! Comprehensive Plan Check In: Staff has begun an assessment of work done towards meeting the Comprehensive Plan’s goals, objectives, and strategies. We’ll be reaching out committees to assist where they have had the primary management of certain strategies. Affordable Housing Committee: Staff met with the Affordable Housing Committee at their August 6th meeting. Cathy updated them on the progress with PUDs, shared building typologies, and talked about the Comprehensive Plan assessment. Census 2020 Updates: We’re continuing to work with our federal and state partners to ensure an accurate count for the 2020 Census, based off population and housing counts as of April 1, 2020. We’ve recently been asked to provide estimates for housing coming online between November of this year and the April 1st count date. CCRPC Planners Advisory Committee: Staff attended a meeting with the CCRPC and planners from throughout Chittenden County. The group discussed the changes to the Comprehensive Plan timetable (plans having gone from 5 year to 8 year cycles) and what it means to have check-ins during the 8 year time. Staff also provided updates on South Burlington housing affordability tools as part of a region wide assessment. 5. Public hearing on proposed Land Development Regulation amendments: (7:12 pm) 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 and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District 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 A complete of the amendments is enclosed with your packet. We have performed a legal review on each of the items, as well as running the River Corridors draft past the Agency of Natural Resources (for a second time) following the legal review to make sure the regulations will qualify the city for the lower hazard mitigation grant match. The legal edits are each called out in comment boxes. No changes that change the meaning or substance of the draft LDRs are proposed from these legal edits. 6. Review public input on draft amendments; consider any possible changes; possible action to approve draft amendments and submit to the City Council (7:28 pm) Following the public hearing, the Commission may choose to make changes (including the ones proposed by the legal review, and any others) and then choose to vote to approve the amendments or to review further. 7. Planning Commission debrief on joint PC/City Council Interim Zoning meeting of August 1st (7:35 pm) This item is a scheduled time for Commissioners to debrief from last week’s joint meeting. 8. Presentation and discussion of recommendations of Transfer of Development Rights Interim Zoning Committee (7:55 pm) Enclosed with your packet is the draft TDR Committee report. Michael will present the draft Report and Commissioners are invited to provide feedback and guidance to the TDR Interim Zoning Committee. 9. Receive proposed amendments to the City Center Form Based Code (FBC) portion of the Land Development Regulations from the FBC Subcommittee; consider approval of PC report and warning public hearing on amendments (Staff recommends September 10th) (8:50 pm) a. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District b. LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions c. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district d. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts e. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts Enclosed with your packet is a memo, proposed set of amendments, and draft Planning Commission Report on a series of amendments to the City Center Form Based Code as proposed by the FBC Subcommittee. Pursuant to the subcommittee’s charge, they have endeavored to examine possible amendments from all sides in order to recommend amendments that the Commission can go ahead an warn for a public hearing straight away. Having said that, the draft amendments are now fully the purview of the Commission. 10. Meeting Minutes (9:00 pm) Minutes of July 23rd enclosed for your review 11. Other business (9:02 pm) a. Notice of Town of Williston Planning Commission public hearing on proposed amendments to the Unified Development Bylaw, Tuesday, August 20, 2019, 7:00 pm, Williston Town Hall Annex b. Notice of City of Burlington Planning Commission public hearing on proposed amendments to Comprehensive Development Ordinance, Tuesday, August 27, 6:45 pm, Burlington City Hall Commissioners have asked in the past for staff to make note of any amendments that the Commission may want to look at in regards to ideas that are being looked at in other communities that may be good examples of issues we’re looking into here. Staff draws your attention to the Williston proposed amendments as they’ve been looking into their traffic impact fees, just as we are. 12. Adjourn (9:05 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com PROPOSED AMENDMENTS to the SOUTH BURLINGTON LAND DEVELOPMENT REGULATIONS Public Hearing Tuesday, August 13, 2019 at 7:00 pm PLEASE TAKE NOTICE that the South Burlington Planning Commission will hold a public hearing on Tuesday, August 13 at 7:00 PM in the City Hall Conference Room, 575 Dorset Street, South Burlington, Vermont to consider amendments to the South Burlington Land Development Regulations. The amendments affect all parts of the City unless otherwise specified below. The purpose of the hearing is to consider the following: 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 and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District 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 Specific Sections to be Amended 2.02 Definitions 2.03 Definitions for Flood Hazard and River Corridor Purposes 3.01 Establishment of Districts and Description of Certain Districts 3.09 Multiple Structures and Uses 3.10 Accessory Structures and Uses 4.06 Residential 7 with Neighborhood Commercial District – R7-NC 5.08 Supplemental Standards for All Commercial Districts 6.06 Supplemental Standards for Industrial and Airport Districts 8.08 Open Space Requirements 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards 8.13 T-4 Urban Multi-Use Building Envelopment Standards 8.14 T-5 Building Envelope Standards 9.01 Purpose [Southeast Quadrant Zoning District] 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map 9.05 Transfer of Development Rights and Residential Density 9.10 SEQ-VC Sub-District, Specific Regulations 9.12 SEQ-NRP; Supplemental Regulations 9.13 SEQ Review and Approval Process 10.01 General Stream and Surface Water Protection Standards 10.07 River Corridor Overlay District 13.01 Off Street Parking and Loading 13.14 Bicycle Parking and Storage 14.05 Application, Review, and Approval Procedure 14.09 Administrative Review 14.11 Conditional Use Review: Specific Uses and Standards Appendix E: Submission Requirements Appendix F: Open Space Requirements Overlay Zoning District Map 1 Copies of the proposed amendments are available for inspection at the Department of Planning & Zoning, City Hall, 2nd Floor, 575 Dorset Street, South Burlington, between 8:00 am and 4:30 pm Monday, Tuesday, Wednesday, and Friday, and between 12:30 pm and 4:30 pm Thursday, except holidays, and on the city website at www.sbvt.gov. Jessica Louisos, Planning Commission Chair July 10, 2019 LDR-19-01 Parking Standard Revisions Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 58Office157.6 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 220Cinema 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 specify 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 Commented [PC1]: Change “specific” to “specify” per legal review LDR-19-01 Parking Standard Revisions Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 intermittently 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. - - Critical facilities. Facilities that are vital to public health and safety I ncluding es police stations, fire and rescue facilities, hospitals, and public and private schools, shelters providing temporary housing assistance, 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. Commented [PC1]: Change “or periodic flowing” to “or intermittently flowing” per legal review Commented [PC2]: Removed proposed definition for the term “compensatory storage” as the term is not used in the current or draft LDRs. Commented [PC3]: Removed the proposed definition for the term "construction trailer” as the term is not used in the current or draft LDRs Commented [PC4]: Added “providing temporary housing assistance” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 2 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 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). 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. Commented [PC5]: Removed proposed definition for the term term “floodway fringe” as the term is not used in the current or draft LDRs. LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 3 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 flood hazard area. Grading results in minor or no changes in topographic elevations. If new material is brought from outside the flood 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 flood 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 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. Commented [PC6]: Added the word “flood” in front of “hazard” in 3 instances in this definition per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 4 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 which include 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. 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. Commented [PC7]: Changed “floodplain that includes” to “floodplain which include” LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 5 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 an 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 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. LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 6 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. 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. LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 7 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. … 10 OVERLAY DISTRICTS FP, TR, SVP, IHO, TO, UDO, RCO 10.01 Flood Plain Overlay District 10.02 Traffic Overlay District 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 LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 8 …………………………….. … 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 in these regulations 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 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 Commented [PC8]: Changed “restriction the provisions here shall take precedence” to “restriction, the provisions in these regulations shall take precedence” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 9 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 at least one of the 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: (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 (Nnew transportation or utility development that runs parallel to the Commented [PC9]: Changed “expressly listed as an Exempted Activities” to “expressly listed as at least one of the Exempted Activities” LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 10 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, provided they meet all other requirements of the LDRs. (a) Construction of 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 within or immediately adjacent to an existing right of way and serve a building. (c) Replacement of on-site septic systems. (d) Construction of or additions to an unenclosed deck or patio attached to an existing structure, where such construction or additions are cumulatively 200 square feet or less and are located no less than 100 feet from the top of bank (or top of slope, if applicable). (e) River or floodplain restoration projects that do not involve fill, structures, utilities, or other improvements, and which the ANR Regional Floodplain Manager has confirmed in writing are 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 Commented [PC10]: Changed “approval, and provided” to “approval, provided” per legal review Commented [PC11]: Changed “utilities that are along” to “utilities that are within or immediately adjacent to” per legal review Commented [PC12]: Changed “to an attached, unenclosed deck or patio to an existing structure” to “ to an unenclosed deck or patio attached to an existing structure” per legal review Commented [PC13]: Changed “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” to “and which the ANR Regional Floodplain Manager has confirmed in writing are designed to meet or exceed the applicable standards in this bylaw” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 11 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 criteria for infill development and/or certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b), below, 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 criteria for infill development and certain non-habitable and accessory structures in subsections 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 subsection 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 existing adjacent development. (2) Development outside of designated centers shall meet the following criteria: (a) In-fill Development must be located no closer to the channel than the adjacent existing principal buildings, within a gap that is no more than 300 feet (see Figure 1); or, Commented [PC14]: Changed “meets the infill or shadowing criteria described in subsection I(2)(a) or I(2)(b)” to “meets the criteria for infill development and/or certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b)” per legal review Commented [PC15]: Changed “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” to “If permitted development activity listed in subsection G(3) above does not meet the criteria for infill development and certain non-habitable and accessory structures in subsections I(2)(a) or I(2)(b) then the proposal shall be reviewed by the Development Review Board” per legal review Commented [PC16]: Changed “than pre- existing” to “than existing” per legal review Commented [PC17]: Changed “In-Fill Between Existing Development: Development must be located no closer to the channel than the adjacent existing primary structures” to “Infill Development must be located no closer to the channel than the adjacent existing principal buildings” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 12 (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 of the downstream side of the existing habitable structure 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 that is imminently threatened by fluvial erosion; and, b. not cause the river reach to depart from, or further depart from, the channel width, depth, meander pattern or slope associated with natural stream processes and equilibrium conditions; and, Figure 1: In-fill Development Standard Figure 2: Shadow Area Development Standard Commented [PC18]: Changed “within 50 feet to the downstream side and no closer” to “within 50 of the downstream side of the existing habitable structure and no closer” per legal review Commented [PC19]: Changed “damage or be imminently” to “damage or that is imminently” per legal review Commented [PC20]: Added comma after “from” per legal review Commented [PC21]: Added “or” after “pattern” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 13 c. not result in an immediate need or anticipated future need for stream channelization 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 criteria for infill development and certain non-habitable and accessory structures 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 requirements for infill development and certain non-habitable and accessory structures 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 Commented [PC22]: Removed “solely as a result of the proposed development,” per legal review Commented [PC23]: Changed “Description of why the shadowing and infill criteria in sub sections I(2)(a) and I(2)(b) above cannot be met” to “Description of why the criteria for infill development and certain non-habitable and accessory structures in sub sections I(2)(a) and I(2)(b) above cannot be met” per legal review Commented [PC24]: Changed “Information clearly demonstrating how the proposed development meets the infill or shadowing requirements in subsection 10.07(I) Development Standards above” to “Information clearly demonstrating how the proposed development meets the requirements for infill development and certain non-habitable and accessory structures in subsection 10.07(I) Development Standards above” per legal review LDR-19-03 Draft River Corridor Standards Draft for Planning Commission Public Hearing August 13, 2019 | 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 applicable section of river solely to protect the public water access from lateral river channel adjustment. Commented [PC25]: Changed “managing the section of river to solely protect” to “managing the applicable section of river solely to protect” per legal review 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 12.01 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 within or abutting 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. 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: (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. Commented [PC1]: Correct “10” to “12” Commented [PC2]: Changed “Land adjacent to adjacent to the high water elevation of Lake Champlain” to “Land within or abutting 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” per legal review LDR-19-04 Lake Champlain setback Draft for Planning Commission Public Hearing August 13, 2019 | 2 (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 abutting 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. Commented [PC3]: Changed “adjacent to” to “abutting” per legal review and removed “, which for the purposes of these Regulations shall be one hundred two (102) feet above mean sea level datum,” per legal review LDR-19-05 Administrative Amendments Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Draft for Planning Commission Public Hearing August 13, 2019 | 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 Requirements LDR-19-06 Plaza/Square Green Pocket/Mini Park Neighborhood Park Playground Outdoor Café/ Restaurant Seating Sun Terrace Indoor Park/Atrium Courtyard Wooded Area Community Shared Garden Space Applicability as Qualifying Open Space (PUD Types or Zones) All FBC Districts; UDO district All districts except FBC T5 All districts All districts except FBC T5 All districts All districts which permit restaurant (or similar dining) use All 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 Intent Primarily hard-surface space. Intended to serve public, allowing people to congregate, sit, walk, or access adjacent businesses. Should be context-sensitive. Informal and centralized public, civic space or common/shared private space for residential use or campus-style development. Small open area. May be tucked adjacent to or between buidlings, or adjacent to roadway. on a separate lot or portion of a lot.. Intended to primarily serve public or residents within 1/4 mile radius. Park intended to serve immediate neighborhood and those within 1/4- 1/2 mile radius. Shall have several different elements of play and leisure, which may include athletic fields or courts, playgrounds, picnic areas, pump tracks, skating facilities, and similar. Programmed space and/or structure that serves the active recreational needs of children in the immediate vicinity. An open-air seating area provided by a restaurant located on the subject or adjoining property, where restaurant patrons can eat or drink Accessible and open area on upper story with seating and gathering amenities. Interior open space where at least one wall facing the street consists entirely of glass. Common Open Space area on a portion of a lot. Naturally occuring area with predominance of canopy trees with enhancement and public access. Land set aside and maintained for production of food to be used primarily for participating gardeners. Size Minimum 5,000 sq.ft. Residential: 0.25-2 acres; Campus- style Development: 0.5-3 acres. 