HomeMy WebLinkAboutAgenda - Form Based Codes Subcommittee - 09/16/2019
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 16, 2019
4:00 – 5:30 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; Minutes;
4. Discuss possible amendments to the City Center Form Based Code;
5. Discuss possible Regulating Plan / Master Plan and amendments to City Center
Portion of Official Map;
6. Adjourn (5:30 pm)
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 16, 2019 Subcommittee Meeting
Thanks for your patience in setting up this meeting. Staff has a few materials for you.
As a reminder, when the PC received the proposed Open Space-related amendments previously, a
couple of key conflicts between two sets of amendments were uncovered. Most importantly, it
appeared that that there may be a conflict between the allowance for Open Space in the T4 to be placed
further away from a site (ie, within ¼ mile) and the table of permitted open spaces (which was moving
forward as a separate amendment), where certain open space types might not be allowed as discussed.
In reviewing that, staff also took a step back to consider two related subjects and perhaps find a better
way to address the topic overall:
First, in the previous draft, any property in the T4 district could have open space be located up to ¼ mile
away, regardless of whether it was part of a larger planned development. Meaning a single building lot
redevelopment could have its required 1,000 s.f. open space ¼ mile away and that would be considered
“nearby”. That seemed to counter the other standards of the LDRs that give other means of addressing
open space that is not on the property itself. So instead, the options to have open space be located
further away from properties are unlocked by larger developments.
Second, there was an opportunity here to solve a few related issues in the FBC that stem from what is
considered “on site” and “off-site”. We have seen several examples of developments coming in with 2 or
more parcels that function essentially as one development, and the FBC doesn’t really contemplate this.
Examples:
1. David Shenk built four 3-plexes along Market Street. The FBC requires each 3-plex to be on its
own lot, but the stormwater treatment facility for the development is a single entity.
2. Proposed projects have shown parking on a separate lot from one or more buildings
In reviewing these issues, staff is therefore proposing the following:
A. Create a “Large Project” option for open space, where an area can be designated and show
where commonly used open space will be installed and how it will be accessed.
2
B. Create a “Development Pod” option, where an area of up to 6 acres can be designed as a single
entity, resulting in everything within that area being considered “on-site” for open space
purposes and Frontage Buildout being able to be counted for an entire street, not lot by lot.
C. Modifications to the Open Space chart to clarify where Enhanced Wetlands/Stormwater
Facilities may be located and to note that Open Space types are applicable in the district in
which they are proposed to be built.
In addition to these modifications, please note that the Planning Commission received a handful of
specific questions/requests for other changes related to the Open Space chart. These are included in
your packet.
The remainder of the proposed amendments to the FBC – related to landscaping, window height, and
location of parking, are unchanged.
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 16, 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
/Non-
Residential
Parcel
Size
Qualifying Open
Space Required
Additional Restrictions, Requirements, or
Allowances
Public Realm Requirement
T5 Non-
Residential
All 5% of non-
residential building
gross floor area
May locate qualifying open space off-site or
purchase open space credits
Whether on or off site, 100
% must be part of the public
realm
Residential,
Less than
10 Units
All 100 Square Feet Per
Unit
May locate qualifying open space off-site
pursuant to BES or purchase open space credits
No public realm
requirement for residential
component
Residential,
10-19 Units
All 85 Square Feet Per
Unit
May locate qualifying open space off-site
pursuant to BES or purchase open space credits
No public realm
requirement for residential
component
Residential,
20 or more
Units
All 60 Square Feet Per
Unit
May locate qualifying open space off-site
pursuant to BES or purchase open space credits
No public realm
requirement for residential
component
T4 Non-
Residential
<20,0
00 SF
6% of non-
residential building
gross floor area
May locate qualifying open space off-site or
purchase open space credits
Whether on or off site, 75%
must be part of the public
realm
Non-
Residential
>20,0
00 SF
6% of non-
residential building
gross floor area
Qualifying Open Space must be located on-site
or within 150’ of the site and directly accessible
from the site
Whether on or off site, 75%
must be part of the public
realm
Residential,
Less than
10 Units
All 100 Square Feet Per
Unit
Qualifying Open Space must be located on-site
