HomeMy WebLinkAboutAgenda - Planning Commission - 09/08/2021South Burlington Planning Commission
180 Market Street
South Burlington, VT 05403
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Special Meeting Wednesday, September 8, 2021
City Hall, 180 Market Street, Room 301
7:00 pm
The Planning Commission will attend this meeting in person. Members of the public may attend in
person or digitally via GoToMeeting. Participation Options:
In person: South Burlington City Hall Auditorium, 180 Market Street, Room 301
Interactive Online (audio & video): https://global.gotomeeting.com/join/260457069
Telephone (audio only): (646) 749-3122; Access Code: 260-457-069
AGENDA:
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:05 pm)
4. *Continue review of draft amendments to the Land Development Regulations (7:15 pm)
a. Review summary of PUD types their principal features; discuss use of possible “planned residential
development” PUD type tool for certain circumstances
b. Review underlying zoning districts for integration with applicable PUD types
c. Discuss extending applicability of basic building design standards for single and two-family homes
from SEQ to city-wide to match PUD work
d. Brief overview of LDR re-organization to improve user-friendliness.
5. Other Business: (9:20 pm)
a. Review Project Schedule
b. Williston Planning Commission Public Hearing on proposed amendments to the Unified
Development Bylaw, Tuesday, October 5, 7:00 pm, Zoom Meeting ID 158 006 871 on
www.zoom.us/join, call (646) 558-8656, or in person: Annex Conference Room, 7878 Williston Road,
Williston, VT 05495
6. Adjourn (9:25 pm)
Respectfully submitted,
Paul Conner, AICP,
Director of Planning & Zoning
* item has attachments
South Burlington Planning Commission Virtual Meeting Public Participation Guidelines
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participants to address the Commission before addressing the Commission for a second time.
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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
influence public opinion on the matter.
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Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Email
submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and
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575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Planning Commission Meeting Memo
DATE: September 8, 2021 Planning Commission Special meeting
1. *Agenda: Additions, deletions or changes in order of agenda items (7:00 pm)
2. Open to the public for items not related to the agenda (7:02 pm)
3. Announcements and staff report (7:05 pm)
• The Council will receive a presentation and update from the VT Land Trust and Bread & Butter Farm
on the Auclair Parcel conservation efforts at their meeting on Tuesday 9/7.
• The Council will also receive the proposed amendments to the Official Map approved by the PC
earlier this summer. The purpose of this first reading will be to introduce the amendments and for
Council to consider warning a public hearing.
4. *Continue review of draft amendments to the Land Development Regulations (7:15 pm)
See enclosed memo & materials
5. Other Business: (9:20 pm)
a. Review Project Schedule
Staff will provide an update for completing the present work in time to meet the Interim Zoning
deadline. Realistically, we’ll likely need an extra meeting or two before the hard deadline of the end
of September.
b. Williston Planning Commission Public Hearing on proposed amendments to the Unified Development
Bylaw, Tuesday, October 5, 7:00 pm, Zoom Meeting ID 158 006 871 on www.zoom.us/join, call (646)
558-8656, or in person: Annex Conference Room, 7878 Williston Road, Williston, VT 05495
575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com
MEMORANDUM
TO: South Burlington Planning Commission
FROM: Paul Conner, Director of Planning & Zoning
SUBJECT: Summary of PUD Types & Introduction to possible “PRD”; Underlying Zoning Districts;
Residential Design; LDR Organization
DATE: September 8, 2021 Planning Commission meeting
There are several important topics to cover at this meeting. This meeting is intended, in part, to help set
the footing for your discussion next week to settle the applicability of each PUD type.
a. Review summary of PUD types their principal features; discuss use of possible “planned residential
development” PUD type tool for certain circumstances
Below please find a summary of the principal features of each PUD type, to help set the stage for your
discussion the following week. The summary also includes the draft applicability of each from the drafts
you’ve received to date.
You will find a potential additional PUD type: the Planned Residential Development (PRD). The PRD
was one of the PUD types in your original Phase I report. All Hazards & Level 1 resources, just as with the
TND (and classic subdivisions) must be excluded. Its purpose is to allow for limited flexibility from the
strict zoning / subdivision standards in order to facilitate some density increase over the underlying
zoning district and to encourage thoughtful transitions to adjacent land uses. This PUD type could be
used where the City wishes to incentivize affordable housing or the transfer of TDRs. And specific to the
present timeline, as discussed below, there are several zoning districts existing today in the LDRs that
grant density increases through a PUD, and where the other tools you have developed – TND and
Conservation PUD – may not be the fit fit.
Staff has also prepared a “worksheet” to test out the Conservation PUD and Planned Residential
Development functionality. It is available on the City’s PUD project webpage.
Some key issues that this table and brings to the forefront:
• In a Conservation PUD within the SEQ, Commissioners had asked that a TDR transfer in be
continued to allowed. This can be done, however, staff recommends the Commission limit the total
allowable net density on the development portion of the parcel. Without TDRs and including only
the current density bonus, parcels reach ~4-6 dwelling units per acre, net (depending on the
amount of hazards). The Commission may wish to create a total cap of ~6-8 units per acre. On
parcels with fewer hazards (which don’t count towards density), more TDRs could be purchased to
2
make up this number. On parcel with no hazards, the number would be reached without purchase
of TDRs.
• The viability of the Conservation PUD, in terms of the scale of development in the buildable area,
becomes challenging in districts exceeding a base density of 2 units per acre, especially on parcels
that have little or no hazards. The re-allocation of the density from the entire parcel to 30% of the
land may put the development out of scale with its surroundings at higher densities.
• The PRD could be a tool to promote the transfer of TDRs and provision of additional affordable
housing in certain districts. The current zoning has several districts that grant a density increase via
a PUD. Within the SEQ, TDRs are required to increase the density further in a PUD. Outside the
SEQ, however, the density increase is simply granted. The PRD could be used to attain these.
• The Commission may wish to consider making PUDs optional, rather than required, except where
the Commission wishes to require a Conservation PUD. This would allow for choice and then have
the “bonuses” actually function as bonuses.
Catgeory Conservation PRD TND NCD Infill Subdivision
Parcel & Natural Resources
Hazards Included Excluded Excluded Excluded Excluded Excluded
Level I Resources Included Excluded Excluded Excluded Excluded Excluded
Level II Resources Included Standards apply Standards apply Standards apply Standards apply Standards apply
Other Resources Included Optional Optional Optional Optional Optional
Min Conservation 70%, including all
hazards
n/a n/a n/a n/a n/a
Development Density
Basis of Density Zoning District*Zoning District Building Type Building Type Building Type Zoning District
Min Density n/a n/a 4 units per acre or
underlying district
gross max
8 units per acre or
zoning district max
TND / NCD
Assigned Base Density Zoning District
max times total
parcel except
hazards.
Zoning District
max times
developable land
n/a n/a n/a Zoning District
Max times land
outside Hazards,
Level 1
Inclusionary Zoning
(required in all districts)*
Offsets & bonuses
increase density
Offsets & bonuses
increase density
Offsets &
bonuses for lots
Additional Density
Bonuses
TDRs within SEQ?TDRs within SEQ;
PUD allowances
R1, R2 (or TDRs?)
n/a n/a n/a n/a
Total Maximum Density Assigned Base,
inclusionary,
TDRs?
Assigned Base,
inclusionary,
TDRs?
Building type-based Building Type Building Type Assigned Base,
inclusionary,
Design Elements
Min Civic Space 10% of buildable 10% of buildable 15% of buildable TBD 10% of buildable
Min Mixed Use No Yes Yes Yes No
Requires Building Types No*No Yes Yes No
*Note: affordable units do not require TDRs
Yes, can be
modified if
nearby
3
b. Review underlying zoning districts for integration with applicable PUD types
Staff is recommending the Commission review limited certain limited circumstances where the
adjustments to the underlying zoning districts are either necessary or may be warranted in order to
achieve the Commission’s goals.
The Commission had previously (in 2019) looked at several opportunities to consolidate zoning districts.