2,000-10,25,000 sq. ft.Minimum 0.5 acres Total pPlay area shall be a minimum of 2400 square feet. Play space should include a buffer area around any play structures. Minimum 100 sq. ft.500-3,000 sq.ft; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum area 1,500 sq.ft. Minimum ceiling height 20'. Area to be counted as qualifying open space shall not exceed twice the area of the glass wall projected onto the floor plane. 5,000-20,000 sq. ft.2,500 sq. ft. minimum; Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and no more than 50 feet to either side; total area shall not count as more than 50% of the minimum required qualifying open space. Minimum 400 square feet. Encouraged to serve at least 20% of units in multifamily developments. Location & Access Outdoors and within Public Realm. High Visibility from public rights of way. Accessible from a public street at grade or 3' above or below street level connected to street with wide, shallow stairs. May include space for a farmer's market For residential: Centralized; Accessible to all tenants/residents via pedestrian walkway or direct frontage (cottage court development). For campus-style development: Centralized; Accessible from a public right-of- way via direct walkway; Access from several locations encouraged. Fronts on and is accessed from a street right-of-way. Pedestrian accessible. Must be open to the public. Must be pedestrian accessible (sidewalks or paths). Some provision for public vehicle parking. Should be located such that it is accessible to a majority of users. Accessible from Public Right-of- Way or adjacent to private sidewalk. Should be centrally located and visually accessible to the greatest extent practicable. Highly visible, directly adjacent to public right of way. See additional public realm standards below. Second floor or above. Encourage location in places which have spectacular views. Accessible directly from the sidewalk or public corridors. For T5 Non-Residential, must provide adequate signage about location and accessibility in hallways and elevators. Building interior adjacent to sidewalk or public open space. Direct access from street level. Provide several entrances to make the space availble and inviting to the general public. Physically defined by surrounding buildings on three sides (outer) or four sides (inner) Must be accessible, at minimum, by residents, tenants, or customers of site. Must be onsite. Offsite wooded areas shall not be considered qualifying open space even where the LDR permit open space to be located off-site. May not be located in any class wetland or wetland buffer. Shall have proper drainage. Seating*, Tables, Etc. Minimum one seating space for each 500 sq.ft. of plaza area. Minimum 10 seats. Seating is encouraged to be of a variety of types, high quality, and socially oriented. Provide formal and informally arranged seating, on sculptured lawn. Moveable chairs desirable. Three seats per quarter acre, rounded up. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds fixed play equipment, or public picnic tables. One seat for each 750 sq.ft. of park size. Must include amenities which differentiate the space from basic lawn area. Examples include benches, bike racks, trash receptacles, gazebos, playgrounds or public picnic tables. Shall have signage in accordance with City sign deisgn guidelines. Must provide benches or formal seating areas at one space for each 500 square feet, rounding up, as well as at least 200 square feet of level, grassed, informal seating. Seating material shall be of moderate to high quality in order for café space to be considered qualifying open space. One seating space for every 50 sq.ft. of terrace area. 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 complement active play ingredients encouraged. Flat paved or concrete area for wheeled toys encouraged. Paved areas including space for basketball or other sport courts are encouraged and may be counted towards minimum required area of qualifying open space. Shade shall be provided in consultation with the Recreation Director. For optional separated seating areas, use planting boxes of interesting patterns of plants, open fences of less than 3 feet in height, or decorative and moveable bollards with decorative chain connectors. Terrace may take one of the following forms: complex architectural setting which may include art works; flower garden; space with trees and other planting. Planted roofs are permitted provided area is also a functional seating space. Provide attractive paving material to create interesting patterns. Use rich plant material. Incorporate sculpture and/or water feature. If paved, area shall be amended throughout with substantial planted areas or large planters of trees and lush greenery. If grassed, area should be articulated at perimeter with lush greenery. Majority of area must be covered with canopy trees. Light enhancement expected. Must include cleared paths, benches, and/or other amenities. Must have adequate planting soils, tested for pH balance, drainage, nutrients, etc. (proof provided prior to Certificate of Occupancy). Where they are inadequate, soils shall be amended for more suitable farming. Shall have water service directly to gardens. Raised planters or other semi-permanent infrastructure encouraged. Commerical Services, Food 20% of space may be used for restaurant/cafe seating, taking up no more than 20% of the sitting facilities provided. 20% of space may be used for restaurant seating taking up no more than 20% of the sitting facilities provided. Not permitted Permitted but not counted towards open space requirement. Permitted but not counted towards open space requirement. May serve as seating area for adjacent restaurant/food service, or be space provided for those bringing their own meals. Dependent on Transect, may possibly be used up to 100% for commercial food services. See Table 8-1. 30% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted Not permitted.Not permitted. Sunlight and Wind Sunlight to most of the occupied area from mid-morning to mid- afternoon. Sunlight to most of the occupied area from mid-morning to mid- afternoon. Shelter from wind. No requirements No requirements Sunlight to most of the occupied area from mid-morning to mid- afternoon. Mix of sun and shade. Sunlight encouraged to most of the occupied area at lunchtime. No requirements No requirements except as noted for street façade to be wall of glass. Encouraged to be south-facing. Sunlight to sitting areas for most of day. No requirements Full sunlight. Other Bicycle parking is permitted in this area and may be counted towards the open space size requirements. Shall include minimum components:3 low child-sized swings; 1 toddler sized swing; 2 slides; one or more play houses. 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 seat Materials All products installed in qualifying open spaces shall be of high quality materials intended to be used for commercial application. 1 APPENDIX F Open Space Requirements LDR-19-06 Applicability as Qualifying Open Space (PUD Types or Zones)Description & Service Intent Size Location & Access Seating*, Tables, Etc. Landscaping, Design- Commerical Services, Food Sunlight and Wind Other Notes: Seating dimensions: Materials Rain Garden Snippet/ Parklet Pedestrian Pass Streetfront Open Space Enhanced or Recreational Wetlands/Stormwater Treatment Area Private Yard Space Dog Walk and Play Area All FBC districts All FBC districts FBC T4 and FBC T5 All FBC districts Onsite in FBC T3 and T3+ unless counting as off-site open space for T4 and T5 and meeting all of the requirements and limitations of 8.08E. 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 units Fenced dog play areas in private and public spaces; separate spaces for sm and lg dog Maximum size of 3,500 sf; shall not count as more than 50% of minimum required qualifying open space. 500-3,000 sq. ft 8' minimum width; 24' maximum width. 50' minimum depth from closest public street line; or if private, 50' minimum depth from edge of pavement or sidewalk as applicable. Shall include the land of the improvement (such as enhanced path, viewing platform, etc) and 50 feet to either side; total area shall not count as more than 50% of minimum required qualifying open space. As directed by minimum requirements. 1/4 acre minimum size. The garden should be positioned near a runoff source like a downspout, driveway or sump pump to capture rainwater runoff and stop the water from reaching the sewer system. Must be directly adjacent to public right of way and sidewalk or building entry. Designers are encouraged to consider safety in design. No vehicular traffic. Must connect two public streets. Storefronts and restaurants are highly encouraged to access the pedestrian pass. If in FBC districts, must be immediately adjacent to qualifying secondary street. See Chapter 8 for additional regulations. Must be on each side of roadway, unless a complying building is located on the opposite side. Must be visible to public or tenants and users of building. Direct pedestrian access from adjacent public street type. Directly adjacent to and accessible to at least one entry of dwelling unit it is associated with. Accessible to residents. Encouraged to be separated from ground floor residential units. The space must serve as a visual amenity which can be enjoyed through paths or seating. Adjacent seating, proportionate with the size of the garden and number of users, intended to enhance the garden is are required and can be counted as part of the required open space. Seating shall be the main focus of the space and is required. Seating shall be present year-round and composed of high quality materials. Fixed seating is required unless the applicant demonstrates that moveable seating will meet the stated goals of the type and meet standards of high quality (examples could include adirondack style furniture). One seating space for each 150 sq.ft. Seating is encouraged, but there shall be no minimum requirement. If functional for sitting and viewing, seating can be ledges, benches,and/or stairs. No requirements. Benches required. Minimum seating for 6. Deep rooted native plants and grasses. Landscaping shall also be a primary component of the space. Because the space is inherently small, it shall be carefully landscaped in a higher proportion than larger spaces. Landscaping should not interfere with seating, but instead complement it.Spaces should appear warm and inviting and permanent rather than temporary. If paved, area shall provide trees or large potted plants at no more than 530 foot intervals. If grassed, area shall be accented with intermittent trees or public art. Slight, gentle, and undulating berms from 1-3 feet in height are encouraged to block views of parking areas. Ever-green landscaping is required. Include canopy trees whose branches are above the average visual line of sight, located throughout the space, with no more than 40 feet between any two such trees or between a tree and the street or parking area. Landscaping should aim to distract from parking beyond, but should not create dense walls of shrubbery or trees. Artwork is also highly encouraged. LID techniques; no fencing permitted. No requirements.Land scaping, lawns or planned seating/dining areas (patios and decks) are encouraged. Fenced. Sloped; larger areas for longer runs; effective drainage; Natural agility & play structures encouraged. Not permitted.Permitted 40% of area may be used for restaurant seating taking up no more than 30% of the seating and tables provided. Not permitted.Not permitted. Not permitted. Appropriate to the plant species selection. No requirements Sunlight to most of the occupied area at lunchtime. Shelter from wind. No requirements. Appropriate to the plant species selection. Exterior to building. Some natural or built shelter from sun or inclement weatherSee LID language for additional standards. Bicycle parking may be permitted within these areas; however, the space dedicated to bicycle parking shall not count towards meeting the open space requirements. Separate travelled way from parking areas; shall create pedestrian environment. Must be located on applicant- owned property. 2 575 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, 7:00 pm 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 and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District 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 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 intended 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 and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District Brief explanation of the proposed bylaw The proposed amendment would remove the applicability of surface water buffer standards from areas within 150’ of Lake 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. The proposed amendment would also remove the allowance for the expansion of pre-existing structures located within 100’ of the centerline of the Potash Brook within the Queen City Park zoning district. (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: 5 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. The Laker Champlain amendments are not anticipated to have any impacts on the availability of safe and affordable housing. The Commission also finds that the amendment to eliminate the allowance for expansion of pre-existing structures within 100’ of the centerline of the Potash Brook within the Queen City Park neighborhood support is consistent with the Comprehensive Plan and will not have an impact on the availability of safe and affordable housing. The Commission finds that there are up to three homes within this affected area. These homes may be maintained and restored, and may be expanded or reconstructed in manners conforming with the regulations. The area in question is nearly entirely located within mapped River Corridors. Objective 26 states: “Protect and improve watershed, stream, and wetland system natural processes, specifically for stormwater treatment, riparian and aquatic habitat, and floodplain & river corridor protection.” (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. 6 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. 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. 7 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. 1 Brief History of Zoning in the Southeast Quadrant prior to 2006 In the 1960s, the entire SEQ had 5-acre zoning i.e. minimum of 5 acres per house lot. Beginning in the 1970s, a new “Agricultural-Rural Residential” zone was established. Under these rules, housing was allowed at a density of 1 housing unit per 10 acres, except on parcels of 50 acres or more, where housing was allowed at 2 housing unit per acre. This inequity led to re-consideration of how to create a scheme where all lands, regardless of the underlying parcel size, could allow similar densities while still promoting conservation and clustering. In 1992, the City adopted new regulations after a four-year planning process. These regulations assigned a density of 1.2 units per acre, to all lands within the SEQ and introduced the “transfer” concept that is still in the zoning today. In 1999 the voters approved the one-cent open space tax (to be used by the City to acquire open space) and in the early 2000s, the City began to re-consider which areas were best designated as open space. The Open Space Strategy prepared in 2001 pointed out that the most important SEQ lands from a habitat and natural resource perspective were the lands East of Spear Street, the interior lands between Dorset Street and Spear Street, the lands East and West of Dorset Street and the lands along Muddy Brook, and other key wildlife travel corridors. The Arrowwood Ecological Assessment prepared in 2004 set out these general principles: • Do not bi-sect or otherwise fragment the remaining open spaces (especially woods and wetlands) • Give extra protection to larger wild parcels • Maintain natural corridors on the landscape • Maintain stepping stone small wildlife habitats • Maintain wide wildlife corridors • Do not surround important habitats with development • Protect natural corridors such as wetlands, streams, and ridges • Protect with protective buffers caves and other bat habitats In 2003, the City consolidated its Zoning and Subdivision regulations into the “Land Development Regulations” and also initiated a requirement for a Master Plan for certain types of development, including the development of more than 10 dwelling units in the SEQ. In 2006, the Comprehensive Plan and Land Development Regulations’ SEQ chapters were completely re- written, establishing 5 subdistricts and, under the authority of 24 V.S.A. § 4423 (included as Attachment A), the current system of “transferable development rights” (TDRs). Two elements of the 1992 regulations were retained: 1. Overall density – and the density associated with all lands – would remain at 1.2 acres within the SEQ, so that no lands were “down-zoned” or “up-zoned”; and 2. The total theoretically allowable buildout density of 3,900 units would remain within the SEQ, and there would not be a “transfer” of that density out of the SEQ to other parts of the City. draft 2 The 2006 Regulations divided the SEQ into five districts: • NRP-Natural Resource Protection • NR- Neighborhood Residential • NR-T-Neighborhood Residential Transition; residential or conservation district • VR-Village Residential • VC-Village Commercial Development in the NRP and NRT areas was limited. Generally, for lots in existence on or before June 22, 1992 in the SEQ-NRP sub-district 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. 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.1 As a quid pro quo for imposing this restrictive zoning, the City provided NRP and NRT landowners (the “Sending Areas”) with the ability to sell 1.2 TDRs for every acre (or about 1 TDR per 0.83 acre) of gross NRP land. The TDRs may be sold to other landowners or developers in the SEQ outside of NRP and NRT zones (the “Receiving Areas”). Each TDR entitles a buyer to develop one incremental unit. Upon a transfer, the selling landowner is required to provide a permanent conservation easement in the relevant deed over a number of acres equal to the number of TDRs sold divided by 1.2. At inception of the program in 2006, there were approximately 2066 TDRs available for sale. Today, there are estimated to be 1357 TDRs remaining (1241 if 116 TDRs owned by the City are excluded). Thus, it would appear that approximately 584 TDRs were used of which approximately 114 were severed and transferred through the City’s Transfer of Development Rights program within the SEQ and 470 were used intra-parcel within the SEQ and the associated “conserved lands” do not seem to benefit from a permanent conservation easement. The committee recommends further investigation to determine whether action is required to permanently conserve these intra-parcel conserved lands As required by 24 V.S.A. § 4423, the City should develop and maintain a map of areas from which development rights have been severed. The process of developing this map would allow the City to definitively determine the impact of the TDR program to date and be the basis for an accurate database of TDRs used (severed) and TDRs remaining. In private transactions, rights similar to “TDRs” have been severed from land but have not been utilized by any Receiving Area as contemplated by the TDR program. There is no easily accessible listing of TDRs available for sale. Private negotiations between TDR holders and developers have set the price and account for the wide variation. The selling price for these TDRs has ranged from approximately $9,682 to $15,000, with an average price of approximately $12,000. 