or within 150’ of the site and directly accessible
from the site; 50% or more must be commonly
accessible to all tenants/residents
No public realm
requirement for residential
component
Residential,
10-19 Units
All 85 Square Feet Per
Unit
Qualifying Open Space must be located on-site
or within 150’ of the site and directly accessible
from the site; 50% or more must be commonly
accessible to all tenants/residents
No public realm
requirement for residential
component
Residential,
20 or more
Units
All 60 Square Feet Per
Unit
Qualifying Open Space must be located on-site
or within 150’ of the site and directly accessible
from the site; 50% or more must be commonly
accessible to all tenants/residents
No public realm
requirement for residential
component
T3/T3+ Non-
Residential
All 6% of non-
residential building
gross floor area
Qualifying open space must be located on site Minimum 30% must be part
of the public realm
Residential,
Less than
10 Units
All 100 Square Feet Per
Unit
Qualifying open Space must be located on site No public realm
requirement for residential
component
Residential,
10-19 Units
All 100 Square Feet Per
Unit
Qualifying open Space must be located on site;
25% or more must be 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;
40% 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 FBC Committee Review September 16, 2019 | 2
…
E. Open Space Location
(1) For the purpose of this Section 8.08, “On-site” shall mean the lesser of (1) the area subject to
the approved area of the site plan or (2) 800’ distance from the corner of a proposed building,
and “off-site” shall mean property located elsewhere within the City Center Form Based Code
district.
(2) (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, as 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
Appendix F for the transect zone in which it is to be located.
(b) (2)Designated off-site qualifying open space shall be located on developable land. For the
purposes of this Ssection (8.08(D)), developable land is defined as land that is free of natural resources
regulated under Articles 10 and 12 of these Regulations or has obtained approval for impact under
those Articles.
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:
(i) Land area that was already substantially developed, including existing parks and dedicated,
perpetual open space within such substantially developed portion;
(ii) 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.
(c) (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) (F)Purchase of Off-Site Open Space Credits
(a) 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
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 16, 2019 | 3
Space capital improvements, both within the City Center FBC District, subject to the following
conditions and requirements:
(i) 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).
(ii) 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.
(b) 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.
(4) 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) Eligibility: In order to qualify for this option, the parcel or parcels must:
(i) Include a minimum of 15 acres of developable land, as defined under this Section, under
common ownership, control, or legal agreement; and,
(ii) Where multiple parcels are included, be contiguous with one another, excepting public
rights-of-way.
(b) Application Requirements: An applicant seeking approval for this option shall submit the following
as a part of a miscellaneous application:
(i) A plan delineating the geography involved and indicating the location of existing parcel
lines, easements, public rights-of-way, and natural resources on the site;
(ii) A demarcation of area(s) to be designated as open space and the type(s) of open space
for each area. More than one type may be proposed and approved for a selected area for the
purpose of this application. All such areas shall be demonstrated to located on developable land
as defined in this section. Open spaces types 1-8 from Appendix F shall be eligible to be
demarcated open spaces under this section;
(iii) Demonstration of common ownership, control, or legal agreement among involved areas;
(iv) A pedestrian connectivity plan, demonstrating how users of the open space(s) can access
the areas from throughout the designated area. This should include both sidewalks/recreation
paths along streets but connections between buildings or from the rear of sites / open spaces to
foster usage of these open spaces; and,
(v) Where applicable, existing or proposed Development Pods.
(c) Effect: Approval of a Large Property Open Space Option shall afford the applicant the following:
LDR-19-09 Open Space Location
Draft for FBC Committee Review September 16, 2019 | 4
(i) Any open space designated under this section shall be eligible for use in meeting open
space requirements for any development within the designated area, without regard to distance
from the building, any on-site requirement in table 8-1, rights-of-way; 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 or designed Development Pod.
