The URL can be used to link to this page

Home My WebLink AboutAgenda - Planning Commission - 08/27/2019South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, August 27, 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. Presentation and discussion on proposed Inclusionary Zoning regulations submitted by the Affordable Housing Committee, John Simson, Chair (7:10 pm) 6. Review updated work plan (8:10 pm) 7. Introduction and discussion of possible FY 2020 Municipal Planning Grants (8:25 pm) 8. Discussion and Input to Capital Improvement Program (8:40 pm) 9. Preview of September 26 all committees summit, possible assignment of volunteers (8:50 pm) 10. Interim Zoning Committee updates (9:00 pm) 11. Meeting Minutes (9:10 pm) 12. Other business (9:12 pm) 13. Adjourn (9:14 pm) Respectfully submitted, Paul Conner, AICP, Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning Cathyann LaRose, City Planner SUBJECT: PC Staff Memo DATE: August 27, 2019 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:02 pm) 3. Open to the public for items not related to the agenda (7:03 pm) 4. Planning Commissioner announcements and staff report (7:06 pm) Staff Report: Council Public Hearing on LDR Amendments September 16: The City Council last week received the amendments approved by the Planning Commission and warned a public hearing for all of them for Monday, September 16, 7:30 pm. The Commission had a short but robust discussion on the removal of minimum parking standards and otherwise simply received a brief status report from Jessica and warned the public hearing. All committees symposium September 26: On Thursday September 26th in the evening, the City will be hosting an all-committees symposium. Each Committee/Board will have a poster board of projects being worked on and make a short presentation to the City Council. In addition, there will be workshops & trainings on a host of different topics, and social time for folks to get to know one another better. Save the date! Last SoBu Night out this Thursday: If you haven’t been, or have and have loved the, the final one is this Thursday! 5. Presentation and discussion on proposed Inclusionary Zoning regulations submitted by the Affordable Housing Committee, John Simson, Chair (7:10 pm) See enclosed materials. John Simson will be joined by Regina Mahony, Planning Program Manager with the CCRPC, which the City hired to assist the Committee in the development of these standards. 6. Review updated work plan (8:10 pm) Enclosed are TWO workplans. • The first is a an update to the one-pager on the big-picture status of the PUD/Master Plan / Subdivision standards project, and the related components from Interim Zoning. If you’re interested, we’ve also updated the detailed project workplan, and have posted it on the website. It’s long, so we didn’t include it in your packet, but you’re more than welcome to review and pose questions • The second is an update to the workplan you adopted in June of 2018. With the work of Interim Zoning becoming the top priority part-way through the year last year, not all of the projects have been advances. But we thought this might be a helpful check-in regardless. 7. Introduction and discussion of possible FY 2020 Municipal Planning Grants (8:25 pm) See attached memo. Looking for your ideas at thie meeting; staff will review and make a formal recommendation (or a choice between a couple) at your next meeting. 8. Discussion and Input to Capital Improvement Program (8:40 pm) See attached letter. 9. Preview of September 26 all committees summit, possible assignment of volunteers (8:50 pm) Short discussion of what to expect, and homework for the Commission in preparation! 10. Interim Zoning Committee updates (9:00 pm) 11. Meeting Minutes (9:10 pm) Minutes of 13 August are ready for your review. 12. Other business (9:12 pm) 13. Adjourn (9:14 pm) memo To: South Burlington Planning Commission From: John Simson on behalf of the South Burlington Affordable Housing Committee CC: Paul Conner, Planning Director Date: August 13, 2019 Re: Draft Inclusionary Zoning Amendment for the Land Development Regulations Thank you for considering this proposed expansion of the Inclusionary Zoning provision in the Land Development Regulations (Section 18.01). While the Affordable Housing Committee (AHC) would like to gain greater economic integration throughout the entire City, the AHC is only proposing to expand inclusionary zoning to the Transit Overlay District, and a few additional areas shown on the map attached at the end of the memo, at this time to ensure development during interim zoning includes an affordable component. Since inclusionary zoning is not an affordable housing production tool, but rather a tool for economic integration of affordable units into market rate projects where housing production is happening, now is an ideal time to incorporate it in the proposed areas. As a reminder, the 2016 Comprehensive Plan includes the following Ten-Year Affordable Housing Targets: “Based on the Affordable Housing Committee report’s recommendation, this plan includes targets of construction, by 2025, of 1,080 new affordable housing units - 840 housing units affordable to households earning up to 80% of the AMI and 240 housing units affordable to households earning between 80% and 120% of the AMI.” In the first three and half years of this Plan, 961 affordable units have been (or soon will be) constructed, and 105 units at Dorset Commons will now 1 Cathedral Square on Market Street (39 units); CHT on Market Street (42 units); Quarry Hill Road (13 units); Shenk on Market Street (2 units) 2 remain affordable. At this rate (57/year v. 108/year) the City will fall well short of the 1,080 affordable housing target by 2026. Also at the same time, the City has seen demolitions of naturally occurring affordable housing. It is not likely that inclusionary zoning will meet the target on its own, but it will certainly help. Proposed Inclusionary Zoning Program Structure (see page two for examples): 1. Required for projects with 12 or more new dwelling units (18.01 (B)(2)). 2. 15% of units must be affordable in perpetuity to the following household area median income (AMI) targets (18.01 (C)(1)): a. For rental units: available at or below 80% AMI a. For ownership units: available at or below 100% AMI 3. Developer Offsets and Incentives are critically important because the program should not slow the overall production of housing and the City is obligated to provide offsets to accommodate the developers provision of a public good. This proposal includes one additional market rate unit for every one inclusionary unit (18.01 (F), (G) and (H)) and parking requirements for inclusionary units are “no greater than one space per unit” (18.01 (I)). 4. Alternatives available to developer (18.01 (E)): land dedication in lieu of inclusionary unit construction and off-site construction of inclusionary units. No fee-in-lieu is proposed. EXAMPLES Project Size (dwelling units) Inclusionary Zoning Units Required (dwelling units) Offset and Potential Bonus Density Units Total Dwelling Units in Project Area Median Income (AMI) Target (example using 2019 income figures) Example 1 - rental 20 3 3 23 3 units at 80% AMI: $1,375 Max Rent (1-bedroom unit) Renter Income Examples: • If a 1-person household, the household income will be no more than $51,350 at move in. • If a 2-person household, the household income will be no more than $58,650 at move in. Example 2 - ownership 50 8 8 58 8 units at 100% AMI: $281,500 Max purchase price (2-bedroom unit) Homebuyer Income Examples: • If a 2-person household, the household income will be no more than $73,300 at purchase. • If a 3-person household, the household income will be no more than $82,500 at purchase. 