1 For more detail see Sections 9.05 and 9.12 of the South Burlington Land Development Regulations. draft 3 State Defined Purpose for Establishing TDR Programs 10 V.S.A. § 6301. Purpose It is the purpose of this chapter to encourage and assist the maintenance of the present uses of Vermont's agricultural, forest, and other undeveloped land and to prevent the accelerated residential and commercial development thereof; to preserve and to enhance Vermont's scenic natural resources; to strengthen the base of the recreation industry and to increase employment, income, business, and investment; to enable the citizens of Vermont to plan its orderly growth in the face of increasing development pressures in the interests of the public health, safety, and welfare; and to encourage the use of conservation and preservation tools to support farm, forest, and related enterprises, thereby strengthening Vermont's economy to improve the quality of life for Vermonters, and to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside. Title 24 § 4423. Transfer of development rights In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer of development rights. The Vermont Natural Resources Council (VNRC) has produced a memorandum with guidance for implementing TDR programs under this statute (the “TDR Guidance Document”). The VNRC’s TDR Guidance Document is included as Attachment C. The document indicates that the intent of the TDR statutory scheme is to shift development away from sensitive open space and into “downtowns, villages and other growth centers” and introduces the TDR program as such: “Municipal plans frequently designate areas for higher-density, compact development, such as growth centers, downtowns, villages, and also areas where little or no development is desired, including farm- and forestlands, natural resource protection areas, and open space areas. When communities try to implement plans by restricting development in outlying areas, they’re frequently faced with protests from landowners who argue that they’re being deprived of the economic value tied to the potential development of their land. Transfer of Development Rights (TDRs) is a tool that may help reconcile community and landowner interests.” The TDR Guidance Document also describes as an “important condition for a successful TDR program” that there be: “Sufficient market pressure in sending areas to establish development value and sufficient market demand for development in receiving areas to motivate the purchase of development rights and use of density bonuses.” The TDR Guidance Document also describes as an “important condition for a successful TDR program” that there be: draft 4 “Some administrative mechanism … to connect potential buyers and sellers. This is particularly true in small communities where there are few potential buyers and sellers, and there may be no interested buyers when sellers wish to sell, or vice versa. Some form of brokerage or ‘banking’ of development rights—for example through a land banking program or local land trust—can help facilitate this process, but such efforts often require a service area larger than an individual municipality.” draft 5 Evaluation of the TDR Program in South Burlington In South Burlington, the TDR program has successfully created only 95 acres of perpetually conserved land in the SEQ (a further 370 acres have been conserved within developments where TDR density has been used internally but do not seem to benefit from a permanent conservation easement). But, the limited receiving areas, as well as the absence of a mechanism to connect TDR holders with potential buyers, may not have created sufficient demand to develop a robust marketplace for TDR holders. Also, members of the community have expressed concern that the SEQ defined receiving areas may need to be updated given the growing importance to them of conserving open space and precious natural resources. From a purely conservation point of view the current South Burlington TDR Program is problematic in that TDR Sending and TDR Receiving areas are all in the SEQ which is where almost all of South Burlington’s remaining open space is located. The consequence can be dense developments in areas where our LDRs and Comprehensive Plan encourage open space preservation, scenic view and natural resource protection, wildlife habitat preservation and continued agriculture. The Charge of the Interim Zoning TDR committee The charge of the Interim Zoning TDR Committee is to “undertake an analysis of the program for the Transfer of Development Rights established in and by the Land Development Regulations and recommend options for its implementation” for the reasons set forth in the City of South Burlington Interim Bylaws resolution adopted November 13, 2018. The “Purpose” section of the Interim Bylaw is included in Attachment C for reference. The Interim Bylaws resolution focuses on preserving open space and states “our community values a balance among our natural, open spaces and our developed, residential and commercial, spaces so that the flora and fauna coexist alongside human dwellings, schools, industries and services” and continues that “we must examine carefully the intensity and nature of development and its potential impacts on the balance that we seek to maintain… the City needs to review developable lands outside of the Transit Overlay District and certain business park areas, including undeveloped open spaces, forest blocks and working landscapes such as the City’s remaining large farms and parcels in the Institutional & Agricultural District.” The Interim Bylaws also focus on fiscal responsibility and states that “South Burlington must continue to safeguard against the possibilities that the costs of emergency services and construction and maintenance of sewers and roads will outstrip City revenues such that City residents and businesses will face the prospect of an acute increase in their tax burden.” The Committee also considers a commitment to the established TDR marketplace, to landowners in Sending Areas and to the need to continue efforts to address the acute shortage in the City of affordable draft 6 housing at all price points, to be important, and has taken into account the increasing environmental conservation regulations being considered for adoption within the LDRs, as well as potential removal from development of certain areas as a result of the Interim Zoning Open Space Committee’s Prioritization review. These drivers, the principles set forth in the VNRC’s TDR Guidance Document and the sources cited in Attachment E inform the work and recommendations of the Interim Zoning TDR committee. draft 7 Committee Recommendations In response to its charge, the committee has considered four options: 1. Eliminate the TDR program and adopt more conventional zoning. 2. Retain current zoning but purchase and retire the outstanding TDRs. 3. Retain the TDR program substantially as is (subject to changes proposed in the Draft LDR, Article 9 Amendments - Attachment B). 4. Revise the TDR program to further the goals set forth above and in the City’s Comprehensive Plan - “Promote conservation of identified important natural areas, open spaces, aquatic resources, air quality, arable land and other agricultural resources, historic sites and structures, and recreational assets” (subject to changes proposed in the Draft LDR, Article 9 Amendments - Attachment B). Each of these options is discussed in more detail below. Options 1. Eliminate the TDR program and replace it with a Conservation Zoning District Under this option, the TDR program would be eliminated, and in its place, the following zoning changes would be adopted: a. Rezone the SEQ (or some portions of the SEQ) consistent with conservation zoning – e.g. one unit every 5, 10 or 25 acres b. Limit subdivisions and/or Set a minimum lot size c. Provide that developments shall not encroach into Primary and Secondary Conservation Areas, should minimize impacts on natural resource areas and shall be compact on any lot An example of this type of Conservation Zoning District: Purpose: The purpose of a Conservation District is to protect lands designated on a conservation zoning map which include areas of high public and environmental value or which present public hazards. Allowed Uses may include: Agriculture Forestry Outdoor Recreation (excluding structures) draft 8 Uses shall not adversely affect fragile soils or vegetation, impair the quantity or quality of surface and ground water or cause soil erosion. Land in the Conservation District may be considered with contiguous and noncontiguous land for a planned residential development or planned unit development in another zoning district, and such land may be counted for density and coverage purposes. In no case, however, shall a new residential use be allowed on land within the Conservation District. The principal impetus for this proposal is the perception that the TDR program is complex, and as such it’s impacts and implications are not well understood by the public. It is also acknowledged that the TDR program has been subject to various legal challenges and is presently not in effect by reason of a recent court decision. Finally, it is acknowledged that South Burlington is the only Vermont municipality that has adopted a meaningful TDR program (Stowe has a small TDR program that has been used to control the pattern of development along the Mountain Road (Route 108). Williston has also used TDRs in isolated cases.) If this approach were adopted, the City and residents would need to rely on more traditional conservation measures to preserve open space. Such measures could include contributions by landowners to land trusts, use of City open space funds, conservation organizations and private philanthropy to purchase land or to purchase and retire TDRs. The benefits of this approach are: • Simplicity and transparency • Consistency with the zoning and conservation tools utilized by other municipalities The detriments of this approach are: • There would likely be some development in areas now designated as NRP • TDR holders may feel unfairly treated • Rights purchased by intermediaries representing TDRs would become worthless. These intermediaries might feel aggrieved. • Future regulatory changes could change zoning and thus undermine the conservation intent of this option Counsel has advised that landowners/TDR holders should not have valid legal claims against the City if the TDR program were eliminated as proposed. 2. Retain current zoning but purchase and retire the outstanding TDRs. Under this option, the City would raise funds to purchase and retire TDRs. The City could use open space funds, issue bonds or try to enlist conservation organizations and private philanthropy to purchase TDRs. The goal of this approach would be to achieve the conservation goals originally contemplated by the TDR program, but retire the program and the perceived concerns associated with the program. draft 9 Setting a market price for the TDRs could be difficult. One option could be to hold a “Reverse Dutch Auction” where the City would begin by setting a low price for each TDR until a bidder agrees to sell at the stated price, with the bidding continuing until all TDRs have been purchased. Another could be for the City to establish a modest price which it holds open on offer for an extended period of time. The benefits of this approach are: • Current TDR holders will perceive that they have been treated fairly. • The original conservation goals of the City will have been achieved. The detriments of this approach are: • Purchase of all outstanding TDRs presents significant fiscal challenges. • Even though sending areas will be permanently conserved, the land may not qualify as “conserved” for purposes of Vermont’s current use program. (Landowners may be able to qualify for the “current use” program if the land is held for agriculture or is forested).2 3. Retain the TDR program substantially as is (subject to changes proposed in the Draft LDR, Article 9 Amendments - Attachment B). The benefits of this approach are: • Least disruptive to current landowner expectations • Is currently the only means by which the City can permanently conserve land in the SEQ short of buying land, buying easements, buying TDRs or (possibly) through a PUD • The amended SEQ Chapter of LDRs should remove legal uncertainty The detriments of this approach are: • Does not further the City’s open space goals as articulated in the Interim Bylaws and Comprehensive Plan • Does not expand the marketplace for TDRs 4. Revise the TDR Program Under this option the TDR program would be retained but the following revisions would be considered: A. Expand the TDR marketplace to Receiving Areas outside the SEQ: 2 Conserved land in the current use program is taxed at $109/acre to $145/acre. To qualify, the conserved land (not merely TDRs) must be held by a charitable organization. Forest land parcels of at least 25 acres may also be put into current and would be taxed similarly if managed according to an approved forest management plan. Agricultural land may also be put into current use and would be taxed at $362/acre. To qualify the land must either be (a) at least 25 contiguous acres in active agricultural use or (b) less than 25 acres if the land generates at least $2,000 annually from the sale of farm crops or is actively used agricultural land owned by or leased to a farmer. draft 10 • Establish Receiving Areas in zones outside the SEQ using a TDR Overlay District Map or other mapping tool and/or areas not identified by the Interim Zoning Open Space Committee as high priority for conservation. Attachment F provides a draft map for consideration. The map uses TDRs in conjunction with current zoning to increase residential density and, in some cases, business uses not currently permitted. Privately owned lots within specific areas have been flagged as recommended receiving areas. This current draft would add an unknown number of TDRs to the marketplace. • If TDRs are sent beyond the SEQ, they will by nature increase density beyond current zoning and beyond the expectations of affected neighborhoods. B. Create new definitions for the use of a “dwelling unit”: • Amend SB LDRs to establish a maximum square footage per dwelling unit. Owners or developers could build larger units in exchange for the purchase of a requisite number of TDRs. • Amend SB LDRs to allow for an increase in Lot Coverage in exchange for the purchase of a requisite number of TDRs. • In circumstances where a developer requests a waiver from the DRB for additional building density/lot coverage and the DRB is inclined to grant such waiver the developer is required to purchase a requisite number of TDRs in exchange for the waiver. C. Add new Sending areas: • Designate areas in the SEQ that are presently Receiving Areas as Sending Areas to the extent a parcel is identified by the Interim Zoning Open Space Committee as high priority for conservation. • Add new Sending Areas that are outside of the SEQ to the extent a parcel is identified by the Interim Zoning Open Space Committee as high priority for conservation. D. Certain Receiving Areas in the SEQ would no longer be designated as such: • Sensitive areas in the SEQ identified by Interim Zoning Open Space Committee that are not “highest priority” could be developed, but not permitted to add units beyond their base density. E. There should be an attempt to ensure a balance between capacity for TDR usage and the supply in order to create a fair and well-functioning TDR market. As such, the Committee recommends that some attempt be made to estimate the potential total demand under the revised proposal. If necessary, the City might consider changing the formula of value. This could be done by revising the current TDR formula of 1 TDR per 0.83 acres in each Sending Area to more than 0.83 acres per TDR. F. The City could purchase and retire TDRs from select parcels that have the highest conservation value as indicated by the Interim Zoning Open Space Committee. G. The City should evaluate best practices to connect buyers and sellers of TDRs to create a fair TDR marketplace. draft 11 24 V.S.A. § 4423 states that the municipality shall maintain a map of areas from which development rights have been severed - the Sending areas. In addition to the completion and maintenance of a map showing all areas from which development rights have been severed, the committee recommends that the map also show the Receiving areas to which these development rights have been transferred including TDRs used across and within parcels . The VNRC's Guidance Document states that a successful TDR program should include administrative mechanisms to connect potential buyers and sellers and to ensure that the instruments transferring the conservation easements and the development rights are recorded. An administrative mechanism to connect potential buyers and sellers could be a “TDR Registry” or a “TDR Bank” administered by the City where owners of TDRs could voluntarily list or de-list their TDRs. The Registry or Bank shall be accessible to the public on the City’s website. The City shall establish and maintain a separate registry of deeds of transfer of development rights and associated conservation easements which shall be accessible to the public on the City’s website. The City shall create and maintain a TDR map showing in detail all areas and/or parcels from which TDRs have been used including across parcels and within parcels and all areas and/or parcels to which TDRs have been transferred. The TDR map shall be accessible to the public on the City’s website. The benefits of Option 4 are: • They are supportive of the City’s conservation goals. • The TDR program, as well as the density and conservation benefits, is retained in a meaningful form. The detriments of Option 4 are: • Complexity in determining sending and receiving areas • Estimating TDR demand, and therefore achieving some balance between TDR supply and demand, may be difficult • TDR values may be adversely impacted and TDR holders may feel unfairly treated Counsel has advised that the contemplated TDR uses are consistent with the uses contemplated by 24 V.S.A. § 4423. Counsel has further advised that landowners/TDR holders should not have valid legal claims against the City if the program were revised as proposed. Of these options, the Committee recommends option 4 The Committee does not recommend option 3 The Committee does not recommend option 1 because future regulatory changes could change zoning and thus undermine the permanent conservation intent of this option draft 12 draft 13 Attachment A 24 V.S.A. § 4423. Transfer of development rights (a) In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer of development rights. The bylaws shall do all the following: (1) Specify one or more sending areas for which development rights may be acquired. (2) Specify one or more receiving areas in which those development rights may be used. (3) Define the amount of the density increase allowable in receiving