Staff believes these are worthwhile and warranted, but deserve more discussion and review than the
presently timelines allow. Therefore, staff is recommending the Commission focus on a handful of key
possible changes for the moment:
1. Zoning districts that currently allow density increases via PUD:
• Residential-1 districts. Currently there are 3 subdistricts within the R1 District that allow an
increase in density above the base of 1 units per acre when the property is reviewed as a
PUD (and notably, without any substantive standards for how to apply flexibility):
o Parcels over 5 acres in in the R1-PRD district are granted an increase to four (4) units per
acre via PUD
o Parcels over 5 acres in size in the R1-Lakeshore district are granted an increase to seven
(7) units per acre via PUD
o Parcels in the R1-Lakeview District are granted an increase to three (3) units per acre via
PUD
[note: there is also a “standard” R1 district. That district, without the add-on acronyms,
exists along Spear street and does not allow for an increase in density via a PUD. The
Planning Commission had previously decided not to allow PUDs in this district]
• Residential 2 district. The Residential-2 district allows for an increase from two (2) units per
acre to four (4) units per acre via a PUD of at least five (5) acres.
• SEQ “receiving area” districts. These districts all allow an increase from the “base” density
of 1.2 units per acre to a higher number via the purchase of TDRs in a PUD [note: currently
all subdivisions in the SEQ must be a PUD]
o SEQ-Neighborhood Residential and SEQ-Neighborhood Residential Transition allow an
increase to 4 units per acre
o SEQ-Neighborhood Residential North allows an increase to 4.67 units per acre [specific
zoning district following JAM Golf Course settlement]
o SEQ-Village Residential allows an increase to 8 units per acre
Where a Conservation PUD and TND are not appropriate, the PRD could be an excellent tool for
these districts.
4
For discussion: As noted, these districts all presently allow a density increase for “being” a
PUD. This would be an opportunity to require something in return for the increase, as is
classically the intent of a PRD. For consideration: allow the same density increase as is
allowed today in exchange for additional affordable housing (at 1:1 rate in the inclusionary
bylaw or via purchase of TDRs)
2. Areas where the 2016 Comprehensive Plan proposed a change in future land use
• The Hill Farm and adjacent parcels to its south (along the west side of Hinesburg Road,
immediately south of I-89). These are currently zoned Industrial-Open Space. That district is
largely focused on office and industrial uses, with very limited residential allowance (1 unit per 3
acres). The 2016 Comprehensive Plan indicated that this area should serve as a transition, from
principally conservation / open space adjacent to Veterans Memorial Park and Wheeler Nature
Park, to a medium-intensity mixed use environment, to more commercial/light industrial areas
closer to Hinesburg Road. Whether the parcel is subject to one or more PUD types, the
underlying zoning district is important in that it will determine allowed uses and intended broad
character.
Previously staff had recommended that these parcels could be included in a new “Transitional
Commercial” zoning district that would be an amalgam of several similar districts in the City,
which would be consolidated at the same time. As noted above, however, staff recommends not
completing the consolidations throughout the city at this stage given the timeline. Instead, staff
recommends that Commission apply standards from one of the existing “mixed use” zoning
districts that allow for a range of uses and a “medium” residential density.
Specifically, staff encourages the Commission to applying the standards of the “Swift Street”
District to these parcels. It allows a range of non-residential uses and also a medium level of
residential density. It does not allow light industrial as a use, but otherwise approximates the
discussions the Commission had previously had.
With this underlying zoning district, a TND, NCD (if adopted), or Conservation PUD could all
potentially work, as could not requiring a PUD at all if the Commission is not prepared to adopt
the NCD initially.
• Areas of the SEQ that the Commission previously indicated were not well suited to future
neighborhoods. When the Commission discussed “areas” of the SEQ earlier this summer, the
area between the Great Swamp and Dorset Street was prioritized for greater conservation, and
the Commission had discussions about the challenges presented by the existence of priority
resources on both the western and eastern portions of several contiguous parcels. As the
Commission considers at its next meeting the applicability of PUD types, it may also determine
whether a change to the underlying zoning district(s) may more clearly achieve the
Commission’s objectives.
c. Discuss extending applicability of basic building design standards for single and two-family homes from
SEQ to city-wide to match PUD work
5
Currently, single-and two-family homes in the SEQ’s neighborhood districts must meet certain basic
design standards. Buildings and front doors must present to the street, garages must be set back from
the main building façade, windows are prioritized on southern faces, and duplexes must include a
minimum amount of non-garage building.
Under the new proposed regulations, only development subject to “building types” (ie, the TND, NCD,
and infill PUD) will have any building design standards. In other words, homes in non-PUD subdivisions
in the SEQ, Conservation PUDs, and PRDs will not have any of these basic design standards unless these
standards are specifically made to apply. In addition, these basic design standards do not apply
anywhere else in the City.
Back in 2019, the Commission had reviewed a first draft of standards that would apply a more consistent
standard for placement (and dominance) of garages on single and two-family homes citywide. Staff has
prepared a draft of this, integrated with the current SEQ basic design standards, for the Commission’s
consideration. Staff recommends this be included in these draft regulations and apply to all new single
and two-family homes, citywide, that are on parcels of less than 1 acre. [homes on larger parcels tend to
be more rural in design].
Note: Staff views this as an intermediate step. The build types developed for the TND have, in our
view, a great deal of promise to apply not just in a TND, but, with some calibration, to lot-by-lot infill
development and redevelopment in the City as a project to be undertaken in the near future.
d. Brief overview of LDR re-organization to improve user-friendliness.
With all of the changes the Commission has been reviewing in the past couple of years, the need to
update the overall flow of the LDRs has become apparent to staff. [example: consolidating all of the
Environmental Protection Standards into a single chapter, as shown to the PC last week]. Staff has
undertaken a re-organization to help make the LDRs easier to navigate. See the attached side-by-side
table of contents. [note, the SEQ is the final piece of the puzzle, to be finalized in the next couple of
weeks following the Commission’s decisions on PUD types, etc.]
Working Draft
September 4, 2021
Page 1 of 7
15C.078 Planned Residential Development PUD (PRD) 1
[NOTE: THIS IS AN INITIAL WORKING DRAFT FOR FURTHER DISCUSSION RE FORMAT, STANDARDS, ETC. 2
WITH THE PLANNING COMMISSION AND COMMUNITY. 3
4
[ADD ILLUSTRATION] 5
6
A.____Description. A Planned Residential Development PUD (CON PRD) is a type of planned 7
development intended to modify (or waive) underlying zoning district dimensional standards to 8
promote more creative residential subdivision design – to promote walkability, provide open space, 9
and allow a mix of lot sizes, densities and housing types, and to allow for density increases to meet 10
stated City goals. Flexibility is provided as necessary to site and cluster new development on building 11
lots within the Development Area, at densities that can be supported by available buildable acreage and 12
infrastructure capacity and, where applicable, allowed building types. 13
14
B.____PRD Characteristics. Defining characteristics of a Planned Residential Development PRD) 15
include: 16
• Protect public health, safety, and welfare by avoiding land subdivision and development within 17
Hazard Areas regulated under Articles 10 and 12, including floodplains, river corridors, wetlands, 18
and very steep slopes. 19
• Predominantly residential uses, with limited supporting civic commercial uses. Maordable 20
• Efficient, interconnected local street, sidewalk and path network that accommodates all users, 21
while also limiting through traffic on neighborhood streets. 22
• Walkable, pedestrian-oriented blocks, building lots, and streetscapes that include continuous, 23
uninterrupted, ADA-compliant sidewalks as established by the Street Type. 24
• Recreation paths within greenways or along busier streets that connect with or serve the 25
adjoining neighborhood. 26
• A variety and integrated mix of housing types, that are oriented to and front directly on local 27
streets, courtyards, or civic spaces. 28
• Smaller civic spaces and facilities, such as pocket parks and playgrounds, within direct walking 29
distance (¼-mile) of the preponderance of neighborhood residences, that encourage social 30
interaction and provide access to outdoor recreation and neighborhood activities. 31
32
C.____Applicability. A Planned Residential Development (PRD) is an allowed PUD type within the 33
underlying, primarily residential zoning districts listed in Table 15C-1. 34
35
(1) The boundaries of the PRD, as indicated on the PUD master plan, and more specifically 36
delineated on preliminary and final subdivision plans, must delineate a unified, compact, and 37
walkable form of neighborhood development, typically defined as an area within a ¼- to ½-mile walk 38
from PRD center to edge. PRD boundaries must include designated development areas within the 39
tract to be developed, and exclude large, contiguous Hazard and Level I environmental resource 40
areas identified for protection under Article 12, as necessary to maintain a compact and well-41
integrated form of neighborhood development. 42
43
Working Draft
September 4, 2021
Page 2 of 7
(2) A PRD at minimum must incorporate one or more contiguous or interconnected 1
development areas equaling 4 acres or more, as designated on the master plan and delineated on 2
preliminary and final subdivision plans. 3
4