3 Maximum Rental Prices Maximum Purchase Price for Homeownership2 For reference: What Maximum Rents and Price Points would look like in 2019 Income level (% of median income) Studio One bedroom Two bedroom One bedroom Two bedroom Three bedroom Burlington-South Burlington Metropolitan Statistical Area Median Family Income 80% 1,283 1,375 1,650 N/A N/A N/A 100% N/A N/A N/A 234,000 281,500 325,500 Actual Rents and Purchase Prices for NEW Construction for Comparison Typical Rents for NEW Construction in Chittenden County for Comparison3 Median NEW Sale Prices: 1,200 to 1,500 1,250 to 1,700 $1,650 to $2,300 Not Available 329,900 416,500 Larkin: Lowest NEW Sale Prices: $1,875 to $2,100 Quarry Hill: Not Available 329,900 339,500 $1,550 to $1,675 Actual Rents and Purchase Prices for ALL Homes for Comparison Average Market Rate Rent4 2018 Avg. Condo Sale Price (MLS) = $251,165 941 1,076 1,312 2018 Avg. Single Family Home Price (MLS) = $436,082 Additional Resources: 1. South Burlington Inclusionary Zoning Program Administration Forms/Documents attached to the end of the draft bylaw amendments. 2. State enabling statute for Inclusionary Zoning (24 VSA § 4414(7)): https://legislature.vermont.gov/statutes/section/24/117/04414 3. Inclusionary Housing Resources by Grounded Solutions: https://inclusionaryhousing.org/ 2 In housing developments with homeowner or condo association fees, the required purchase prices are going to be lower than listed in this table to accommodate for the association costs that the renter or homeowner will have to bear. 3 Chittenden County, Allen, Brooks & Minor. December 2018 Report. From last three years. 4 Chittenden County, Allen, Brooks & Minor. December 2018 Report. 4 ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations ARTICLE 2 DEFINITIONS 2.02 Specific Definitions NOTE: These are new definitions relating to Inclusionary Zoning; they do not replace the Affordable Housing definitions that are currently in the Land Development Regulations (and included here for reference). Affordable housing. this shall mean either of the following: (A) Housing that is owned by its inhabitants, whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including principal, interest, taxes and insurance, is not more than thirty percent (30%) of the household’s gross annual income; or (B) Housing that is rented by its inhabitants whose gross annual household income does not exceed eighty percent (80%) of the median income for the Burlington-South Burlington Metropolitan Statistical Area (MSA), as defined by the United States Department of Housing and Urban Development, and the total annual cost of the housing, including rent, utilities, and condominium association fees, is not more than thirty percent (30%) of the household’s gross annual income This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). Affordable housing development. A housing development of which at least fifty percent (50%) of the units are affordable housing units. This definition, however, does not apply to housing projects covered under inclusionary zoning, pursuant to 24 VSA Section 4414(7). See Section 18.01 (Inclusionary Zoning). Household Size. The household size for an applicant seeking to rent or purchase an Inclusionary Unit is the total number of individuals (adults and children) that will live in the Inclusionary Unit, regardless of each individual household member’s relationship, if any, to other members of the household. Note, however, that South Burlington’s land development regulations prohibit five or more individuals age 18 or older from occupying a single dwelling unit when none of the five or more individuals is related to any other individual living in the dwelling unit. Household Income. The household income for an applicant seeking to rent or purchase an Inclusionary Unit is the total combined annual cash income, whether earned (for example, salary, wages, tips, or commissions) or unearned (for example, benefits, unemployment compensation, interest, dividends) of each household member. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations Inclusionary Housing. A designated percentage, as defined in Section 18.01, of dwelling units included in a development of 12 or more dwelling units that, as required: (1) have a sales or rental price at or below that corresponding to the Area Median Income level (AMI), 100% for ownership or 80% for rental (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted as required by these regulations; and (2) are occupied by households whose household income, at initial occupancy, does not exceed the targeted AMI level for a household of its size; and (3) have a sales or rental price that shall remain perpetually affordable at the AMI level, 80% or 100%, to which it was targeted. Inclusionary home ownership. a dwelling unit that is owned by its inhabitants: (1) whose sales price does not exceed the maximum price calculated based on a HUD formula using unit size (i.e. number of bedrooms) to define a unit-specific household size, which is then matched to the median income (100%, later referred to as the Area Median Income or AMI) for the Burlington- South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is owned by a household, whose household income, upon purchase, does not exceed the AMI target for a household of its size; and (3) whose purchase price shall remain perpetually affordable at the 100% AMI level; Note the unit-specific household size based on the number of bedrooms and the actual household size of the purchasing household do not have to be the same. Inclusionary rental housing. A dwelling unit that is rented by its inhabitants: (1) whose rental price does not exceed the maximum price calculated based on a HUD formula using unit size (i.e. number of bedrooms) to define a unit-specific household size, which is then matched to the median income (80%, later referred to as the Area Median Income or AMI) for the Burlington- South Burlington Metropolitan Statistical Area (MSA) (as defined by the US Department of Housing and Urban Development), to which the inclusionary unit is targeted; and (2) which is rented by a household whose household income, at initial occupancy, does not exceed the AMI target for a household of its size; and (3) whose rental price shall remain perpetually affordable at the 80% AMI level; Note the unit-specific household size based on the number of bedrooms and the actual household size of the renting household do not have to be the same. Inclusionary Unit. A dwelling unit that meets the requirements of dwelling units defined under Inclusionary Housing. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations 18. AFFORDABLE HOUSING STANDARDS 18.01 Inclusionary Zoning 18.02 Affordable Housing Density Bonus 18.03 Housing Preservation 18.01 Inclusionary Zoning A. Purpose. Inclusionary zoning to provide affordable and moderate income housing in the applicable locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article the City Center Form Based Codes District of the City of South Burlington has been adopted pursuant to 24 VSA § 4414(7) for the following purposes: (1) To be a City that is affordable for people of all incomes, lifestyles, and stages of life through the preservation and development of a variety of housing in diverse, accessible neighborhoods, consistent with the South Burlington Comprehensive Plan, as most recently amended; (2) To implement policies that support achievement of housing goals, objectives, and targets included in the South Burlington Comprehensive Plan as most recently amended; (23) To affirmatively address the current and anticipated need for affordable housing units among low- and moderate-income South Burlington households that pay more than 30% of their income on housing, as described in state law (24 VSA § 4303(1)); (34) To mitigate the impacts of market-rate housing development that is unaffordable to low- and moderate-income households on the cost and supply of land and infrastructure available for affordable housing development in the City Center Form Based Codes Districtapplicable locations; (45) To promote the integrated development of mixed-income housing in the applicable locationsCity Center Form Based Codes District, including a range of housing options needed to strengthen, diversify, and contribute to the vitality of City Center and the South Burlington community; (56) To ensure thatpromote the development of affordable housing opportunities that are available in the City Center Form Based Codes District, which is or will belocations accessible to goods and services and served by existing or planned public transit services; (67) To ensure that affordable housing units developed under inclusionary zoning remain perpetually affordable. (78) To provide integrated development incentives that contribute to the economic feasibility of providing affordable housing units, including eliminating maximum residential densities, minimum lot sizes, and minimum parking requirements for residential units within the City Center Form Based Codes District. B. Applicability (1) Zoning Districts and Locations. Inclusionary Zoning shall apply in the following areas: (a) All zoning districts that permit residential development and underlie the Transit Overlay District; ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (b) The parts of the Center City Form-Based Code district that do not underlie the Transit Overlay District; and (c) The land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the northerly direction. (2) Covered Development. Except as otherwise provided in this bylaw, the provisions of this section shall apply in the locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article within the City Center Form Based Codes District to any development, notwithstanding any phasing of the development, that will result in the creation of twelve (12) or more total dwelling units through subdivision, new construction, or the conversion of an existing structure or structures from non-residential to residential use. In addition, the provisions of this section shall apply to any development that will result in the creation of twelve (12) or more of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these regulations. When a development includes both residential dwelling units and housing units permitted as congregate housing, the number of required inclusionary units shall be determined by the sum of the residential units and the housing units contained in the congregate care facility. For purposes of this requirement, two or more developments shall be aggregated and considered as one development subject to this section if: (a) The developments are located on abutting properties; and (b) The developments are owned or controlled by the same person; and (c) Either: (i) The developments will undergo subdivision, construction, or conversion of an existing structure or structures from non-residential to residential use within the same five-year period, which period shall be measured from the date a proper and complete application is first submitted, or (ii) A master plan exists, as approved by the City, which includes two or more of the developments. (23) Exemptions. The following developments are exempt from these requirements: (a) Projects that are developed by an educational institution for the exclusive residential use and occupancy of its students. (b) Institutional, group homes or group quarters housing, including long-term care facilities. (c) The redevelopment of existing dwelling units in a project that produces no additional units. C. Inclusionary Units (1) For covered development, at least five fifteen percent (15%) of the total dwelling units offered for rent or sale, including units offered for sale in fee simple, shared, condominium or cooperative ownership, shall be affordable to households. While there is no requirement for inclusionary units to be offered as either rent or sale, prior to or upon request for the Certificate of Occupancy the applicant shall provide whether the inclusionary units will be used for rental or for purchase so that the City, or their designee, may confirm that the offered rents or prices meet these requirements prior to issuance of the Certificate of Occupancy. The rents or price shall be affordable to the income limits having incomes as follows:no greater than 80% of the area median income (AMI) adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations than 100% of the AMI adjusted for household size. An additional five percent (5%) of the total dwelling units shall be affordable to households having incomes no greater than 120% of the AMI adjusted for household size. (a) For inclusionary units offered as rental, the inclusionary units must be affordable to households having incomes at or below 80% AMI as defined in Section 18.01(D)(2). (b) For inclusionary units offered as home-ownership, the inclusionary units must be affordable to households having incomes at or below 100% AMI as defined in Section 18.01(D)(2). (c) Where the application of this formula the 15% requirement results in a fractional dwelling unit, that fractional dwelling unit shall be rounded to the nearest whole number (fractions that are greater than n.00 but less than n.50 are rounded down; fractions that are greater than or equal to n.50 but less than n+1.00 are rounded up). (b) When the developer proposes to build at least 12 but fewer than 17 housing units, the requirement will be to include two (2) affordable dwelling units one of which shall be affordable to households whose incomes are no greater than 80% of AMI adjusted for household size and the other shall be affordable to households whose income is no greater than 100% of AMI adjusted for household size. (c) When the developer is required to build a number of affordable dwelling units where the number of affordable dwelling units calculated by multiplying the total number of units by 15% is not evenly divisible by three, the first “remaining” dwelling unit must be affordable at the 80% AMI level adjusted for household size and, where applicable, the second “remaining” dwelling unit must be affordable at 100% AMI level adjusted for household size. Example: The developer is required to build 13 affordable dwelling units. Four dwelling units must be affordable at the 80% of AMI adjusted for household size, four dwelling units must be affordable at the 100% of AMI adjusted for household size; four dwelling units must be affordable at the 120% of AMI adjusted for household size; and the “remaining” dwelling unit must be affordable at the 80% AMI adjusted for household size. (2) Inclusionary units required under this section shall be: (a) Constructed on site, unless off-site construction is approved under Subsection (E)(1)(b) (Off- Site Construction) of this Article, and integrated among market rate units in the development. (b) Similar in architectural style and outward appearance to market rate units in the proposed development. (i) Inclusionary units shall be constructed with the same exterior materials and architectural design details used in market rate construction. Similar exterior amenities and landscaping shall also be provided. However, the exterior dimensions of the inclusionary units may differ from those of the market rate units. (ii) Inclusionary units