areas, and the quantity of development rights necessary to obtain those increases. (4) Define "density increase" in terms of an allowable percentage decrease in lot size or increase in building bulk, lot coverage, or ratio of floor area to lot size, or any combination. (5) Define "development rights," which at minimum shall include a conservation easement, created by deed for a specified period of not less than 30 years, granted to the municipality under 10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified purposes, but including, at a minimum, agriculture and forestry. (b) Upon approval by the appropriate municipal panel, a zoning permit may be granted for land development based in part upon a density increase, provided there is compliance with all the following: (1) The area subject to the application is a receiving area, and the density increase is allowed by the provisions relating to transfer of development rights. (2) The applicant has obtained development rights from a sending area that are sufficient under the regulations for the density increase sought. (3) The development rights are evidenced by a deed that recites that it is a conveyance under this subdivision and recites the number of acres affected in the sending area. (4) The sending area from which development rights have been severed has been surveyed and suitably monumented. (c) The municipality shall maintain a map of areas from which development rights have been severed. Following issuance of a zoning permit under this section, the municipality shall effect all the following: (1) Ensure that the instruments transferring the conservation easements and the development rights are recorded. (2) Mark the development rights map showing the area from which development rights have been severed and indicating the book and page in the land records where the easement is recorded. draft 14 (d) Failure to record an instrument or mark a map does not invalidate a transfer of development rights. Development rights transferred under this section shall be valid notwithstanding any subsequent failure to file a notice of claim under the marketable record title act. draft 15 Attachment B – Draft LDR Amendments Article 9. South East Quadrant - SEQ 9.01 Purpose 9.02 Comprehensive Plan 9.03 Uses 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map 9.05 Residential Density 9.06 Dimensional and Design Requirements Applicable to All Sub-Districts 9.07 Regulating Plans 9.08 SEQ-NRT SEQ-NR, and SEQ-NRN Sub-Districts; Specific Standards 9.09 SEQ-VR Sub-District; Specific Standards 9.10 SEQ-VC Sub-District; Specific Regulations 9.11 Supplemental Standards for Arterial and Collector Streets 9.12 SEQ-NRP; Supplemental Regulations 9.13 SEQ Review and Approval Process 9.01 Purpose A Southeast Quadrant 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 area of the City known as the Southeast Quadrant. The natural features, visual character and scenic views offered in this area have long been recognized as very special and unique resources in the City and worthy of protection. The design and layout of buildings and lots in a manner that in the judgment of the Development Review Board will best create neighborhoods and a related network of open spaces consistent with the Comprehensive Plan for the Southeast Quadrant shall be encouraged. Any uses not expressly permitted are hereby prohibited, except those which are allowed as conditional uses. 9.02 Comprehensive Plan These regulations hereby implement the relevant provisions of the City of South Burlington Comprehensive Plan, and any adopted amendments to such plan, and are in accord with the policies set forth therein. In the event of a conflict between the Southeast Quadrant chapter and other provisions of the Comprehensive Plan, the Southeast Quadrant chapter shall control. 9.03 Uses In the SEQ District, principal permitted uses and conditional uses shall be those shown in Table C-1, Table of Uses. 9.04 Designation of SEQ Sub-Districts and SEQ Zoning Map A. The SEQ District is divided into six sub-districts: (1) SEQ-NRP SEQ – Natural Resource Protection draft 16 (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. 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 & Residential Density Pursuant to 24 VSA 4423, the Transfer of Development Rights is hereby authorized within the Southeast Quadrant Zoning District and a program for the Transfer of Development Rights is hereby enacted. A. Sending and receiving areas (i) Lands within the SEQ-NR, SEQ-NRN, SEQ-VR, and SEQ-VC sub-districts are designated as receiving areas. (ii) Lands within the SEQ-NRP sub-district are designated as sending areas. (iii) Lands within the SEQ-NRT sub-district are designated both as sending areas and receiving areas. B. Assigned Density For the purposes of the Transfer of Development Rights program, all land in the SEQ District is provided an Assigned Density: (1) The Assigned Density within the SEQ-NRP, SEQ-NR, SEQ-NRT, SEQ-NRN and SEQ-VR sub-districts is 1.2 dwelling units per acre (2) The Assigned Density within the SEQ-VC sub-district is 4 dwelling units per acre. C. Allowable Density of Development without a Transfer of Development Rights (Base Density) Without the use of Development Rights, the number of dwelling units that may be located on, or the number of single family house lots that may be created within, a contiguous development parcel subject to a single PUD or Master Plan approval shall not exceed an average density and a maximum number of units per structure as follows: draft 17 (1) In the SEQ-NRP sub-district, the provisions of Section 9.12 shall apply. (2) SEQ-NR, SEQ-NRT, SEQ-NRN and SEQ-VR sub-districts: 1.2 dwelling units to the acre and four (4) units per structure. (3) SEQ-VC sub-district: Four (4) dwelling units to the acre. D. Allowable Density Increase with a Transfer of Development Rights With the use of 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) SEQ-NRT sub-district: Four (4) dwelling units to the acre (2) SEQ-NR sub-district: Four (4) dwelling units to the acre (3) SEQ-NRN sub-district: Four and two-thirds (4.67) dwelling units to the acre (4) SEQ-VR sub-district: Eight (8) dwelling units to the acre (5) SEQ-VC sub-district: Eight (8) dwelling units to the acre Such average densities may be achieved only through a Planned Unit Development (PUD) application and compliance with all required elements of this Section. 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 increase: To obtain the density increase allowable in a receiving area, development rights must be acquired from 0.83 acres of land in a sending area for each additional dwelling unit approved beyond the Base Density of the parcel subject to a single PUD or Master Plan approval. F. 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. draft 18 (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. 9.06-9.11 REMOVED FOR EASE OF READING THIS DRAFT 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. draft 19 (i)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of at least three (3) single family dwelling units on lots approvable in compliance with these Regulations, no subdivisions of land or construction of new dwelling units shall be permitted in the NRP subdistrict; (ii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of two (2) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to one (1) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iii)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is sufficient to accommodate the construction and use of one (1) single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to two (2) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; (iv)Where the DRB finds that the portion of the lot in any non-NRP SEQ sub-district is insufficient to accommodate the construction and use of any single family dwelling units on lots approvable in compliance with these Regulations, the subdivision of land and construction of up to three (3) new dwelling unit in the NRP subdistrict may be permitted by the DRB in compliance with these Regulations; and, (b) such lots shall have a minimum size of 12,000 square feet per dwelling unit, and, (c) the location of structures, yards, and access drives have no portion within a designated primary natural community or its related buffer, and, (d) The location of structures and access drives are clustered such that no dwelling unit is located more than one hundred (100) feet from any other structure, and, (e) The dwelling units shall be detached single family dwellings, and, (f) Such subdivision plan shall be subject to the Development Review Board’s approval of a conservation plan in a form acceptable to the City Attorney that permanently encumbers the land against further land subdivision and development. 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 draft 20 A. Single family residences and two-family residences on a single existing lot are specifically excluded from the review provisions of Section 9.13 of this article. All other development is subject to the provisions presented below. B. For all development other than that listed above in 9.13(A), the Development Review Board shall use the Planned Unit Development (PUD) review and approval process presented in Article 15, Subdivision and Planned Unit Development Review. draft 21 Attachment C draft 22 draft 23 draft 24 Attachment D Our community values a balance among our natural, open spaces and our developed, residential and commercial, spaces so that the flora and fauna coexist alongside human dwellings, schools, industries and services. All of these spaces will sustain our economic viability going forward. Together these spaces provide, for the benefit of our residents and visitors, clean, fresh air to breathe, clean water to drink and swim in, recreational opportunities, homes, jobs, and valuable industries and services. As more homes are built in South Burlington, we must examine carefully the intensity and nature of development and its potential impacts on the balance that we seek to maintain. Based on previous studies, the City needs to review developable lands outside of the Transit Overlay District and certain business park areas, including undeveloped open spaces, forest blocks and working landscapes such as the City’s remaining large farms and parcels in the Institutional & Agricultural District. City staff regularly considers the infrastructure and staffing needs, short and long term, of the community. For the past three years, some City department heads have raised concerns about an ongoing strain on City resources. In the face of ongoing development, South Burlington must continue to safeguard against the possibilities that the costs of emergency services and construction and maintenance of sewers and roads will outstrip City revenues such that City residents and business will face the prospect of an acute increase in their tax burden. For all these reasons, the City Council has adopted a smart growth strategy in its policy initiatives, including the preservation of open spaces, forest blocks and working landscapes, and amended the Land Development Regulations to encourage dense development in our urban core, which includes City Center and the Shelburne Road corridor. We also have sought to encourage commercial development and construction of affordable housing. However, the pace of residential development has outstripped the planning tools and processes intended to ensure sustainability and encourage affordability. With the delicate ecosystems and preparedness of both our natural and constructed infrastructure in mind, the City needs to determine what locations, types, and densities of development are most desirable in order to maintain the balance between natural and developed spaces and sustainability and to avoid a fiscal crisis -- not when it is upon us, but before we reach that point. For all these reasons, the City Council considers it necessary to preserve temporarily the land development that currently exists outside of the Transit Overlay District and certain business parks in order to accomplish the following tasks: - Undertake an analysis of undeveloped open spaces, forest blocks and working landscapes and update the prioritization of these lands for conservation, permanent open space, and/or recreation. - Give the Planning Commission time to complete its extensive study or analysis of Planned Unit Developments and Master Plans, which necessarily includes the study of density of development and open space. - Undertake an analysis of the program for the Transfer of Development Rights established in and by the Land Development Regulations and recommend options for its implementation. draft 25 - Conduct a cost-benefit analysis of hypothetical development, including density and type, on existing developable open spaces, forest blocks, and working landscapes. Once the City has determined which parcels in South Burlington are most critical to our environmental and economic goals, the City can assess whether, and possibly how, the current Land Development Regulations or tools, regulatory or nonregulatory, require amendment and act accordingly. draft 26 Attachment E Below is a summary of the science and other relevant information that supports preservation of open space in South Burlington. 1. Insect and animal species around the world are in sharp decline. Human sprawl is top of the list for these declines.3 2. Preservation of open space is a key component of the State’s Climate Action Report issued in July of 2018 (the “Vermont Climate Action Commission Executive Order No. 12-17 Report to the Governor July 31, 2018”, hereinafter, the “Climate Report”). As relevant the report provides: “We must strengthen compact development patterns, known as ‘smart growth,’ to enable efficient use of transportation and building energy while fostering strong and thriving communities… Achieving Smart Growth Smart growth represents an approach to land use that incorporates vital and compact city, town, and village centers surrounded by working farms, forests, and open space… Smart growth is energy efficient because it creates more housing choices close to jobs, stores, services, and schools, which encourages more walking and biking and makes public transit work better... That reduces greenhouse gas emissions, creates cleaner water and air, saves energy and money, and helps us meet the efficiency goals in the state’s Comprehensive Energy Plan and Regional Energy Plans… Our scenic and working lands also provide critical environmental functions and provide economic vitality.” And, with respect to carbon sequestration: “Sequestering Carbon on Vermont’s Farms and in Its Forests, Vermont’s working lands can be managed to “reverse” greenhouse gas emissions, and it’s already occurring in places… [R]educing soil disturbance keeps existing soil carbon in the soil. Second, while we have lost much of our agricultural soil carbon through 100 years of tilling, that loss can be reversed by adopting a reasonable set of conservation practices.” South Burlington has itself committed to addressing the climate change threat. In 2017 the City committed to adhere to the goals of US under the Paris Climate Accord which mandates reductions in the City’s greenhouse gas emissions by 26-28% from 2005 levels. 3 A February study in the journal of Biological Conservation shows 41 percent of insect species have seen steep declines in the past decade. The report concludes that North American butterflies have declined by 53 percent, grasshoppers and crickets by 50 percent and bee species by 40 percent of bee species. "Only decisive action can avert a catastrophic collapse of nature's ecosystems," the authors cautioned. https://phys.org/news/2019-02-world-catastrophic-collapse-insects.html#jCp Human sprawl is top of the list for these declines. Mammals, birds, fish, reptiles and amphibians are also in a massive decline. The 2018 Living Planet Report by the World Wildlife Fund concludes that between 1970 and 2014 the planet has lost nearly 60% decline of its mammals, birds, fish, reptiles and amphibians, almost all of it due to human activity. The rate at which Earth is losing its biodiversity is comparable only to the mass extinctions. South Burlington is home to a wide range of wildlife, from insects and worms, to larger mammals like beaver, fox, coyotes, bobcats, deer, and occasionally moose and bear. Many bird species are also present, including some ground nesting species whose populations have declined in Vermont in recent years due to changing agricultural practices. (Comprehensive Plan, 2-103). draft 27 3. Preservation of open space are key action items in the 2014 Chittenden County Regional Planning Commission Climate Action Guide (the “CCRPC Guide”). The CCRPC Guide recommends the following actions: o Action 2: Preserve open space and agricultural land. Preservation of agricultural lands can mitigate GHG emissions through the storage of carbon below ground in soils and in above ground vegetation. Additionally, maintaining land in agriculture prevents development on these lands that could otherwise be developed and become a source of a significant amount of carbon emissions from transportation and building energy use. Agricultural lands can also provide area to grow crops for biofuels. Municipal land use plans, policies, and zoning regulations are the tools that a town can use to preserve agricultural lands. (page E-13) o Action 3: Maintain or restore habitat connectivity. Climate change will affect location suitability for natural communities. Habitat connectivity will allow animal and plant species to migrate to more suitable locations (e.g., upslope, higher latitudes). Protecting critical habitat locations and wildlife linkages from development is vital for wildlife species that could be endangered by a changing climate. Reducing development pressures within the rural landscapes of Chittenden County can be accomplished through allowing higher density in villages and growth centers and adopting conservation districts in areas that are primarily forested or open... Reducing development pressures within the rural landscapes of Chittenden County can be accomplished through allowing higher density in villages and growth centers and adopting conservation districts in areas that are primarily forested or open. (page E-14) 4. Shifting development away from open space is consistent with specific recommendations to the City Council made by the “Vermont Smart Growth Initiative” (signed on behalf of the Vermont Natural Resources Foundation and the Conservation Law Foundation) in a March 2, 2005 letter. The letter provided comments on the changes proposed to the LDRs: “While the proposal does a good job of targeting development into growth areas, these areas should be compact and should not be scattered within the SEQ… The growth areas should be more concentrated in the northern part of the SEQ where most of the development already exists… Providing for more compact growth in a smaller area of the SEQ would also provide efficiencies and reduced costs for road, sewer and other City infrastructure… The proposal fails to recognize the SEQ’s important rural and agricultural resources and features. The agricultural value of the land in the SEQ should be protected… Overall the proposal should strive to encourage and maintain agricultural uses in a variety of forms in the SEQ as this provides important diversity and supports the City’s efforts to develop a more compact town center and local growth areas.” These comments are similar to earlier comments provided to the Planning Commission on April 17, 2002 by the Conservation Law Foundation: “To maintain the