(3) The Development Area must be located adjacent or proximate to existing or planned 5
municipal transportation, water supply, and wastewater infrastructure and, to the maximum extent 6
physically feasible, to existing or planned development in the immediate vicinity. 7
8
(4) The Development Area must be sited and delineated to minimize allowed encroachments 9
under Article 12 10
11
(5) Within the SEQ District, no Development Area may be located within the NRP Sub-District. 12
13
(6) The Development Area must be able to accommodate a concentrated, clustered form of 14
residential or mixed use development that is consistent and compatible with the overall type and 15
density of development allowed within the underlying zoning district(s); but which may incorporate 16
a higher effective density of development as necessary to also accommodate development rights 17
transferred from the Conservation Area(s) on the tract or parcel. 18
19
(7) A PRD may border or be accessed from an arterial street but must not be traversed or 20
divided by an arterial street. No residential building lots within a PRD may front directly on or be 21
individually accessed from an arterial street. 22
23
24
D._____Residential Density and Unit (Yield) Calculations. Notwithstanding PUD residential density 25
provisions under Section 15C.04, for a PRD: 26
27
(1) The total number of residential units (excluding accessory dwelling units), and the effective 28
residential density within the designated Development Area allowed by right is determined as 29
follows: 30
31
(a) Zoning District. The maximum number of dwelling units and effective residential 32
density that may be accommodated within the designated Development Area shall be calculated 33
based on the maximum residential density (in dwelling units per acre) specified for the 34
underlying district under Appendix C, as applied to the Development Area, and rounded down: 35
36
Base Units (Yield) = (Development Area) x District Density (DU/A) 37
38
The effective residential density within a designated Development Area, can then be calculated 39
based on the total Development Area, less street rights-of-way (Buildable Area). 40
41
(2) Modification of the maximum residential density and number of dwelling units within a PRD 42
shall be allowed only as provided for within the underlying zoning district, for the provision of 43
affordable housing under Article 18 (Affordable Housing) and through the transfer of Development 44
Rights where applicable. 45 Commented [PC1]: Language needs to
specify how this will take place exactly
Working Draft
September 4, 2021
Page 3 of 7
1
2
3
4
E._____Allowed Uses. 5
6
Any use allowed as permitted or conditional use in the underlying zoning district(s) is allowed as a 7
permitted use within the designated Development Area of a PRD. Separate conditional use review 8
or permits shall not be required. 9
10
11
F._____PRD Dimensional Standards. 12
13
(1) Subdivision standards under Article 15A and zoning district dimensional standards under 14
Appendix C as generally applicable to the tract or parcel, including block, building lot, height, 15
setback, and coverage standards, may be modified or reduced by the DRB within the PRD as 16
necessary to accommodate the transfer of development density, and to allow for a more compact, 17
walkable, and efficient form of development. In approving modifications or reductions in required 18
dimensional standards, the DRB must find that within the designated Development Area: 19
20
(a) There is sufficient Buildable Area and existing or planned infrastructure capacity 21
available to support the type, form, and density of proposed development; and 22
23
(b) The modifications or reductions in required dimensional standards will result in a more 24
compact, walkable, and efficient form of residential neighborhood or mixed use development 25
within the designated Development Area. 26
27
G._____PRD Design Standards. The applicant for a PRD must demonstrate how the PUD is consistent 28
with the stated description and purpose a PRD under 15C.08(A)-(B) above; and following PRD Design 29
Standards, as indicated in the PRD Master Plan, and incorporated on preliminary and final subdivision 30
plans. 31
32
(1) The Development Review Board may modify a standard under this Subsection only as follows, 33
or in association with an accepted form of Alternative Compliance under 15C.04(C). 34
35
Example:
Working Draft
September 4, 2021
Page 4 of 7
(a) The DRB may modify a standard under this subsection within a designated Development 1
Area only as necessary to accommodate the allowed density of development, including 2
development rights transferred via inclusionary zoning or the Transfer of Development Rights, . 3
4
(b) Any proposed form of Alternative Compliance under a PRD PUD design standard must 5
clearly achieve the intent of standard to be modified, as required under Section 15C.04(C). 6
7
8
(2) Development Context. Land subdivision and development within the Development Area of 9
a PRD must define an efficient, compact, walkable and pedestrian-friendly form of residential 10
neighborhood or mixed use development that is: 11
12
(a) Consistent with zoning district or associated PUD type standards, including relevant 13
purpose statements, allowed uses, building types where applicable, and dimensional 14
standards as may be modified or reduced under Subsection G above. 15
16
(b) Compatible with planned development in the area, as specified in the Comprehensive 17
Plan and zoning or PUD purpose statements, to include similar or complementary uses and 18
patterns of land subdivision and development. 19
20
(c) Set back and buffered from incompatible uses and forms of development on abutting 21
parcels; and as necessary to avoid or to minimize and mitigate encroachments and 22
adverse impacts to protected resources under Articles 10 and 12. 23
24
(d) Set back from existing arterial and collector streets as required under Section 3.06 25
(Setbacks and Buffers). 26
27
28
(3) Neighborhood Edge / Transition Zone. A PRD must either have a clearly defined “edge” that 29
physically and visually distinguishes the PRD from the surrounding area (e.g., a greenway, park 30
or conserved area); or include one or more designated “transition zones” or areas along the 31
periphery, in which street and path connections to adjoining properties are maintained, but 32
dimensional standards, street and building types may be adjusted as necessary to integrate new 33
development with the adjoining existing or planned form of development. As provided for 34
transition zones under Subsection 15C.04(E): 35
36
(a) A PRD transition area may accommodate lot sizes, densities and building types that 37
complement or fully integrate with the existing or planned pattern of adjacent development. 38
39
(b) A PRD transition area may also incorporate a greenway or buffer as necessary to 40
separate the PRD from resources identified for protection, or from adjoining incompatible 41
nonresidential uses or forms of development. 42
43
(4) Connectivity. Street, recreation path, pedestrian, and transit connectivity must be provided or 44
maintained within the designated Development Area, and between the Development Area and existing 45
Commented [PC2]: (1) Note to PC: Staff and
Sharon working to make sure there is
sufficient guidance here. Input welcome!
Working Draft
September 4, 2021
Page 5 of 7
or planned development on adjoining parcels and in the vicinity of the proposed development, in 1
accordance with applicable subdivision requirements under Article 15A, to the extent that this does 2
result in adverse impacts to protected resource areas, except as allowed and regulated under Articles 10 3
and 12. 4
5
(a) Streets, sidewalks, recreation paths, and supporting infrastructure and utilities shall be designed in a 6
manner that allows for the extension of such facilities to adjacent properties located in areas planned 7
for development. 8
9
(5) Streets, Blocks, and Lots. Zoning district and subdivision standards pertaining to streets, blocks, 10
and building lots under Article 15A, or an associated PUD type, shall apply to development within the 11
Development Area, except for associated density and dimensional standards as may be modified or 12
reduced within a PRD PUD under Subsection G above. In addition: 13
14
(a) The Development Area may border and be accessed from an arterial street, subject to required 15
setbacks under Section 3.06; but must include only local or collector streets. No building lot within the 16
Development Area may front on an arterial street, except as may be allowed within the zoning district(s) 17
applicable to the proposed Development Area. 18
19
(b) The Development Area must incorporate Street Types (Article __), as allowed within the underlying 20
zoning district or associated PUD type, that are appropriate to the development context, including the 21
size of the designated Development Area, and the type, scale, and density of proposed development 22
within it. 23
24
(c) The layout of streets, blocks, and building and civic space lots within the Development Area must 25
define a compact, walkable, interconnected, and pedestrian-scaled form of development that provides 26
direct and efficient pedestrian and bicycle access and connectivity. Required block lengths and building 27
lot frontage may be reduced as allowed under Subsection H. 28
29
(d) To the extent physically feasible, streets that border a large, contiguous Hazard or Level 1 Resource 30
area must be single-loaded (accessed only from the development side) and laid out to follow or parallel 31
the Natural Resource boundary, as necessary to maintain street connectivity within the Development 32
Area, to define a clear transition between the Development Area and protected open space, and to 33
reinforce that protected open space is not intended to serve as an extension of rear yards. 34
35
(e) Dead-end streets and cul-de-sacs are prohibited, except as may be allowed under Section 15.A.14 36
(Street Network) to avoid encroachments within resource areas identified for protection under Articles 37
10 and 12. Such streets may not exceed 200 FT in length. 38
39
(f) Where the total Development Area acreage or number of allowed building lots or units is insufficient 40
to meet minimum block standards; pedestrian connections between building and civic space lots, and 41
any allowed dead-end streets or cul-de-sacs, must be maintained through on-street sidewalks or 42
connecting off-street recreation or pedestrian paths, as shown on the PUD Master Plan. 43
44
Commented [PC3]: need to verify which are
which.