shall be no less energy efficient than market rate units; ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (iii) iInclusionary units may differ from market rate units with regard both to interior amenities and to gross floor area. The average (mean) gross floor area of all inclusionary units, however, shall not be less than 70% of the average (mean) gross floor area of market rate units. (iv) Inclusionary units developed as part of a single-family housing development may be accommodated in duplexes or multi-family dwellings that resemble the market rate single-family dwellings, as allowed within the City Center Form Based Codes District except where multi-family dwellings are not permitted. Inclusionary units developed as part of a housing development that includes duplexes, triplexes, four-plexes or other multi-family dwellings may be of varied types. (v) The number of bedrooms in inclusionary units shall be the same as the number of bedrooms in the market rate units, on a proportional basis. Therefore, as an example, if 50% of the market rate units have 1 bedroom, and 50% have 2 bedrooms, at least 50% of the inclusionary units shall have at least 1 bedroom and the remainder, if any, shall have at least two bedrooms. (c) Constructed and made available for occupancy concurrently with market rate units unless the Administrative Officer or Development Review Board, based on documentation from a financial institution denying financing, or physical site constraints, approves a plan allowing non-concurrent construction of the affordable units. Buildings containing the last 10% of market rate units shall not receive certificates of occupancy until certificates of occupancy are issued for all buildings containing inclusionary units, including when the inclusionary units are provided off-site as provided for in Subsection (E)(1)(b) (Off-Site Construction) of this Article. D. Affordability Requirements. The bases for determining maximum rental and purchase prices for inclusionary units and applicant rental or purchaser household eligibility for accessing inclusionary units under this section are described below. The data used to determine the incomes, rents and purchase prices are updated annually by U.S. Department of Housing and Urban Development (HUD). The Vermont specific data is updated on the Vermont Housing Data website, managed by the Vermont Housing Finance Agency, in a table titled “Maximum rent and purchase price affordability thresholds by income and household size”. Refer to this table in administration of this section1. (1) Affordability Determinations. Inclusionary units required under this section shall be affordable and marketed to income-eligible eligible households as follows (a) Maximum rent and purchase prices. (a) For rentals, the maximum monthly rent for an inclusionary unit is one-twelfth of 30% of the targeted Area Median Income (80%) corresponding to the size of the specific unit (measured in number of bedrooms). This is the maximum monthly amount that may be charged for rent that includes all of the rental housing costs, as defined herein. When any component of the rental housing costs is excluded, the maximum rent allowed is reduced accordingly. (b) For homeownership, the maximum monthly homeownership cost for an inclusionary Unit is one-twelfth of 30% of the targeted Area Median Income (100%) corresponding to the size of the specific unit (measured in number of bedrooms). This is the maximum monthly housing cost total for sales units, as defined herein. 1 VHFA’s maximum rent and purchase price affordability thresholds by income and household size table for 2018: https://www.housingdata.org/documents/documents/purchase-price-and-rent-affordability.pdf. Use the latest years table for determining the purchase prices. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (a)(c) Maximum rent and purchase price calculation. Maximum Rents and Purchase Prices for Inclusionary Units are calculated based on three components: housing costs, area median income targets, and the number of bedrooms in the inclusionary unit. Housing costs for inclusionary units shall not exceed 30% of annual household income, adjusted for household size. i. (i) Housing costs used to calculate the affordability of inclusionary units shall include: (a) For rental units – rent (inclusive of any condominium or homeowners’ association fees) and utilities (water, electricity and heating costs). (b) (ii) For sale units – mortgage principal and interest, annual property taxes, average annual homeowner’s insurance premiums, and average annual mortgage insurance premiums, and 50% of annual condominium or homeowners’ association fees. i. (b) Income eligibility shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The AMI shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. ii. Area Median Incomes (AMI) Targets. The U.S. Department of Housing and Urban Development (HUD) estimates the Area Median Income for households residing in the Burlington-South Burlington Metropolitan Statistical Area (MSA) and, in addition, for households of varying sizes residing in the MSA. HUD also calculates AMI ratios, including 80% and 100% of AMI, for households of varying sizes in the MSA. HUD publishes this AMI-based annual household income information annually. Maximum rents and sales prices shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (iii) Number of bedrooms. Rental and purchase prices of inclusionary units are not linked to the size of the household that rents or purchases the inclusionary unit. Number of bedrooms is used to define a household size linked to the specific unit. The use of “number of bedrooms” for this purpose is explained under the Vermont Housing Data website’s annual maximum rent and purchase price tables. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations Table 18-1 HUD Formula for Determining Maximum Rents and Purchase Prices Unit Size Household Size Equivalent2 Efficiency/Studio 1 One-Bedroom Unit 1.5 Two-Bedroom Unit 3 Three-Bedroom Unit 4.5 Four-Bedroom Unit 6 (d) With respect to inclusionary units offered for sale, sale prices shall be calculated based on an available fixed rate, 30-year mortgage, consistent with a blended rate for banks or other lending institutions offering mortgages in South Burlington, or a lower Vermont Housing Finance Agency (VHFA) rate if the developer can guarantee the availability of VHFA mortgages at this rate for all required inclusionary units. The calculated price shall assume a down payment of no more than 5% of the purchase price. (2) Renter and Home-buyer Income Eligibility. Income eligibility for an applicant household is determined based on three components: Household Size, Household Income and Annual Median Income (AMI) targets for Inclusionary Units. Household Size and Household Income are included in Article 2 DEFINITIONS. The AMI amounts for applicants seeking to rent or purchase an Inclusionary Unit shall be determined using the most recent HUD-published income guidelines available at the time the unit is available for occupancy. (a) For renters, households regardless of household size, are eligible for inclusionary units offered at the targeted 80% AMI so long as their combined household income does not exceed those AMIs. (a)(b) For home-buyers, households regardless of household size, are eligible for inclusionary units offered at the targeted 100% AMI so long as their combined household income does not exceed those AMIs. 2 The maximum allowable rent or sales price is based on the designated AMI level (80%, 100%, or 120%) corresponding to the “Household Size Equivalent” in the table above that matches the number of bedrooms in the housing unit. The result is that the maximum rent or sales price for a particular affordable unit is the same for all eligible households seeking to rent or purchase that affordable housing unit. For example, the maximum rent or sales price for a one-bedroom inclusionary unit is determined using the average of the applicable AMI level for one- and two-person households. Note that the applicant household’s income is not used to determine the maximum rent or sales price of a particular inclusionary housing unit. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (3) Flexibility between maximum rent and purchase prices and eligible renter or purchaser households. (a) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose rent or purchase price is linked to a household size (derived from number of bedrooms) that is not the same as the Eligible Household’s size. Examples: ● a two-person household may purchase a three-bedroom house or condominium. ● a three-person household may rent a one-bedroom apartment. (b) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose AMI target is higher than the Eligible Household’s AMI percentage. Examples: ● a three-person household whose income is 70% of AMI (for its household size) may rent an apartment whose rent is targeted to 80% of AMI. ● a two-person household whose income is 90% of AMI (for its household size) may purchase a condominium or house whose price is targeted to 100% of AMI. (c) Eligible renter or purchaser households may rent or purchase an Inclusionary Unit whose housing costs exceed 30% of the Eligible Household’s income. (4) Alternative Eligibility Criteria. When the City partners with an affordable housing organization, eligibility may be determined in accordance with program-based eligibility requirements established by the partner housing organization. (25) Continued Affordability. An inclusionary unit shall remain affordable in perpetuity commencing from the date of initial occupancy, through a deed restriction, restrictive covenant, or through purchase by or a contractual agreement with a local, state or federal housing authority or nonprofit housing agency, to be reviewed by the City Attorney and approved by the City Manager prior to recording in the City of South Burlington Land Records. Any deed restriction, covenant or other instrument or agreement ensuring the continued affordability of inclusionary units shall include: (a) Resale Restrictions. Provisions to ensure the affordability of units offered for sale shall include a formula for limiting equity appreciation to an amount not to exceed 25% of the increase in the unit’s value, as determined by the difference between fair market appraisals of the unit at the time of purchase and the time of resale, with adjustments for improvements made by the seller and the necessary costs of sale, as may be approved by the City Manager. ; In addition, the City shall have the option to purchase or transfer its option to purchase owned inclusionary units at each future time of resale. (i) The seller or his/her representative shall notify the City Manager or his/her designee of the prospective sale of an owned inclusionary unit; (ii) The City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, shall then have an exclusive option for thirty (30) days to purchase the owned inclusionary ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations unit from the seller at a price consistent with the requirements of this subsection unless waived or transferred; (iii) If the City Manager or his/her designee, in consultation with the members of the Housing Trust Fund, fails to exercise such option by failing to negotiate and sign a purchase and sale agreement for purchase of the owned inclusionary unit, or declaring an intent not to exercise such option, the seller shall offer the owned inclusionary unit for purchase to income-eligible households in accordance with the requirements of subsection 18.01(D) (Affordability Requirements). (iv) If the City Manager or his/her designee fails to close on the owned inclusionary unit by the last day of the 30-day option period, the seller shall offer the owned inclusionary unit for purchase to households for the price per lot consistent with the requirements of this subsection; (v) On or before a purchase and sale agreement is executed between the seller and the City Manager or his/her designee, s/he may assign the City’s option specified in this subsection to purchase the owned inclusionary unit to a 501(c)(3) organization whose primary purpose is the development of affordable housing. Upon the decision to exercise this transfer option, the City Manager or his/her designee shall notify the seller of such assignment and the organization to which the City has assigned the option, which organization shall deal directly with the seller and shall have all of the authority of the City Manager, as provided under this subsection. (b) Rent IncreasesChanges. Provisions to ensure the affordability of rental units shall require that limit annual rent changes not exceedincreases to the percentage increase change in the median household income within the Burlington-South Burlington MSA, when the change is an increase; and that annual rent changes match the percentage change in the median household income within the Burlington-South Burlington MSA, when the change is a decrease. An exception to the limit on increases or required decreases is permitted to the extent that further increases or delayed decreases are made necessary by documented hardship or other unusual conditions. , and shall provide that no rent increase Such exceptions may not take effect until it has received the written approval of approved in writing by the City Manager; (c) Sublet Restrictions. Provisions for inclusionary rental units shall prohibit the subletting of units at rental rates that exceed affordability limits established pursuant to this section. (36) Reporting Requirements. Annually, the owner of a project that includes inclusionary rental units shall prepare and submit a report to the City Manager that lists the gross rents charged for inclusionary units and the household move-in incomes of unit tenants, and certifies that unit affordability has been maintained as required. E. Developer Options (1) Options (a) and (b) below are available to developers, upon request, as necessary to address documented financial hardships based on documentation from a financial institution denying financing or physical site constraints that limit or preclude the incorporation of inclusionary units within a covered development. Options (c) and (d) are available to the developer at his or her discretion. A payment or contribution in lieu of constructing required inclusionary units shall be prohibited. (a) Dedication. The South Burlington City Council, in consultation with the entity designated by the City Council (for example, a permanent South Burlington Affordable Housing Committee or South Burlington Affordable Housing Board), may accept as an alternative to the development of inclusionary units, a dedication by the developer of equal or greater value that furthers the purposes of this section. An example might be the donation of developable land in the City Center Form Based Codes District that provides accessibility to transit, employment opportunities, and services. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (b) Off-Site Construction. The developer of a covered development may comply with the requirements of this section by constructing, within two years of receiving a permit for the covered development, the required number of inclusionary units on another site within the same contiguous boundary of the zoning district in which the covered development is locatedCity Center Form Based Codes District, or contracting with another entity to construct the required number of units within the same contiguous boundary of the zoning district in which the covered development is located. This condition shall not be considered satisfied until certificates of occupancy have been issued for all off- site inclusionary unitsin the City Center Form Based Codes District. (c) A developer who constructs inclusionary units having three bedrooms shall receive credit for three inclusionary units for every two three-bedroom inclusionary units constructed. (d) A developer who constructs inclusionary units having four bedrooms shall receive credit for four inclusionary units for every two four-bedroom inclusionary units constructed. F. Offset for Fulfillment of Inclusionary Unit Requirements (1) Residential Unit Offset. To offset an applicant’s fulfillment of this Section’s inclusionary unit requirement is an allotment of one additional dwelling unit for each required inclusionary unit that is constructed. This offset shall not be provided for any required unit for which the developer receives approval for the Dedication as described in 18.01 E.(1)(a) herein. (a) Offset residential units are not subject to the inclusionary affordability requirements. (b) The offset described above shall be approved as long as the total housing units in the specific covered development does not result in non-compliance with Section 15.02(A)(4). Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units. The developer shall receive an offset of four (4) additional dwelling units (total of 28 dwelling units). Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units. The developer shall receive an offset of five (5) additional dwelling units (total of 41 dwelling units). The resulting density will be 13.67 dwelling units per acre. The five-dwelling-unit bonus represents a 14% increase over the maximum units permitted without the density bonus. G. Density Bonuses for Exceeding Inclusionary Housing Requirements (1) Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is permitted. However, density is not a dimensional requirement in the City Center Form Based Code districts, therefore this section is not relevant in those districts. (2) Density Bonuses. When an applicant has voluntarily included more than the number of inclusionary units required under Section 18.01.C.1, the covered development shall, upon request of the applicant, include an additional density bonus over the base zoning density. The density bonus ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations shall be one dwelling unit for each inclusionary unit included voluntarily. Density bonus dwelling units are not subject to the inclusionary affordability requirements. Example (1): In a 24-unit housing development on a six-acre plot in an R4 district, the developer is required to build four (4) inclusionary units but voluntarily adds four (4) additional inclusionary units. The developer shall receive an offset of four (4) dwelling units for the required inclusionary units and a bonus of four (4) dwelling units for the voluntary inclusionary units, for a total of eight (8) additional dwelling units and a total 32 units in the development. Example (2): In a 36-unit housing development on a three-acre plot in an R12 district, the developer is required to build five (5) inclusionary units but voluntarily adds three (3) additional inclusionary units. The developer shall receive an offset of five (5) dwelling units for the required inclusionary units and three (3) dwelling units for the voluntary inclusionary units, for a total of 8 additional dwelling units and a total 44 units in the development. H. Affordable Housing Density Bonuses for Developments with Fewer than 12 Dwelling Units (1) Applicability. This subsection applies in zoning districts or portions thereof as defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, in which residential development is permitted. However, density is not a dimensional requirement in the City Center Form Based Code districts, therefore this section is not relevant in those districts. (2) Density Bonus. For applications that include at least three (3) but fewer than twelve (12) dwelling units, where the developer has opted to construct one or more units that qualify as inclusionary at or below the 80% of AMI level, such approval shall, upon request of the applicant, include an additional density bonus over the base zoning density. The density bonus shall be one dwelling unit for each inclusionary unit included voluntarily. These bonuses apply to both rental and home-ownership developments with fewer than 12 units in which the developer voluntarily provides inclusionary units at the <80% AMI level. I. Parking Requirements. The number of parking spaces required for each inclusionary unit shall be no greater than one space per unit. FJ. Administration and Compliance (1) Application Requirements. In addition to other submission requirements applicable to proposed projects specified within this bylaw, applications under this section shall include the following information: (a) A site or subdivision plan that identifies the number, locations, types, and sizes of inclusionary units in relation to market rate units; (b) Documentation supporting the allocation of inclusionary and market rate units, including inclusionary unit set aside calculations; (c) A description of each unit’s type, floor area, number of bedrooms, estimated housing costs, and other data necessary to determine unit affordability; ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (d) A list of proposed options, if any, to be incorporated in the plan, as provided for under Subsection (E) (Developer Options) of this Article; (e) Documentation regarding household income eligibility; (f) Information regarding the long-term management of inclusionary units, including the responsible party or parties, as required to ensure continued affordability; (g) Draft legal documents required under this section to ensure continued affordability; (h) Construction timeline for both inclusionary and market rate units; and (i) Other information as requested by the Administrative Officer to determine project compliance with inclusionary zoning requirements. (2) Application Compliance Officer. The Administrative Officer (AO) is responsible for certifying, in writing, whether a development application is in compliance with the inclusionary zoning requirements specified in Subsection (FJ)(1) (Application Requirements) of this Article. In cases in which the AO determines the application is not in compliance, he or she shall specify the areas of non-compliance. (3) Application Review and Decision-Making. The Administrative Officer shall review and approve, approve with conditions, or deny applications for developments subject to the inclusionary requirements of Section 18.01 that are located in the City Center Form-Based-Code Districts. Depending on the approval authority of the base application either the Development Review Board or Administrative Officer shall review and approve, approve with conditions, or deny applications for developments subject to the inclusionary requirements of Section 18.01 that are located in the applicable locations defined in Subsection (B)(1) (Applicability - Zoning Districts and Locations) of this Article, excluding the City Center Form-Based-Code Districts. (4) Ongoing Compliance. The City of South Burlington Housing Authority, if any; another municipal entity; or a bona fide qualified non-profit organization, as determined by the South Burlington City Council, shall be responsible