(d) Ongoing accounting. The property owner / controlling entity of a large property open space plan
shall maintain an ongoing tally of open space required and provided for all development within
the designated area
(5) Development Pods
Purpose: To allow for small-area coordinated open space design amongst contiguous parcels.
(a) Eligibility: In order to qualify for this option, the parcel or parcels must:
(i) Include a maximum of 6 acres of developable land, as defined under this Section, under
common control or ownership.
(ii) Where multiple parcels are included, be contiguous with one another, excepting public
rights-of-way
(b) Application Requirements: An applicant seeking approval for this option shall submit the following
as a miscellaneous application:
(i) A concept plan of the entire area to be included, indicating anticipated locations of
buildings, parking areas & infrastructure, open spaces, and planned pedestrian connectivity
within the Development Pod;
(ii) The concept plan shall provide sufficient information to assure that overall site plan
requirements can be met, including building frontage buildout and open space requirements; and,
(iii) Demonstration of common ownership, control, or legal agreement among involved areas.
(c) Effect: Approval of a Development Pod shall afford the following:
(i) All areas within the Development Pod shall be deemed to be “on-site” for the purposes
of Open Space requirements in this Section 8.08; and,
(ii) Frontage Buildout requirements may be calculated across the entire frontage of a
Development Pod’s length along each street.
(d) Ongoing accounting: The property owner / controlling entity of a Development Pod shall maintain
an ongoing tally of building frontage and open space required and provided for all development
within the designated area
APPENDIX F Open Space Requirements LDR-19-06
Neighborhood Park Green Dog Walk and
Play Area
Courtyard Plaza/Square Wooded Area Enhanced or Recreational
Wetlands/Stormwater Treatment
Area
Playground Pocket/Mini Park
Numbering 1 2 3 4 5 6A 6B 7 8
Applicability as
Qualifying
Open Space
(PUD Types or
Zones)*
All districts except FBC T5 All districts except FBC T5 FBC T-3 and T3+ All districts All FBC Districts; UDO district All districts except FBC T5 All districts except FBC T5 All districts All districts
Description &
Service Intent
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.
Informal and centralized public,
civic space or common/shared
private space for residential use or
campus-style development.
Fenced dog play
areas in private
and public spaces;
separate spaces
for small and large
dog
Common Open Space area on a
portion of a lot.
Primarily hard-surface space.
Intended to serve public, allowing
people to congregate, sit, walk, or
access adjacent businesses.
Should be context-sensitive.
Naturally occurring area with predominance of
canopy trees with enhancement and public
access.
An existing wetland buffer or new
stormwater treatment area which
offers public amenities that exceed
those minimally necessary for
water resource management.
Programmed space and/or structure that serves the
active recreational needs of children in the immediate
vicinity.
Small open area. May be tucked
adjacent to or between buildings, 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.
Size Minimum 0.5 acres Residential: 0.25-2 acres; Campus-
style Development: 0.5-3 acres.
1/4 acre minimum
size.
5,000-20,000 sq. ft.Minimum 5,000 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; combined total area of this, and
"Enhanced or Recreational
Wetlands/Stormwater Treatment Area" shall not
count as more than 50% of the minimum
required qualifying open space.
Shall include the land of the
improvement (such as enhanced
path, viewing platform, etc) and 50
feet to either side; combined total
area of this and "Wooded Area"
shall not count as more than 50%
of minimum required qualifying
open space.
Total play area shall be a minimum of 2400 square
feet. Play space should include a buffer area around
any play structures.
2,000-10,25,000 sq. ft.
Location &
Access
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.
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.
Accessible to
residents.
Encouraged to be
separated from
ground floor
residential units.
Physically defined by surrounding
buildings on three sides (outer) or
four sides (inner)
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
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.
Must be visible to public or tenants
and users of building. Direct
pedestrian access from adjacent
public street type.
Accessible from Public Right-of-Way or adjacent to
private sidewalk. Should be centrally located and
visually accessible to the greatest extent practicable.