Commented [PC4]: can they be expanded?
Working Draft
September 4, 2021
Page 6 of 7
(6) Civic Space. A minimum of 10% of the total Buildable Area must be allocated to one or more Civic 1
Space lots, by Civic Space Type (Article __), within any Development Area that exceeds two (2) acres in 2
size [and includes ten (10) or more dwelling units or mixed use development]. Civic space in this context 3
is intended to serve as a focal point or visually defining feature of the development, in support of 4
neighborhood gatherings, local businesses, social engagement and interaction, and more programed or 5
organized outdoor recreation. The type of Civic Space selected may vary based on the development 6
context, including available buildable acreage, proposed uses as allowed within the underlying zoning 7
district, and the type and density of proposed development; however: 8
9
(a) Civic space lots must be integrated into the fabric of development design, as physically and visually 10
distinct public spaces that can be accessed on foot. There should be a designated Civic Space lot located 11
within walking distance (¼-mile) of each building lot. 12
13
(b) Civic space design, including proposed amenities, must be consistent with the selected Civic Space 14
Type(s), and intended use. 15
16
(7) Building Types. Building types, including housing types, allowed within the Development Area 17
include principal buildings and accessory structures designed to accommodate uses allowed within the 18
applicable zoning district(s).. 19
20
(a) Buildings within the Development Area must meet applicable zoning district or Building Type 21
standards, including the minimum or maximum number of dwelling units allowed per lot or structure. 22
23
(b) Associated dimensional lot area, frontage, setback, coverage, and height requirements may be 24
modified or reduced under Subsection H G above as necessary to accommodate the effective increase in 25
development density in the Development Area. 26
27
(c) Principal buildings and building entrances must be oriented to and accessed from the street, an 28
adjoining courtyard, or civic space. Secondary entrances may open onto side or rear garages or parking 29
areas. The placement of garages and parking areas within the Development Area, if not specified 30
otherwise specified by zoning district or associated PUD type, must meet applicable Site Plan standards 31
under Section ___. 32
33
(8) Housing Mix. A mix of two or more housing types and styles must be provided as allowed within the 34
applicable zoning district, or as required for affordable housing or specified for an associated PUD Type, 35
for any residential or mixed use development that includes ten (10) or more dwelling units. Within 36
these developments, the Development Area must include an integrated mix of housing types and styles 37
within neighborhoods, blocks, and along street frontage, rather than segregating or compartmentalizing 38
housing types by block or street. 39
40
(9) Utilities and Facilities. To the maximum extent feasible, infrastructure and utilities required to 41
support the type and density of development proposed within the Development Area must be located 42
within the designated Development Area, in accordance with applicable subdivision requirements under 43
Article 15A (also see Buffer Area Design Standards). 44
45
Commented [PC5]: include parallel text to
street types (as allowed within district or PUD
type)?
Commented [SM6]: Per proposed
subdivision regulations
Commented [SM7]: Per Paul, section under
development, to be included in general
standards applicable to all development
(Article 3) or under site plan standards (Article
14).
Working Draft
September 4, 2021
Page 7 of 7
(a) Supporting infrastructure and utilities, and associated encroachments, may be sited within protected 1
Hazard, Level I and Level II Resources, only as regulated under Articles 10 and 12. 2
3
(b) The applicant must demonstrate that there is sufficient existing or planned potable water supply, 4
wastewater, and stormwater system capacity available within the Development Area to serve the type 5
and effective density of proposed development in conformance with State and City requirements. 6
7
(c) Preferred solar facilities within a designated Development Area includes rooftop facilities mounted 8
on principal and accessory structures, including parking canopies or structures located on designated 9
parking lots. Given the effective increase in development density and required pattern of development, 10
ground mounted solar facilities, including solar arrays, typically cannot be accommodated within these 11
areas. 12
13
14
Commented [PC8]: H AND l1 ARE
EXCLUDED FROM THE pud, RIGHT?
1
13.17 Residential Design for New Single and Two-Family Homes
A. Purpose. It is the purpose of this Section to promote pedestrian-oriented, energy efficient design
of buildings that are not otherwise subject to site plan or supplemental design review under these
Regulations. It is further the purpose of this Section to discourage repetitive design within and amongst
neighborhoods.
B. Applicability. This section applies to all new single or two-family buildings except:
(1) Buildings approved as part of an existing, unexpired subdivision or Planned Unit Development
approval, or for which a complete application has been submitted prior to the effective date of these
Regulations;
(2) Buildings receiving approval as permitted Building Type in conjunction with an application for
a Planned Unit Development employing Building Types;
(3) Buildings on lots existing as of the date of adoption of these regulations that exceed 1 acre in
size.
(4) Buildings with the City Center Form Based Code District
C. Standards
(1) Building Orientation. Residential buildings must be oriented to the street. Primary entries
for single family and multi-family buildings must face the street. Secondary building entries may open
onto garages and/or parking areas. Buildings should be oriented to maximize living space and windows
to the south, east and west. Residential buildings should orient their rooflines to maximize solar gain
potential, to the extent possible within the context of the overall standards of the regulations.
(2) Building Façades. Building facades are encouraged to employ a theme and variation
approach. Buildings should include common elements to appear unified, but façades should be varied
from one building to the next to avoid monotony. Front porches, stoops, and balconies that create
semi-private space and are oriented to the street are encouraged. Residential buildings with rear
facades that orient towards a public recreation path should employ rear porches, balconies, or other
features to enhance their architectural detail.
(3) Placement of Garages and Parking. For garages with a vehicle entrance that faces a front lot
line, the facade of the garage that includes the vehicle entrance must be set back a minimum of eight
feet (8’) behind the building line of the single or two-family dwelling.
(a) The DRB or Administrative Officer may waive this provision for garages with vehicle
entries facing a side lot line, provided that (i) the garage is visually integrated into the single or
two-family dwelling; and (ii) the façade of the garage that is oriented to the street is no more
than eight feet (8’) in front of the façade of the house that is oriented to the street.
(b) Rear alleys are encouraged for small lot single-family houses, duplexes and townhouses.
(4) Garages as percentage of linear façade. Front-facing garages that are part of a principal
building shall not exceed 40% of the linear width of the building’s front façade.
(a) For lots with frontage on Lake Champlain that are less than 100’ in width at the front
setback line, the non-garage portion of the principal building must be at least ten (10) feet
in width at the front building line and the entry facing the street must be prominent.
Commented [PC1]: FOR PC discussion: this
section is proposed to apply city-wide.
It is taken largely from the current SEQ-NR,
with noted changes below and shown
generally in italics
NOTE: The Commission is not obligated to
include these amendments, however, if other
amendments are enacted for new subdivisions
in the SEQ that are not subject to a Planned
Unit Development, or that are Conservation
PUDs, will have no residential design
requirements where currently they would be
required.
Commented [PC2]: FOR PC Discussion.
Language here is taken directly from the SEQ-
NR except as noted and in italics.
Commented [PC3]: Replaces a prior
recommendation for 35% of windows on a
building to be oriented to the south.
Commented [PC4]: Note: does the PC want
this to be the porch or the building façade?
Commented [PC5]: Note to PC: Added ZA
authority here.
Commented [PC6]: Replaces section
requiring 8 or 16 feet of façade to be non-
garage
Commented [PC7]: Newly added to address
these unique properties
2
Figure 9-7: Residential Garage Placement Options
(5) Mix of Housing Styles. A mix of housing styles (i.e. ranch, cape cod, colonial, etc.), sizes, and
affordability is encouraged within neighborhoods and developments. These should be mixed within
blocks, along the street and within neighborhoods rather than compartmentalized into sections of
near-identical units.
