Loading...
HomeMy WebLinkAboutAgenda - Planning Commission - 05/14/2019 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, May 14, 2019 7:00 pm South Burlington Municipal Offices, 575 Dorset Street AGENDA: 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm) 3. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:06 pm) 5. Review and consider possible amendments to City Center portion of the Official Map (7:15 pm) 6. Review and discuss proposed approach for advancing and completing natural resources standards, Jessica Louisos & Bernie Gagnon, (7:40 pm) 7. Opportunity for Planning Commission to update recommendation to City Council regarding Interim Zoning application #IZ-19-01 (8:00 pm) 8. Presentation and discussion on possible requirement for solar generation for new buildings, South Burlington Energy Committee (8:10 pm) 9. Report from Committee Liaisons: (8:40 pm) a. Transferable Development Rights IZ Committee, Michael Mittag (8:40 pm) b. Open Space IZ Committee, Bernie Gagnon (8:50 pm) c. Form Based Codes Subcommittee, Art Klugo (9:00 pm) 10. Meeting Minutes (9:10 pm) 11. Other business (9:12 pm) a. Village of Essex Junction Draft Comprehensive Plan: Planning Commission Public Hearing, Thursday, May 23, 6:00 pm, 2 Lincoln St, Essex Junction b. Town of Shelburne Draft amendments to Zoning Bylaw: Planning Commission Public Hearing, Thursday, May 23, 7:00 pm, 5420 Shelburne Road, Shelburne c. City of Burlington Draft amendments to Comprehensive Development Ordinance: Planning Commission Public Hearing, Tuesday, May 28, 6:45 pm, 149 Church Street, Burlington d. 45-day pre-application notice for a proposed 150 kw solar array application to the Public Utilities Commission by Bullrock Solar, 650 Spear Street e. 45-day pre-application notice for a proposed 80 kw solar array application to the Public Utilities Commission by Bullrock Solar, 705 Spear Street 12. Adjourn (9:20 pm) Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: May 14, 2019 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Directions on emergency evacuation procedures from conference room (7:00 pm) 3. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm) 4. Open to the public for items not related to the agenda (7:03 pm) 5. Planning Commissioner announcements and staff report (7:06 pm) Dorset Street streetlights: The folks over in Public Works last week completed the swap out of 60 streetlights to LEDs. The project has a 3-year return on investment (not even counting the time savings of less frequent bulb replacement) and thereafter will be saving the City $7,000 annually. Digitization of DRB Files: Work continues in the scanning and digitization of our DRB files. We’ve been moving alphabetically through files, by street name, and are now at the Ws. As of this week, we’ve launched a kiosk in our office to allow users (on a trial basis for now) to search through those files that have been digitized. Inclusionary Zoning Workshop: Staff, as well as members of the Affordable Housing Committee & Housing Trust Fund Committee attended a regional roundtable & workshop on Inclusionary Zoning on April 30th. Speakers included Todd Rawlings, who runs the Burlington program (and sits on our AH committee), Michael Monte from Champlain Housing Trust, Erik Hoesktra from Redstone development, and Alex Weinhagen from the Town of Shelburne. Lots of good information on how programs work, pros, cons, etc. Committee Leadership Meeting 5/30. Staff is coordinating with the chairs and vice chairs of all committees for a leadership meetings on May 30th. This meeting will discuss general coordination, work plans, training, etc. We’re also planning for a “South Burlington Committees Conference” in the fall, and will be discussing that on the 30th. Zoning Administrator’s Highlights: Recent permits of note that have been issued include the permanent sign for the new Hannaford’s off Shelburne Road, and the zoning permit for reconstruction of Taxiway G and the associated Jet Blast Deflector near Airport Parkway. 6. Review and consider possible amendments to City Center portion of the Official Map (7:15 pm) See attached staff memo and request from Tim McKenzie of South Burlington Realty. 7. Review and discuss proposed approach for advancing and completing natural resources standards, Jessica Louisos & Bernie Gagnon, (7:40 pm) See attached memo from Jessica & Bernie. 8. Opportunity for Planning Commission to update recommendation to City Council regarding Interim Zoning application #IZ-19-01 (8:00 pm) At last week’s City Council meeting, the continued hearing on the application for the 4-lot subdivision from a 2.0 acre lot off Hinesburg Road was held. The applicant shared the minutes of the last Planning Commission meeting at which the subject was discussed (April 9th) and expressed that it appeared to them that with the Commission having determined that the threshold for mandatory PUDs would be 4 acres, that some Commissioners no longer had concerns about the project proceeding. The only official Commission action, which dated to a month prior, however, recommended that the project not proceed and not be approved by the Planning Commission. After some discussion, the City Council elected to continue their hearing to May 20th, so that they could consider the evidence, so that the Open Space IZ Committee could provide any information they had about possible natural resources on the property, and so that the Planning Commission, if they so chose, could update its recommendation from March not to have the subdivision proceed. 9. Presentation and discussion on possible requirement for solar generation for new buildings, South Burlington Energy Committee (8:10 pm) Andrew Chalnick and additional members of the Energy Committee will be presenting a proposal for a possible requirement for solar generation associated with new principal building construction. No formal action is required or requested of the Commission at this time. However, Commissioners are asked to consider the relative timing of any consideration it might give to such a proposal. 10. Report from Committee Liaisons: (8:40 pm) a. Transferable Development Rights IZ Committee, Michael Mittag (8:40 pm) b. Open Space IZ Committee, Bernie Gagnon (8:50 pm) c. Form Based Codes Subcommittee, Art Klugo (9:00 pm) 11. Meeting Minutes (9:10 pm) Draft minutes from April 9th and April 23rd are enclosed for your consideration. 12. Other business (9:12 pm) a. Village of Essex Junction Draft Comprehensive Plan: Planning Commission Public Hearing, Thursday, May 23, 6:00 pm, 2 Lincoln St, Essex Junction b. Town of Shelburne Draft amendments to Zoning Bylaw: Planning Commission Public Hearing, Thursday, May 23, 7:00 pm, 5420 Shelburne Road, Shelburne c. City of Burlington Draft amendments to Comprehensive Development Ordinance: Planning Commission Public Hearing, Tuesday, May 28, 6:45 pm, 149 Church Street, Burlington d. 45-day pre-application notice for a proposed 150 kw solar array application to the Public Utilities Commission by Bullrock Solar, 650 Spear Street e. 45-day pre-application notice for a proposed 80 kw solar array application to the Public Utilities Commission by Bullrock Solar, 705 Spear Street 13. Adjourn (9:20 pm) 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: Official Map amendment request DATE: May 14, 2019 Planning Commission meeting Enclosed please a request from Tim McKenzie of South Burlington City Center LLC for a proposed amendment to the City’s Official Map in the City Center Area. The Official Map, as you know, is a regulatory document that cities & towns may adopt to accompany Land Development Regulations. Its purpose is to plan for future public infrastructure and facilities in the community, such as roadways, parks, recreation paths, utility infrastructure, and land for other planned public facilities. Functionally, public facilities shown on the Official Map are required to be accommodated as part of review of development of a property. Should a property owner elect not to make accommodation for the facility, the project is required to be denied, triggering a 120 period for the City Council to decide whether to initiate acquisition proceedings for that facility. The principal purpose of the Official Map is to assure that planned public facilities are accommodated, including, in the instance of roadway, coordination across multiple properties. The enclosed request is to remove two segments of roadway currently indicated on the City Center portion of the Official Map, between San Remo Drive and Market Street. Amendments to an Official Map are required to follow the same procedural steps as a zoning amendment (public hearing and action by the Planning Commission, followed by public hearing and action by the City Council). In addition, as with zoning amendments, the Commission is required to demonstrate that any changes are consistent with the Comprehensive Plan. Enclosed with this staff memo are two maps: • Existing Official Map for City Center (adopted 2016) • Wetland Impacts Plan prepared by property owner to the Army Corps and VT Wetlands division, showing approved impacts, protected wetland areas, and allowed crossings. 2 • Conceptual roadways for northern portion of City Center (2018 draft). This conceptual roadway system was prepared as part of the Williston Road Network Study and presented to the Planning Commission in 2018. Detailed review of this concept map and possible resulting amendments to the Official Map are on the Planning Commission’s work plan. Staff is NOT recommending that possible changes presented in this concept map be included at this time. Staff recommendations Following presentation of the request, Commissioners are invited and welcome to discuss the subject, consider whether the removal of the planned roadways will have any material effect on the movement of people through City Center, whether to proceed with the request, and whether any additional changes to the Official Map in this area are warranted. Regarding the specific requests: • The southern road segment (from San Remo Drive to Garden Street) crosses wetland areas that were not approved for such impacts by State and Federal regulators and includes land specifically approved for stormwater infrastructure. Staff concurs that the existence of these resources makes this roadway not feasible in the area, and that this segment should be removed from the Official Map. • The northern road segment (from San Remo Drive to the Blue Mall property) also crosses wetland areas that were not approved for such impacts by State and Federal regulators and includes land specifically approved for stormwater infrastructure. Staff concurs that the roadway indicated on the Official Map is not feasible in its present location. Staff recommends that the Commission review and discuss whether it should be relocated, replaced with a different form of access, or removed from the Official Map. • As noted above, any changes to the Official Map must be deemed consistent with the Comprehensive Plan. Staff recommends that the Commission closely consider the goals & objectives for connectivity of pedestrians & vehicles in City Center and determine whether any other changes to the Official Map, or implementation of any other tools, are needed to accomplish the community’s goals for connectivity within the subject property or the subject property and adjacent properties / neighborhoods. CITY OF SOUTH BURLINGTONCITY OF BURLINGTONBlock StandardsAppicability Non-Exempt INTERSTATE 89W H IT E S T DORSET STHINESBURG RDA S P E N D R R U T H S T G A R D E N S T PATCHEN RDMIDAS DRMARY STM A R K E T S T WILLISTON RD I B Y S T SAN REMO DRLegend Form Based Code Area (346 acres) Existing Road Parcels Existing Streets Planned Streets Planned Recreation Path Planned Street Right of Way Parks Tax Parcel Boundary E \\PWSERVER\GISdata\Planning&Zoning\Planning\OfficialMap\OfficialMap2017\OfficialMap_2017.mxd exported by:mbrumberg On 6/30/2017 City of South Burlington Planning & Zoning - Official Map (Form Based Code Area)Effective July 10, 2017 *Approximate locations of proposed roads, to be used for planning purposes only. Please refer to original studies for exact road centerlines. 0 700 1,400350 Feet Williston Road Network Transportation Study Phase II p. 22 Figure 16: Proposed Grid Street Plan memo Establishing natural resource protections is a key focus in the PC work right now. Having heard from other commissioners and public interest, and via current city plans and reports, we’ve identified the following goals related to our natural resources: o Water Quality (surface waters, future waterways and water movements, buffering) o Wildlife Habitat (including movements and connections) o Agricultural Sustainability and Success (food security) o Aesthetics (scenic views) o Hazards (flooding, erosion, etc) o We’d also like to assess and incorporate some of the restoration ideas proposed by Commissioner Ostby which go beyond simple ‘protection’. We recognize that this should be done in balance with all Comp Plan goals, with the overall objective being to provide for the public good. The Comp Plan gives us a mandate to balance multiple goals: Affordable & Community Strong, Walkable, Green and Clean, and Opportunity- Oriented. We want to make sure we identify a problem or goal and then choose the best tool in our toolbox to assist. We are now ready to work through the goals to determine the best available tools for each, using the data sources, priorities and information gleaned in the last several months. Next Steps and Actions Fully examining natural resources was not originally intended to be part of the PUD project and was listed as a large project on the Commission’s long work plan. However, the Commission has agreed that it is critically important work that can and deserves time and effort. Leadership proposes to take the lead through the next few steps to be efficient and expedient while the end of IZ approaches and the PUD project remains very busy. We will include the Chair of the IZ Open Space Committee (Allan Strong or designee) and invite Jens Hilke from VT ANR and staff. To: South Burlington Planning Commission Members From: Jessica Louisos, Chair, Planning Commission Bernie Gagnon, Vice Chair, Planning Commission CC: Planning and Zoning Staff Date: May 10, 2019 Re: Next steps in Resource Planning 2 We’ll use information gathered to date to determine how to regulate resources based on the identified priorities, choosing the tools that support the goals in a predictable, fair, and useable way. All known data sets will be checked against each goal for inclusion or exclusion and each goal will be checked against each possible data set. As 1) forested areas and wildlife especially are not as easily field delineated and 2) some areas- eg City Center- may not be appropriate for the same forest block measures, for example, the solution may include or exclude some or all of the resource layers we’ve discussed to date, or perhaps even new ones. • We are seeking committee endorsement to allow us to begin work and return to the commission as soon as possible with a specific proposal that could include: o Draft language o Mapped overlay or district to capture the resources that don’t match directly with state or federal data sources (eg, forest blocks) o We hope to return to the Commission for the first July meeting SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 9 APRIL 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 9 April 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair (by phone for first part of meeting); B. Gagnon, Acting Chair for first part of meeting; A. Klugo, T. Riehle, D. MacDonald, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; D. Marshall, D. Kerwin, L. Nadeau, D. Seff, P. Truder 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the Agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby: Noted that the Affordable Housing Committee is focusing on Inclusionary Zoning. She asked that members serving on the Form Based Code Committee attend the regional workshop meeting (30 April, 6 p.m.) to provide input. Mr. Riehle: Attended the South Burlington Land Trust Annual Meeting. He noted presentations by the Nature Conservancy and the South Burlington Tracking Project (tracking different wildlife in various parts of the city). Mr. Conner’s staff report was presented to members in written form. 5. Review and discuss Commission feedback on Interim Zoning application #IZ-19-01, seeking approval from the City Council to subdivide a 2.0 acre lot with a single family home into four lots, each with single family homes, 1420 Hinesburg Road: Mr. Marshall said they are trying to understand the Planning Commission’s thinking. He noted that in the past, applications would go to the City Council with plans that were consistent with where Interim Zoning was going. They are now trying to understand the Commission’s different work items to see whether what the Kerwins want to do can be modified to be in line with that work or whether they should hold off or modify the application. 