rural, agricultural and natural features of the SEQ, the overall densities in the area should be low. The Town Zoning and Subdivision regulations should focus on an overall low density for the area instead of managing growth by setting standards for lot size. A significant portion of this area, where agricultural uses are present and can draft 28 continue, should maintain a density of 25 acres per unit. To allow large tracts of land to remain in agriculture with this density, small lots sizes should be allowed, provided the overall density for a particular area is maintained. With this model, a 100-acre parcel at a density of 25 acres per unit could have 4 units. With a maximum lot size of 1/3 acre, less than 2 acres would be used for development while 98 would be available for agricultural uses. Smaller lots sizes would also allow compact neighborhoods to be established in areas where services are available while still protecting the rural features of the SEQ.” 5. In South Burlington residents consider preservation of open space one of their very highest priorities. See Exhibits A through E (with respect to the 2011 Community Survey Report). These conclusions are consistent with the election day poll in 2012 where voters ranked preserving open space as the second most important issue (behind completing the city center project) to the vitality and quality of life in South Burlington. Residents were also polled in connection with the 2018 midterm elections. Preservation of open space was not one of the options provided to voters in the 2018 poll to rank as an “important issue” so these results cannot be directly compared with current attitudes. However, in the 2018 poll, more residents thought that the city was making only fair or poor progress on conservation of open space than in 2016 (45% to 40%) and only 7% of residents thought that progress on conservation of open space was excellent. Fully 80% of residents were willing to pay an extra $100 of property tax to permanently preserve more open space. This is the highest polling for this question over the past four decades (see Exhibit G).4 4 The poll also asked voters that were familiar with the SEQ: “Over the past decades, the SEQ has seen a number of new residential neighborhoods built, but the City has also set aside many areas that will never be built on. Overall, do you like the looks of the way this area is evolving or do you not like it?” with 62% of respondents saying “I like it”. It would have been helpful to directly ask voters whether they favor more residential development in the SEQ as “liking the looks” of the SEQ does not clearly indicate the views of voters toward open space. draft 29 Exhibit A - South Burlington 2011 Community Survey Report Preservation of Open Space and Natural Resources was the second most important issue to the residents polled. draft 30 Exhibit B - South Burlington 2011 Community Survey Report For the SEQ, the vast majority of residents responded that current zoning regulations allow too much housing. draft 31 Exhibit C - South Burlington 2011 Community Survey Report Less than thirty percent of residents responded that future residential development in South Burlington should be in the SEQ. draft 32 Exhibit D - South Burlington 2011 Community Survey Report Over 70% of residents responded that TDR use in the SEQ should be limited. draft 33 Exhibit E draft 34 Attachment F – TDR Overlay District Map Recommended Zoning with TDR Overlay R2 —> R7 = 1. PURPLE R4 —> R7 = 7, ORANGE R4 —> “Transition Zone” = A, B 12 & 13 LIGHT BLUE (when R7/C1) (LIGHT GREEN when R7 only) (YELLOW When INSIDE Neighborhood Like Shelburne RD “secondary”) R7/C1 —> R12/C1 = 6 DARK RED R7/C2 —> R12/C2 = 3. LIGHT PINK IA —> R7 = 14a. DARK GREEN outline Unassigned But Opportunity = 2, 5, 9, 14, 16, RED OUTLINE Plann Comm considering changes. Include TDRs? (Paul’s Pink Map) 17 BRIGHT PINK https://www.arcgis.com/home/webmap/viewer.html?webmap=981146b29160450aa194e05f3104d33b&extent=- 73.2422,44.4126,-73.0416,44.4834 draft 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 Form Based Codes Subcommittee SUBJECT: Proposed Form Based Code Land Development Regulation Amendments DATE: August 13, 2019 Planning Commission meeting The Form Based Codes Subcommittee presents the enclosed proposed amendments to the Land Development Regulations. The Subcommittee was tasked, in the spring, with assessing possible amendments and making specific recommendations to the Commission. The Subcommittee’s charge was to vet possible amendments so that the Commission would be able to move directly to a public hearing. Enclosed with your packet please find the Subcommittee’s first series of proposed amendments to the City Center Form Based Code. The Committee is working on through a long list but felt that these five (5) amendments were now ready to advance to public hearings and possible action. Following the same convention as the prior round of PC amendments, each amendment is numbered (LDR-19- **). 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 September 10th at 7:00 pm. As with each set of amendments, we will be having a legal review of each amendment prior to that time. All of the proposed amendments were approved by a 4-0 vote for submittal to the Commission and recommendation for the Commission to warn a public hearing. LDR-19-08 T4 Window Heights Draft for Planning Commission Review August 13, 2019 | 1 LDR-19-08 Reduce first story minimum window heights and establish privacy standards in FBC T4 District Section 8.13 T-4 Urban Multi Use Building Envelope Standards (7)Glazing (a)First Story Min. 40% of the Width of the Building, and Min. 7.5' in height for non-residential and 6' in height with Min. head height of 7.5' for residential Min. 20% of the Width of the Building, and Min. 7.5' in height for non-residential and 6' in height with Min. head height of 7.5' for residential (b)First Story, percent of glazing required to be transparent 75% Min.75% Min. (c )Upper Stories (d)Upper Stories, percent of glazing required to be transparent (d)Ground story residential privacy Ground story facades facing a street or public park shall be designed to provide privacy to the interior of the units through either establishing a window sill height of at least 36" above the adjacent sidewalk or a combination of landscaping and hardscaping to create the same effect. See Note 2 See Note 2 LDR-19-09 Open Space Location Draft for Planning Commission Review August 13, 2019 | 1 LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions 8.08 Open Space Requirements … Table 8-1 Open Space Requirements Transect Zone Residential/No n-Residential Parcel Size Qualifying Open Space Required Additional Restrictions, Requirements, or Allowances Public Realm Requirement T5 Non-Residential All 5% of non- residential building gross floor area May locate qualifying open space off-site (1) or purchase credits Whether on or off site, 100 % must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit May locate qualifying open space off-site (1) pursuant to BES or purchase credits No public realm requirement for residential component Residential, 10- 19 Units All 85 Square Feet Per Unit May locate qualifying open space off-site (1) pursuant to BES or purchase credits No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit May locate qualifying open space off-site (1) pursuant to BES or purchase credits No public realm requirement for residential component T4 Non-Residential <20,000 SF 6% of non- residential building gross floor area May locate qualifying open space off-site (1) or purchase credits Whether on or off site, 75% must be part of the public realm Non-Residential >20,000 SF 6% of non- residential building gross floor area Qualifying Open Space must be located on-site or within close proximity (2) within 150’ of the site and directly accessible from the site Whether on or off site, 75% must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying Open Space must be located on-site or within close proximity (2) within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 10- 19 Units All 85 Square Feet Per Unit Qualifying Open Space must be located on-site or within close proximity (2) within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 20 or more Units All 60 Square Feet Per Unit Qualifying Open Space must be located on-site or within close proximity (2) within 150’ of the site and directly accessible from the site; 50% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component LDR-19-09 Open Space Location Draft for Planning Commission Review August 13, 2019 | 2 T3/T3+ Non-Residential All 6% of non- residential building gross floor area Qualifying open space must be located on site (1) Minimum 30% must be part of the public realm Residential, Less than 10 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site (1) No public realm requirement for residential component Residential, 10- 19 Units All 100 Square Feet Per Unit Qualifying open Space must be located on site (1); 25% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component Residential, 20 or more Units All 90 Square Feet Per Unit Qualifying open Space must be located on site (1); 40% or more must be commonly accessible to all tenants/residents No public realm requirement for residential component (1) For the purpose of Section 8.08, “On-site” shall mean the area subject to the approved area of the site plan, and “off- site” shall mean any other land within the City Center Form Based Code district. (2) For the purposes of Section 8.08, “Close Proximity” shall mean that a pedestrian entry to a Qualifying Open Space is within ¼ mile of the nearest common entrance on a primary or secondary façade, measured along pedestrian infrastructure such as sidewalks, trails, recreation paths, and marked crosswalks. Where no common entrance exists on a primary or secondary façade, the mid-point of a building’s primary or secondary façade shall be used for this calculation. Close proximity shall be measured for each building, though open spaces may serve multiple buildings provided the overall area requirements are met. … E. Locating Open Space Off-Site (1) Qualifying open space may be located off-site, or on a parcel other than the one where the subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must be located within City Center FBC District boundaries, must meet any locational requirements of Table 8-1, and must meet the standards articulated herein. Designated off-site open space must qualify under the palette of options listed in Table 8-2. (2) Designated off-site qualifying open space shall be located on developable land. For the purposes of this section (8.08(D)), developable land is an area of land within the City Center FBC District that feasibly can be developed with residential uses or mixed uses in accordance with the Code as determined by the DRB. Developable land area shall not, except where otherwise specified, include: (a) Land area that is already substantially developed, including existing parks and dedicated, perpetual open space within such substantially developed portion; (b) Areas of contiguous land that are unsuitable for development because of topographic features or for environmental reasons, per chapter 12 of these regulations. (3) Wetlands and wetland buffers shall not be designated as off-site qualifying open space areas, unless the DRB makes a finding that the wetland and/or wetland buffer is improved and can be actively and explicitly used as a qualifying Open Space pursuant to this Article and Appendix F. In considering whether to make this finding, the DRB may wish to consider the reasonable and expected use of the wetland, and refer to the specifications for “Enhanced or Recreational Wetlands” in Appendix F of these Regulations. If the DRB makes such a finding, that wetland and/or wetland buffer shall not count as more than 50% of the minimum required qualifying open space. (4) Pre-approval of open space. An applicant that constructs a greater area of open space than the minimum required area may apply that additional open space that exceeds the minimum towards the required open space for a future building. LDR-19-09 Open Space Location Draft for Planning Commission Review August 13, 2019 | 3 In doing so, the applicant shall demonstrate with each such building that the off-site open space is qualifying for the proposed building in question. F. Off-Site Open Space Credits (1) Applicability. In lieu of providing Open Space as required by these Regulations, an applicant may contribute to a designated City Fund that shall be used to acquire Open Space and/or for Open Space capital improvements, both within the City Center FBC District, subject to the following conditions and requirements: (a) In the T5 and T4 Transect Zones, a contribution may be provided in lieu of Open Space for any parcel of less than two (2) acres in size existing as of the date of adoption of these regulations (or where two or more smaller parcels are merged at any time and the total remains less than two (2) acres). (b) In the T5 Transect Zone, a contribution may be provided in lieu of no more than 50% of the minimum required qualifying Open Space for any parcel of two (2) acres or more. (2) Amount of Contribution. The amount of contribution shall be calculated as follows: the minimum required percentage of qualifying Open Space per Table 8-1 multiplied by the mean current assessed value of the land of all parcels of two (2) acres or less within the T5 and T4 Transect Zones. LDR-19-10 Off-site Landscaping Draft for Planning Commission Review August 13, 2019 | 1 LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district 8.08 Open Space Requirements … G. Landscaping Requirements (1) Per Section 13.06(G), new development must meet a minimum landscaping budget equal to 3% of the first $250,000 of construction costs, 2% of the next $250,000, and 1% of remaining construction costs. This section requires that this investment be in trees and shrubs, and on-site. (2) WithinFor the City Center FBC District, a portion of the minimum landscaping budget may be used applied to for other non-bulb perennial vegetation, art, decorative hardscapes, or other publicly welcoming amenities, as detailed in Table 8-3 and Appendix F, as part of a cohesive landscape plan that provides adequate planting of trees and shrubs appropriate to the site., and when located within the public realm as defined in these Regulations. (3) Off-site landscaping. Where Open Space is approved to be located off-site or within a specified distance of the site pursuant to Section 8.08(E), up to eighty-five (85) percent (30) percent of the required landscaping budget may also be located off-site. Prior to the application of any landscaping budget off-site, the In such instances, the applicant shall demonstrate to the Administrative Officer that the site has been adequately landscaped with trees, shrubs, and other non- bulb perennial vegetation, to provide a cohesive landscape plan. When off-site use of landscaping is proposed, the total required landscape budget shall increase by fifteen (15) percent. Table 8-3. Landscaping Options Zone Maximum use of Minimum Landscaping Budget Acceptable Palette of Options T5 60% 90% Palette includes commissioned sculptures (excluding signss), fountains, ornamental planters, ornamental or commissioned benches*, decorative hardscapes, and ornamental or commissioned bicycle racks* T4 40% 80% Palette includes same as T5. T3/T3+ 30% Palette includes same as T5; also includes structural or enhanced soils for community gardens, gazebos for common use, and rain gardens (as restricted in Appendix F). *credit may be given for the difference by which the proposed amenity exceeds the specified requirement for the district, at the discretion of the Administrative Officer or the Development Review Board where applicable s As defined in the South Burlington Sign Ordinance Credit will not be given for the value of the land under which any of the above are constructed. LDR-19-11 Reserved building space Draft for Planning Commission Review August 13, 2019 | 1 LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts 8.05 Parking A. On Street Parking. The selection of diagonal or parallel parking along any section of road shall be determined by Street Type and Street Typology and consultation with the Department of Public Works. B. Off-Street Parking placement. (1) Where all Frontage Buildout requirements have been met, off-street surface parking shall be permitted, but shall be set back a minimum of 25 feet from the closest street line. (2) On a lot that complies with all requirements of the applicable BES, the Development Review Board may approve surface parking which is within the 25-foot setback and which is not hidden from view from the street by a building, provided: (a) the subject parking represents the smallest practicable portion of the total parking required for the property; and, (b) the area encompassed by the subject surface parking represents a significantly minor incursion with the 25-foot setback. (3) Notwithstanding (1) above, no parking shall be permitted within one hundred and forty feet (140’) of an existing, planned or proposed qualifying street unless the Frontage Buildout requirements for all areas between the street right-of-way and proposed parking have been met, regardless of whether such areas are on one or multiple lots with one or multi ownerships. (a) This figure shall be reduced to eighty sixty-two feet (62’ 80’) where the applicant demonstrates that this area has a shared parking agreement that would allow for the development of the area without parking within this eightysixty-two-foot (62’80’) area. Screening with vegetation or a non-plastic fence or wall of at least three (3) feet in height shall be installed along the street frontage until such time as the area is developed. The Administrative Officer may approve the screening to be at the rear of the area, adjacent to parking, where it presents a better overall landscape treatment for the site. LDR-19-12 Upper Story Glazing Draft for Planning Commission Review August 13, 2019 | 1 LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 districts 8.13 T-4 Urban Multi-Use Building Envelope Standards … (C) Building Standards … (7) Glazing … (c) Upper Stories See Note 2 (d) Upper Stories, percent of glazing required to be transparent See Note 2 8.14 T-5 Building Envelope Standards … (C) Building Standards … (7) Glazing … (c) Upper Stories See Note 2 (d) Upper Stories, percent of glazing required to be transparent See Note 2 T4 Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (3) (e) A minimum of 85% of all required glazing shall be transparent (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. (a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout on the BES shall be reduced by 50% on the street containing the secondary building facade. Standard does not apply to a building façade abutting an Intertstate or Interstate ramp (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. LDR-19-12 Upper Story Glazing Draft for Planning Commission Review August 13, 2019 | 2 T5 Notes (1) (2)Upper Story Glazing Shall comply with the following standards: (3)Building Break Standards also apply to any façade facing a Qualifying Open Space (e) A minimum of 85% of all required glazing shall be transparent (d) Glazing on upper stories shall not be flush with building surface material and shall be recessed a minimum of 3 inches, except for bay windows and storefronts. (e) Upper story windows/glazing (not doors) shall be no closer than 30 inches to building corners (excluding bay windows and storefronts). If a corner lot is 100’ or less in width along the street containing the primary building facade and greater than two (2) times that width in depth, the required frontage buildout in the BES shall be reduced by 50% on the street containing the secondary building facade. (a) Upper story glazing shall be a minimum of 30% percent of the façade area below the roofline on the primary building facade and 20% on secondary building facades. (b) 80% of glazing on upper stories shall be taller than wide (c) The required percentage shall be achieved by multiple openings. Windows may be ganged horizontally if each grouping (maximum five per group) is separated by a mullion, column, pier or wall section that is at least 7 inches wide. 