Commented [PC8]: Note: Removed setback
requirement previously in the SEQ, as the
setbacks will be determined by zoning district.
Land Development Regulations
Table of Contents Side by Side
CURRENT REGULATIONS PROPOSED REGULATIONS
1 Purpose and Title 1 Purpose and Title
1.01 Purpose and Compliance……………………………………………………………………1.01 Purpose and Compliance……………………………………………………………………
1.02 Title……………………………………………………………………………………………………1.02 Title……………………………………………………………………………………………………
1.03 Seperability ……………………………………………………………………………………...1.03 Seperability ……………………………………………………………………………………...
1.04 Effective Date & Implementation …………………………………………..………..1.04 Effective Date & Implementation …………………………………………..………..
2 Definitions 2 Definitions
2.01 Rules of Construction, Intent & Usage………………………………….…………..2.01 Rules of Construction, Intent & Usage………………………………….…………..
2.02 Specific Definitions …………………………………………….…………………………….2.02 Specific Definitions …………………………………………….…………………………….
2.03 Definitions for Flood Hazard Purposes……………………………………………..2.03 Definitions for Flood Hazard Purposes……………………………………………..
3 General Provisions 3 General Provisions
3.01 Establishment of Districts & Description of Certain Districts ……………3.01 Establishment of Districts and Description of Certain Districts
3.02 Official Maps & Other Maps ………………………………………………………......3.02 Official Map, Overlay District Map, and Other Maps
3.03 District Boundaries ………………………………………………………………………….3.03 District Boundaries
3.04 Applicability of Regulations ……………………………………………………………..3.04 Applicability of Regulations
3.05 Lots ………………………………………………………………………………………………...3.05 Lots
3.06 Setbacks & Buffers ……………………………………………………………………….… 3.06 Setbacks and Buffers
3.07 Height of Structures ………………………………………………………………………..3.07 Height of Structures
3.08 Temporary Structures & Uses ………………………………………………………...3.08 Temporary Structures and Uses
3.09 Multiple Structures & Uses …………………………………………………………….. 3.09 Multiple Structures and Uses
3.10 Accessory Structures & Uses ……………………………………………………….….3.10 Accessory Structures and Uses [includes swimming pool]
3.11 Nonconformities …………………………………………………………..………………..3.11 Accessory Dwelling Units
3.12 Alteration of Existing Grade …………………………………………………………….3.12 Home Occupations
3.13 General Performance & Maintenance Standards …………………………….3.13 Group Homes and Residential Care Homes
3.14 Reasonable Accommodation to Ensure Equal Access to Housing…….3.14 Registered and Licensed Family Child Care Homes
3.15 Residential and Commercial Building Energy Standards…………………..3.15 Nonconformities
3.16 General Performance and Maintenance Standards
3.17 Reasonable Accommodation to Ensure Equal Access to Housing
3.18 Residential and Commercial Building Energy Standards
4 Residential Districts 4 Residential Districts
4.01 Residential 1 (R1) District ……………………………………………………………….4.01 Residential 1 (R1) District ……………………………………………………………….
4.02 Residential 2 (R2) District ………………………………………………………………..4.02 Residential 2 (R2) District ………………………………………………………………..
4.03 Residential 4 (R4) District ………………………………………………………………..4.03 Residential 4 (R4) District ………………………………………………………………..
4.04 Residential 7 (R7) District ………………………………………………………………..4.04 Residential 7 (R7) District ………………………………………………………………..
4.05 Residential 12 (R12) District …………………………………………………………….4.05 Residential 12 (R12) District …………………………………………………………….
4.06 Residential 7 with Neighborhood Commercial District ……………………4.06 Residential 7 with Neighborhood Commercial District ……………………
4.07 Lakeshore Neighborhood District ……………………………………………………4.07 Lakeshore Neighborhood District ……………………………………………………
4.08 Queen City Park (QCP) District ………………………………………………………..4.08 Queen City Park (QCP) District ………………………………………………………..
5 Commercial Districts 5 Commercial Districts
5.01 Commercial 1 (C1) …………………………………………………………………………..5.01 Commercial 1 (C1) …………………………………………………………………………..
5.02 Commercial 1 with Automobile Sales (C1-Auto)……………………………..5.02 Commercial 1 with Automobile Sales (C1-Auto)……………………………..
5.03 Commercial 1 with Airport-Related Uses (C1-AIR) ………………………….5.03 Commercial 1 with Airport-Related Uses (C1-AIR) ………………………….
5.04 Commercial 1 with Limited Retail (C1-LR) ……………………………………….5.04 Commercial 1 with Limited Retail (C1-LR) ……………………………………….
5.05 Commercial 2 (C2) …………………………………………………………………………..5.05 Commercial 2 (C2) …………………………………………………………………………..
5.06 Swift Street District (SW) ………………………………………………………………..5.06 Swift Street District (SW) ………………………………………………………………..
5.07 Allen Road District (AR) …………………………………………………………………..5.07 Allen Road District (AR) …………………………………………………………………..
5.08 Supplemental Standards for Commercial Districts ………………………….5.08 Supplemental Standards for Commercial Districts ………………………….
6 Industrial and Airport Districts 6 Industrial and Airport Districts
6.01 Mixed Industrial & Commercial District (Mixed IC) ………………………...6.01 Mixed Industrial & Commercial District (Mixed IC) ………………………...
6.02 Mixed Airport AIR …………………………………………………………………………..6.02 Mixed Airport AIR …………………………………………………………………………..
6.03 Airport Industrial District (AIR-I) ………………………………………………….….6.03 Airport Industrial District (AIR-I) ………………………………………………….….
6.04 Industrial – Open Space District I-0 …………………………………………….…..6.04 Industrial – Open Space District I-0 …………………………………………….…..
6.05 Supplemental Standards for Industrial & Airport Districts ………………6.05 Supplemental Standards for Industrial & Airport Districts ………………
7 Other Districts 7 Other Districts
7.01 Institutional and Agricultural District I-A ………………………………………..7.01 Institutional and Agricultural District I-A ………………………………………..
7.02 Park & Recreation District (PR) ………………………………………………………7.02 Park & Recreation District (PR) ………………………………………………………
7.03 Municipal District (MU) ………………………………………………………….………7.03 Municipal District (MU) ………………………………………………………….………
8 City Center Form Based Codes District 8 City Center Form Based Codes District
8.01 Purpose………………………………………………………………………………………8.01 Purpose………………………………………………………………………………………
8.02 Applicability…………………………………………………………………………………8.02 Applicability…………………………………………………………………………………
8.03 Land Development and Building Placement…………………………………8.03 Land Development and Building Placement…………………………………
8.04 Blocks, Streets, and Alleys……………………………………………………………8.04 Blocks, Streets, and Alleys……………………………………………………………
8.05 Parking……………………………..……………………………………………………………8.05 Parking……………………………..……………………………………………………………
8.06 Special Standards………………………………………………………………………….8.06 Special Standards………………………………………………………………………….
Page 1
8.07 Prohibited Materials…………………….………………………………………………8.07 Prohibited Materials…………………….………………………………………………
8.08 Open Space Requirements……………………………………………………………8.08 Open Space Requirements……………………………………………………………
8.09 Uses Allowed and Changes of Use…………………………………………………8.09 Uses Allowed and Changes of Use…………………………………………………
8.1 Review Procedures……………………………………………………………………….8.1 Review Procedures……………………………………………………………………….
8.11 Nonconformities……………………………………………………………………………8.11 Nonconformities……………………………………………………………………………
8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards 8.12 City Center T3 and T3+ Neighborhood Building Envelope Standards
8.13 T4 Urban Multi-Use Building Envelope Standards………………………..8.13 T4 Urban Multi-Use Building Envelope Standards………………………..
8.14 T5 Building Envelope Standards……………………………………………………8.14 T5 Building Envelope Standards……………………………………………………
8.15 City Center FBC Master Plan Review and Approval [reserved]……..8.15 City Center FBC Master Plan Review and Approval [reserved]……..
8.16 – 8.18 [reserved]8.16 – 8.18 [reserved]………………………………………………………………………………. [reserved]
9 Southeast Quadrant (SEQ)9 Southeast Quadrant (SEQ)
9.01 Purpose ……………………………………………………………………..…………..………TO BE FINALIZED FOLLOWING COMMISSION DECISIONS ON PUD TYPES
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 & Design Requirements Applicable to 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 ……………………………………..….