2 Mr. Marshall then provided a brief overview of the proposed project. He noted that the density is 4 units per acre with the potential for up to 8. He said that what they are proposing is consistent with most recent development patterns in the area. Ms. Ostby said her thinking was that this type of parcel may be have more opportunities for the owners because of new PUD concepts. Mr. Riehle agreed. He noted that just south of the Kerwin property there are 3 homes on a similar lot. He didn’t see any other rationale for preventing the Kerwin request other than the potential for more density. Mr. Marshall noted that the Kerwins wish to sell the existing home and utilize the development potential of the back area. He asked whether anything the Commission is working on would preclude this. Ms. Ostby noted there is no current PUD work looing at parcels of less than 4 acres, but that doesn’t take into account what Interim Zoning may come up with. Mr. Klugo said the pattern of development has been established, and this application is consistent with that pattern. He didn’t see why the Commission would hold it up. The Commission’s PUD work doesn’t change this kind of development. Ms. Truder, who lives on the west side of Highland Terrace, noted there is no city water out there, and every home would have to drill a well. Mr. Klugo said that would be a study for the developer to do. Mr. Kerwin said there isn’t room for 20 dwelling units on the west side of Highland Terrace. The second lot north of the Kerwin property has 3 houses on it, similar to what they want to do. The only other properties are immediately north and south of his, and they are smaller than his property. Mr. Kerwin noted that many years ago someone wanted to build 40 or 50 homes on the east side of the road but were not allowed to because of the water situation. Mr. Gagnon noted receipt of a letter from Mark Abrams expressing his concerns. It will be part of the minutes. 6. Review draft elements of Subdivision/PUD/Master Plan project: a. Review Planned Unit Development Chapter Outline b. Commissioner Q&A on definitions, functionality, and regulatory environment of natural resources under consideration to prepare for review of draft regulations at upcoming meeting: Mr. Conner noted that a section for Energy Efficiency has been added to the outline per request of Ms. Ostby at the last meeting. Further, following discussion with Ms. Louisos, members of the Energy Committee will attend the first meeting in May. Ms. Ostby said it would be good to have an understanding of composting which will be required in 2020. Mr. Conner said that the next meeting will focus on natural resources conservation. Staff has been drafting language for this. Ms. LaRose added that they want to be sure that when the Commission 3 discusses policy, they understand the date and have all the data they need. She also noted that the Regional Planning Commission is working on providing information on what other communities are doing. She felt the Commission can be provided with more information regarding best practices, what sort of wildlife habitat is attractive, etc. (Ms. Louisos arrived at this point in the meeting and assumed the Chair.) Ms. Louisos noted that the State is working on river corridors in 2019 and recommended using the 2019 data from the mapping. Mr. Conner encouraged members to look for things that are not covered but to keep in mind that the language is in a very early stage. Mr. Nadeau asked if this information will be on the website. Mr. Conner said the website crashed last week and is being corrected. This information will be there when things are back to normal. Mr. Gagnon noted that the consultants will be at the next meeting to help with the discussion. 7. Overall PUD/Master Plan/Subdivision project status report: Mr. Conner noted that street types, housing and building types, and open space types have been completed. Staff is working on underlying zoning and Form Based Code amendments. Mr. Conner also noted that staff is trying to schedule a joint meeting with the City Council and two Interim Zoning committees for a “here’s where we’re at” discussion and to identify any major policy changes. Mr. Mittag asked if there is reasonable confidence the schedule can be adhered to. Mr. Conner said for each component to get in place, it is ambitious, which is why staff is monitoring it. He also noted that the deadline can also be changed, if needed. 8. Staff Update on re-alignment of Underlying Zoning Districts: Mr. Conner reviewed the history. He showed the existing zoning map of the area and noted there are now 7 different zoning districts in that area. Staff is proposing the following districts: a. All land owned by the city would be designated as Parks/Recreation b. The C-1/R-12 district that was almost eliminated when Form Based Codes were created, would become C-1/R-15 c. The 3 single family houses would be put into the R-4 district to the north (Ms. Ostby felt they don’t feel like R-4. Mr. Conner said staff could look at something more transitional) d. The C-1 Airport district would remain as is. Regarding the 3 houses, Mr. Gagnon said he would like them to stay in a residential district as they are the gateway to a residential district and he didn’t want to see a big commercial use there. Mr. Klugo felt 4 it was a perfect area for 2 or 3-story apartments. Mr. Conner questioned whether the district immediately below that could also have some transitional residential. Mr. Klugo said that restricting residential use is counter to future use which will be more mixed use. Mr. Conner said mixed use is a consideration, but they should hold off on this until the new F-35 mapping is available. Mr. Conner then addressed the areas at Hinesburg Road/Kennedy Drive, Kimball Avenue/Kennedy Drive, and the C-2 districts at the end of Shelburne Road, behind City Hall, Patchen Road across from the landfill, and similar areas. Staff is proposing to zone these as Neighborhood Commercial districts. Mr. Klugo asked if Form Based Code elements would apply there. Ms. LaRose said possibly with building types. Mr. Gagnon said he liked what the Commission did on Shelburne Rd. with “nodes.” Mr. Klugo felt a TDR option would be great and might get something done with those parcels. Mr. Conner noted there is some multi-family housing nearby, and a noise generator would not be a good idea. Mr. Conner then addressed the property north of Old Farm Road. It is currently zoned C-1, Limited Retail. It is also surrounded by a number of different districts. Mr. Klugo felt the north side of Kimball Avenue should be a transitional area as different things are happening on each side of Kimball. Mr. Riehle felt the whole south side of Kimball should be Residential. Mr. MacDonald noted the corner will be commercial/residential mixed use. Ms. LaRose said a PUD does allow for a commercial component in the context of the residential around it. She didn’t think there will be a start up subdivision in this location. Ms. Ostby felt there is a need for land for businesses and wanted to leave the zoning as it is. She was OK if residential is a component of that. Mr. Conner stressed that today you can’t cross zoning lines. The purpose of a PUD is to create a well- though out neighborhood. Mr. Conner then addressed the Hill Farm property and one property south of that. They are now zoned Industrial-Open Space, but it is unknown where the IZ Open Space Committee will land regarding the property. Mr. Mittag said there is a wildlife corridor between the 2 properties. Mr. Conner noted there are 120 acres, so there could be multiple uses. If it is not all prioritized for conservation, there will have to be a zoning designation. Mr. Mittag felt the northeast corner could have dense housing and the rest be conservation. 9. City Council direction on short term Transfer of Development Rights Bylaw Amendments: Mr. Conner reviewed the history and noted the applicant has appealed the Environmental Court decision to the Vermont Supreme Court. The City Council would like to correct the regulations to match the enabling laws, and the City Attorney is working on that. It will eventually go to the IZ TDR Committee and will come to the Planning Commission in the future. Mr. Seff, resident and attorney for the neighbors who brought the case to the Superior Court, advised that the neighbors have filed a cross-appeal to the Supreme Court regarding elements of the TDR process that the Superior Court did not find illegal. He felt the City Council should hold off until the 5 Supreme Court has handed down its decision. Ms. Louisos said she would speak with the City Council Chair to relay this discussion held at this meeting. 10. Review and consider approval of Electric Vehicle Charging Station Grant Application: Mr. Conner noted this is the same application that was not funded in the last round of grants. Mr. Gagnon moved to approve the grant application as presented. Mr. Mittag seconded. Motion passed unanimously. 11. Minutes of 12 March 2019 Mr. Mittag clarified his comment regarding population to note that there are now 7 billion people worldwide today and that number is expected to be 9 billion by 2050. Mr. Gagnon moved to approve the Minutes of 12 March 2019 with the clarification. Mr. MacDonald seconded. Motion passed unanimously. 12. Other Business: There was no other business. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:41 p.m. ___________________________________ Clerk SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 23 APRIL 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 23 April 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon, T. Riehle, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; S. Murray, Consultant; E. Nosse-Leirer, CCRPC; D. Albrecht, CCRPC; Leo Nadeau, residents 1. Directions on emergency evacuation procedures from conference room: Ms. Louisos provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: No changes were made to the agenda. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby – Attended the Steering Committee meeting last night. She would like more information on stormwater compliance and wondered if there is anything the Commission should be looking at simultaneously. She also questioned whether there is some kind of grouping that could happen for small businesses. Mr. Conner’s staff report was submitted in written form. 5. Land Development Regulations: Review initial drafts of Subdivision Standards, Environmental Protection Standards, and River Corridor Standards: Ms. Louisos said the goal is to have something to pass onto other committees for their feedback. Mr. Conner asked if members are comfortable with how primary and secondary resources are treated differently. He noted that with secondary resources, there can be a building envelope that avoids the resource. Ms. Murray said a more basic questions is whether to define a protection strategy for each resource instead of using “primary” and “secondary” terminology. She noted that there can be different strategies for different resources. 2 Mr. Riehle noted that every natural area is not the same. He felt that a slope with nothing below it (i.e., a stream) could be built on because there is not impact. Ms. Murray said that 90% of the communities she works with limit development on slopes because they are not stable without a lot of engineering. Some communities allow encroachment of a driveway and some require an engineering study as well as a hydraulic study. Ms. Nosse-Leirer said there are lingering broad questions but these are the usual standards for this kind of resource. Members viewed a map indicating slopes of 25% or more. Ms. Louisos noted that not all of them are near streams. Mr. Gagnon said it seems that steeper slopes have very little applicability to South Burlington so he had no issue precluding development there. He suggested setting an upper limit of 20- 25%, then have restrictions at 15-20% and allow anything below 15%. Ms. Ostby suggested just prohibiting anything at 20% or more. Mr. Riehle said he would opt for a study if there is no impact below. Mr. Conner asked if there would be any exceptions. Ms. Murray said road connections are often exceptions to maintain connectivity as well as utility crossings. The exception language also includes how these are designed. Mr. Gagnon asked about bike/rec paths and noted there are some steep portions of the city’s bike paths. Ms. Murray said there might be exceptions for these as well as for ski trails, etc. Ms. Murray noted some of the proposed language where she felt “may” should read “shall.” Regarding stream/surface waters, Mr. Gagnon said regulations should be consistent with the state regulations. Mr. Conner cautioned against use of the word “or” which might make it seem like the applicant has a choice. Members agreed that buffers should be measured from the highest point. Ms. Louisos asked about “drainageways.” Ms. Murray noted they are sometimes referred to as “intermittent streams.” Mr. Conner added that good site design can make an improvement to a drainageway. Ms. Louisos did not feel a roadside ditch should be a natural resource and these should come out of the regulations. Mr. Conner stressed that if everything becomes a buffer, it is difficult to meet other goals. Ms. Ostby felt that any naturally occurring water will have a natural environment around it and should have a setback. Ms. Murray said that in very densely developed areas, it may be difficult to conserve every one. 3 Ms. Louisos did not consider a ditch to be a stream, and she wasn’t sure the Commission should include all intermittent waterways in the regulations. Mr. Gagnon agreed that something that flows once a year when there is snow melt shouldn’t require a buffer. Ms. Murray said that some communities use the qualification of a “clearly defined channel.” Ms. Louisos suggested language such as “a naturally occurring intermittent stream with a clearly defined channel,” not to include a drainageway. Ms. Nosse-Leirer said that the current setback from Lake Champlain could be better served by using the State standards. Mr. Gagnon asked how the current regulations are working. Mr. Conner said the current setback is 150 feet. The State is more restrictive but has exceptions. Mr. Conner said the 50-foot setback hasn’t gotten a lot of feedback, but the 10-foot has evoked some concerns. He stressed the desire to have a cohesive stormwater plan for a property. Mr. Conner also noted that hydro-electric power generation is exempt from the standards if it is connected to the grid. Mr. Riehle asked who regulates if someone mows where they shouldn’t, and what is the penalty? Mr. Conner said it is a zoning violation under the Zoning Administrator. Ms. Murray said some communities involve their Arborist. Mr. Conner did not know what the city Arborist’s work load is. Mr. Mittag asked to add to “general standards” language regarding climate change mitigation. Mr. Conner suggested adding rec paths to #G in this section. Regarding water course alteration, Ms. Nosse-Leirer said the language proposed is not new; it has just been moved from its present location. Mr. Albrecht said the main reason for river corridor standards is economic. In the case of a disaster, the city gets an extra bonus if there are river corridor standards. He noted that the State is also moving toward river corridor adoption to continue to get the extra money. This is called “a hazard overlay district.” Mr. Conner showed a map indicating the river corridor and the floor plain. He said it would be helpful to have a single set of standards to review. Mr. Gagnon suggested saying that the more stringent regulations apply. Mr. Albrecht said they might also say if you’re within the map’s definition, you are in it. Ms. Louisos noted that currently buildings can be built in a river corridor where there is already building. She would allow no new buildings. She said this doesn’t apply to may places in the city. Mr. Conner suggested staff work with Mr. Albrecht to see how many buildings there are. Regarding river course alteration, Mr. Mittag suggested that on p. 19, the DRB be “required” to invoke technical review. Ms. Louisos said that if a stream alteration permit has been acquired, it should not require technical review. 