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 ******** 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 **************, 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-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District B. LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts E. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts 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): “…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 (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-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District Brief explanation of the proposed bylaw The amendment would reduce the minimum height of residential first story windows in the T4 from 7.5’ to 6’, establish a minimum head height, and require design to promote privacy for first story residents. (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 will promote greater quality of life for first-story residential units in the T4, and promote safety of residents through greater privacy. The amendment will not affect the affordability of housing in any substantive manner. (2) Is compatible with the proposed future land uses and densities of the municipal plan. The proposed amendment will not affect proposed future land uses or densities as presented 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. B. LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions Brief explanation of the proposed bylaw The proposed amendment would allow for open space required for residential development in the FBC T4 district to be located within ¼ mile walking distance of the building itself, an increase over the present standard. It would also clarify that the option to make a payment-in-lieu of provision of open space applies only to pre-existing lots of less than 2 acres in size. (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 remain consistent with the Plan’s goals for open space within walking distance of homes and will have no substantive effect on the availability of safe and affordable housing. 3 (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. C. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district Brief explanation of the proposed bylaw The proposed amendment would allow up to 85% of a project’s minimum landscaping budget to the used at approved off-site open space locations, upon demonstration that the site itself is sufficiently landscaped. In addition, a greater proportion of the minimum landscaping budget may be used for hardscape features (90% in T5, 80% in T4). (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 calls for a compact, well-designed urban area in City Center. Allowing more landscaping to be used off-site and/or be used for hardscaping reflects this objective. The proposal will have no effect 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 materially 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. D. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts Brief explanation of the proposed bylaw The proposed amendment would reduce the minimum distance a parking area may be from a planned or existing public street where no building is present (the “reserved area” for a future 4 building) from 80’ to 62’ in the event parking behind that area is shared. Also requires screening of the area from the frontage area. (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 will support ongoing infill development in the City Center area as envisioned in the Plan. The amendment would have no significant 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. 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-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts Brief explanation of the proposed bylaw The proposed amendments would eliminate the requirement for upper story glazing to be located at least 30” from the corners of buildings in the T5, and clarify that there is an overall 85% minimum requirement for upper story glazing to be transparent in T4 and T5. (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 not anticipated to have any impacts on the availability of safe and affordable housing and are consistent with the Comprehensive Plan’s goals for a well- designed City Center area. (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. SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 23 JULY 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 23 July 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair (via phone); T. Riehle, M. Ostby, Acting Chair; M. Mittag, A. Klugo, D. MacDonald ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; T. McKenzie 1. Directions on emergency evacuation procedures from conference room: Ms. Ostby provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby noted this area has the highest level of median house pricing. Mr. Conner directed attention to his written report. He also noted the “SoBu Night Out” events every Thursday at Veterans’ Memorial Park. 5. Planned Unit Development/Master Plan/Subdivision Standards: a. Building Typologies: Ms. LaRose said this information hasn’t yet been sent to the PUD consultant. She added that the biggest question is how much detail should there be for this since people often like an area because of building types. Mr. Mittag asked if there are other communities dictating building types. Ms. LaRose and Mr. Conner noted Burlington, Winooski, Essex and Brattleboro. Mr. Riehle said PUDs are more of a suburban thing, and since he is not a professional, he would like to know what professionals think. Ms. Ostby felt that a lot of the information on the chart was more for the city than for suburbs. Mr. Conner said one of the primary uses of building types is to establish standards at transitions. 2 Ms. LaRose thought you can have a building of a certain size and not know how many units there are inside. She cited the converted Victorian homes in St. Johnsbury where you can’t tell there are smaller units in them. Mr. Klugo said that what he might think is “bad,” someone else might think is “good.” You can’t legislate taste. He felt the you can define materials (e.g., no plastic fences), and the quality of the materials will dictate the quality of the development. The issue, he felt, is going to be the traffic. Mr. Klugo also noted that the idea behind Form Based Code was predictability. People felt they were going to a neighborhood where they want to live, that had a “predictable minimal level of design.” It may not be ideal, but it is OK. He felt the Commission should focus on the right to be flexible and sustainable. He cited large factory buildings in other cities being converted to many contemporary uses. He also cited the quality in commercial spaces, noting that you can use a residential door in a commercial building. Ms. Louisos questioned whether categories are mutually exclusive and asked about mixed uses. Ms. LaRose said they are designed to be exclusive, but she would take another look at that. Ms. LaRose then questioned whether these building types would have a place outside of PUDs and whether they should be required whether or not they are in a PUD. Mr. Klugo said a PUD is an organizing tool. It is about place marking….images we have that go with a place. Another of Ms. LaRose’s questions is whether some building types should track closer to the Form Based Code standards or whether building development outside the FBC could be slightly less defined. For example, is there enough, too little or too much focus on window treatments, glazing, doors, etc. Mr. Klugo felt that again the focus should be on materials. Mr. Mittag suggested picking out a “menu” of attributes from the FBC. Mr. Klugo suggested lists of options (e.g., balconies, porches). Ms. Ostby cited the need to celebrate individuality. Ms. LaRose noted that vinyl siding is not allowed in the FBC. She questioned whether commissioners thought it should be prohibited elsewhere. Mr. Klugo cited a nice neighborhood in Saratoga which is all vinyl but you’d never know it. There are also stone features, etc. He also noted the question of affordability. Mr. Mittag said products have improved, and the benefits of vinyl are unmistakable. He noted that his development now allows certain brands of vinyl (approved in the past few months). Mr. Klugo cited the possibility of a developer who wants to build homes with more modern materials. He said it is how those materials are used that matters. He would never say no to any rational material. He stressed the importance of not having a “one size fits all.” 3 Members then considered the possibility of relaxed setbacks, possibly having building types be located close to the street and possibly having reduced lot sizes or lot frontages (i.e. having buildings be required to be closer together). Ms. Ostby felt setbacks didn’t matter as long as all homes followed the same line. Ms. LaRose suggested that different PUD types could have different setbacks. Mr. Klugo showed pictures of his favorite neighborhood in Birmingham, Michigan, with different styles of homes and with 2-story commercial buildings knitted into the neighborhood. There were also multi- family buildings, some infill, etc. What he felt makes it work are the trees and the equal setbacks. Mr. Conner noted there also aren’t 2 and 4-car garages facing the street. Mr. Riehle asked how you preclude having 10 houses all the same. Mr. Klugo noted that the houses he showed are being re-developed. He wanted to provide the opportunity for this to happen 20 to 25 years from now. Mr. MacDonald noted that every house on Pheasant Way has a different setback, and he felt this provides variety. Mr. Klugo felt there are tools to make adjacent houses look different even though you can tell they are from the same builder. Mr. Riehle noted the eastern part of the Chittenden Cider Mill development are all very similar houses. Mr. Conner said they were built before the new standards. Mr. Conner noted that the Affordable Housing Committee is interested in weighing in on these issues. Mr. Klugo explained that the ADA standards are different for 3 or 4 unit buildings. He said that rowhouse/town house designations should be different for 1-3 units and for 4-12 units because of how you have to design them to meet the code (e.g., entrances). b. Review table of proposed PUD applicability by zoning district: Mr. Conner questioned what should happen with the R-1 District which is just a short stretch on Spear Street. All other zones are 4/acre or more with a PUD, but the R-1 on Spear Street (west side) has no density increase through PUDs. If TNC is allowed in R-1, then development at 4/acre would be allowed in this area. Ms. Ostby questioned whether now is the time for a density change in R-1. Mr. Riehle suggested that one part of the city could have a character all its own. He felt people should have the right to have those big homes and pay those big taxes. Mr. Klugo agreed. Mr. Conner noted that meant PUDs would not be applicable in that district. Mr. Conner asked members to think about what they would like to see at the south end of Shelburne Road, possibly something that changes it from an industrial district that allows housing to a mixed commercial-residential district. He also suggested that perhaps a campus PUD is not appropriate here. 6. Discuss City Center Portion of Official Map: 4 Mr. Klugo advised that the FBC subcommittee is still working on this project and is not yet ready to make a recommendation. He also noted that the City Council acted to remove the streets from the city map. 7. Staff Update on Possible Solar Requirements Associated with New Construction: Mr. Conner reviewed the history. He noted that a meeting was held with developers, including one solar developer. All are moving in the direction of solar, but the biggest obstacle involves appraisals and banks which is making solar out of people’s reach. Mr. Klugo noted Councilor Tom Chittenden’s idea of having the city own the solar installation and having the home owner pay into it because now there is no incentive for homeowners to install solar when they may not own the home when the solar installation begins to ‘pay back.’ Mr. Conner said the feeling at the meeting was that there is more viability for solar with commercial buildings early on. 8. Preparation for Joint Meeting with City Council and Interim Zoning Committees: Mr. Conner outlined the format for the meeting and noted that after the meeting the Commission will start to get final reports from the IZ groups. Mr. Klugo was concerned that the Planning Commission won’t have a chance to meet prior to the joint meeting to discuss such things as TDRs. He felt it put the Commission in an awkward position. Mr. Conner suggested the Commission may need a more in-depth presentation from committees after that meeting. Ms. LaRose noted this is only step one to tie things together. Mr. Klugo said that point should be made at the start and to see the meeting as a “listening exercise.” Ms. Louisos felt members shouldn’t be afraid to add questions and comments. 9. Reports from Committee/Working Group Liaisons: Mr. Klugo: Form Based Code Committee is working on a package to bring to the Commission consisting of about 4 items for the Commission to review and warn. Ms. Louisos: The Natural Resources Committee has made a lot of progress re: forest areas and agriculture. They are coming up with a 2-tier system: higher and secondary class recommendations. They are also looking at mapping. Mr. Mittag: The TDR Committee will meet on Tuesday to prepare for the joint meeting and to get their report into a form to present. 10. Meeting Minutes of 9 July 2019: Mr. Mittag moved to approve the Minutes of 9 July 2019 as written. Mr. MacDonald seconded. Motion passed 6-0. 5 11. Other Business: Mr. Conner drew attention to the solar array applications in the meeting packet. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:13 p.m. _____________________________, Clerk Williston Unified Development Bylaw Amendments- Transportation Impact fee 1 | P a g e August 2, 2019 Memorandum TO: Vermont Department of Housing and Community Development Chittenden County Regional Planning Commission City of South Burlington Planning Commission Town of Essex Planning Commission Town of Hinesburg Planning Commission Town of Jericho Planning Commission Town of Richmond Planning Commission Town of Shelburne Planning Commission Town of St. George Planning Commission Village of Essex Junction Planning Commission FROM: Matt Boulanger, AICP, Planning Director DATE: August 2, 2019 SUBJECT: Town of Williston Unified Development Bylaw – proposal to amend the following chapter: Chapter 45 Transportation Impact Fee The Town of Williston is considering revising the portions of its development regulations governing the amount and method of assessing a transportation impact fee. The proposed amendments to the Williston Unified Development Bylaw (WDB) will amend Chapter 45. The Williston Planning Commission will hold a public hearing to consider the Williston Unified Development Bylaw on Tuesday, August 20, 2019 at 7:00 PM in the Town Planning and Zoning Conference Room on the first floor of the Williston Town Hall Annex located at 7900 Williston Road, Williston, Vermont. Public comment at this hearing is welcomed and encouraged. The proposed amendments to the Town’s Unified Development Bylaw are intended to focus the collection and expenditure of Town Transportation Impact fees on Town projects that will reduce the congestion that will otherwise be created by new development, based on a project and fee horizon of 2040. Changes include: • Raising the fee from $700.00 per PM Peak Hour Vehicle Trip to $2000.00 per PM Peak-Hour Vehicle Trip. • Exempting units that will be perpetually affordable at 80% of the area median Income from the requirement to pay a transportation impact fee. • Exempting new child care facilities from the requirement to pay the fee. • Clarifying how developments that have constructed or contributed to the construction of impact fee projects will eb able to credit that construction or contribution against impact fee liability. Additional information can be obtained by contacting Matt Boulanger, Director of Planning at the Williston Planning Office by calling (802) 878-6704, or by email to mboulanger@willistonvt.org . Attachments: Planning Commission Reporting Form for Municipal Bylaw Amendments Williston Unified Development Bylaw with Proposed Changes Williston Unified Development Bylaw Amendments- Transportation Impact fee 2 | P a g e August 2, 2019 Town of Williston, Vermont 7900 Williston Road Williston, VT 05495 Planning Commission Reporting Form for Municipal Bylaw Amendments The Town of Williston, Vermont is proposing changes to the town’s development regulations contained in the Williston Unified Development Bylaw. This report summarizes the proposed changes to the chapters of the Unified Development Bylaw being considered. This report is in accordance with 24 V.S.A. §4441 (c) which states: “When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The report shall provide (:) a) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under section §4444 of this title, The proposed amendments to the Town’s Unified Development Bylaw are intended to focus the collection and expenditure of Town Transportation Impact fees on Town projects that will reduce the congestion that will otherwise be created by new development. Changes include: • Raising the fee from $700.00 per PM Peak Hour Vehicle Trip to $2000.00 per PM Peak-Hour Vehicle Trip. • Exempting units that will be perpetually affordable at 80% of the area median Income from the requirement to pay a transportation impact fee. • Exempting new child care facilities from the requirement to pay the fee. • Clarifying how developments that have constructed or contributed to the construction of impact fee projects will eb able to credit that construction or contribution against impact fee liability. b) 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: 1. Objective 14.1 of the Williston 2016-2024 Comprehensive Plan calls for the Town of Williston to: “revise its bylaws to be consistent with the policies adopted in this plan. These revisions will take the form of a unified development bylaw. These proposed changes will help ensure that the town’s development regulations are consistent with this recently adopted version of the town’s comprehensive plan.” Williston Unified Development Bylaw Amendments- Transportation Impact fee 3 | P a g e August 2, 2019 2. Policy 6.6.2, Monitor and Evaluate the Transportation Impact Fee, states: “Williston has charged transportation impact fees since 1987, raising more than $2 million. The current impact fee of $700 per peak hour trip end was updated in 2008. The town will monitor and evaluate the effectiveness of the impact fee program and consider revising it to reflect current costs and match the priorities for improvements adopted in this plan.” 3. The revised fee contains specific exemptions from the fee for perpetually-affordable housing units. 