9.1 SEQ-VC Sub-District, Specific Standards …………………………………..…….
9.11 Supplemental Standards for Arterial & Collector Streets ……………….
9.12 SEQ-NRP; Supplemental Regulations …………………………………….………
9.13 SEQ Review & Approval Process ……………………………………………………
Overlay Districts 10 Overlay Districts
10.01 Flood Plain Overlay District (FP) 10.01 Traffic Overlay District
10.02 Traffic Overlay District 10.02 Scenic View Protection Overlay District
10.03 Scenic View Protection Overlay District 10.03 Interstate Highway Overlay District
10.04 Interstate Highway Overlay District 10.04 Transit Overlay District
10.05 Transit Overlay District 10.05 Urban Design Overlay District
10.06 Urban Design Overlay District
10.07 River Corridor Overlay District
Transect Zone Street Typologies 11 Types
11 Applicability……………………………………………………………………………………11.01 Applicability
11.01 Street Types……………………………………………………………………………………11.02 Civic Space Types
11.02 New Streets……………………………………………………………………………………11.03 Building Types
11.03 Existing Streets……………………………………………………………………………….11.04 Street Types
11.04 Design Controls………………………………………………………………………………
11.05 Modifications………………………………………………………………………………….
11.06 Street Typologies……………………………………………………………………………
Surface Water Protection Standards 12 Environmental Protection Standards
12 General Stream and Surface Water Protection Standards……………….12.01 General Protection Standards and Review Procedures
12.01 Wetland Protection Standards & Review Procedures ……………….…….12.02 Restricted Infrastructure Encroachment
12.02 Stormwater Management Standards…………………………………….………..12.03 Steep Slopes
12.03 Stormwater Management Overlay District [reserved]……………………..12.04 Habitat Block Overlay District
12.05 Habitat Connector Overlay District
12.06 Wetland Protection Standards and Review Procedures
12.07 River Corridor Overlay District
12.08 Flood Hazard Area Overlay District
13 Supplemental Regulations 13 Supplemental Regulations
13.01 Off-Street Parking and Loading ………………………………………………….……13.01 [Reserved for Transportation Demand Management]
13.02 Home Occupations ……………………………………………………………….…………13.02 Off-Street Parking and Loading
13.03 Airport Approach Cones ………………………………………………………………….13.03 Bicycle Parking & Storage
13.04 Swimming Pools ………………………………………………………………….………….13.04 Landscaping, Screening, and Street Trees
13.05 Outside Storage & Display …………………………………..……………….………..13.05 Stormwater Management
13.06 Landscaping, Screening & Street Trees …………………………………………..13.06 Airport Approach Cones
13.07 Exterior Lighting ………………………………………………………………………….….13.07 Exterior Lighting [includes flags]
13.08 Specific Regulations for Nighttime Illumination of Governmental Flags 13.08 Outside Storage and Display
13.09 Bus Shelters ……………………………………………………………………………………13.09 Solar Radiation
13.1 Solar Radiation ……………………………………………………………………………….13.10 Connections across a Lot
13.11 Numbering Systems for Multi-Family Development ………………….……13.11 Fences
13.12 Group Homes and Residential Care Homes …………………………………….13.12 Utility Cabinets
13.13 Family Child Care Home or Facility (Day Care Facility)…………………….13.13 Signs
13.14 Bicycle Parking and Storage..….………………………………………………………13.14 Subsurface Sewage Disposal Systems
13.15 Connections across a Lot ……………………………………………………………....13.15 Satellite Dishes
13.16 Earth Products …………………………………………………………………………….….13.16 Retaining Walls
13.17 Fences ………………………………………………………………………………………….…13.17 Residential Design for New Single and Two-Family Homes
13.18 Utility Cabinets & Similar Structures ……………………………………………...
13.19 Signs …………………………………………………………………………..…………………..
Page 2
13.2 Subsurface Sewage Disposal Systems …………………………………………….
13.21 Satellite Dishes ……………………………………………………………………………….
13.22 Seasonal Mobile Food Units…………………………………………………………….
13.23 Outdoor exercise facilities for animal shelters, commercial kennels, pet day
cares, and veterinary hospitals ………………………………………….
13.24 Self Storage in the Mixed Commercial-Industrial (CI) District within Transit
Overlay District ……………………………………………......................
13.25 Retaining Walls ………………………………………………………………………………
13.26 Auto & Motorcycle Sales, Limited …………………………………………………..
13.27 Food Hubs …………………………………………………
13.28 Limited Neighborhood Commercial Use…………………………………………..
14 Site Plan & Conditional Use Review 14 Site Plan & Conditional Use Review
14.01 General Purpose ……………………………………………………………………..……14.01 General Purpose
14.02 Definition of Site Plan ……………………………………………………………………14.02 Definition of Site Plan
14.03 Uses & Actions Subject to Site Plan Approval ……………………………….14.03 Uses and Actions Subject to Site Plan Approval
14.04 Review and Approval of Site Plans …………………………………………..……14.04 Authority for Review and Approval of Site Plans
14.05 Application, Review, and Approval Procedure …………………………..….14.05 Application, Review, and Approval Procedure
14.06 General Review Standards …………………………………………………………...14.06 General Review Standards
14.07 Specific Review Standards …………………………………………………………….14.07 Specific Review Standards
14.08 Integration of Procedures …………………………………………………………….14.08 [reserved]
14.09 Administrative Review …………………………………………………………………14.09 [reserved]
14.1 Conditional Use Review: General Provisions & Standards ……………14.10 Conditional Use Review: General Provisions & Standards
14.11 Conditional Use Review: Specific Uses & Standards ……………………..14.11 Site Plan and Conditional Use Review: Specific Uses & Standards
Parking garages
Drive through Facilities
Convenience Store in Conjunction with a Gasoline Filling
Station/Service Station.
Gasoline Filling Stations//Service Stations
Processing & Storage
Alteration of Existing Grade
Earth Products
Accessory Dwelling Unit Supplemental Allowance
Seasonal Mobile Food Units
Outdoor exercise facilities for animal shelters, commercial kennels, pet
day cares, and veterinary hospitals
Self Storage in the Mixed Commercial-Industrial (CI) District
Auto & Motorcycle Sales, Limited
Food Hubs
Limited Neighborhood Commercial Use
15 Subdivision & Planned Unit Development Review 15A Subdivision
15.01 Purpose ………………………………………………………………………………………...15.A.01 Purpose and Authority
15.02 Authority & Required Review ……………………………………………………….15.A.02 Applicability
15.03 Allowed Uses, Densities and Zoning Boundary Adjustments .…………15.A.03 Minor Lot Line Adjustments and Mergers
15.04 General Subdivision & PUD Review Procedures ………………………..……15.A.04 Classification
15.05 Sketch Plan Review …………………………………………………………………….…..15.A.05 Sketch Plan Review (All Subdivisions)
15.06 Review & Approval of Minor Subdivisions ……………………………………...15.A.06 Preliminary Subdivision Review (Major Subdivisions)
15.07 Master Plan Review & Approval ……………………………………………………..15.A.07 Final Subdivision Review (All Subdivisions)
15.08 Major Subdivision, Transect Zone Subdivision, or PUD Approval Procedure 278 15.A.08 Plat Recording Requirements (All Subdivisions)