4 Regarding wetland protection standards, Mr. Mittag felt the wetland report should be gotten as early as possible. Mr. Conner noted it is required for the next step after sketch plan review. He suggested removing the word “initial.” Mr. Conner noted that under today’s regulation, you can put a lot line through a wetland. He said Ms. Murray advises against this. Mr. Mittag said the Comprehensive Plan said there should be no building in class I and class II wetlands. Mr. Conner said the LDRs allow it if the applicant can get a State Wetland Permit. He added there wouldn’t be a City Center if there was no building in a wetland as that area is all wetland. Mr. Gagnon asked if allowing what the State allows reasonable. Mr. Louisos said the city can still regulate that. Mr. Conner noted that a 50-foot buffer is not required for a Class 3 wetland, but this creates a conflict with the desire for neighborhood connectivity. Re: stormwater management, Ms. Louisos noted that the City’s standards are stricter than the State standards. Regarding rare/threatened/endangered species: Ms. Ostby said there should be a requirement to consult with a qualified environmental specialist. Mr. Conner then briefly reviewed the maps from the on-line mapping tool. These were distributed to members for their review. 6. Meeting Minutes of 9 April 2019: Mr. Gagnon moved to approve the Minutes of 9 April 2019 as written. Mr. Mittag seconded. Motion passed 5-0. 7. Other Business: Members agreed that the next meeting will be 14 May. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:35 p.m. ___________________________________ Clerk TO: Paul Conner, Director of Planning and Zoning, South Burlington Jessica Louisos, Chair, South Burlington Planning Commission Dana Hanley, Director, Community Development, Essex Town Dustin Bruso, Chair, Town of Essex Planning Commission Matt Boulanger, Director of Planning and Zoning, Williston Jake Mathon, Chair, Williston Planning Commission Charlie Baker, Executive Director, Chittenden County Regional Planning Commission Faith Ingulsrud, Planning Coordinator, VT Department of Housing and Community Development From: Robin Pierce, Village of Essex Junction, Community Development Director Date: April 22, 2019 Re: Adoption of the 2019 Village of Essex Junction Comprehensive Plan and the Essex Community Enhanced Energy Plan Please find the proposed 2019 Village of Essex Junction Comprehensive Plan, the planning commission report, and the Essex Community Enhanced Energy Plan at the following link: https://www.essexjunction.org/departments/planning/compplan/ The Village of Essex Junction will hold a public hearing on the proposed plans on Thursday, May 23, 2019 at 6 pm at 2 Lincoln Street, Essex Junction. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on May 21, 2019. Thank you. CC: David Nistico, Chair John Alden, Vice Chair Diane Clemens Andrew Boutin Amber Thibeault Steven Shaw 2 Lincoln Street Essex Junction, VT 05452-3154 www.essexjunction.org P: 802.878.6950 F: 802.878.6946 E: PC@essexjunction.org PUBLIC HEARING NOTICE 2019 update of the Village of Essex Junction Comprehensive Plan Adoption of the proposed Essex Community Enhanced Energy Plan Pursuant to 24 V.S.A. §4384, 4387 and §4432, notice is hereby given of a public hearing by the Essex Junction Planning Commission to hear comments on proposed amendments to and re- adoption of the Village of Essex Junction’s Comprehensive Plan. Pursuant to 24 V.S.A. § 4302(c)(7), notice is hereby given of a public hearing by the Essex Junction Planning Commission to hear comments on the proposed Essex Community Enhanced Energy Plan. The public hearing will take place on Thursday, May 23, 2019 at 6:00 pm at 2 Lincoln Street, Essex Junction. Statement of Purpose 2019 Comprehensive Plan The Village of Essex Junction’s Comprehensive Plan is an official public document adopted by the local government to guide decisions about the physical development or redevelopment of the community. The comprehensive plan outlines how the Village wishes to develop in the next eight years. The plan intends to manage growth and represents the community’s goals and aspirations for the future and provides justifications for avoiding or preventing certain outcomes and to accommodate what the community expects to happen. Therefore, the Plan is the foundation for additional plans, zoning regulation changes, and a basis for public and private investment need to achieve the goals of the community. The Plan also incorporates the Essex Community Enhanced Energy plan by reference. The purpose of the 2019 update is to refresh maps and data tables with current information related to demographics, housing, economic development, natural resources, and transportation; and ensure that it references other relevant plans and projects. These include the Design Five Corners study, the draft Town of Essex and Village of Essex Junction Housing Needs Assessment and Action Plan, the 2015 Town of Essex and Village of Essex Junction Bicycle Pedestrian Plan, the draft 2019 Parking Study, and Green Mountain Transit’s NextGEN Plan. Additionally, the 2019 proposed plan is brought into full compliance with state flood resilience, neighborhood development area designation and forest integrity requirements. Essex Community Enhanced Energy Plan The proposed Energy Plan is a vision for the Essex Community to advance the State of Vermont’s Comprehensive Energy Plan and to align energy planning with local land use policies. This plan will be considered for adoption by Essex Junction during the hearing process for the 2019 Comprehensive Plan and will be incorporated by reference in the 2019 Essex Junction Comprehensive Plan. This plan was developed according to the Department of Public Service’s energy planning standards for municipal plans. When this plan is given a determination of energy compliance from the Chittenden County Regional Planning Commission it will have substantial deference in the Public Utility Commission’s (PUC) review of whether an energy project meets the orderly development criterion in the Section 248 process. The Energy Plan is consistent with all policies of the 2019 Comprehensive Plan, as discussed in the planning commission report. Geographic Areas Affected The proposed 2019 Comprehensive Plan is applicable to all areas within the Village. The proposed Essex Community Enhanced Energy Plan is applicable to all areas within the Village. Sections Affected The 2019 update is a comprehensive update of all sections of the plan. The update refreshes content to some degree in all chapters, appendices, maps, and references. The energy section is replaced by the proposed energy plan and references it accordingly. Table of Contents Chapter 1. General Planning Background Chapter 2. Community Vision and Strategies Chapter 3. History with an Eye Toward the Future Chapter 4. Comprehensive Plan Elements Chapter 5. Implementation Appendix A -Historic Sites Appendix B - Underground Storage Tanks in Essex Junction Appendix C -Maps Appendix D-Essex Community Enhanced Energy Plan The full text of the proposed 2019 Comprehensive Plan, the proposed Essex Community Enhanced Energy Plan, and the planning commission report is available for review at the Village Office at 2 Lincoln Street, Essex Junction Monday through Friday 8:00 a.m. to 4:30 p.m. or on the Village’s website at https://www.essexjunction.org/departments/planning/compplan/. 1 Planning Commission Report Proposed 2019 Village of Essex Junction Comprehensive Plan Essex Community Enhanced Energy Plan This report is submitted in accordance with the provisions of 24 V.S.A.§4384(c): Consistency Statement The proposed 2019 Essex Junction Comprehensive Plan is fully consistent with the goals established in 24 V.S.A §4302, as detailed in this report. 2019 Comprehensive Plan The Village of Essex Junction’s Comprehensive Plan is an official public document adopted by the local government to guide decisions about the physical development or redevelopment of the community. The comprehensive plan outlines how the Village wishes to develop in the next eight years. The plan intends to manage growth and represents the community’s goals and aspirations for the future and provides justifications for avoiding or preventing certain outcomes and to accommodate what the community expects to happen. Therefore, the plan is the foundation for additional plans, zoning regulation changes, and a basis for public and private investment need to achieve the goals of the community. The proposed Comprehensive Plan is updated and adopted in accordance with 24 V.S.A. 4302 (Chapter 117). The following sections includes a checklist and a discussion on how the Comprehensive Plan addresses the goals established in 24 V.S.A. 4382 (Chapter 117). Essex Community Enhanced Energy Plan The proposed Energy Plan is a vision for the Essex Community to advance the State of Vermont’s Comprehensive Energy Plan and to align energy planning with local land use policies. This plan is incorporated by reference in the proposed 2019 Essex Junction Comprehensive Plan. When this plan is given a determination of energy compliance from the Chittenden County Regional Planning Commission it will have substantial deference in the Public Utility Commission’s (PUC) review of whether an energy project meets the orderly development criterion in the Section 248 process, further advancing the Village’s land use policies. The proposed Enhanced Energy Plan is developed in accordance to the Vermont Department of Public Service’s Energy Planning Standards for Municipal Plans and in accordance with 24 V.S.A. § 4302(c)(7). As discussed in the following section the proposed Energy Plan is consistent with all policies in the proposed 2019 Comprehensive Plan. 2 This form addresses the statutory requirements of the State of Vermont for town plans, as cited in the Vermont Municipal and Regional Planning and Development Act, Title 24 V.S.A Chapter 117 (the Act). It includes the 12 required elements found in § 4382 of the Act; the four planning process goals found in § 4302(b), the 14 specific goals found in § 4302(c); and the standard of review found in § 4302(f), which covers consistency with goals and compatibility standards. Required Elements § 4382 Met Not Met 1 Statement of Objectives, Policies, Programs ☒ ☐ 2 Land Use Plan ☒ ☐ 3 Transportation Plan ☒ ☐ 4 Utility and Facility Plan ☒ ☐ 5 Rare Natural Resources/Historic Resources ☒ ☐ 6 Educational Facilities Plan ☒ ☐ 7 Implementation Program ☒ ☐ 8 Development Trends ☒ ☐ 9 Energy Plan ☒ ☐ 10 Housing Element ☒ ☐ 11 Economic Development Element ☒ ☐ 12 Flood Resiliency Plan ☒ ☐ State Planning Goals § 4302 Met Not Met 1 Development Pattern ☒ ☐ 2 Economy ☒ ☐ 3 Education ☒ ☐ 4 Transportation ☒ ☐ 5 Natural and Historic Resources ☒ ☐ 6 Quality of Resources ☒ ☐ 7 Energy ☒ ☐ 8 Recreation ☒ ☐ 9 Agriculture and Forest Industries ☒ ☐ 10 Use of Resources ☒ ☐ 11 Housing ☒ ☐ 12 Public Facilities ☒ ☐ 13 Child Care ☒ ☐ 14 Flood Resiliency ☒ ☐ 3 TOWN PLAN REQUIRED ELEMENTS Title 24 Chapter 117: Municipal and Regional Planning and Development 24 V.S.A. § 4382. The plan for a municipality (a) A plan for a municipality may be consistent with the goals established in section 4302 of this title and compatible with approved plans of other municipalities in the region and with the regional plan and shall include the following: (1) A statement of objectives, policies and programs of the municipality to guide the future growth and development of land, public services and facilities, and to protect the environment. Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goals (a) and (1). (2) A land use plan, consisting of a map and statement of present and prospective land uses, that indicates those areas proposed for forests, recreation, agriculture (using the agricultural lands identification process established in 6 V.S.A. § 8), residence, commerce, industry, public and semi-public uses and open spaces, areas reserved reserved for flood plain, and areas identified by the State, the regional planning commission, or the municipality that require special consideration for aquifer protection; for wetland protection, for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or for other conservation purposes; sets forth the present and prospective location, amount, intensity and character of such land uses and the appropriate timing or sequence of land development activities in relation to the provision of necessary community facilities and service; identifies those areas, if any, proposed for designation under chapter 76A of this title, together with, for each area proposed for designation, an explanation of how the designation would further the plan’s goals and the goals of § 4302 of this title, and how the area meets the requirements for the type of designation to be sought; and indicates those areas that are important as forest blocks and habitat connectors and plans for land development in those areas to minimize forest fragmentation and promote the health, viability, and ecological function of forests. Met Pages: Chapter 1 Section 5, Chapter 2, and the goals and objectives of each section in Chapter 4 Met Pages: Chapter 4 Sections 2,4- 6,8,11 MAPS 1,9,10,11 Hazard Areas Present Land Use Plan √ Prospective Land Use Plan ☒ 4 Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (2). (3) A transportation plan, consisting of a map and statement of present and prospective transportation and circulation facilities showing existing and proposed highways and streets by type and character of improvement, and where pertinent, parking facilities, transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads and port facilities, and other similar facilities or uses, with indications of priority of need; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (3). (4) A utility and facility plan, consisting of a map and statement of present and prospective community facilities and public utilities showing existing