2. Is compatible with the proposed future land uses and densities of the municipal plan: The revised list of transportation improvements upon which impact fee monies may be spent is focused on the construction of or improvements to the grid street network in the Town’s state-designated Growth Center at Taft Corners, along with some funds to encourage the development of a multi-use path connecting Williston Village Designated Village Center to the Growth Center, in keeping with the land use goals of the 2016 Williston Comprehensive Plan and the 2018 amendment to that plan, the Williston Village Master Plan. 4. Carries out, as applicable, any specific proposals for any planned community facilities. The list of impact fee projects is taken directly from policy goals and projects outlined in section 6.4 of the Williston Comprehensive Plan, with a heavy focus on projects the Town will be responsible for constructing. Williston Unified Development Bylaw Amendments- Transportation Impact fee 4 | P a g e August 2, 2019 Certification of Service Vermont Agency of Commerce and Community Development One National Life Drive Deane C. Davis Building, 6th Floor Montpelier, VT 05620-0501 Chittenden County Regional Planning Commission 110 West Canal Street, #202 Winooski, VT 05404 City of South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 Town of Essex Planning Commission 81 Main Street Essex Junction, VT 05452 Town of Hinesburg Planning Commission 10632 Route 116 Hinesburg, VT 05461 Town of Jericho Planning Commission P O Box 39 Jericho, VT 05465 Town of Richmond Planning Commission P O Box 285 Richmond, VT 05477 Town of Shelburne Planning Commission P O Box 88 5420 Shelburne Road Shelburne, VT 05482 Town of St. George Planning Commission 1 Barber Road, St. George, VT 05495 Village of Essex Junction Planning Commission 2 Lincoln St. Essex Junction, VT 05452 Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw P a g e 45- | 1 Deleted: Adopted by the Selectboard: 6/1/2009 Deleted: 25/19/20198 Chapter 45 Transportation Impact Fees This chapter establishes a transportation impact fee that must be paid by most development projects. 45.1. Purpose – Authority - Repeal 45.1.1 Why does Williston charge a transportation impact fee? The 2016-2024 Williston Comprehensive Plan (see Chapter 6) and other plans and studies prepared for the town make it clear that numerous transportation improvements are needed to serve Williston’s anticipated growth. This chapter establishes a transportation impact fee to help pay for those improvements and, specifically, to ensure that new residents and businesses bear a fair portion of the costs of those improvements. 45.1.2 Does the town have the authority to impose impact fees? Yes. 24 V.S.A. § 5200, et seq., gives Vermont municipalities the authority to charge transportation (and other) impact fees. 45.2 Payment - Calculation 45.2.1 Who must pay the transportation impact fee? Any development for which a discretionary permit is required that results in an increase in the number of dwelling units or, in the case of nonresidential development, in an increase in PM peak hour vehicle trip ends (vehicle trips occurring between the hours of 4:00 PM and 6:00 PM on weekdays) must pay a transportation impact fee. The DRB may specify that an alternative measure of peak trip demand be used for determining the transportation impact fee on recommendation from the town’s transportation engineer. Examples of such development include churches, schools, and other uses generating significant amounts of traffic with peak periods outside of the P.M. peak hour of demand. 45.2.2 Does “development” include additions or expansions of existing uses? Yes. Additions to nonresidential uses that require the approval of a discretionary permit by the DRB are subject to the transportation impact fee adopted here. 45.2.3 When must the transportation impact fee be paid? Payment of the transportation impact fee required by WDB 45.2.1 must accompany the application for the administrative permit that will allow work to begin on the proposed addition, building or dwellings that generate the trips for which the fee is owed. Impact fee payments, like all other permit fees, will be made to the Town Clerk, based on a calculation provided by Williston Planning. 45.2.4 Can one prepay transportation impact fees in order to avoid possible increases in these fees? No. As provided in WDB 45.2.3, transportation impact fees may be paid only at the time an application for an administrative permit is filed. 45.2.5 How was the transportation impact fee calculated? The net transportation impact fee adopted here is calculated based on the Town of Williston Impact Fee Update study performed by Resource Systems Group in 2019. This study, using a 2040 horizon, compares projected growth and its impact on Williston’s transportation system to a set of transportation projects intended to mitigate that congestion. The result is a fee that is intended to ensure that new development pays its share of the cost of maintaining the level of congestion of Williston’s transportation system at current levels. 45.2.6 So, how much do I owe? The transportation impact fees are: Deleted: Town Plan Commented [MB1]: Check citation Deleted: 45.1.3 Does this chapter replace the transportation impact fee Williston has been charging? Yes. Adoption of this chapter repeals Section 3-C of the Williston Impact Fee Ordinance, which was first adopted on November 29, 2001, and last amended on July 17, 2003.¶ Deleted: Major a Deleted: increase the size of the existing building(s) or facilities or increase the intensity of the use of the property, Deleted: and are expected to increase the number of trips generated … Deleted: s Deleted: an interim fee pending future events and additional discussion. See Appendix I for an explanation of how the interim fee was established. Formatted: Font: Italic Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw P a g e 45- | 2 Deleted: Adopted by the Selectboard: 6/1/2009 Deleted: 25/19/20198 45.2.6.1 Single Family Dwellings. The net transportation impact fee for each single-family dwelling is $2000 per PM peak hour trip end X 1.01 PM peak hour trip ends per dwelling, totaling $2020.00 45.2.6.2 Multiple Family Dwellings/Condominiums. The net transportation impact fee for each unit in a multiple-family or condominium dwelling is $2000.00 per PM peak hour trip end X 0.78 PM peak hour trip ends per dwelling, totaling $1,560.00. 45.2.6.3 Nonresidential Developments. The net transportation impact fee for all other development is $2000.00 multiplied by the number of PM peak hour vehicle trip ends that development is expected to generate. 45.2.7 How do I know how many PM peak hour vehicle trip ends a proposed development will generate? The number of PM peak hour vehicle trips generated by a proposed nonresidential development will be estimated using the most current edition of the Institute of Transportation Engineers Trip Generation. The Administrator’s determination of PM peak hour vehicle trip ends made using that reference is subject to appeal using the procedures of WDB 5.4. 45.2.8 Are there other ways of calculating the number of vehicle trips for the purpose of determining the transportation impact fee? There may be circumstances when other traffic generation sources may be required. Other sources may include professionally conducted traffic generation studies not included in the ITE TRIP GENERATION manual or local trip generation studies conducted for the particular use. Local trip generation studies are required when: a) the particular land use is not covered by ITE; b) there are fewer than 4 data points (studies) in the ITE TRIP GENERATION manual; c) the size or intensity of the use falls outside the range of the TRIP GENERATION data points. When using local trip generation studies, the town shall have its own traffic consultant verify the proposed trip generation calculation at the expense of the developer prior to acceptance by the Administrator. 45.2.8 Are there lower transportation impact fees for affordable housing? Yes. As permitted by 24 V.S.A. § 5205, the net transportation impact fees for perpetually affordable housing units will be waived at the following rate: Perpetually affordable at 100% of the Area Median Income or below: Transportation Fees discounted 50% Perpetually affordable at 80% of the Area Median Income or below: Transportation Fees discounted 100% A perpetually affordable housing unit is one that meets the definition of ‘affordable housing’ established in this bylaw. 45.2.9 Do all public facilities have to pay transportation impact fees? No. Transportation impact fees will not be collected for the construction of new Town facilities or facilities built by the Chittenden Solid Waste District. 45.2.10 Are there any other uses that are not subject to transportation impact fees? Yes. Child Day Care Services (NAICS 6244) will not be assessed transportation impact fees under this chapter. Deleted: 700.00 Deleted: 707 Deleted: 700 Deleted: 546 Deleted: 700 Commented [MB2]: Check citation Deleted: 50% of Deleted: . Deleted: municipal Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw P a g e 45- | 3 Deleted: Adopted by the Selectboard: 6/1/2009 Deleted: 25/19/20198 45.3 Use of the Fees. Transportation impact fees may be used to build all or any part of the transportation improvements listed in Table 45.A. Transportation impact fees may not be used for other purposes, except that they may be used to support the update and revision of this chapter. 45.4 Management of the Fees 45.4.1 How will I know that the transportation impact fees I paid were used for the projects listed in WDB 45.3? 45.4.1.1 Separate Account. Transportation impact fees will be placed in a separate interest bearing account: the "Williston Transportation Impact Fee Account.” The Town Manager will maintain a ledger for this account which indicates the date of payment of each fee, the amount paid, the name of the payer, and the date that the fee collected was spent on one or more of the transportation improvement projects listed in Table 45.A. 45.4.1.2 Annual Report. Once each year, the Town Manager shall prepare and submit to the Selectboard and Planning Commission an annual accounting of all fees paid into and withdrawn from the Williston Transportation Impact Fee Account. This report shall show the amounts collected and their source, the amounts expended, and the projects for which expenditures were made. 45.4.2 What happens if the town does not use the impact fee I paid in a timely fashion? If the town does not expend an impact fee within six years of the date it is collected, the owner of the property at the end of the six-year time period may apply for and receive a refund of that fee. The request for a refund must be filed in writing within one year after the expiration of the six-year time period. 45.4.3 What happens if the costs of the improvements supported by impact fees turn out to be less than estimated? As provided by 24 V.S.A. § 5302(d), if the actual expense of the projects funded by the impact fees established in this chapter is less than anticipated in the Town of Williston Impact Fee Update study, the town will, upon request by the current owner of the property for which a fee was paid, refund that portion of the fee paid, with accrued interest, that was in excess of the amount that should have been charged. A request for this type of refund must be filed within one year of the completion of the last of the projects listed in Table 45.A. 45.4.4 Suppose I paid an impact fee, and then decided not to build. Can I get a refund? Anyone who pays a transportation impact fee may request and receive a refund of that fee if the proposed development was never begun. Where such a refund is requested, the approved administrative permit will be voided and accrued interest will be retained to offset the town’s administrative expenses. A new administrative permit, and if necessary, a new discretionary permit, and payment of all required fees, including the transportation impact fee, will be required before any development activity is permitted on the site. 45.5 In-Kind Contributions. 45.5.1 Can the construction of transportation improvements by an applicant be credited against impact fees owed on the project? Yes. There may be times when a developer whose project will have to pay transportation impact fees will find it convenient to build or install one, or some part of one, of the improvements listed in Table 45.A. Deleted: 45.2.10 Are there any other waivers or adjustments that might reduce the transportation impact fee? The number of PM peak hour trips estimated using the Institute of Transportation Engineers Trip Generation will be reduced by 20% for uses that meet all of the following criteria.¶ ¶45.2.10.1 Growth Center. To benefit from the 20% reduction in trips permitted by WDB 45.2.7, a use must be within the designated growth center.¶ ¶ 45.2.10.2 Shared Parking. To benefit from the 20% reduction in trips permitted by WDB 45.2.7, a use must share parking with at least one other structure and use.¶¶ 45.2.10.3 Small Scale. To benefit from the reduction in trips permitted by WDB 45.2.10, a use must be a small scale food service, retail, or personal service use that depends, at least in part, on being in close proximity to major or anchor uses. In order to ensure that this reduction in fees is applied correctly, a small scale use will be further defined as occupying no more than 3,000 gross square feet.¶ ¶ Can you give an example of a small scale use? The Ben & Jerry’s store, the card shop, and similar uses at Maple Tree Place depend on traffic to the theater and the Christmas Tree Shoppe, which are the anchors of that center. ¶ Deleted: 45.2.10.4 Additional Reduction. An additional 5% reduction in the transportation impact fee will be allowed for uses within developments that include both non-retail commercial and residential uses.¶ Commented [MB5]: Check citation Deleted: Transportation Impact Fee Formatted: Not Highlight Deleted: S Commented [MB6]: Change title to title of RSG study Deleted: then Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw P a g e 45- | 4 Deleted: Adopted by the Selectboard: 6/1/2009 Deleted: 25/19/20198 45.5.2 Credit for construction of improvements prior to development. Where an applicant constructs or contributes to the construction of a transportation improvement that is or will be necessary to directly serve vehicle trips created by their future development, that development shall receive “credit” against its transportation impact fee liability up to 100% of the cost of the construction of the improvement or the amount of the contribution toward the improvement made by the applicant. How would “credit” for an impact fee work and how is it different from “prepaying” an impact fee, which is not allowed? The actual construction (or contribution to the actual construction) or a listed transportation improvement necessary to serve future development by the applicant is different from “prepaying” an impact fee because the improvement is actually built. A good example is the “grid street” Zephyr Road, whose construction was necessary to serve the Finney Crossing Development. Projects within the Finney Crossing development are considered to have “paid” their impact fees by constructing a listed improvement, up to the total cost of constructing Zephyr Road that was incurred by the applicant when it was constructed. 45.5.3 How will credits for construction be determined? Where an applicant proposes to build or to contribute funds to build all or part of a listed improvement, the development agreement required by Chapter 7 of this bylaw for any development the applicant proposes that is directly served by the improvement may include language, approved by the DRB with the advice of the DPW, that describes how the contribution or actual costs of building or installing the improvement will be credited against the transportation impact fees. Where the credit will be less than the sum of the transportation impact fees that would be paid, any development agreement shall establish a lesser fee, to be paid when administrative permits are approved. Construction or installation of the listed improvement will become a “required improvement” subject to all security, inspection, warranty, and other standards established in Chapter 7 of this bylaw. 45.6 Appeals 45.6.1 Is it possible to appeal an impact fee? Yes. As required by 24 V.S.A. § 5203(f), anyone who must pay a transportation impact fee may challenge the imposition of that fee or the amount of the fee by filing a written notice of appeal with the Town Clerk. The notice of appeal must be filed within thirty days after payment of the impact fee (the fee must be paid before an appeal can be filed) and must state the basis of the appeal as required by WDB 45.6.3, 45.6.2 Will there be a hearing on an appeal? Yes. Within sixty (60) days after the filing of a notice of appeal, the Selectboard shall hold a public hearing to receive oral and written evidence and argument from the appellant, staff, and other interested parties. 45.6.3 On what basis could the Selectboard overturn the imposition of an impact fee and provide a refund? The Selectboard’s first concern in hearing a request to avoid the payment of impact fees must be equal treatment of all applicants. The appellant must, therefore, clearly demonstrate that it should not pay the fee, or pay a reduced fee, because its circumstances are unique, not shared by other applicants, and not adequately foreseen in the town’s determination of the transportation impact fees adopted in this chapter. 45.6.4 How will notice of the Selectboard’s decision be reported? The Selectboard will provide the appellant with a written notice of its decision within forty-five (45) days after the end of the hearing. If that decision is to overturn the imposition of the fee, the notice of decision will be accompanied by a refund check. Moved down [1]: 45.5.2 How will credits for construction be determined? Where an application for a permit proposes that the applicant build all or part of a listed improvement, the development agreement required by Chapter 7 of this bylaw may include language, approved by the DRB with the advice of the DPW, that describes how the actual costs of building or installing the improvement will be credited against the transportation impact fees the project would otherwise pay. No such credit shall exceed 100% of the transportation impact fees that would otherwise be due, and where the credit will be less than the sum of the transportation impact fees that would be paid, the development agreement shall establish a lesser fee, to be paid when administrative permits are approved. Construction or installation of the listed improvement will become a “required improvement” subject to all security, inspection, warranty, and other standards established in Chapter 7 of this bylaw. Moved (insertion) [1] Deleted: 2 Deleted: application for a permit proposes that the applicant … Deleted: the project would otherwise pay Deleted: No such credit shall exceed 100% of the transportation impact fees that would otherwise be due, and where … Deleted: the Formatted: Indent: Left: 0" Deleted: 45.5.3 Are there any credits for construction of transportation improvements? Yes. A developer constructing some portion of the grid streets described in Table 45.A as part of their development may receive credit for up to 50% of the cost of construction of the grid streets against the amount of the transportation impact fees that would otherwise be due to the town. These grid streets are those planned for the Taft Corners area west of VT 2A, between Marshall Avenue on the south, Williston Road on the north, and Harvest Lane on the west. The method for determining the cost of the transportation improvements shall be consistent with the provisions of WDB 45.5.2 for up to 50% of the cost of the improvements. Any credits towards the construction of these grid streets shall only be applied towards a development proposal obtaining a permit directly tied to the future construction of these grid streets.