15.09 Final Plat Recording ……………………………………………………………………..…15.A.09 Subdivision Amendments
15.1 Lot Layout ……………………………………………………………………………………….15.A.10 Subdivision Standards
15.11 Relation to Scenic View Protection Overlay District ……………………….15.A.11 Development Suitability
15.12 Standards for Roadways, Parking & Circulation in PUDs and Subdivisions 280 15.A.12 Resource Protection
15.13 Utility Services ……………………………………………………………………………..…15.A.13 Subdivision Design Process
15.14 Required Public Facilities and Improvements ………...…………………..…..15.A.14 Street Network
15.15 Performance Bonds, Escrow Accounts, and Letters of Credit…………..15.A.15 Sidewalks, Bike Lanes and Recreation Paths
15.16 Acceptance of Streets & Required Facilities and Improvements …....15.A.16 Blocks and Lots
15.17 Certificate of Title ………………………………………………………………………..…15.A.17 Utilities and Services
15.18 Criteria for Review of PUDs, Subdivisions, Transect Zone Subdivisions, and
Master Plans……………………………………………………………………………….15.A.18 Required Improvements
15.19 Minor Lot Line Adjustments………………………………………………………………15.A.19 Performance Bonds, Escrow Accounts, Letters of Credit
15B Master Plan
15.B.01 Purpose
15.B.02 Applicability
15.B.03 Review Process
15.B.04 Master Plan Components
15.B.05 Review Standards
15.B.06 Approval, Effect, Duration, Amendment
15C Planned Unit Development
15C.01 Purpose
15C.02 Applicability
Page 3
15C.03 PUD Review
15C.04 General Standards
15C.05 Traditional Neighborhood Development
15C.06 Neighborhood Commercial Development
15C.07 Conservation Development
15C.08 Infill and Redevelopment
15c.09 Planned Residential Development
16 Construction and Erosion Control Standards 16 Construction and Erosion Control Standards
16.01 Purpose …………………………………………………………………………………………..16.01 Purpose …………………………………………………………………………………………..
16.02 Applicability …………………………………………………………………………………….16.02 Applicability …………………………………………………………………………………….
16.03 Standards for Erosion Control During Construction …………………….....16.03 Standards for Erosion Control During Construction …………………….....
16.04 Excavation and Grading …………………………………………………………………..16.04 Excavation and Grading …………………………………………………………………..
17 Administration and Enforcement 17 Administration and Enforcement
17.01 General Provisions ……………………………………………..………..………………..17.01 General Provisions ……………………………………………..………..………………..
17.02 Zoning Permits ……………………………………………………………………………….17.02 Zoning Permits ……………………………………………………………………………….
17.03 Certificates of Occupancy ………………………………………………………………17.03 Certificates of Occupancy ………………………………………………………………
17.04 Expiration of Permits and Approvals ……………………………………………..17.04 Expiration of Permits and Approvals ……………………………………………..
17.05 Revocation of Permits and Approvals [reserved]…………………………..17.05 Revocation of Permits and Approvals [reserved]…………………………..
17.06 Fees, notifications, and digital submissions.…………………..………………17.06 Fees, notifications, and digital submissions.…………………..………………
17.07 Planning Commission …………………………….………………………..…………….17.07 Planning Commission …………………………….………………………..…………….
17.08 Development Review Board ………………………………………………….……….17.08 Development Review Board ………………………………………………….……….
17.09 Administrative Officer…………….………………………………………………………17.09 Administrative Officer…………….………………………………………………………
17.1 Advisory Committee………………………………………………………………………17.1 Advisory Committee………………………………………………………………………
17.11 Amendments to Regulations and Maps [reserved] ……………………….17.11 Amendments to Regulations and Maps [reserved] ……………………….
17.12 Violations [reserved] ………………………………………………………………….…17.12 Violations [reserved] ………………………………………………………………….…
17.13 Penalties [reserved] ………………………………………………………………………17.13 Penalties [reserved] ………………………………………………………………………
17.14 Appeals ………………………………………………………………………………………….17.14 Appeals ………………………………………………………………………………………….
18 Affordable Housing Standards 18 Housing Standards
18.01 Inclusionary Zoning……………………………………………………………………....18.01 Inclusionary Zoning
18.02 Affordable Housing Density Bonus………………………………………………..18.02 [reserved]
18.03 Housing Preservation……………………………………………………………………18.03 Housing Preservation
19 Transfer of Development Rights
MAY MOVE FROM ARTICLE 9
Appendices Appendices
A Performance Standards A Performance Standards
B Traffic Generation Data Collection and Procedures B Traffic Generation Data Collection and Procedures
C Table of Uses and Dimensional Standards C Table of Uses and Dimensional Standards
D Lighting D Lighting
E Submission Requirements E Submission Requirements
F Standards for Open Space in City Center F Reserved
G Bicycle Parking G Bicycle Parking
H Pre-Existing Dwelling Units Exempt from Housing Preservation.H Pre-Existing Dwelling Units Exempt from Housing Preservation.
Maps Maps
Page 4
Page 1 of 7
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
Emily Heymann, AICP, Planner
DATE: August 27, 2021
SUBJECT: Proposed Amendments to the 2016-2024 Comprehensive Plan as required to adopt the
New England Chimney Supply (NECS) Specific Plan
The Williston Planning Commission will hold a public hearing to consider amendments to the 2016-2024
Williston Comprehensive Plan (aka “Town Plan), with changes proposed to Chapter 3 Land Use, Chapter 6
Transportation, and Map 3 Future Land Use Plan for the purpose of approving the New England Chimney
Supply Specific Plan. Any interested members of the public are welcome to participate.
When: October 5, 2021 at 7:00 PM
Where: In-person* and virtual participation options
- Zoom Meeting ID 158 006 871 on www.zoom.us/join or call (646) 558-8656
- Annex Conference Room*, 7878 Williston Road, Williston, VT 05495
*Due to COVID-19, virtual participation is strongly encouraged. The conference room is small and
social distancing cannot be maintained; masks may be required. One staff person will be present in
the conference room and most Commissioners will join remotely via Zoom.
View the proposed changes online, including the NECS Specific Plan package:
https://www.town.williston.vt.us/index.asp?Type=B_BASIC&SEC={251C7800-FAC1-4435-A98A-
6563D1F851D8}&DE={C2CAB42F-0B40-4D08-847B-98A79C2570F1}
Public participation is welcomed and encouraged. Should you wish to comment on any aspect of the
proposed Williston Comprehensive Plan amendments, or have accessibility requests or questions about
connecting to Zoom, please contact Emily Heymann, AICP, Planner Williston Planning Office at (802)
878-6704 ext.3, by email to eheymann@willistonvt.org , or by letter: Town of Williston, c/o Planning
Commission, 7900 Williston Road, Williston VT 05495.
Page 2 of 7
TOWN OF WILLISTON, VERMONT
Planning Commission Report
Proposed Amendment to the 2016-2024 Comprehensive Plan
Public Hearing Scheduled for October 5, 2021
The Planning Commission of the Town of Williston has scheduled a public hearing for the purpose of
considering a proposed amendment to the town’s 2016-2024 Comprehensive Plan. The public hearing will
take place on October 5, 2021 at 7:00 PM with in-person and virtual participation options: Zoom Meeting
ID 158 006 871 on www.zoom.us/join or call (646) 558-8656; Annex Conference Room, 7878 Williston
Road, Williston, VT 05495. Any interested members of the public are welcome to participate for free via
Zoom on a smartphone, computer, or by telephone (1-646-558-8656 or https://zoom.us/j/171648672). Due
to COVID-19, virtual participation is strongly encouraged. The conference room is small and social
distancing cannot be maintained; masks may be required. One staff person will be present in the conference
room and most Commissioners will join remotely via Zoom.
The amended plan is entitled 2016-2024 Williston Comprehensive Plan, with changes proposed Chapter 3
Land Use, Chapter 6 Transportation, and Map 3 Future Land Use Plan for the purpose of approving the
New England Chimney Supply Specific Plan.
What is a Specific Plan? Per Williston Unified Bylaw (WDB) Chapter 9, a specific plan is a “a
tool that replaces the PUD/PRD provisions… [to] encourage and permit the creative redesign and
redevelopment of commercial areas. A specific plan is a set of amendments to the town’s
Comprehensive Plan and this bylaw that has been developed by one or more landowners working
with the Planning Commission and the public, at the landowners’ expense… The specific plan
option may be used only where the Planning Commission determines that a substantial benefit to
the town could result… A specific plan can refine and add detail to the objectives and policies of
the Town Plan, provided that it is consistent with and implements the overall vision stated in the
Town Plan.…. Adoption of a specific plan will follow the procedures established at 24 V.S.A. §
4384-4385 for the amendment of plans and the procedures established at 24 V.S.A §4441-4442 and
in Chapter 8 of this bylaw for the amendment of this bylaw.”
In accordance with 24 V.S.A.§4384(c), which states:
“When considering an amendment to a plan, the planning commission shall prepare a written report
on the proposal. The report shall address the extent to which the plan, as amended, is consistent with
the goals established in section 4302 of this title.