for the on-going administration of the inclusionary units as well as for the promulgation of such rules, regulations, and/or procedures as may be necessary to implement this program. The Housing Authority, other municipal entity, or non-profit organization shall define and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. (53) Program Evaluation. In order to monitor and track the success of inclusionary zoning in meeting the purposes of this section and the City’s affordable housing goals and targets, the City Manager shall: (a) Collect and maintain income eligibility guidelines, mortgage interest rate information, and other information necessary to meet the requirements of this section; (b) Monitor and maintain records regarding the status of inclusionary units developed under this Section 18.01; and (c) Prepare an annual written report for distribution to the South Burlington City Council and Planning Commission and posting on the City’s website, to be considered in a public meeting, that summarizes the status of covered projects and inclusionary units approved to date, and sets forth program findings, conclusions, and recommendations for any changes that will increase the effectiveness of inclusionary zoning. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations 18.02 Affordable Housing Density Bonus A. Purpose. One of the adopted Comprehensive Plan goals is the availability of quality housing and quality affordable housing to attract and retain a qualified work force. The following provisions are established to enable the City of South Burlington to ensure a supply of standard housing available at below-market rate purchase prices or rents. In this way, a choice of housing opportunities for a variety of income groups within the City can be created in accordance with the Comprehensive Plan and these Regulations. B. Applicability. This section shall apply in any Zoning District in which residential development is permitted, with the exception of the applicable locations defined in Section 18.01 (B)(1) (Applicability - Zoning Districts and Locations) of this ArticleCity Center Form Based Codes District. C. Density Increase. On a case by case basis and as part of the Planned Unit Development application, the Development Review Board may grant an increase in residential density over the base zoning density, in order to create below market rate housing. The density increases shall be approved on the following criteria and standards: (1) Affordable Housing Development. The Development Review Board may grant a density increase of no more than fifty percent (50%) in the total number of allowed dwelling units for an Affordable Housing Development. The total of below market rate units shall be at least half of the total proposed dwelling units. Where the total proposed dwelling units is an uneven number, the total of below market rate units shall be calculated as at least the total proposed dwelling units, less one (1), divided by two. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. (2) Mixed Rate Housing Development. The Development Review Board may grant a density increase of no more than twenty-five percent (25%) in the total number of allowed dwelling units for a Mixed Rate Housing Development. For each additional market-rate dwelling unit produced as a result of the density increase, one (1) comparable below market rate unit must be provided. Such application shall be subject to Article 14, Site Plan and Conditional Use Review, and Article 15, Subdivision and Planned Unit Development Review. Table 13-9 Example of Affordable Housing Bonus Calculation Affordable Project: Mixed-Rate Project: 50% of Total Units Affordable 25% of Bonus Units Affordable Acres 8.35 8.35 Base Density 12 12 Base Units 100.2* 100.2* Bonus Units 50 25 Total Units 150 125 Net Density 17.98 14.99 Affordable Units 74 13 Market Rate Units 74 112 *Partial units always round DOWN to the lower whole number of units ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations D. Criteria for Awarding Density Increase. In addition to the standards found in Article 14, Site Plan and Conditional Use Review, , and Article 15, Subdivision and Planned Unit Development Review, the following standards shall guide the Development Review Board: (1) The density upon which a bonus may be based shall be the total acreage of the property in question multiplied by the maximum residential density per acre for the applicable zoning district or districts. (2) Within the Residential 1 and Residential 2 zoning districts, the provisions of this Section 13.14 shall apply only to properties of five (5) acres or more, and the maximum allowable residential density with or without such a density increase shall be four (4) dwelling units per acre. (3) Development Standards. (a) Distribution. The affordable housing units shall be physically integrated into the design of the development in a manner satisfactory to the Development Review Board and shall be distributed among the housing types in the proposed housing development in the same proportion as all other units in the development, unless a different proportion is approved by the Development Review Board as being better related to the housing needs, current or projected, of the City of South Burlington. (b) Minimum Floor Area. Minimum gross floor area per affordable dwelling unit shall not be less than comparable market-rate units in the housing development. (c) Plan for Continued Affordability. The standards for Section 18.01(D)(25) shall apply. (4) Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non-profit organization shall be responsible for the on-going administration of the affordable housing units as well as for the promulgation of such rules and regulations as may be necessary to implement this program. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. E. Housing Types. The dwelling units may at the discretion of the Development Review Board be of varied types including one-family, two-family, or multi-family construction, and studio, one-bedroom, two-bedroom, three-bedroom and four-bedroom apartment construction. 18.03 Housing Preservation A. Purpose. The intent of this Section is to achieve one or more of these goals: (1) To promote the health, safety and general welfare of the community by preserving existing housing stock in residential neighborhoods, particularly the supply of affordable and moderately-priced homes through the use of housing retention requirements as referenced in South Burlington’s 2016 Comprehensive Plan; (2) To reduce and mitigate the demolition and conversion to nonresidential use or nonuse of residential structures, and to maintain housing that meets the needs of all economic groups within the City particularly for those of low and moderate income; (3) To meet the specific mandates of 24 V.S.A. Section 4302(11) related to housing opportunities for safe and affordable housing for all Vermonters and to meet the needs of the diverse social and income groups in each Vermont community; (4) To support the retention of housing units in the City; ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations (5) To promote the health safety and welfare of the community by preserving the residential character of neighborhoods; and, (6) To offset the loss of housing by requiring replacement of housing units with new construction, conversion of nonresidential to residential use or a contribution to the City of South Burlington Housing Trust Fund. B. Applicability. Except as otherwise provided in sub-section C (Exemptions), this Section 18.03 of these Regulations is applicable to the loss, demolition or conversion to a nonresidential use or nonuse (for example a