and proposed educational, recreational and other public sites, buildings and facilities, including hospitals, libraries, power generating plants and transmission lines, water supply, sewage disposal, refuse disposal, storm drainage and other similar facilities and activities, and recommendations to meet future needs for community facilities and services, with indications of priority of need, costs and method of financing; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (4). (5) A statement of policies on the preservation of rare and irreplaceable natural areas, scenic and historic features and resources; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (5). Met Pages: Chapter 4 Section 10 MAP 4,6 Transportation ☒ Met Pages: Chapter 4 Sections 1,4,7,8 MAP5,7,8 Utility and Facility ☒ Met Pages: Chapter 4 Sections 4 and 5 5 (6) An educational facilities plan consisting of a map and statement of present and projected uses and the local public school system; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (6). (7) A recommended program for the implementation of the objectives of the development plan; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (7). (8) A statement indicating how the plan relates to development trends and plans of adjacent municipalities, areas and the region developed under this title; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (8). (9) An energy plan, including an analysis of energy resources, needs, scarcities, costs and problems within the municipality, a statement of policy on the conservation of energy, including programs, such as thermal integrity standards for buildings, to implement that policy, a statement of policy on the development of renewable energy resources, a statement of policy on patterns and densities of land use likely to result in conservation of energy; Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan, incorporated by reference, is consistent with the goal (9). Met Pages: Chapter 4, Section 7 MAP Educational Facility ☒ Met Pages: Chapter 5, Implementation Schedule Met Pages: Chapter 1 Section 5, Chapter 3 Section 3-4, Chapter 4 9,11 Met Pages: Essex Community Enhanced Energy Plan 6 (10) A housing element that shall include a recommended program for addressing low and moderate income persons' housing needs as identified by the regional planning commission pursuant to subdivision 4348a(a)(9) of this title. The program should account for permitted accessory dwelling units, as defined in subdivision 4412(1)(E) of this title, which provide affordable housing. Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (10). (11) An economic development element that describes present economic conditions and the location, type, and scale of desired economic development, and identifies policies, projects, and programs necessary to foster economic growth. Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (11). (12)(A) A flood resilience plan that: (i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property; and (ii) recommends policies and strategies to protect the areas identified and designated under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety, critical infrastructure, historic structures, and municipal investments. (B) A flood resilience plan may reference an existing local hazard mitigation plan approved under 44 C.F.R. § 201.6. Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with the goal (12). Met Pages: Chapter 4, Section 9 Met Pages: Chapter 4, Section 3 Met Pages: Chapter 4 Section 6 7 §4382(c) Data: Where appropriate, and to further the purposes of subsection 4302(b) of this title, a municipal plan shall be based upon inventories, studies, and analyses of current trends and shall consider the probable social and economic consequences of the proposed plan. Such studies may consider or contain, but not be limited to: (1) population characteristics and distribution, including income and employment; (2) the existing and projected housing needs by amount, type, and location for all economic groups within the municipality and the region; (3) existing and estimated patterns and rates of growth in the various land use classifications, and desired patterns and rates of growth in terms of the community's ability to finance and provide public facilities and services. Comments: The proposed 2019 Village of Essex Junction Comprehensive Plan is consistent with goals 1-3. Met Pages: Chapter 3, Chapter 4 Section 9,11 8 GOALS AND STANDARDS OF REVIEW GOALS 24 VSA § 4302 (a) General purposes . . . (b) It is also the intent of the legislature that municipalities, regional planning commissions and state agencies shall engage in a continuing planning process that will further the following goals: (1) To establish a coordinated, comprehensive planning process and policy framework to guide decisions by municipalities, regional planning commissions, and state agencies. (2) To encourage citizen participation at all levels of the planning process, and to assure that decisions shall be made at the most local level possible commensurate with their impact. (3) To consider the use of resources and the consequences of growth and development for the region and the state, as well as the community in which it takes place. (4) To encourage and assist municipalities to work creatively together to develop and implement plans. (c) In addition, this chapter shall be used to further the following specific goals: Goal 1: To plan development so as to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside. (A) Intensive residential development should be encouraged primarily in areas related to community centers, and strip development along highways should be discouraged. (B) Economic growth should be encouraged in locally designated growth areas, or employed to revitalize existing village and urban centers, or both. (C) Public investments, including construction or expansion of infrastructure, should reinforce the general character and planned growth patterns of the area. Consistent Pages: Chapter 4, Section 11 9 How has the Town Plan addressed this goal: The proposed Plan includes a discussion of the village center designation and the neighborhood development area. The village center is an area where economic growth is encouraged through zoning and other mechanisms such as the economic development component of the village budget intended to encourage private investment in the Village through outreach and education. Additionally, the implementation of the Design Five Corners study continues to bring vibrancy and economic growth to the Village as the area is more walkable and becomes a destination. The Village also has invested and upgraded their waste water facility and continues to invest in capital projects like sidewalk and streetscaping. Goal 2: To provide a strong and diverse economy that provides satisfying and rewarding job opportunities and that maintains high environmental standards, and to expand economic opportunities in areas with high unemployment or low per capita incomes. How has the Town Plan addressed this goal: The Village supports and encourages a favorable business environment. The Plan includes an economic development section which discusses the need to diversify Innovation Park to attract employers from multiple business sectors The Village is engaged with existing businesses (Global Foundries and the Champlain Valley Expo) to maintain Essex Junction as a strong employment center for the region. The Village is also home to Excelerate Essex and incubator space for hi-tech startups. The Village Plan identifies its commitment to educate business on transit opportunities, recycling/composting, and energy efficiency programs to ensure that the businesses have the tools they need to be stewards of the environment. Goal 3: To broaden access to educational and vocational training opportunities sufficient to ensure the full realization of the abilities of all Vermonters. How has the Town Plan addressed this goal: The Village is fortunate to be home to the Center for Technology (CTE). An example of the Village’s partnership with CTE is work the Village is doing with CTE to develop a nursery to raise street trees for the Village. Goal 4: Consistent Pages: Chapter 4, Section 3 Consistent Pages: Chapter 4 Section 7 10 To provide for safe, convenient, economic and energy efficient transportation systems that respect the integrity of the natural environment, including public transit options and paths for pedestrians and bicyclers. (A) Highways, air, rail and other means of transportation should be mutually supportive, balanced and integrated. How has the Town Plan addressed this goal: The proposed Comprehensive Plan transportation section demonstrates the Village’s commitment to a coordinated planning effort that is multi-modal and is respectful of natural resources. The Village’s transportation network includes bicycle lanes, bus transit, rail, sidewalks, and plans to improve Five Corners. The Village is continuing to collaborate with regional agencies, consultants, and local committees to ensure that the residents, visitors, and employees have their travel needs met in safe, economic, convenient, and energy efficient way. The Five Corners Study, the parking study, and 2015 Bicycle Pedestrian Plan, and GMT’s NextGEN plan are all exemplary efforts of the Village’s process to further this goal. Goals related to transportation in the Energy Plan support the Town Plan’s efforts in this regard. Goal 5: To identify, protect and preserve important natural and historic features of the Vermont landscape including: (A) significant natural and fragile areas; (B) outstanding water resources, including lakes, rivers, aquifers, shorelands and wetlands; (C) significant scenic roads, waterways and views; (D) important historic structures, sites, or districts, archaeological sites and archaeologically sensitive areas How has the Town Plan addressed this goal: The natural resources section discusses areas in the Village that are important for wildlife habitat/connectivity, wetlands, and scenic views. Moreover, the plan discusses the vital role of surface water and watershed planning to maintain and improve water quality. The two waterways passing through the Village, Indian Brook and Sunderland Brook, serve as habitat for fish and wildlife, as natural flood control features, and as an attractive scenic feature. The plan outlines numerous objectives for Consistent Pages: Chapter 4, Section 10 Consistent Pages: Chapter 3 Section 1-2,Chapter 4, Section 4-6 11 continuing to protect important natural features. Chapter 3 includes an inventory of historic sites that exist within the Village. Goals related to constraints on renewable energy facilities in the Energy Plan support the Town Plan’s efforts in this regard. Goal 6: To maintain and improve the quality of air, water, wildlife, forests and other land resources. How has the Town Plan addressed this goal: The natural resources section explains air quality in terms of the National Ambient Air Quality Standards (NAAQS) and through a discussion on climate change. Many of the multi-modal transportation improvements and compact development actions in the Village will maintain and improve air quality. Water, wildlife, and forests are also discussed in the natural resources section and numerous goals stating the importance of preserved these resources are indicated. Given the urban nature of the Village, the Village is proactive in their land development code with the enforcement of stormwater treatment to protect water quality. Goals related to constraints on renewable energy facilities in the Energy Plan support the Town Plan’s efforts in this regard. Goal 7: To encourage the efficient use of energy and the development of renewable energy resources. How has the Town Plan addressed this goal: The Village developed an enhanced energy plan which discusses the foundation for advancing the State’s energy goals of development more renewable energy, using less energy, and reducing fossil fuels/carbon emissions. The energy plan identifies numerous opportunities for implementation and maps potential areas for solar generation. Goal 8: To maintain and enhance recreational opportunities for Vermont residents and visitors. (A) Growth should not significantly diminish the value and availability of outdoor recreational activities. (B) Public access to noncommercial outdoor recreational opportunities, such as lakes and hiking trails, should be identified, provided, and protected wherever appropriate. Consistent Pages: Chapter 4, Section 5- 6 Consistent Pages: Chapter 4, Section 1, Essex Community Enhanced Energy Plan Consistent Pages: Chapter 4, Section 4 12 How has the Town Plan addressed this goal: The plan discusses the facilities and programs of the Essex Junction Parks and Recreation Department. Goal 9: To encourage and strengthen agricultural and forest industries. (A) Strategies to protect long-term viability of agricultural and forestlands should be encouraged and should include maintaining low overall density. (B) The manufacture and marketing of value added agricultural and forest products should be encouraged. (C) The use of locally-grown food products should be encouraged. (D) Sound forest and agricultural management practices should be encouraged. (E) Public investment should be planned so as to minimize development pressure on agricultural and forest land. How has the Town Plan addressed this goal: Agricultural is discussed in the agriculture and community forestry section. Agriculture is a part of the Village evidenced by the Whitcomb Farm and the community gardens. The Whitcomb Farm provides many valuable resources to the Village, including productive agricultural land and has been protected from development in perpetuity. The Whitcomb Farm also promotes agriculture education, open space, recreation and wildlife habitat. Although the Essex Junction farmer’s market ended, the Village will work to reestablish it to market agricultural products and to encourage the use of locally grown food. The natural resources section calls for promotion of vegetative landscaping and protection of forests. Goal 10: To provide for the wise and efficient use of Vermont's natural resources and to facilitate the appropriate extraction of earth resources and the proper restoration and preservation of the aesthetic qualities of the area. Consistent Pages: Chapter 4, Section 2, 5 Consistent Pages: Chapter 4, Section 5 13 If the goal is not relevant or attainable, how does the plan address why: There are no sand and gravel operations or resources in the Village. Goal 11: To ensure the availability of safe and affordable housing for all Vermonters. (A) Housing should be encouraged to meet the needs of a diversity of social and income groups in each Vermont community, particularly for those citizens of low and moderate income. (B) New and rehabilitated housing should be safe, sanitary, located conveniently to employment and commercial centers, and coordinated with the provision of necessary public facilities and utilities. (C) Sites for multi-family and manufactured housing should readily available in locations similar to those generally used for single-family conventional dwellings. (D) Accessory apartments within or attached to single family residences which provide affordable housing in close proximity to cost-effective care and supervision for relatives or disabled or elderly persons should be allowed. How has the Town Plan addressed this goal: The housing sections summarizes the findings of the Town of Essex and Essex Junction Housing Needs Assessment which describes the need for housing for all income types. Additionally, the Village has and will continue to see multi-family development as allowed by zoning to meet the needs