¶ Commented [MB9]: Check citation Planning Commission Hearing Draft August 20 2019 Amended: XXXXX Williston Unified Development Bylaw P a g e 45- | 5 Deleted: Adopted by the Selectboard: 6/1/2009 Deleted: 25/19/20198 Table 45.A Improvements Eligible for Transportation Impact Fee Funding SYSTEM PROJECT COST ($) TOWN SHARE Town Marshall Avenue Shared Use Path 200,000.00 100% Town East-West Grid Street. (2A to Maple Tree Place) 1,500,000.00 100% Town Shared-Use Path along US2 Taft Corners to Village (design) 100,000.00 100% Town Mountain View Road Bike Lanes (design) 100,000.00 100% Town Upgrade Maple Tree Place Roundabout 1,000,000.00 100% Town Industrial Avenue Sidewalk and Bike Lane 846,100.00 100% Town Extension of Trader Lane to US2 1,750,000.00 100% Total eligible town projects >>> $ 5,496,000.00 Formatted Table Deleted: Grid streets from Alt B Taft Corners Study Deleted: 1,380 Deleted: Traffic signal Williston Rd. and Trader Ln./Helena Dr… Deleted: 383 Deleted: Talcott Rd. / Zephyr Rd. Connector Stree Deleted: t Deleted: 250 Deleted: Contribution to sidewalk bond Deleted: 78,550 Deleted: Minor capital projects Deleted: 400 Deleted: N Williston Rd and Mountain View Deleted: 423 Deleted: Corridor studies: North Williston and Oak Hill Deleted: 120 Deleted: Town ... Deleted: 534,650 Deleted: State ... The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. THE CITY OF BURLINGTON CITY PLANNING City Hall, 3rd Floor 149 Church Street Burlington, VT 05401 www.burlingtonvt.gov/planning Phone: (802) 865-7144 TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: August 5, 2018 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance: • ZA-20-01: Form District 5 Boundaries The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, August 27, 2019 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on August 26, 2019. Thank you. CC: Andy Montroll, Burlington Planning Commission Chair David White, FAICP, Director, City Planning Scott Gustin, AICP, Principal Planner, Department of Permitting & Inspections Kimberly Sturtevant, Assistant City Attorney The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. Burlington Planning Commission 149 Church Street Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7144 Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-20-01 Form District 5 Boundaries Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, August 27, 2019 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows: The purpose of this proposed amendment is to modify the boundaries of Form District 5 to include additional properties located along the boundary of the current district. Properties considered for inclusion in the FD5 district were evaluated for their current use, future potential use, development intensity, and compatibility with adjacent properties. They have been recommended to be included in the FD5 in order to encourage the type and intensity of future infill or redevelopment consistent with adjacent properties, to enable greater flexibility for expansion or reuse of existing uses and structures, and/or reduce existing non-conformities. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington: The proposed amendment applies to 19 parcels boardering on the current Form District 5 boundary immediately surrounding the downtown core. List of section headings affected: The proposed amendment modifies Maps 4.3.1-1, 4.4.1-1, 4.4.5-1, 8.8.3-1, and Article 14 Maps 1, 2 and 3. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/pz. The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. THE CITY OF BURLINGTON City Planning City Hall, 3rd Floor 149 Church Street Burlington, VT 05401 www.burlingtonvt.gov/planning Phone: (802) 865-7144 TO: Burlington Planning Commission FROM: Meagan Tuttle, Comprehensive Planner DATE: August 1, 2019 RE: Proposed CDO Amendment ZA-20-01 Form District 5 Boundaries Overview & Background The Planning Commission and City Council Ordinance Committee previously considered this amendment as proposed ZA-18-08, which underwent a number of changes by the Council Ordinance Committee, before it expired on June 12, 2019. The Council Ordinance Committee has referred it back to the Planning Commission to warn a new public hearing and return it for adoption. In 2017, the Form-Based Code Joint Committee completed its work on the development of planBTV: Downtown Code, which was adopted in November 2017. During its early discussions, requests and recommendations were made to the Joint Committee to consider properties to be added to the proposed Form District 5 (FD5) district. The Committee, however, chose to maintain the FD5 boundaries largely consistent with the previous Downtown Transition and Battery Street Transition zoning districts, and to defer any changes to the boundaries to subsequent amendments. ZA-20-01 is such an amendment, recommending the addition of a number of properties bordering on the FD5 boundary, currently zoned Residential High Density or Residential Medium Density, be added to the FD5 district. The timing of this amendment emerged from several property owners bordering the FD5 district requesting to be rezoned, including the property that houses Advanced Music at the southeast corner of Maple & S. Champlain Street. The attached maps include revisions to the proposed FD5 boundary changes made by the City Council Ordinance Committee in June 2019. This Planning Commission considered amendment in spring of 2018, and referred it to the City Council following its public hearing in July 2018. Based on public input, the Council Ordinance Committee revised the proposed amendment in November 2018 and again in June 2019 before the amendment expired. Proposed Amendments Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The purpose of this proposed amendment is to modify the boundaries of Form District 5 to include additional properties located along the boundary of the current district. Properties considered for inclusion in the FD5 district were evaluated for their current use, future potential use, development intensity, and compatibility with adjacent properties. They have been recommended to be included in the FD5 in order to encourage the type and intensity of future infill or redevelopment consistent with adjacent properties, to enable greater flexibility for expansion or reuse of existing uses and structures, and/or reduce existing non-conformities. 2 Proposed Changes To achieve the goals identified above, the proposed amendment affects the following sections of the Burlington Comprehensive Development Ordinance:  Amend Maps to reflect change in zoning of 19 properties on border of FD5 This affects maps depicting downtown and residential zoning districts (Maps 4.3.1-1, 4.4.1-1, 4.4.5-1 and Article 14, Map 1), related parking districts (Map 8.1.3-1), special height areas and shopfront requirements for the downtown form districts (Article 14, Maps 2 and 3). Applicable maps are attached this report. Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV (Burlington’s Municipal Development Plan) is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Theme Dynamic Distinctive Inclusive Connected Land Use Conserve Sustain Grow Compatibility with Proposed Future Land Use & Density The proposed amendment will provide greater flexibility on some properties for infill, and a more diverse range of building types for new development and redevelopment, including housing and mixed-use. This furthers the policies of planBTV related to land use and density, to encourage mixed-use development patterns, at a variety of urban densities, which limit the demand for parking and unnecessary automobile trips, and support public transportation and to retain its moderate scale and urban form in its most densely developed areas, while creating new opportunities for increased densities. Impact on Safe & Affordable Housing The proposed amendment can provide more flexibility for housing development in mixed-use structures as well as small and large multi-family structures, providing greater opportunities for the creation new, or more, housing within the transitional areas around the downtown core. Specifically, this furthers the policies of planBTV to encourage new land uses and housing designs that serve changing demographics and benefit from new technologies where appropriate, and to support the development of additional housing opportunities within the city, with concentrations of higher-density housing within neighborhood activity centers, the downtown, and institutional core campuses. Planned Community Facilities The proposed amendment has no impact on planned community facilities. Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Proposed by: Staff, with amendments by Council Ord. Cmte Presentation to & discussion by Commission July 23, 2019 Approved for Public Hearing July 23, 2019 Public Hearing August 27, 2019 Approve & forward to Council Continue discussion 3 City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion Ordinance Cmte recommends to Council [as is / with changes] Second Read & Public Hearing Approval & Adoption Rejected Change from (N) to (D) DerwayIsland STAR R FARM RD N O R T H Appl e t r e e B a y Lake Champlain C O L C H E S T E R Intervale STANIF O R D R D AV ETHAN ALLEN PWV T 12 7NORTH AVAppletreePoint Lone Rock Point WI N O O S K I SOUTH BURLINGTONBurlington Bay Gorge Island COLC H E S T E R AVRIVERSID E AV MAI N S TEASTAVUVM MAIN STWin o o s k i R i v e r SOPROSPECTSTSTP AU L S T FLYNN AV SHELBURNESTOakledgePark Red Rocks Park JuniperIsland PINESTFD6 FD5 RH IDW-PT RCO-RG DW-PT CV RCO-C ELM ELM RM RL I I RCO-RG RL NMU RL-W RL RL-W I I I RCO-RG RL NAC-R RLRM RM NMU UR RCO-RG EAE NMUNAC-CR RM-W FD5 FD5 RCO-RG RCO-C RCO-C RL RL RCO-A RCO-A RCO-C RL NAC RM RL RL RL-W RL-W RCO-RG RCO-A RCO-C RCO-C RL-W NAC RM RM-W NAC RCO-RG RCO-C RCO-RG RCO-C RCO-RG ELM CV RM-W RH 4 With Amendments Effective February 7, 2018 (ZA-18-02) Downtown Core (FD6) Downtown Center (FD5) Downtown Waterfront - Public Trust (DW-PT) Neighborhood Mixed Use (NMU) Neighborhood Activity Center (NAC) Neigborhood Activity Center - Cambrian Rise (NAC-CR) Neighborhood Activity Center - Riverside (NAC-R) Enterprise - Agricultural and Energy (E-AE) Enterprise - Light Manufacturing (E-LM) Institutional (i) Civic Spaces Residential - High Density (RH) Residential - Medium Density (RM) Waterfront Residential - Medium Density (RM-W) Residential - Low Density (RL) Waterfront Residential - Low Density (RL-W) Urban Reserve (UR) RCO - Agriculture (RCO-A) RCO - Recreation/Greenspace (RCO-RG) RCO - Conservation (RCO-C) Mixed Use Enterprise Institutional Residential Urban Reserve Recreation / Conservation Base Zoning Districts: DRAFT Map 4.3.1-1 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 See Inset 1 See Inset 2 Inset 1 Inset 2 Change from (RM) to (FD5) Change from (RH) to (FD5) \\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\LAFAYETTEWaterfront MAPLESAINT PAULPARKCHURCHSTREET WINOOSKIPAULSTREETBATTERYSTREETPEARL STREETLOOMIS STREET UNIONADAMS LAKE LANEPINE STREETSTREET SOUTHELMWOODSOUTHSTREETSTREETSTREETGRANT MAINLAKE PINE STREET PERU BATTERYCOLLEGE ELM TERRACECLARKE ORCHARDCHAMPLAIN UNIONReserve Perkins CHERRY Park STREET MONROE UNIONKILBURN STREET STREETSTREET PINE KING COLLEGESTREET STREETALLEN STREET SOUTHSTREETSAINTMAPLE NORTHLAVALLEYSTREETSTREETGEORGECHAMPLAINKING Smalley STREET Battery Park AVENUEPLACESHERMAN MARKETPLACESCHOOLCONVERSESAINT PAUL STREETSTREET SOUTHJOHNSONSOUTHSTREETAVENUE TERRACEPier MURRAY KINGSLAND TERRACEWINOOSKIPEARL STREET CHURCHSTREETSTREETSTREET COURTCOLLEGE BUELL STREET STREET WINOOSKISTREETSTREET AVENUESTREETCENTER STREETBANKFRONT NORTHSTREETHICKOCK STREET MAIN STREET BRADLEYDEPOT STREETNORTH STREETPark AVENUESTREET A B B 4 Downtown Mixed Use Districts: Downtown Core (FD6) Downtown Center (FD5) Downtown Waterfront - Public Trust (DW-PT) With Amendments Effective January 3, 2018 (ZA-18-01) DW-PT FD6 FD5 FD5 FD5 FD5 FD5 FD5 DW-PT Add to Downtown Center (FD5) District DRAFT Map 4.4.1-1 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 DerwayIsland STAR R FARM RD N O R T H Apple t r e e B a y Lake Champlain C O L C H E S T E R Intervale STANIF O R D R D AV ETHAN ALLEN PWVT 1 2 7NORTH AVAppletree Point Lone RockPoint WI N O O S K I SOUTH BURLINGTONBurlington Bay Gorge Island COLC H E S T E R AVRIVERSIDE AV MAI N S TEASTAVUVM MAIN STWin o o s k i R i v e r SOPROSPECTSTSTPAUL S T FLYNN AV SHELBURNESTOakledge Park Red Rocks Park JuniperIsland PINESTRH RM RL RL RL-W RL RL-W RLRLRM RMRM-W RL RL RL RM RL RL RL-W RL-W RL-W RM RM-W RM-W RH 4 Residential Districts: Residential - High Density (RH) Residential - Medium Density (RM) Waterfront Residential - Medium Density (RM-W) Residential - Low Density (RL) Waterfront Residential - Low Density (RL-W) With Amendments Effective February 7, 2018 (ZA-18-02) DRAFT Map 4.4.5-1 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 DerwayIsland STAR R FARM RD N O R T H Appl e t r e e B a y Lake Champlain C O L C H E S T E R Intervale STANI F O R D R D AV ETHAN ALLEN PWVT 1 2 7NORTH AVAppletreePoint Lone RockPoint WI N O O S K I SOUTH BURLINGTONBurlington Bay Gorge Island COLCH E S T E R AVRIVERSID E AV MAI N S TEASTAVUVM MAIN STWin o o s k i R i v e r SOPROSPECTSTSTPAU L STFLYNN AV SHELBURNESTOakledge Park Red Rocks Park JuniperIsland PINESTRH RM RL RL RL-W RL RL-W RLRLRM RMRM-W RL RL RL RM RL RL RL-W RL-W RL-W RM RM-W RM-W RH 4 Residential Districts: Residential - High Density (RH) Residential - Medium Density (RM) Waterfront Residential - Medium Density (RM-W) Residential - Low Density (RL) Waterfront Residential - Low Density (RL-W) With Amendments Effective February 7, 2018 (ZA-18-02) Remove from Residential Districts Inset See Inset DerwayIsland STAR R FARM RD N O R T H Appl e t r e e B a y Lake Champlain C O L C H E S T E R Intervale STANI F O R D R D AV ETHAN ALLEN PWVT 1 2 7NORTH AVAppletreePoint Lone RockPoint WI N O O S K I SOUTH BURLINGTONBurlington Bay Gorge Island COLCH E S T E R AVRIVERSIDE AV MAI N S TEASTAVUVM MAIN STWin o o s k i R i v e r SOPROSPECTSTSTPAU L S T FLYNN AV SHELBURNESTOakledgePark Red Rocks Park JuniperIsland PINESTN N N N SU SU SU SU D SU N N D SU SU N N N SU SU SU N N N N SU SU SU 4 Parking Districts Downtown (D) Shared Use (SH) Neighborhood (N) With Amendments Effective February 7, 2018 (ZA-18-02) DerwayIsland STARR FARM RD N O R T H Apple t r e e B a y Lake Champlain C O L C H E S T E R Intervale STANIF O R D R D AV ETHAN ALLEN PWVT 1 2 7NORTH AVAppletreePoint Lone Rock Point WI N O O S K I SOUTH BURLINGTONBurlington Bay Gorge Island COLC H E S T E R AVRIVERSID E AV MAI N S TEASTAVUVM MAIN STWin o o s k i R i v e r SOPROSPECTSTSTPAU L ST FLYNN AV SHELBURNESTOakledgePark Red Rocks Park JuniperIsland PINESTN N N N SU SU SU SU D SU N N D SU SU N N N SU SU SU N N N N SU SU SU 4 Parking Districts Downtown (D) Shared Use (SH) Neighborhood (N) With Amendments Effective February 7, 2018 (ZA-18-02) Change from (N) to (D) DRAFT Map 8.1.3-1 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 DerwayIslandSTARRFARMRDNORTHAppletree Bay Lake Champlain COLCHESTER IntervaleSTANIFORD RDAVETHAN ALLEN PWVT 127NORTH AVAppletreePointLone Rock Point WINOOSKI SOUTH BURLINGTONBurlington Bay Gorge Island COLC H E S T E R AVRIVERSI D E AV MA I N S TEASTAVUVM MAIN STWinooski River SOPROSPECTSTSTPAUL ST FLYNN AV SHELBURNESTOakledge Park Red Rocks Park Juniper Island PINESTNNNNSU SU SU SU D SU N N D SU SU N N N SU SU SU N N N N SU SU SU 4 Parking DistrictsDowntown (D)Shared Use (SH)Neighborhood (N) With Amendments Effective February 7, 2018 (ZA-18-02) Inset See Inset ARTICLEARTICLERegulating Plan14ARTICLE 14| 14 14.2 Art. 14 - planBTV Downtown Code - 11/13/17 CIVIC CIVIC FD5 FD5 FD5 FD5 FD5 FD6 FD6 FD6 FD6 CIVIC CIVIC CIVIC FD5 FD5 CHERRY STREET STREETCHURCHCOLLEGE STREET STREETPINEPEARL STREET PINE STREETSAINT PAUL STBANK STREET SAINTPAULMAIN STREETSOUTH STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE SHERMAN STREETPARK NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET PERU STREET JOHNSON STGEORGESTREETELMWOODHICKOCK NORTHCLARKESTREETGRANT STREET LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENU E SOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE BUELL BRADLEY KING STREET STREET MAPLE ADAMS STREET ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER SPRUCE UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE S A I NT PINE PLACE AVENUEHASWE L L Lake Champlain Battery Park Waterfront Park MARKETPLACEFD5 Legend 4 Form-Based Districts FD6 - Downtown Core FD5 - Downtown Center CIVIC - Civic Spaces Draft 10-Jul-2017 Map 1 - Regulating Plan Add to FD5 District Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 ARTICLEARTICLERegulating Plan14ARTICLE 14| 16 14.2 Art. 14 - planBTV Downtown Code - 11/13/17 Map 2 - Specific Height Areas CIVIC CIVIC FD5 FD5 FD5 FD5 FD5 FD6 FD6 FD6 FD6 CIVIC CIVIC CIVIC FD5 FD5 CHERRY STREET STREETCHURCHCOLLEGE STREET STREETPINEPEARL STREET PINE STREETSAINT PAUL STBANK STREET SAINTPAULMAIN STREETSOUTH STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE SHERMAN STREETPARK NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET PERU STREET JOHNSON STGEORGESTREETELMWOODHICKOCK NORTHCLARKESTREETGRANT STREET LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENUE SOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE BUELL BRADLEY KING STREET STREET MAPLE ADAMS STREET ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER SPRUCE UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE SA IN T PINE PLACE AVENUEHASW E L L Lake Champlain Battery Park Waterfront Park MARKETPLACEFD5 G A B B B B E E E E E E E D E ECCCCC B B B B E E E E E E F F F Legend 4 Form-Based Districts FD6 - Downtown Core FD5 - Downtown Center CIVIC - Civic Spaces Specific Height Limits Apply Draft 10-Jul-2017 Add to Height Area (E) DRAFT Map 2, Article 14 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019 Add to Height Area (F) Add to FD5 but not to a special height area 14ARTICLEARTICLEARTICLEARTICLERegulating Plan 14ARTICLE 14|17 14.2 Art. 14 - planBTV Downtown Code - 11/13/17 CIVIC CIVIC FD5 FD5 FD5 FD5 FD5 FD6 FD6 FD6 FD6 CIVIC CIVIC CIVIC FD5 FD5 CHERRY STREET STREETCHURCHCOLLEGE STREET STREETPINEPEARL STREET PINE STREETSAINT PAUL STBANK STREET SAINTPAULMAIN STREETSOUTH STREETCHAMPLAINSTREETBATTERYLAKESTREETSTREETMONROE SHERMAN STREETPARK NORTHCHAMPLAINDEPOTSTREETFRONTSTREETSUMMER ST STREETMURRAYALLEN STREET PERU STREET JOHNSON STGEORGESTREETELMWOODHICKOCK NORTHCLARKESTREETGRANT STREET LAYFAYETTE PLNORTHCONVERSE CTWINOOSKIAVENUEUNIONAVENUESOUTHORCHARDTERRACESOUTHWINOOSKIUNIONSTREETCOLLEGE BUELL BRADLEY KING STREET STREET MAPLE ADAMS STREET ELM TERRACESOUTH SOUTHWINOOSKIKINGSLAND TER SPRUCE UNIONAVENUECHURCHSTREETSTREETKILBURN STREETPINE S A I N T PINE PLACE AVENUEHASW E L L Lake Champlain Battery Park Waterfront Park MARKETPLACEFD5 4 Legend Draft 22-Jun-2017 Shopfront Frontage Type Required Form-Based Districts FD6 - Downtown Core FD5 - Downtown Center CIVIC - Civic Spaces Map 3 - Shopfronts Required Add to Shopfront Req. Add to FD5 but no shop- front requirement DRAFT Map 3, Article 14 Proposed ZA-20-01 (formerly ZA-18-08) Updated July 2019