The Williston Vermont Planning Commission has prepared the following report regarding the proposed
amendments to the town’s Comprehensive Plan as shown in red underline:
1) Amend “Chapter 3 Land Use” to support the zoning district boundary change
Chapter 3 Land Use
Section 3.7 Explore the Creation, Definition, or Modification of other Land Use Areas
3.7.2 -- Consider changes to allowed uses in the Industrial Zoning District West adjacent to
the Business Park and Mixed-use commercial Districts. The town currently has some land zoned
Page 3 of 7
for industrial uses sandwiched between existing residential neighborhoods and the town’s Business
Park Zoning District, primarily in the area near Commerce Street and Williston Road. The town
shall examine this area and consider making changes to the town’s zoning map or development
standards to minimize the existing conflicts between these disparate zoning districts. New England
Chimney Supply (NECS) Specific Plan: In 2021, 5190 and 5222 Williston Road (07-105-041-000
& 07-105-039-000) were rezoned from Gateway West and Residential to Industrial West. This
boundary change reduces the potential conflict between residential and industrial uses by
preventing the creation of more residential units closer to Commerce Street than the existing
residences on Kirby Lane.
2) Amend “Chapter 6 Transportation” to acknowledge the substantial benefits provided by New
England Chimney Supply, as required by the Williston Specific Plan process
Chapter 6 Transportation
Section 6.1 6.1 - Master Transportation Plan - The overall objective of the town is to develop a
comprehensive approach to transportation that emphasizes the safe and efficient movement
of people and goods utilizing a variety of transportation modes that includes transit,
pedestrian and bicycle facilities, paths and trails, as well as roads and highways for the
movement of cars and trucks.
6.1.2.2 Build Other Sidewalks and Paths, as Needed. It is the responsibility of the developer to
provide sidewalks, paths, and trails within new projects as well as connections to existing
sidewalks, paths and trails adjacent to the new project. (see Policy 6.7.1 below), but the town may
need to fills gaps in its bicycle and pedestrian circulation system. Paths that provide north-south and
east-west transportation and recreation routes along or near heavily traveled roadways should be
prioritized. New England Chimney Supply (NECS) Specific Plan includes the construction of a
new bus pull-off with bicycle storage lockers and the provision of escrowed funds to construct a
sidewalk from their property line to the South Brownell Road intersection to improve pedestrian
and cyclist connectivity along this segment of Williston Road. Pedestrian and non-motorized
facility priorities include: (see Town Plan for list)
6.1.3.4 Build Bus Pull Offs. There are many locations where there are inadequate places for bus
passengers to get on and off busses along the major roads in Williston, especially Williston Road
and Mt. View Road. The town shall work with GMT to identify and build appropriate locations for
pull off locations for busses along these routes. New England Chimney Supply (NECS) Specific
Plan includes the provision of a bus pull-off on Williston Road near Commerce Street as a defined
substantial benefit with a letter of support from Green Mountain Transit.
This proposal alters the designation of a land use area (Town Plan Map 3 – Future Land Use Plan) by
changing the zoning district boundaries for two parcels totaling approx. 1.57 acres. Therefore, in
compliance with 24 V.S.A.§4384(c), this report addresses the pointed listed in statue as follows:
(1) The probable impact on the surrounding area, including the effect of any resulting increase in
traffic, and the probable impact on the overall pattern of land use.
Changing the land use designation from two parcels totaling 1.57 acres from Gateway Zoning
District West and Residential Zoning District to Industrial Zoning District West will result in the
redevelopment of single-household properties to the expansion of an existing and abutting
industrial use. These 2 lots will be merged with 34 Commerce Street allowing the existing NECS
facility and parking area to expand. Traffic is anticipated to increase, but not significantly.
Consolidating the two parcels with the existing industrial use will result in a consolidation of curb
cuts from 3 to 1 on Williston Road, a state highway, where consolidated access is desirable and
Page 4 of 7
improves traffic flow and safety. Currently, these parcels are eligible for redevelopment as higher-
density residential, commercial, or mixed-use. The rear portion of 5222 Williston Road (approx.
0.70 acres) is zoned residential and has no commercial redevelopment potential. This will improve
the overall pattern of land use by preventing the creation of new residential units in very close
proximity to an industrial use in an industrial zoning district.
(2) The long-term cost or benefit to the municipality, based upon consideration of the probable
impact on:
(A) the municipal tax base; and
The proposed rezoning is anticipated to increase the municipal tax base. A 40,000 SF industrial
building expansion plus parking is anticipated to have a higher grand-list value than two single-
household dwellings. The expansion of the NECS facility will allow the business to expand their
operations and sales, potentially increasing the contribution to local options sales tax.
(B) the need for public facilities.
This area is served by municipal water and sewer, and the town provides police and fire services.
Long-term costs to the town will be the maintenance of additional sidewalks within public right-of-
way.
(3) The amount of vacant land which is:
(A) already subject to the proposed new designation; and
No vacant land is available in the portion of IZDW along Commerce Street. Some vacant land
remains in the IZDW on the western end of town (Industrial Ave, Marshall Ave, etc.) however that
land is not contiguous nor germane to the NECS Specific Plan process.
(B) actually available for that purpose, and the need for additional land for that purpose.
There is no vacant industrial land adjacent to the subject parcel, 34 Commerce Street. There is very
limited vacant land overall in Williston’s Industrial Zoning District West.
(4) The suitability of the area in question for the proposed purpose, after consideration of:
(A) appropriate alternative locations;
There are no appropriate alternative locations because this land use designation change is driven
by the Specific Plan process for New England Chimney Supply and their existing facility at 34
Commerce Street. This rezoning, as defined by the Williston Unified Development Bylaw 9.1.1.2, is
not spot zoning because “The specific plan avoids claims of “spot” zoning because it is not a
“deal” between a community and an individual landowner. A specific plan must go through the
same process required for adoption of the Town Plan and bylaws. This ensures that, while it will
(as all land use changes do) serve private interests, it will also provide substantial public benefits.
The specific plan process cannot begin without a finding, by the Planning Commission, that
substantial public benefits could result.” Therefore, the town is warning public hearings for the
adoption of Town Plan and bylaw amendments.
(B) alternative uses for the area under consideration; and
The alternative for 5124 and 5222 Williston Road under current land use designations are
residential, a limited range of commercial uses (excluding retail) or mixed-use. The rear portion of
5222 Williston Road is zoned residential only- therefore its only development potential is 1-3 units
or a childcare facility. These uses are not desirable under Williston’s town plan where the goal
here, per 3.7.2 is to “minimize the existing conflicts between these disparate zoning districts.”
Page 5 of 7
(C) the probable impact of the proposed change on other areas similarly designated.
This rezoning and the expansion of NECS is not anticipated to impact other areas zoned
industrial/heavy commercial because of the high demand for industrial land within the Chittenden
County region, especially in proximity to the interstate and airport like Williston’s industrial areas
along Williston Road, Marshall Ave, and Industrial Ave.
(5) The appropriateness of the size and boundaries of the area proposed for change, with respect to
the area required for the proposed use, land capability, and existing development in the area.
Two parcels totaling 1.57 acres will be rezoned and the future land use map changes from Gateway
Zoning District West (GZDW) and Residential Zoning District (RZD) to Industrial. The 1.57 acres
will be contiguous with the existing approximately. 40 acres of industrial zoning district along
Commerce Street, including the existing NECS facility at 34 Commerce Street.
Figure 1. Two parcels, zoned Gateway West and Residential, will be rezoned Industrial West and
merged with the existing NECS facility.
Public participation is welcomed and encouraged. Should you wish to comment on any aspect of the
proposed Williston Comprehensive Plan amendments, or have accessibility requests or questions about
connecting to Zoom, please contact Emily Heymann, AICP, Planner Williston Planning Office at (802)
Page 6 of 7
878-6704 ext.3, by email to eheymann@willistonvt.org , or by letter: Town of Williston, c/o Planning
Commission, 7900 Williston Road, Williston VT 05495.
Page 7 of 7
Certification of Service
Vermont Department of Housing and Community Development
1 National Life Drive
National Life Building, 6th Floor
Montpelier, VT 05620-0501
Chittenden County Regional Planning Commission
110 West Canal Street
Suite 202
Winooski, VT 05404-2109
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 VT 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
Shelburne, VT 05482
Town of St. George Planning Commission
21 Barber Road
St. George, VT 05495
Village of Essex Junction Planning Commission
2 Lincoln St.
Essex Junction, VT 05452