of an aging population, smaller families, and young professionals. The Village identifies strategies for increasing the safety of housing code. A variety of housing types is allowed where residential uses are permitted in the Village. Goals related to efficiency of housing in the Energy Plan support the Town Plan’s efforts in this regard. Goal 12: To plan for, finance and provide an efficient system of public facilities and services to meet future needs. (A) Public facilities and services should include fire and police protection, emergency medical services, schools, water supply and sewage and solid waste disposal. (B) The rate of growth should not exceed the ability of the community and the area to provide facilities and services. Consistent Pages: Chapter 4, Section 9 Consistent Pages: Chapter 4, Section 8 14 How has the Town Plan addressed this goal: The utilities/facilities section identifies and discusses the means for providing current and future residents water, stormwater management, wastewater treatment, energy, waste disposal, telecommunications, library, fire, police, and rescue services. The Village accomplishes this through village services and with private providers. Goal 13: To ensure the availability of safe and affordable child care and to integrate child care issues into the planning process, including child care financing, infrastructure, business assistance for child care providers, and child care work force development. How has the Town Plan addressed this goal: The childcare and education section discusses current capacity for child care and allows childcare facilities and home daycares in all zoning districts that permit schools and homes. Goal 14: To encourage flood resilient communities. (A) New development in identified flood hazard, fluvial erosion, and river corridor protection areas should be avoided. If new development is to be built in such areas, it should not exacerbate flooding and fluvial erosion. (B) The protection and restoration of floodplains and upland forested areas that attenuate and moderate flooding and fluvial erosion should be encouraged. (C) Flood emergency preparedness and response planning should be encouraged. How has the Town Plan addressed this goal: The natural hazards resiliency section identifies flood hazards, the river corridor, and incorporates by reference the All Hazards Mitigation Plan. The sections also provide the foundation for the Village to consider strategies for mitigating property and infrastructure damage from floods and erosion hazards, as well as strategies to minimize flooding and erosion. Consistent Pages: Chapter 4, Section 7 Consistent Pages: Chapter 4, Section 6 15 16 STANDARD OF REVIEW 24 V.S.A. § 4302(f) (1) As used in this chapter, "consistent with the goals" requires substantial progress toward attainment of the goals established in this section, unless the planning body determines that a particular goal is not relevant or attainable. If such a determination is made, the planning body shall identify the goal in the plan and describe the situation, explain why the goal is not relevant or attainable, and indicate what measures should be taken to mitigate any adverse effects of not making substantial progress toward that goal. The determination of relevance or attainability shall be subject to review as part of a consistency determination under this chapter. (2) As used in this chapter, for one plan to be "compatible with" another, the plan in question, as implemented, will not significantly reduce the desired effect of the implementation of the other plan. If a plan, as implemented, will significantly reduce the desired effect of the other plan, the plan may be considered compatible if it includes the following: (A) a statement that identifies the ways that it will significantly reduce the desired effect of the other plan; (B) an explanation of why any incompatible portion of the plan in question is essential to the desired effect of the plan as a whole; (C) an explanation of why, with respect to any incompatible portion of the plan in question, there is no reasonable alternative way to achieve the desired effect of the plan, and (D) an explanation of how any incompatible portion of the plan in question has been structured to mitigate its detrimental effects on the implementation of the other plan. Details of CCRPC’s review process can be found in “Guidelines and Standards for Confirmation of Municipal Planning Processes, Approval of Municipal Plans and Granting Determinations of Energy Compliance,” as amended on September 19, 2018. Town of Shelburne, Vermont CHARTERED 1763 P.O. BOX 88 5420 SHELBURNE ROAD SHELBURNE, VT 05482 Clerk/Treasurer Town Manager Zoning & Planning Assessor Recreation FAX Number (802) 985-5116 (802) 985-5110 (802) 985-5118 (802) 985-5115 (802) 985-9551 (802) 985-9550 INVITATION TO COMMENT ON ZONING AMENDMENTS TO: DISTRIBUTION LIST FR: SHELBURNE PLANNING COMMISSION VIA DEAN PIERCE, DIR OF PLANNING RE: ZONING BYLAW AMENDMENT DA: APRIL 29, 2019 On Thursday, May 23, 2019, the Shelburne Planning Commission will hold a public hearing on a proposed amendment of Shelburne’s Zoning Bylaw. The extent of the proposed changes is detailed in the attached memorandum. The hearing will begin at 7:00 p.m., or shortly thereafter, and take place in the Shelburne Municipal Complex Meeting Room 1. Those who plan to speak at the hearing are encouraged to also submit a written version of their comments. It is not necessary to appear at the hearing to offer comments. Written comments should be submitted to Dean Pierce, AICP, Director of Planning and Zoning, 5420 Shelburne Road, PO Box 88, Shelburne, VT 05482. Electronic submissions are encouraged. Please direct email to dpierce@shelburnevt.org. MEMORANDUM TO: RECIPIENTS FR: DEAN PIERCE, ON BEHALF OF PLANNING COMMISSION RE: HEARING ON PROPOSAL TO AMEND ZONING BYLAWS DA: APRIL 29, 2018 BACKGROUND At its April 25 meeting, and at meetings prior, the Shelburne Planning Commission discussed a possible amendment to the Town’s zoning bylaws. At the conclusion of its discussion, the Planning Commission voted to warn a Public Hearing on the proposed changes and to conduct that hearing on Thursday, May 23, 2019. In addition, Staff was directed to distribute the proposed amendment and a “zoning change report” as required by statute. This memo and other materials were prepared in response to that directive. PROPOSED MODIFICATIONS The Planning Commission proposal would simplify review procedures applicable to accessory apartments. More specifically, accessory apartments of one or two bedrooms would be treated in the same manner and as permitted uses. Currently, two bedroom apartments are subject to Conditional Use review, whereas one bedroom apartments are treated as permitted uses and thus are allowed administratively. The proposal also modifies the definition of accessory apartment to include an absolute cap on size. The Planning Commission has developed the change in response to recommendations offered by the Planning Commission’s housing subcommittee. The Commission believes the proposed changes address the issues expressed by the property owners and a substantial aspect of the subcommittee’s recommendations while also reflecting the policy input and prerogatives of the Commission. A list of the sections modified by the proposal is presented below. Article Section II Table 2 III 310.4 and 320.3 IV 410.3 and 420.3 VI 610.3 and 620.2 VII 710.3 and 720.1 VIII 810.4 and 820.3 IX 910.3 and 920.3 X 1010.4 and 1020.4 XII 1210.2 XIII 1310.3 XXI 2110.1 The text of the language to be the subject of the hearing is presented in the documents attached. Language to be added to the bylaw is shown in color with underscore. Language to be deleted is shown in color with strikethrough (strikethrough). Highlights are an artifact and are not part of any proposal to change the bylaw. ZONING CHANGE REPORT A report prepared in accordance with 24 V.S.A. §4441(c) is also attached. This report describes how the proposal “Conforms with or furthers the goals and policies contained in the municipal plan…” and “Is compatible with the proposed future land uses and densities of the municipal plan.” Changes to Table of Permitted and Conditional Uses [Excerpt] TABLE 1 TABLE OF PERMITTED (P) AND CONDITIONAL (C) USES RUR RES V-RES MUS V-CENT SF-MIX MIX COMM COMM- S CONS RESIDENTIAL Single-Family P P P P P P P P(1) P(3) Two-Family P P P P P P P Conversion to Two-Family C C C C C Multiple-Family C P C P Mobile Home Park C C C C First Farm Labor dwelling P Second Farm Labor dwelling C Accessory Apartments (one and two bedroom) P P P P P P P P P Accessory Apartments (two bedroom) C C C C C C C C [table continues with Lodging uses] … (1) If existing prior to January 1, 1994. (2) If existing as of March 17, 2009 (3) If existing as of March 17, 2009 or where allowed by easement. SHELBURNE ZONING BYLAW ARTICLE III (RUR) ARTICLE III: RURAL DISTRICT 300 Purpose. The purpose of this district is to maintain and enhance open spaces, and to protect agricultural lands, soil, water and other scenic and natural resources. Development in this area shall be limited and must be designed to meet these goals. Land in this district will not be served by public sewer. 300.1 For the purposes of this Article, an agricultural structure existing on the effective date of these regulations shall be defined as an agricultural structure that existed prior to March 17, 2009, which was destroyed by fire or natural disaster, provided that: A. The structure was rebuilt within seven years of the date of destruction, and B. The structure was used for agricultural uses for at least three years after being rebuilt. 310 Permitted Uses. 310.1 Single-family dwellings. 310.2 Two-family dwellings. 310.3 One single-family dwelling per farm for on-site full-time agricultural employees, provided that the dwelling could be developed on a separate lot which meets the district standards. 310.4 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 320 Conditional Uses. 320.1 Conversion of a single-family structure built prior to June 1, 1981, to a two-family dwelling. 320.2 A second single-family dwelling per farm for on-site full-time agricultural employees, provided that the dwelling could be developed on a separate lot that meets the district standards. Page III- 1 SHELBURNE ZONING BYLAW ARTICLE III (RUR) 320.3 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting, or C. Require an increase in the height or floor area of a preexisting structure, or D. Require a new parking area or an increase in the dimensions of an existing parking area. … Page III- 2 SHELBURNE ZONING BYLAW --- ARTICLE IV (RES) ARTICLE IV: RESIDENTIAL DISTRICT 400 Purpose. The purpose of this district is to protect and provide for moderate density, pedestrian friendly, residential neighborhoods in areas surrounding the Village, that are served by municipal sewer systems, to help meet the Town's present and future housing needs. 410 Permitted Uses. 410.1 Single-family dwellings. 410.2 Two-family dwellings. … 420 Conditional Uses. 420.1 Multi-family dwellings. 420.2 Mobile Home Parks existing on January 14, 1986. 420.3 Accessory Apartments which: Contain two bedrooms, or Are located in structures that are not preexisting, or Require an increase in the height or floor area of a preexisting structure, or Require a new parking area or an increase in the dimensions of an existing parking area. Page IV- 1 410.3 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. SHELBURNE ZONING BYLAW ARTICLE VI (V-RES) ARTICLE VI: VILLAGE RESIDENTIAL DISTRICT 600 Purpose. The purpose of this district is to continue to accommodate compact residential development in close proximity to the Village Center. This area is served by both municipal sewer and water and is close to available transit stops. 610 Permitted Uses. 610.1 Single-Family Dwellings. 610.2 Two-family dwellings. 610.3 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 620 Conditional Uses. 620.1 Conversion of a single-family structure built prior to June 1, 1981, to a two-family dwelling. 620.2 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting, or C. Require an increase in the height or floor area of a preexisting structure, or D. Require a new parking area or an increase in the dimensions of an existing parking area. … Page VI- 1 SHELBURNE ZONING BYLAW ARTICLE VII (MUS) ARTICLE VII: MUSEUM DISTRICT 700 Purpose. The purpose of this district is to continue to accommodate the institutions and museums that are currently located in this portion of the Village. This area is served by both municipal sewer and water and is close to available transit stops. 710 Permitted Uses. 710.1 Single-family dwellings. 710.2 Two-family dwellings. 710.3 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 720 Conditional Uses. 720.1 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting, or C. Require an increase in the height or floor area of a preexisting structure, or D. Require a new parking area or an increase in the dimensions of an existing parking area. … Page VII- 1 SHELBURNE ZONING BYLAW ARTICLE VIII (V-CENT) ARTICLE VIII: VILLAGE CENTER DISTRICT 800 Purpose. This is the central, most compact, mixed-use core of the Village. It is intended to accommodate the variety of retail and office uses, government facilities, residential uses, churches and schools and other uses that serve the community while enhancing the pedestrian qualities of the area and, as reasonably practicable, preserving and protecting the historic structures and patterns located in the village. This area is served by both municipal sewer and water and is close to available transit stops. Note that a portion of this district is included in the Village Core Overlay District. 810 Permitted Uses. 810.1 Single-family dwellings. 810.2 Two-family dwellings. 810.3 Multiple family dwellings. 810.4 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 820 Conditional Uses. 820.1 Conversion of a single-family structure existing on March 16, 2009, to a two-family dwelling. 820.2 Mobile Home parks existing on January 14, 1986. 820.3 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting, or C. Require an increase in the height or floor area of a preexisting structure, or D. Require a new parking area or an increase in the dimensions of an existing parking area. Page VIII- 1 SHELBURNE ZONING BYLAW Article IX (SF-MIX) ARTICLE IX: SHELBURNE FALLS MIXED USE DISTRICT 900 Purpose. The purpose of this district is to support the traditional compact, mixed-use, development pattern that has evolved around the LaPlatte River. This area is served by both municipal sewer and water, and is very close to the center of Shelburne Village. 910 Permitted Uses. 910.1 Single-family dwellings. 910.2 Two-family dwellings. 910.3 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 920 Conditional Uses. 920.1 Conversion of single-family dwelling in existence on March 17, 2009, to a two-family dwelling. 920.2 Multi-Family dwellings. 920.3 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting , or C. Require an increase in the height or floor area of a preexisting structure, or D. Require a new parking area or an increase in the dimensions of an existing parking area. … Page IX- 1 SHELBURNE ZONING BYLAW ARTICLE X (MIX) ARTICLE X: MIXED USE DISTRICT 1000 Purpose. The purpose of the Mixed Use District is to accommodate the commercial uses presently in the area and to encourage an integrated, compatible mix of new commercial and residential development (with a variety of housing types) that is pedestrian friendly, to facilitate access among the various uses without utilizing Shelburne Road, to encourage development of small visual scale and “grain”, to present an interesting and varied streetscape along Shelburne Road, to avoid the appearance of “strip” development; and to encourage low traffic generating uses so as to minimize the number of turning movements on Shelburne Road. In addition, development in this district should be designed to encourage the use of public transit. 