Fronts on and is accessed from a
street right-of-way. Pedestrian
accessible.
Seating*,
Tables, Etc.
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 design
guidelines.
Provide formal and informally
arranged seating, on sculptured
lawn. Moveable chairs desirable.
Three seats per quarter acre,
rounded up.
Benches required.
Minimum seating
for 6.
One seating space for each 500
sq.ft. of courtyard area, with a
minimum of 10 3.
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.
Light enhancement expected. Must include
improvements, including cleared paths and
benches.
If functional for sitting and viewing,
seating can be ledges, benches,
and/or stairs.
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.
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.
Landscaping,
Design-
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.
Provide lush landscape setting with
predominantly lawn surfaces and
planting such as: trees, shrubs,
ground cover, flowers. Canopy
trees should provide substantial
shade.
Fenced. Sloped;
larger areas for
longer runs;
effective drainage;
Natural agility &
play structures
encouraged.
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.
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.
Majority of area must be covered with canopy
trees. Light enhancement expected. Must
include cleared paths, benches, and/or other
amenities.
LID techniques; no fencing
permitted.
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.
Turf and landscape plantings. to
Should promote shade over at least
25% a portion of the area.
Commercial
Services,
Food
Permitted but not counted towards open space
requirement.
20% of space may be used for
restaurant seating taking up no
more than 20% of the sitting
facilities provided.
Not permitted 20% of space may be used for
restaurant/cafe seating, taking up
no more than 20% of the sitting
facilities provided.
Not permitted.Not permitted. Permitted but not counted towards open space
requirement.
Not permitted
Sunlight and
Wind
No requirements Sunlight to most of the occupied
area from mid-morning to mid-
afternoon. Shelter from wind.
Some natural or
built shelter from
sun or inclement
weather
Sunlight to sitting areas for most of
day.
Sunlight to most of the occupied
area from mid-morning to mid-
afternoon.
No requirements Appropriate to the plant species
selection.
Sunlight to most of the occupied area from
mid-morning to mid-afternoon. Mix of sun and shade.
No requirements
Other Bicycle parking is permitted in this
area and may be counted towards
the open space size requirements.
Must be located on applicant-
owned property.
Shall include minimum components:3 low child-sized
swings; 1 toddler sized swing; 2 slides; one or more
play houses. Shall include added amenities
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.
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.
**
Refers to the District in which the Open Space may be installed. For example, a
building in the T5 District that is authorized and chooses to install open space on land
in the T3 District may only install open space types permitted in the T3 District.
1
APPENDIX F Open Space Requirements LDR-19-06
Numbering
Applicability as
Qualifying
Open Space
(PUD Types or
Zones)*
Description &
Service Intent
Size
Location &
Access
Seating*,
Tables, Etc.
Landscaping,
Design-
Commercial
Services,
Food
Sunlight and
Wind
Other
Notes:
Seating
dimensions:
Materials
**
Indoor Park/Atrium Snippet/ Parklet Sun Terrace Rain Garden Community Shared Garden
Space
Outdoor Café/ Restaurant
Seating
Private Yard
Space
Pedestrian Pass Streetfront Open Space
9 10 11 12 13 14 15 15 17
FBC T4 and FBC T5; Any non-
residential or mixed use building in
UDO.
All FBC districts All buildings having 3 or greater
stories; residential buildings must
have a minimum of 12 units.
All FBC districts All FBC districts.All districts which permit restaurant
(or similar dining) use
FBC T-3 and T3+ FBC T4 and FBC T5 All FBC districts
Interior open space where at least
one wall facing the street consists
entirely of glass.
Small sitting area clearly intended to provide
welcoming respite between or adjacent to
buildings. May serve general public,
employees, residents, or customers.
Accessible and open area on upper
story with seating and gathering
amenities.
A shallow depression planted with
native plants that captures
rainwater runoff from impervious
urban areas.
Land set aside and maintained for
production of food to be used
primarily for participating gardeners.
