HomeMy WebLinkAboutAgenda - Form Based Codes Subcommittee - 09/23/2019
Form Based Codes Subcommittee
Subcommittee of the Planning Commission
575 Dorset Street
South Burlington, VT 05403
(802) 846-4131
www.sbvt.gov
Meeting Monday, September 23, 2019
4:00 – 4:30 pm
Champlain Room, 2nd Floor
South Burlington City Hall, 575 Dorset Street
AGENDA:
1. Directions on emergency evacuation procedures from conference room (4:00 pm)
2. Agenda: Additions, deletions or changes in order of agenda items;
3. Open to the public for items not related to the agenda;
4. Review and consider approval of possible open space amendment to City Center
Form Based Code;
5. Adjourn
Respectfully submitted,
Paul Conner, AICP
Director of Planning & Zoning
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
TO: South Burlington Form Based Codes Subcommittee
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: FBC Subcommittee Staff Memo
DATE: September 23, 2019 Subcommittee Meeting
At this meeting the Committee is encouraged to review two proposed simplified amendments from
items previously discussed. The objective, should the Committee be comfortable with language, will be
to advance this round of FBC amendments to the Planning Commission for their 9/24 meeting and for
the Committee to recommend the Commission warn a public hearing on the same.
See below for a status/action associated with each of the amendments:
• LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4
District
Status: previously approved by the FBC Committee, no further action needed
• LDR-19-09: Modify City Center Open Space locational criteria and options
Status: A prior version of this amendment was approved but then returned to the Committee
for additional review. The Committee reviewed a draft on 9/16 and requested simplified
language.
Current draft: The updated draft is a streamlined amendment. It addresses the following items:
o Allows for designation of one or more open spaces within larger properties, connected by
pedestrian access, and affords buildings within ¼ mile of such open spaces to count up to ½
of the open space requirement from such open spaces.
o Remove language regarding the use of pre-existing park land to qualify
o Clarifies that where impacts to natural resources have been approved by the DRB, those
lands may count towards open space if they meet all open space requirements.
o Removes requirement that Enhanced or Recreational Wetlands/Stormwater Treatment Area
be located on an applicant-owned property
Recommendation: Consider, adjust if necessary, and approve updated language as shown
• LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for
hardscapes in FBC district
2
Status: previously approved by the FBC Committee. Following approval, staff noted the use of the
term “off-site” in this text. With ongoing discussion of the use of the term, staff has made very
minor proposed changes to the language to remove reference to that term (all changes shown in
yellow highlight).
Recommendation: Consider, adjust if necessary, and approve updated language as shown in
yellow highlight.
• LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts
Status: previously approved by the FBC Committee, no further action needed
• LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts
Status: previously approved by the FBC Committee, no further action needed
Staff recommends that all other amendments or related subjects be addressed at a later time in order
for these proposed five amendments to move forward.
LDR-19-08 T4 Window Heights
Draft for Planning Commission Review September 24, 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 FBC Committee Review September 23, 2019 | 1
LDR-19-09: Establish greater allowance for location of open space
…
Section 8.08 Open Space Requirements
E. Open Space Location
(1) (E) Locating Open Space Off-Site
(a) (1)Qualifying open space may be located off-site, or on a parcel other than the one where the
subject use is located, in areas designated in Table 8-1. Designated off-site qualifying open space must
be located within City Center FBC District boundaries and must meet the standards articulated herein.
Designated off-site open space must qualify under the palette of options listed in Table 8-2.
(b) (2)Designated off-site qualifying open space shall be located on developable land. For the
purposes of this section 8.08, 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) (i) Land area that was already substantially developed, including existing parks and dedicated,
perpetual open space within such substantially developed portion;
(b) aAreas of contiguous land that are unsuitable for development because of topographic
features or for environmental reasons, per chapter 12 of these regulations, unless approved for
impact under said chapter.
(c) (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.
(d) (4)Pre-approval of open space. An applicant that constructs a greater area of open space than
the minimum required area may apply that additional open space that exceeds the minimum towards
the required open space for a future building. In doing so, the applicant shall demonstrate with each
such building that the off-site open space is qualifying for the proposed building in question.
(3) Large Development Area Open Space Option.
Purpose: To provide larger properties within the City Center Form Based Code District the ability to
provide a portion of their required open space in a coordinated, consolidated manner.
(a) Requirements: At the time of site plan application for any building proposed to make use of an
Open Space under this section, or at the applicant’s discretion as a separate miscellaneous
application, the following shall be submitted:
(i) A plan delineating the geography involved and indicating the location of existing parcel
lines, public pedestrian or roadway easements, and public rights-of-way on the property(ies). All
such properties must be contiguous with one another, excepting public rights-of-way.
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 23, 2019 | 2
(ii) A demarcation of area(s) to be designated as open space and the type(s) of open space
for each area.
(iii) Any such open space shall consist of at least ½ acre of qualifying land and shall include an
entrance directly fronting a public street.
(iv) Demonstration of common ownership, control, or legal agreement among involved areas,
totaling a minimum of fifteen (15) acres of land;
(v) Demonstration of pedestrian connectivity, showing that existing or proposed buildings
seeking to use the Open Space will have uninterrupted
pedestrian access (save for street or driveway crossings) to open space(s) designated under this
section. Access may consist of paved or unpaved surfaces but shall be intended for pedestrian
and/or bicycle use. Pedestrian access shall be constructed to any open spaces serving to meet a
building’s Open Space requirement prior to the issuance of a Certificate of Occupancy for such
building.
(b) Effect: Approval of a Large Property Open Space Option shall afford the applicant the following,
in addition to the options available in Table 8-1:
(i) Any open space designated under this section shall be eligible for use in meeting open
space requirements for any buildings located within ¼ mile walking distance of the open space
within the delineated area. Distance shall be measured from the nearest corner of the building to
the entrance to the open space via pedestrian connection; and,
(ii) Any open space designated under this section shall be eligible to account for up to 50%
of the total open space required for a building.
(c) Ongoing accounting. The property owner / controlling entity of a large property open space shall
maintain an ongoing tally of open space required and provided for all development within the
designated area which shall be submitted whenever a change in the Open Space or its applicably
by buildings is applied for.
Appendix F: Open Space
*** Enhanced or Recreational
Wetlands/Stormwater Treatment
Area
***
*** *** *** ***
Other *** Must be located on applicant-
owned property.
***
LDR-19-10 Off-site Landscaping
Draft | 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 as permitted in this subsection, the In such
instances, the applicant shall demonstrate to the Administrative Officer that the site that is the subject of the building
application 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 off-site or within a specified distance of the site, 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 incremental value 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 September 24, 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 September 24, 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 September 24, 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.