1010 Permitted Uses. 1010.1 Single-family dwellings. 1010.2 Two-family dwellings. 1010.3 Multiple family dwellings. 1010.4 Accessory Apartments located within an existing, expanded, or new owner occupied single family dwelling or an existing accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling, and not requiring a change in the dimensions of parking areas. … 1020 Conditional Uses. 1020.1 Conversion of a single-family dwelling existing on March 17, 2009, to a two-family dwelling. 1020.2 Mobile Home Park existing on (January 14, 1986). 1020.3 New Mobile Home Parks on 10 or more acres 1020.4 Accessory Apartments which: A. Contain two bedrooms, or B. Are located in structures that are not preexisting , or C. Require an increase in the height or floor area of a preexisting structure or D. Require a new parking area or an increase in the dimensions of an existing parking area. … Page X- 1 SHELBURNE ZONING BYLAW ARTICLE XII ARTICLE XII: COMMERCE AND INDUSTRY SOUTH DISTRICT 1200 Purpose. The purpose of the Commerce and Industry South District is to implement the goals and objectives of the Economic Development section of the Town Plan, and to protect and preserve scenic views from adjacent lands, Route 7, and other public vantage points. 1210 Permitted Uses. 1210.1 Motels existing on March 17, 2009. 1210.2 Single family dwellings in existence prior to January 1, 1994. … Page XII- 1 1210.21210.3 Accessory Apartments located within an existing or expanded owner occupied single family dwelling or an existing accessory, expanded, or new structure, containing not more than two bedrooms, and consisting of not more than 50 percent of the total habitable floor area of the original dwelling. SHELBURNE ZONING BYLAW ARTICLE XIII (CONS) ARTICLE XIII: CONSERVATION DISTRICT 1300 Purpose. The purpose of this district is to maintain, improve, and protect environmentally sensitive areas, and to protect irreplaceable natural resources located within these areas. 1300.1 The Conservation District shall include all lands designated as such on the Shelburne Zoning Map. 1310 Permitted Uses. 1310.1 Single-family dwellings existing on March 17, 2009. 1310.2 Single-family dwelling if permitted by any conservation easements on the property. owner occupied single family dwelling or an existing, expanded, or new accessory structure, containing not more than one two bedrooms, and consisting of not more than 350 percent of the total habitable floor area of the original dwelling,. and not requiring a change in the dimensions of parking areas. Page XIII- 1 1310.3 Accessory Apartments located within an existing or expanded SHELBURNE ZONING BYLAW ARTICLE XXI (DEFINITIONS) [ -date- ] ARTICLE XXI: DEFINITIONS 2100 General. Definitions contained in the Vermont Planning and Development Act shall be applicable throughout these regulations unless otherwise specifically defined in this Section. 2110 Specific Definitions. 2110.1 Accessory Apartment - A dwelling unit, with a total floor area of 1,500 square feet or smaller, located within or appurtenant to and clearly subordinate to a principal single-family dwelling. The property owner of record shall occupy either the accessory apartment or the principal single-family dwelling. For the purpose of establishing the floor area of an Accessory Apartment, the total shall consist of the aggregate area of all floors within the apartment, plus any other affiliated areas intended primarily for the use of the apartment occupant(s). Such areas may include personal storage areas, porches and decks, and garages (or parts thereof). 2110.2 Accessory Structure – A structure on the same lot with and of a nature which is incidental and subordinate to the principal structure on the lot and which is typically associated with that principal structure. Accessory structures shall meet the same dimensional and yard requirements as the principal structure. 2110.3 Accessory Use – A use of land or of a building or portion thereof incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use. 2110.4 Adjacent -- Contiguous parcels and parcels separated only by a public road, private road or right-of-way, railroad right-of-way, or riparian feature (river, stream, or brook). 2110.5 Adult entertainment use means a store, theater, club, restaurant or other establishment that as a substantial component of the use offers: (i) adult oriented merchandise for sale, rental, exchange, loan or trade; (ii) live or recorded performances by entertainers who are clothed to reveal or emphasize specified anatomical areas and/or whose activities include or mimic specified sexual activities; and/or (iii) services by attendants who are clothed to reveal or emphasize specified anatomical areas and/or whose activities include or mimic specified sexual activities. 2110.6 Adult media means any magazines, books, movies, photographs, recordings or other forms of communication that are distinguished or characterized by an emphasis on matter depicting, describing or related to specified anatomical areas or specified sexual activities. 2110.7 Adult oriented merchandise means any goods, products, commodities or other wares that depict, describe or simulate specified anatomical areas or specified sexual activities including but not limited to sexually oriented toys or novelties and adult media. Page XXI- 1 Planning Commission Reporting Form for Municipal Bylaw Amendments Draft for Review by Planning Commission—prepared January 31, 2019 This report is in accordance with 24 V.S.A. §4441(c) which states: “When considering an amendment to a bylaw, the planning commission shall prepare and approve a written report on the proposal. A single report may be prepared so as to satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments.…. The report shall provide (:) (A) brief explanation of the proposed bylaw, amendment, or repeal and ….include a statement of purpose as required for notice under §4444 of this title, (A)nd shall include findings regarding how the proposal: 1. Conforms with or furthers the goals and policies contained in the municipal plan, including the effect of the proposal on the availability of safe and affordable housing: 2. Is compatible with the proposed future land uses and densities of the municipal plan: 3. Carries out, as applicable, any specific proposals for any planned community facilities.” Brief explanation of the proposed bylaw amendment. The Planning Commission proposal would if approved modify review procedures applicable to accessory apartments. More specifically, accessory apartments of one or two bedrooms would be treated in the same manner and as permitted uses. Currently, two bedroom apartments are subject to Conditional Use review, whereas one bedroom apartments are treated as permitted uses and thus are allowed administratively. The proposal also modifies the definition of accessory apartment to include an absolute cap on size. Purpose The Planning Commission has developed the change in response to recommendations offered by the Planning Commission’s housing subcommittee. The Commission believes the proposed changes address the issues expressed by the property owners and a substantial aspect of the subcommittee’s recommendations while also reflecting the policy input and prerogatives of the Commission. Findings regarding how the proposal conforms with or furthers the goals and policies contained in the municipal plan, municipal including goals and policies pertaining to the availability of safe and affordable housing Under state law, the Zoning Regulations must be “in conformance with” the Plan. To be “in conformance with” the Plan, the bylaw must: make progress toward attaining, or at least not interfere with, the goals and policies contained in the Plan; provide for proposed future land uses, densities, and intensities of development contained in the Plan; and carry out any specific proposals for community facilities, or other proposed actions contained in the Plan. The Planning Commission finds that the proposal conforms with or furthers the goals and policies contained in the municipal plan. Such policies include but are not necessarily limited to the following: Planning Commission Reporting Form for Page 2 Zoning Amendment Proposal, January 31, 2019 GOAL: TO HAVE AN ADEQUATE SUPPLY OF HOUSING TO ACCOMMODATE A DIVERSE ARRAY OF RESIDENTS, BUT WHICH DOES NOT ADVERSELY IMPACT ON THE TOWN’S SCENIC AND NATURAL RESOURCES OR THE ABILITY TO PROVIDE PUBLIC FACILITIES AND SERVICES. OBJECTIVES: 4. Consistent with regional guidelines, the Town will develop and pursue policies that should result in, on average, ten percent of new housing units constructed being affordable to households with incomes between 80% and 120% of the county median income for the appropriate household size. Perpetual affordability shall be assured through binding legal mechanisms, where appropriate. 8. Continue to encourage the development of a variety of appropriately scaled housing options for elder residents (congregate housing, continuing care, assisted living, home care, nursing care, etc.) and young families (rental apartments, small condominiums, small detached dwellings). 9. Promote use of innovative and creative development layouts and construction techniques so that residential buildings fit their landscape and setting. Also encourage use of energy‐efficient residential building designs. RECOMMENDED ACTIONS: 9. Consider increasing the size limits on accessory apartments, on a district by district basis. GOAL: TO MANAGE THE GROWTH OF THE COMMUNITY SO THAT POPULATION GROWS AN AVERAGE OF 110 PERSONS PER YEAR OVER THE COMING DECADE. OBJECTIVES: 1. To achieve and maintain a manageable rate of residential growth that achieves the above goal without extreme fluctuations from year to year. 2. To ensure that the Town continues to house a diversity of residents including young families and elders, and residents with a wide range of income levels, and cultural backgrounds. RECOMMENDED ACTIONS: 3. Amend the Town’s Zoning Ordinance to encourage the development of diverse housing options, including affordable and workforce housing. Planning Commissioners find that the proposal would positively address and advance the foregoing language as well as related Comprehensive Plan language. They believe that: • By simplifying the review of accessory apartments having more than one bedroom, the Town is fostering the development of affordable housing options for elders, young families with children, and others and is responding to specific recommended actions contained in the Plan. Commissioners also recognize the potential for the proposal to promote other Comprehensive Plan goals and objectives. Planning Commission Reporting Form for Page 3 Zoning Amendment Proposal, January 31, 2019 Findings regarding how the proposal is compatible with the proposed future land uses and densities of the municipal plan The default development densities authorized by the zoning bylaws are not affected by the proposal. Thus, in conclusion, the Planning Commission finds that the zoning amendment proposal that is the subject of this report would be entirely compatible with the Comprehensive Plan. Findings regarding how the proposal carries out, as applicable, any specific proposals for any planned community facilities. The proposed amendment does not directly carry out specific proposals for any planned community facilities. In addition, the proposed amendment does not conflict with any specific proposals for planned community facilities. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: May 1, 2019 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance:  ZA-19-04: Trees, Junkyards, and Cross Reference Correction  ZA-19-09: Zoning Administrative Officer The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, May 28, 2019 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on May 27, 2019. Thank you. CC: Andy Montroll, Burlington Planning Commission Chair Kimberly Sturtevant, Assistant City Attorney David White, FAICP, Planning Director Scott Gustin, AICP, Principal Planner Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-19-04 Tees, Junkyards, and Cross Reference Correction ZA-19-09 Zoning Administrative Officer Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, May 28, 2019 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows:  ZA-19-04: The purpose of this amendment is to make a number of technical corrections to relocate language regarding tree removal standards from Article 3 to Article 5, and eliminate references to these standards that are duplicative and/or superseded by Article 14; relocate the zoning permit exemption for tree removal in city parks from Article 4 to Article 3, and add “Civic” districts (created by Article 14) to those applicable districts exempt from a permit;, delete Automobile Salvage/Junkyard definition, and create a new definition for Junkyards, amend the Vehicle Salvage Yard definition, and prohibit both within all zoning districts; and address an incorrect reference within Sec.6.2.2 (p).  ZA-19-09: The purpose of this proposed amendment is to disjoin the Director of Planning and Zoning from the Zoning Administrative Officer (ZAO) and to clarify the appointment process of the ZAO consistent with the voter-approved charter change. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington:  ZA-19-04: The proposed amendment applies to all areas and zoning districts.  ZA-19-09: The proposed amendment has no impact on geographic areas or zoning districts of the city. List of section headings affected:  ZA-19-04: The proposed amendment modifies Sec. 3.1.2 (a) and (c); deletes Sec. 4.4.6 (d) 2; amends Sec. 5.5.4; amends Article 13 Definitions; amends Appendix A- Use Table; and amends Sec 6.2.2 (p).  ZA-19-09: The proposed amendment modifies Sec 2.3.2. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at https://www.burlingtonvt.gov/PZ/CDO/Amendments. The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: Burlington Planning Commission FROM: Scott Gustin, Principal Planner DATE: April 29, 2019 RE: CDO Amendment ZA-19-04: Trees, Junkyards, and Cross Reference Correction Overview & Background This amendment proposes corrections to three separate elements of the Burlington Comprehensive Development Ordinance that were discovered through the routine administration of the ordinance related to tree removal standards, Junkyards and Automobile/Vehicle Salvage Yards, and a cross reference to Article 5. At their September 6, 2018 meeting, the Ordinance Committee reviewed the following three proposed amendments to the ordinance, and each was forwarded to the Planning Commission with recommendation to approve. Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The purpose of this amendment is to make a number of technical corrections to the Burlington Comprehensive Development Ordinance. These include, the relocation of language regarding tree removal standards from Article 3 to Article 5, and eliminating references to these standards that are duplicative and/or superseded by Article 14; the relocation of the zoning permit exemption for tree removal in city parks from Article 4 to Article 3, and the addition of “Civic” districts (created by Article 14) to those applicable districts exempt from a permit; creation of a new definition for Junkyards, deletion of Automobile Salvage/Junkyard definition, and amendment to the Vehicle Salvage Yard definition; and to address an incorrect reference within Sec.6.2.2 (p). 