An open-air seating area provided
by a restaurant located on the
subject or adjoining property, where
restaurant
patrons can eat or drink
Private yard space
associated with
residential units
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.
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.
500-3,000 sq. ft 500-3,000 sq.ft; total area shall not
count as more than 50% of the
minimum required qualifying open
space.
Maximum size of 3,500 sf; shall not
count as more than 50% of
minimum required qualifying open
space.
Minimum 400 square feet.
Encouraged to serve at least 20%
of units in multifamily
developments.
Minimum 100 sq. ft.As directed by
minimum
requirements.
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.
Building interior adjacent to
sidewalk or public open space.
Direct access from street level.
Provide several entrances to make
the space available and inviting to
the general public.
Must be directly adjacent to public right of way
and sidewalk or building entry. Designers are
encouraged to consider safety in design.
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.
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.
May not be located in any class
wetland or wetland buffer. Shall
have proper drainage.
Highly visible, directly adjacent to
public right of way. See additional
public realm standards below.
Directly adjacent to
and accessible to
at least one entry
of dwelling unit it is
associated with.
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.
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.
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 every 50
sq.ft. of terrace area.
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.
None required. Seating material shall be of
moderate to high quality in order for
café space to be considered
qualifying open space.
No requirements. One seating space for each 150
sq.ft.
Seating is encouraged, but there shall be no
minimum requirement.
Provide attractive paving material
to create interesting patterns. Use
rich plant material. Incorporate
sculpture and/or water feature.
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.
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.
Deep rooted native plants and
grasses.
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.
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.
No requirements.
Landscaping,
lawns or planned
seating/dining
areas (patios and
decks) are
encouraged.
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.
30% of area may be used for
restaurant seating taking up no
more than 30% of the seating and
tables provided.
Permitted Dependent on Transect, may
possibly be used up to 100% for
commercial food services. See
Table 8-1.
Not permitted.Not permitted. May serve as seating area for
adjacent restaurant/food service, or
be space provided for those
bringing their own meals.
Not permitted. 40% of area may be used for
restaurant seating taking up no
more than 30% of the seating and
tables provided.
Not permitted.
No requirements except as noted
for street façade to be wall of glass.
Encouraged to be south-facing.
No requirements No requirements Appropriate to the plant species
selection.
Full sunlight. Sunlight encouraged to most of the
occupied area at lunchtime.
Exterior to building. Sunlight to most of the occupied
area at lunchtime. Shelter from
wind.
No requirements.
Bicycle parking may be permitted within these
areas; however, the space dedicated to bicycle
parking shall not count towards meeting the
open space requirements.
See LID language for additional
standards.
Plan shall be established and
submitted to ensure continual use
and maintenance of the gardens,
whether by residents, association,
property owner or property
manager.
Separate travelled way from parking areas;
shall create pedestrian environment.
2
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
weather
See LID language for additional
standards.
Bicycle parking may be permitted
within these areas; however, the
space dedicated to bicycle parking
shall not count towards meeting the
open space requirements.
Separate travelled way from
parking areas; shall create
pedestrian environment.
Must be located on applicant-
owned property.
2
LDR-19-09 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 wi sh 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.
1
Paul Conner
From:Ken Braverman <kb@bravermancompany.com>
Sent:Monday, August 12, 2019 3:04 PM
To:Paul Conner
Cc:Chris Snyder
Subject:Sun Terraces in proposed FBC changes
Hi Paul…
Hope you’re good.. See that the PC is reviewing the proposed changes to the open space categories within the
FBC. Quick question. Sun Terraces: Would like to better understand why changes are being proposed to only grant
open space credit to buildings with 12 or more units? Pls let us know.
We’d like to request that Sun Terraces be considered for all multiple‐family buildings, in T‐4 and T‐5, regardless of
building size or number of units; as originally contemplated.
Let us know your thinking. Talk soon,
KB
Ken Braverman
The Braverman Company LLC
bravermancompany.com
802.343.6330