1. Tree Removal Standards- Changes to Articles 3, 4, and 5 The adoption of Article 14, planBTV: Downtown Code, affected the tree cutting provisions within the CDO. Sec. 3.1.2, Zoning Permit Required, (a) Exterior Work stipulates that tree removal of a certain degree requires the advance review and approval of the Development Review Board per the criteria in Article 6, Part 2: Site Plan Design Standards. Article 14 expressly supersedes Article 6 in the downtown form districts. As a result, reference to Article 6 is moot when considering tree cutting in the downtown form districts. Additionally, the actual standards for review of tree removal proposals are contained within the performance standards of Article 5, specifically Sec. 5.5.4, Tree Removal. Staff recommends 2 deletion of reference to Article 6 in the tree cutting provision of Sec. 3.1.2. The performance standards of Article 5: Part 5 expressly continue to apply within the downtown form districts. As reference to DRB review is made, staff proposes relocating that language to a more appropriate location in Sec. 5.5.4, Tree Removal. One additional item related to tree cutting standards is the exemption under Sec. 4.4.6, Recreation, Conservation, and Open Space Districts (d) District Specific Regulations. Item 2 under this section exempts regular tree maintenance and removal in city parks from the requirement for a zoning permit. This exemption is more appropriately located with all other zoning permit exemptions under Sec. 3.1.2, Zoning Permit Required (c) Exemptions. Staff recommends deleting the exemption from Sec. 4.4.6 and relocating it under Sec. 3.1.2. Further, as Article 14, planBTV: Downtown Code, created a new district, Civic, which applies to city parks, a reference to this district is recommended to be added to this exemption. 2. Junkyards & Automobile/Vehicle Salvage Yards- Article 13 Definitions and Addition to Appendix A- Use Table The CDO presently contains definitions for “automobile salvage/junkyard” and “vehicle salvage yard.” Both address essentially the same thing but are not identical. Staff recommends deleting the less specific “automobile salvage/junkyard.” Vehicle salvage yard is expressly targeted at junk vehicles. So as to keep automotive uses grouped together in Appendix A – Use Table – All Zoning Districts, the word “automobile” has been added to the term “vehicle salvage yard.” The more general “junkyard” was defined in the 1994 Zoning Ordinance but is not defined in the CDO. Outdoor storage of trash is addressed in Article III, Division 1 of the city code of ordinances. There are several ongoing situations with properties filled with junk not necessarily including junk vehicles. Including a cross reference to the applicable section within the city code of ordinances within the definition of Junkyard would be helpful in enforcing against such properties. (For reference, this section of the code of ordinances is attached after proposed changes to Appendix A- Use Table.) The Ordinance Committee recommended adding such a definition. Neither “Junkyard” nor “Automobile/Vehicle Salvage Yard” are included in Appendix A – Use Table – All Zoning Districts. In the 1994 Zoning Ordinance, “auto/junk/salvage yard” was included in the Use Table and was allowed only in the Enterprise Zone. The Committee recommended incorporation of the terms into the Use Table, and to prohibit them in all zones. 3. Cross Reference Correction This item is simply a correction to a cross reference within Sec. 6.2.2 (p), to accurately point to the Performance Standards of Article 5. 3 Proposed Amendments To achieve the goals identified above, the proposed amendment affects the following sections of the Burlington Comprehensive Development Ordinance. Deleted language is crossed out, and new language is underlined in red.  Amend Sec. 3.1.2 Zoning Permit Required to relocate existing permit exemption in Article 4 for city parks and add Article 14 “Civic” district to exempted districts, and remove reference to Article 6 standards. Sec. 3.1.2, Zoning Permit Required (a) Exterior Work: 1-8 As written. 9. Tree removal involving six (6) or more trees, each of ten (10) inches or greater in caliper or the removal of ten (10) or more trees, each of which is three (3) inches or greater in caliper during any consecutive twelve (12) month period. Such land development shall require the advance approval of the DRB under the criteria set forth in Article 6, Part 2 hereof before a zoning permit may be issued. 11 – 20 As written. (b) Interior Work: As written. (c) Exemptions 1-2 As written. 3. Within any city park within an RCO zone or Civic district, regular tree maintenance and removal not otherwise associated with land clearing for new development or site improvements, and regular turf maintenance including re-grading and reseeding. 4-15 As written, except renumbered to accommodate new number 3.  Amend Sec. 4.4.6 Recreation, Conservation and Open Space Districts to remove the relocated existing permit exemption for city parks. Sec. 4.4.6, Recreation, Conservation and Open Space Districts (a) – (c) As written. (d) District Specific Regulations The following regulations are district-specific exemptions, bonuses, and standards unique to the RCO districts. They are in addition to, or may modify, city-wide standards as provided in Article 5 of this ordinance and district standards as provided above in Tables 4.4.6-1 and 4.4.6-2. 1. Lot Coverage for Agricultural Structures. The maximum allowable coverage may be increased to ten percent (10%) in the RCO-Agricultural District for agricultural structures not otherwise exempted from zoning review under V.S.A. 24 § 4413 (d), subject to approval by the DRB. 4 2. Exemptions for Tree removal and Turf Maintenance in City Parks. Regular tree maintenance and removal not otherwise associated with land clearing for new development or site improvements, and regular turf maintenance including re-grading and reseeding shall be exempt from the requirement to obtain a zoning permit. 3. 2. Exemptions for low impact design (LID) stormwater management techniques Due to the unique nature and critical importance of City Parks in the City’s overall green infrastructure, LID stormwater management techniques (such as pervious pavement and asphalt, green roofs and rain gardens etc…) shall be credited against lot coverage as determined by the City’s Stormwater Administrator pursuant to the requirements of Burlington Code of Ordinances Chapter 26. 4. 3. Pervious surface materials not included in impervious lot coverage calculations Pervious surface materials, such as woodchips and clay or dirt playfields in City Parks shall not be included in impervious lot coverage calculations.  Amend Sec 5.5.4 Tree Removal to add reference to DRB review of requests for tree removal to preface the performance standards list Sec. 5.5.4, Tree Removal Zoning permit requests for tree removal are subject to DRB review per the following criteria. (a) – (b) As written.  Amend Article 13 Definitions for Junkyards and Automobile/Vehicle Salvage Yards Automobile Salvage/Junkyard: Land or buildings used for the collection, wrecking, dismantling, storage, salvaging, and sale of automobile parts from automobiles that are not in running condition. Junkyard: Any place of outdoor storage or deposit that is maintained, operated, or used for storing, keeping, processing, buying, or selling garbage, trash, appliances, and/or furniture as articulated under Article III, Division 1, Sec. 18-111 of the City Code of Ordinances. Junkyard does not include a solid waste facility or a vehicle salvage yard as defined in this ordinance. Automobile/Vehicle Salvage Yard: Land or buildings used for the collection, wrecking, dismantling, storage, salvaging, and sale of machinery, parts, or vehicles not in running condition. Three or more unregistered vehicles are considered an automobile/vehicle salvage yard. An automobile/vehicle salvage yard does not include automobile/vehicle repair as defined in this Article.  Amend Appendix A- Use Table to add the above definitions as prohibited uses in all districts. See attached Appendix A 5  Amend Sec 6.2.2 (p) to correct cross reference to Article 5. Sec. 6.2.2, Review Standards (a) – (o) As written. (p) Integrate infrastructure into the design: Exterior storage areas, machinery and equipment installations, service and loading areas, utility meters and structures, mailboxes, and similar accessory structures shall utilize setbacks, plantings, enclosures and other mitigation or screening methods to minimize their auditory and visual impact on the public street and neighboring properties to the extent practicable. Utility and service enclosures and screening shall be coordinated with the design of the principal building, and should be grouped in a service court away from public view. On- site utilities shall be place underground whenever practicable. Trash and recycling bins and dumpsters shall be located, within preferably, or behind buildings, enclosed on all four (4) sides to prevent blowing trash, and screened from public view. Any development involving the installation of machinery or equipment which emits heat, vapor, fumes, vibration, or noise shall minimize, insofar as practicable, any adverse impact on neighboring properties and the environment pursuant to the requirements of Article 5, Part 4 5 Performance Standards. Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Compatibility with Proposed Future Land Use & Density The proposed amendment has no impact on the proposed future land uses and densities within the Municipal Development Plan (planBTV). Impact on Safe & Affordable Housing The proposed amendment has no impact on the availability of safe and affordable housing. Planned Community Facilities The proposed amendment has no impact on planned community facilities. Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment prepared by: Staff, with PC OC recommendation Presentation to & discussion by Commission 1/9/2019 Approve for Public Hearing 1/9/2019 Public Hearing 5/28/2019 Approve & forward to Council Continue discussion City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion Ordinance Cmte recommends to Council [as is / with changes] Second Read & Public Hearing Approval & Adoption Rejected Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 1 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Single Detached Dwelling N N 1 N N Y Y Y N30 N N30 N30 N30 N N N Accessory Dwelling Unit (See Art.5, Sec.5.4.5) N N N N Y Y Y N N N N N N Attached Dwellings - Duplex N N1 N N Y CU 2 Y Y N Y 3 N Y N N N Attached Dwellings - Multi- Family (3 or more) N N1 N N CU N Y Y N Y Y Y Y N N Attached Dwelling(s) – Mixed-Use26 N N1 N N CU CU CU CU N Y Y Y Y N N RESIDENTIAL SPECIAL USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Assisted Living N N N N CU CU Y Y N Y Y Y Y N N Bed and Breakfast4, 6 N N N N CU CU CU CU N Y Y Y N N N Boarding House 6 (4 persons or less) N N N N CU CU Y Y N Y Y Y N N N Boarding House 6 (5 persons or more) N N N N CU CU CU CU N CU CU CU N N N Community House (See Sec.5.4.4) N N N N CU CU CU CU N CU CU CU CU N N Convalescent /Nursing Home N N N N CU CU Y Y N Y Y Y Y N N Dormitory5 N N N N CU N N N N N25 CU CU N N N Emergency Shelter31 N N N N N CU CU CU N CU CU CU CU N N Group Home N N N N Y Y Y Y N Y Y Y Y N N Historic Inn (See Sec.5.4.2) N N N N CU CU CU CU N CU Y Y Y N N Mobile Home Park N N N N N CU CU N N N N N N N N Sorority/Fraternity5 N N N N CU N N N N N N N N N N NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Adult Day Care N N N N CU N N N N Y Y Y Y N N Agricultural Use20 N Y Y CU Y N N N N N N N N Y N Amusement Arcade N N N N N N N N N N CU CU CU N N Animal Boarding/Kennel/Shelter N CU N N N N N N N N CU CU CU CU CU Animal Grooming N N N N N N N N N Y Y Y Y CU CU Animal Hospitals/Veterinarian Office N CU N N CU N N N N CU CU CU CU Y Y Appliance Sales/Service N N N N N N N N N Y24 Y Y Y24 N Y Aquarium N N CU N CU N N N (See Sec.4.4.1(d) 2) N N N N N N Art Gallery/Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 2) Y Y Y Y Y Y Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 2 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Auction House N N N N N N N N N N Y Y N N CU Automobile Body Shop N N N N N N N N N N N Y N N Y Automobile & Marine Parts Sales N N N N N N N N (See Sec.4.4.1(d) 2) CU Y Y Y N Y Automobile/Vehicle Repair N N N N N N N N N CU9, 12, 14 CU9, 12, 14 CU14 N N Y Automobile/Vehicle Salvage Yard N N N N N N N N N N N N N N N Automobile Sales – New & Used N N N N N N N N N N Y Y N N CU Bakery N N N N N N22 N22 CU13 N Y Y Y Y Y Y Bank, Credit Union N N N N CU N22 N22 N22 N Y Y Y Y N N Bar, Tavern N N N N N N N N N CU CU CU CU N N Beauty/ Barber Shop N N N N CU N22 N22 CU13 N Y Y CU Y N N Bicycle Sales/Repair N N N N CU N N N N Y Y Y Y N Y Billiard Parlor N N N N N N N N N CU Y CU Y N N Boat Repair/Service N N CU N N N N N (See Sec.4.4.1(d) 2) N CU CU N N Y Boat Sales/Rentals N N CU N N N N N (See Sec.4.4.1(d) 2) N Y Y N N Y Boat Storage N N CU N N N N N N N CU CU N N Y Bowling Alley N N N N N N N N N CU Y Y Y N N Building Material Sales N N N N N N N N N N Y10 Y N N Y Café N CU17 CU N CU N22 N22 CU13 (See Sec.4.4.1(d) 2) Y Y Y Y CU CU Camp Ground N Y Y N N N N N (See Sec.4.4.1(d) 2) N N N N N N Car Wash N N N N N N N N N N CU Y CU N CU Cemetery N N Y N N N N N N N N N N N N Cinema N N N N Y N N CU N CU14 Y N Y14 N N Club, Membership N N Y N CU N Y Y N CU CU N CU N N Community Center N N CU N CU CU13 CU13 Y13 N Y Y Y Y N CU Community Garden N Y Y N Y Y Y Y N Y Y Y Y Y Y Conference Center N N N N CU N N N N N N N N N N Composting N CU N N N N N N N N N N N N N Contractor Yard N N N N N N N N N N N Y 10 N N Y Convenience Store (See Sec.5.4.3) N N N N N N N CU12 N Y12 Y Y Y12 N Y Convention Center N N N N N N N N N N N N N N N Courthouse N N N N Y N N CU N N N N N N N Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 3 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Crematory N N N N N N N N N N N CU N N N Crisis Counseling Center N N N N CU CU CU CU N Y Y Y Y N N Daycare - Large (Over 20 children) (see Sec. 5.4.1) N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17 Daycare - Small (up to 20 children) (See Sec.5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17 Daycare – Family Home N N N N Y Y Y Y N Y Y Y Y N N Dental Lab N N N N CU N N N N Y Y Y Y N Y Distribution Center N N N N N N N N N N N CU N N CU Dry Cleaning Plant N N N N N N N N N N N CU N N CU Dry Cleaning Service N N N N CU N22 N22 N22 N Y24 Y Y Y24 N CU Film Studio N N N N Y N N N N N CU Y CU N CU Fire Station N N Y N Y CU CU CU N Y Y Y Y Y Y Food & Beverage Processing N N N N N N N N N CU14 CU14 CU CU14 Y Y Fuel Service Station9 N N N N N N N N N CU11 Y 11 Y N N N Funeral Home N N N N N CU 7 CU 7 CU7 N CU Y Y N N N Garden Supply Store N N N N CU N N N N CU24 Y Y N Y Y General Merchandise/Retail – Small <4,000sqft N N N N CU N22 N22 N22 (See Sec.4.4.1(d) 2) Y Y Y Y N Y General Merchandise/Retail – Large ≥4,000sqft N N N N N N N N (See Sec.4.4.1(d) 2) N CU18 CU CU N CU17 Grocery Store – Small ≤10,000sqft N N N N N N N CU N Y Y Y Y CU CU28 Grocery Store – Large >10,000sqft N N N N N N N N N N Y Y N N CU28 Hazardous Waste Collection/Disposal N N N N N N N N N N N N N N CU Health Club N N N N Y N N CU N CU Y Y Y N CU Health Studio N N N N Y N22 N22 CU N Y Y Y Y N Y Hospitals N N N N CU N N CU N N N N N N N Hostel N N N N Y N N CU N Y Y Y Y N N Hotel, Motel N N N N CU N N N (See Sec.4.4.1(d) 2) N Y N Y N N Junkyard N N N N N N N N N N N N N N N Laundromat N N N N CU N22 N22 CU13 N Y13 Y Y Y N Y Library N N N N Y CU CU Y N Y Y Y Y N N Lumber Yard N N N N N N N N N N CU10 Y N N Y Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 4 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Machine/Woodworking Shop N N N N N N N N N CU CU CU CU24 CU Y Manufacturing N N N N N N N N N N N CU N CU Y Manufacturing - Tour Oriented N N N N N N N N N N N CU N CU CU Marina N N Y N N N N N (See Sec.4.4.1(d) 2) N N N N N N Medical Lab N N N N CU N N N N CU Y Y N CU CU Mental Health Crisis Center N N N N N N CU (See §5.4.11) N N N N N N N N Museum–Small < 10,000 sqft N CU CU CU Y CU13 CU13 CU8,13 (See Sec.4.4.1(d) 2) Y Y Y Y CU Y23 Museum-Large >10,000 sqft N N N N CU N N N (See Sec.4.4.1(d) 2) N CU CU N CU CU23 Office - General N N N N N N N N N Y Y Y Y CU Y Office - Medical, Dental N N N N CU N22 N22 N22 N Y Y Y Y N Y Open Air Markets N Y Y N Y CU CU CU (See Sec.4.4.1(d) 2) Y Y Y Y Y Y Operations Center – Taxi/Bus9 N N N N N N N N N N N CU11 N N Y Operations Center - Trucking9 N N N N N N N N N N N Y11 N CU11 CU Park N Y Y Y Y Y Y Y (See Sec.4.4.1(d) 2) Y Y Y Y CU CU Parking Garage 9 N N N N Y N N CU N CU Y N CU N CU Parking Lot 9 N N N N N N N N N N CU N N N CU Performing Arts Center N N N N Y N N N (See Sec.4.4.1(d) 2) CU Y N CU N CU27 Performing Arts Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 2) CU CU CU Y N Y Pet Store10 N N N N N N N N N CU Y Y Y N N Pharmacy N N N N CU N22 N22 N22 N Y Y Y Y N N Photo Studio N N N N N N22 N22 N N Y Y Y Y N Y Photography Lab N N N N N N N N N CU Y Y Y CU Y Police Station - Central N N N N CU N N N N Y Y Y N N N Police Station - Local N N CU N Y CU CU CU N Y Y Y Y Y Y Post Office – Central Distribution Center N N N N N N N N N N Y Y N N Y Post Office - Local N N N N Y N22 N22 N22 N Y Y Y Y N N Printing Plant N N N N N N N N N N N CU N N Y Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 5 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Printing Shop N N N N CU N22 N22 N N CU Y Y Y N Y Public Transit Terminal N N N N Y N N N (See Sec.4.4.1(d) 2) N CU CU Y CU Y Public Works Yard/Garage9 N N N N CU11 N N N N N CU11 Y11 N CU Y Radio & TV Studio N N N N N N N N N N Y Y Y N Y Rail Equip. Storage & Repair N N N N N N N N (See Sec.4.4.1(d) 2) N N N N CU CU Recording Studio N N N N N N N CU N CU CU Y Y N Y Recreational Facility - Indoor N N CU N CU N CU CU (See Sec.4.4.1(d) 2) N Y CU N N CU Recreational Facility - Outdoor Commercial N N CU N CU N N N (See Sec.4.4.1(d) 2) N N CU N N N Recreational Facility -Outdoor N N Y N Y N N N (See Sec.4.4.1(d) 2) N Y Y CU N N Recreational Vehicle Sales – New and Used N N N N N N N N N N CU CU N N Y Recycling Center – Large 10 (above 2,000 sf) N N N N N N N N N N N N N CU CU Recycling Center - Small 10 (2,000 sf or less) N N N N CU N N N N CU CU CU CU CU Y Research Lab N CU N N CU N N N (See Sec.4.4.1(d) 2) N CU CU CU24 CU Y Restaurant N N N N N N22 N22 CU 8, 13 (See Sec.4.4.1(d) 2) Y13 Y Y Y13 N N Restaurant – Take Out N N N N CU13 N22 N22 N (See Sec.4.4.1(d) 2) Y13 Y Y Y13 N Y13 Salon/Spa N N N N CU N22 N22 N N Y Y Y Y N N School - Post-Secondary &Community College N N Y N CU N CU CU N CU CU CU CU N N School – Preschool Large (over 20 children) (see Sec. 5.4.1) N N N N CU CU13 CU13 CU13 N Y Y Y Y N CU17 School – Preschool Small (up to 20 children) (see Sec. 5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17 School - Primary N N N N CU CU CU CU N CU CU CU CU N N School - Secondary N N N N CU CU CU CU N CU CU CU CU N N School, -Trade, or Professional N N N N CU N N N N CU N N CU N CU Solid Waste Facility - Incinerator, Landfill, Transfer Station N N N N N N N N N N N N N CU CU Tailor Shop N N N N N N22 N22 CU N Y Y Y Y N N Proposed ZA-19-04 Appendix A-Use Table – All Zoning Districts Proposed changes to Appendix A- Use Table per ZA-19-04 p. 6 of 6 Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Warehouse N CU N N CU N N N (See Sec.4.4.1(d) 2) N N Y15 N Y Y Warehouse, Retail9 N N N N N N N N N N CU15 CU15 N CU CU Warehouse, Self-Storage9 N N N N N N N N N N N Y15 N N CU Wholesale Sales9 N CU N N N N N N N N N Y 15 N Y Y Worship, Place of N N N N CU CU CU Y N Y CU CU CU N N 1. Residential uses are not permitted except only as an accessory use to an agricultural use. 2. Duplexes may be constructed on lots which meet the minimum lot size specified in Table 4.4.5-1. 3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited. 4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the RL district. 5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB. 6. Must be owner-occupied. 7. Must be located on a major street. 8. Small daycare centers and small preschools in the RCO zones shall only be allowed as part of small museums and shall constitute less than 50% of the gross floor area of the museum. 9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit. 10. Exterior storage and display not permitted. 11. All repairs must be contained within an enclosed structure. 12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit. 13. Permitted hours of operation 5:30 a.m. to 11:00 p.m. 14. Such uses not to exceed ten thousand (10,000) square feet per establishment. 15. Excludes storage of uncured hides, explosives, and oil and gas products. 16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District. 17. Allowed only as an accessory use. 18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center. 19. [Reserved]. 20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810 are exempt from regulation under local zoning. 21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District. 22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts. 23. Allowed only on properties with frontage on Pine Street. 24. Such uses shall not exceed 4,000 square feet in size. 25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010. 26. The mixed uses shall be limited to those that are either permitted, conditional, or pre-existing nonconforming in the zoning district. 27. Performing arts centers in the ELM zone shall be limited to a total of 5,000 square feet in size and to properties with frontage on Pine Street. Performing arts centers may contain accessory space for preparation and serving food and beverages, including alcohol, provided this accessory space comprises less than 50% of the entire establishment. 28. Grocery Stores up to but not to exceed 35,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise-Light Manufacturing District between Flynn and Home Avenue. 29. Must be fully enclosed within a building. 30. New single detached dwellings are not permitted. However, a pre-existing single detached dwelling may be reverted to a single family use regardless of its present use if the building was originally designed and constructed for that purpose. 31. See special use standards of Sec. 5.4.13, Emergency Shelters. _____________________________________ i For permitted and conditional uses within the Downtown and Waterfront Form Districts, refer to Article 14. Legend: Y Permitted Use in this district CU Conditional Use in this district N Use not permitted in this district Abbreviation Zoning District RCO – A RCO - Agriculture RCO – RG RCO – Recreation/Greenspace RCO – C RCO - Conservation I Institutional RL/W Residential Low Density, Waterfront Residential Low Density RM/W Residential Medium Density, Waterfront Residential Medium Density RH Residential High Density DW-PT Downtown Waterfront-Public Trust NMU Neighborhood Mixed Use NAC Neighborhood Activity Center NAC-RC NAC – Riverside Corridor NAC-CR NAC – Cambrian Rise E-AE Enterprise – Agricultural Processing and Energy E-LM Enterprise – Light Manufacturing Excerpt of City Code of Ordinances pertaining to proposed amendment ZA-19-04 Article III, Division 1, Sec. 18-111 for reference only: 18-111 Accumulation of garbage, trash, abandoned vehicles, appliances and furniture on any property within the city prohibited. (a) It shall be unlawful for any landowner, and person leasing, occupying, or having charge or possession of any property in the city to keep, maintain, or deposit on such property any materials or items enumerated below, unless they are in compliance with this section or otherwise allowed by law. "Property" shall include the abutting area known as the "greenbelt" held to be that area of a public street located between the roadway edge and the sidewalk, or, if no sidewalk exists, between the roadway edge and the adjacent property line. (Charter §§ 48(6), 48(8), 48(23) and 211.) (b) The following materials or items shall not be stored, kept, maintained or deposited on the property: concrete, asphalt, construction debris, brick foundations and flat work, unless being used for a building project which is in compliance with all city ordinances. (c) The following materials or items shall not be stored, kept, maintained, deposited or allowed to remain outdoors and in plain view in the front yard of any property: (1) appliances such as refrigerators, stoves and microwave ovens; (2) sinks, toilets, cabinets, or other fixtures or equipment; (3) abandoned, discarded, or broken furniture; (4) furniture not constructed for outdoor use; and (5) lumber and other construction material. Lumber and other construction material is exempted from this provision if it is covered and stored neatly and is being used in conjunction with a building project in compliance with all city ordinances. Rubbish, junk, refuse, garbage, scrap metal, tin cans and recyclables shall only be allowed to remain outdoors and in plain view in the front yard of any property for the purpose of recycling and solid waste pickup for disposal and only if they are neatly kept, stored, maintained, or deposited in accordance with all minimum housing, health and solid waste ordinances and regulations. (1) Owners of rental units with ten (10) or more units on a property shall be required to have covered wheeled recycling containers with a minimum capacity of sixty-five (65) gallons (hereinafter "toters") for curbside recycling pick up or an approved equivalency on or before October 1, 2013. At least one (1) such a container shall be provided for every three (3) units or portion thereof. (2) Owners of rental units with eight (8) or nine (9) units on a property shall be required to have toters for curbside recycling pick up or an approved equivalency on or before September 1, 2017. At least one (1) such container shall be provided for every three (3) units or portion thereof. (3) Owners of rental units with six (6) or seven (7) units on a property shall be required to have toters for curbside recycling pick up or an approved equivalency on or before March 1, 2018. At least one (1) such container shall be provided for every three (3) units or portion thereof. (4) Owners of rental units with two (2) to five (5) units on a property shall be required to have toters for curbside recycling pick up or an approved equivalency on or before September 1, 2018. At least one (1) such a container shall be provided for every three (3) units or portion thereof. (d) Subject to the limitations in this subsection, materials or items referred to in subsection (c) of this section may be kept on other portions of the property if they are stored, kept outdoors in plain view, maintained or deposited neatly, are covered, do not obstruct fire escapes, means of egress, fire lanes, or emergency services access, and do not pose a danger to invitees, including utility, delivery and postal service employees and police officers, firefighters, city and state officials, and public health and safety officials who may need to be present on the property in emergency situations, routine inspections or other lawful reasons. Materials or items referred to in subsection (c) of this section should not be stored, deposited, kept or maintained in violation of zoning setback regulations or cover a footprint of in excess of fifty (50) square feet, with a height limitation of six (6) feet (11.11 cubic yards). Two (2) such storages shall be allowed on the property. Rubbish, junk, refuse and garbage, scrap metal, tin cans, and recyclables shall be neatly kept, stored, maintained or deposited on property other than the front yard in accordance with all minimum housing, health, zoning and solid waste ordinance regulations. (e) It shall be unlawful to keep, maintain, store or deposit any inoperative, abandoned or dismantled motor vehicles on any property in violation of Chapter 20, Article VI. (f) Trailers and boats shall be neatly stored in accordance with zoning ordinances and regulations and in a manner which does not obstruct fire escapes, means of egress, fire lanes, or emergency services access and which does not pose a danger to invitees, including utility, delivery and postal service employees and police officers, firefighters and other public health and safety officials who may need to be present on the property in emergency situations, routine inspections or other lawful reasons. (g) A copy of all orders issued pursuant to this section shall be posted by the enforcement officer or his/her delegate or inspector in a conspicuous place in a common area of the dwelling or building in which the dwelling unit is located. Such notice shall be in addition to the notice required under Section 18-26. (h) Notwithstanding Section 18-31(a)(1), a second or subsequent violation of this section during a twelve (12) month period shall be deemed to be a civil offense and shall be punishable by a fine of two hundred dollars ($200.00) and a waiver fine of one hundred fifty dollars ($150.00). (Ord. of 3-22-99; Ord. of 9-10-12(2); Ord. of 12-1-14(1); Ord. of 6-5-17; Ord. of 8-7-17(1)) The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, AICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: Burlington Planning Commission FROM: Scott Gustin, Principal Planner DATE: April 29, 2019 RE: CDO Amendment ZA-19-09: Zoning Administrative Officer Overview & Background In anticipation of the Planning & Zoning Department restructuring associated with the City’s permit reform effort, the City Attorney has recommended that Sec. 2.3.2, Appointment, of the CDO be amended to disjoin the director of planning and zoning position from that of the zoning administrative officer. At their October 4, 2018 meeting, the Ordinance Committee concurred with the recommendation. Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The purpose of this proposed amendment is to disjoin the director of planning and zoning from the zoning administrative officer within the Burlington Comprehensive Development Ordinance. Proposed Amendments To achieve the goals identified above, the proposed amendment affects the following sections of the Burlington Comprehensive Development Ordinance: Sec. 2.3.2 Appointment The director of planning and zoning shall serve, ex officio, as the city’s zoning administrative officer (ZAO or administrative officer), and upon the recommendation of the planning commission shall be appointed by the mayor with approval of the majority of the full city council legislative body for a term of up to three years. The ZAO may be removed for cause at any time by the legislative body after consultation with the planning commission. Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Compatibility with Proposed Future Land Use & Density The proposed amendment has no impact on the proposed future land use and density goals contained within planBTV (the City’s Municipal Development Plan). 2 Impact on Safe & Affordable Housing The proposed amendment has no impact on the provision of safe and affordable housing. Planned Community Facilities The proposed amendment has no impact on planned community facilities. Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment prepared by: Staff Presentation to & discussion by Commission 4/9/2019 Approve for Public Hearing 4/9/2019 Public Hearing 5/28/2019 Approve & forward to Council Continue discussion City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion Ordinance Cmte recommends to Council [as is / with changes] Second Read & Public Hearing Approval & Adoption Rejected