vacant lot) of any dwelling unit in the City. This includes without limitation any of the following: (1) any dwelling unit that is demolished, removed, or declared unfit for habitation pursuant to any order, decision or other action of the City or State that is caused by unreasonable neglect or deferred maintenance of an existing or prior owner(s); (2) any dwelling unit that is demolished or removed pursuant to any municipal, State or Federal program, including any air traffic or airport noise mitigation and compatibility program; and/or, (3) the loss, demolition or conversion to nonresidential use or non-use of any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, except group homes, residential care facilities, or skilled nursing facilities as defined in these Regulations. C. Exemptions. This Section shall not be applicable to: (1) The redevelopment of a dwelling unit or any other form of permanent housing, including but not limited to housing units contained within a housing facility that is permitted as a congregate care facility, within a two (2) year period. Any applicant for a demolition permit seeking to avail themselves of this exemption shall be required to obtain a Certificate of Occupancy within two (2) years of the date of issuance of the demolition permit thereby demonstrating redevelopment of the dwelling unit and restoration of the residential use on the same parcel. (2) Any dwelling unit ordered demolished or declared unfit for habitation because of damage caused by civil commotion, malicious mischief, vandalism, natural disaster, fire, flood or other causes beyond the owner’s control. (3) Dwelling units existing in the following zoning districts: City Center Form Based Code, Industrial – Open Space, Mixed Industrial & Commercial, Swift Street, Institutional-Agricultural, Parks & Recreation, Municipal, Commercial 1-AIR, Airport, and Airport-Industrial. (4) The conversion of a duplex to a single-family home. (5) As of the initial effective date of this Section, any dwelling units: (a) For which the Burlington International Airport / City of Burlington has obtained Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding approval for the acquisition, demolition or removal pursuant to the FAA’s Part 150 Noise Compatibility Program. This includes the dwelling units identified in FAA AIP grant numbers, AIP-94, AIP-105, and AIP-109 whether or not these dwelling units have been purchased or removed as of January 1, 2018. (b) Indicated on the 2009 Burlington International Airport Part 150 Noise Inventory and Re-Use Plan “Proposed Property Acquisition Program” map, Figure 4: Detailed Acquisition Plan, dated April 23, 2009. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations See Appendix H for a complete listing of properties by address. (6) The removal of accessory dwelling units. D. Approval. Notwithstanding any other provision of these Regulations and unless otherwise exempt under sub-section C of this Section, no dwelling unit shall be removed, demolished, or converted to a nonresidential use or nonuse, without receipt of a zoning permit in accordance with this Section. In addition to any other submission requirements in these Regulations, the applicant shall submit as part of a zoning permit application under this Section: (1) A statement certifying the number of dwelling units to be demolished or converted to nonresidential use and the number of bedrooms existing within each of these units; (2) A demonstration of compliance with tenant or occupant notice and relocation provisions of applicable state and federal law; and (3) A demonstration of compliance with sub-section E, F and G (if applicable) of this Section. E. Housing replacement requirement. In addition to any other requirements for approval under these Regulations, approval of the zoning permit referred to in Sub-section D above requires the replacement of each dwelling unit that is to be removed, demolished, or converted to nonresidential use or nonuse with a replacement dwelling unit. Any dwelling unit approved under Section 18.01 or 18.02 shall not qualify as a replacement dwelling unit. This replacement requirement may be satisfied in one of the following ways: (1) Construction of a new dwelling unit in accordance with sub-section F of this Section; (2) The conversion of a non-residential building to residential use in accordance with sub-section F of this Section; or, (3) Contribution to the Housing Trust Fund. Payment to the City of South Burlington’s Housing Trust Fund for each dwelling unit that is removed, demolished, or converted to nonresidential uses or nonuse in an amount equal to twenty-five percent (25%) of the higher of (1) the most recent assed valuation the premises as modified by the CLA (Common Level of Appraisal) or (2) the most recent sales price of the premises. F. Replacement Dwelling Unit Requirement. In addition to the foregoing, all replacement dwelling units built pursuant to this Section must meet the following requirements: (1) Each replacement dwelling unit shall have at least the same number of bedrooms as the dwelling unit being replaced; (2) Each replacement dwelling unit must be located within the City of South Burlington; (3) Each replacement dwelling unit must receive a Certificate of Occupancy within eighteen (18) months of the date on which the zoning permit referenced in Sub-section D above is approved; (4) Each rental replacement dwelling unit(s) must be maintained either as a Group Home or as a leased “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations to prospective occupants who are income eligible at the time they first lease the unit, for a period of not less than twenty (20) years from the date of first occupancy. (5) Each non-rental replacement dwelling unit(s) must be offered for sale either: (a) At or below the fair market value of the dwelling unit that was removed, demolished, or converted to nonresidential use or nonuse, as determined either (i) by an appraisal provided by the ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations applicant, or (ii) by the City’s latest assessed value of the premises including the dwelling unit that was removed, demolished, or converted to nonresidential use or to nonuse; or (b) As an “Affordable Housing” unit, as that term is defined in Article 2 of these Regulations, to prospective purchaser/occupants who are income eligible at the time they purchase the unit. Any such unit shall be subject to a covenant restricting the sale of the dwelling unit for a twenty (20) year period to an owner/occupant who qualifies by income. (6) Income eligibility for replacement units described in this subsection shall be determined based on income guidelines, as adjusted for household size, published annually by the U.S. Department of Housing and Urban Development (HUD) for the Burlington-South Burlington Metropolitan Statistical Area (MSA), or on program-based income eligibility requirements established by a partnering housing organization. The income eligibility shall be determined using the most recent income guidelines available at the time a unit is available for occupancy. G. Performance Guaranty/Letter of Credit. When an applicant proposes to construct a new replacement dwelling unit or convert a non-residential building to a replacement residential unit, the applicant must post a performance guaranty in the form of a letter of credit, or other security acceptable to the City Attorney, in the amount equivalent to the amount the applicant would have been required to contribute to the City of South Burlington’s Housing Trust Fund if the applicant had chosen that option pursuant to Sub-section E(3), above. Such a performance guaranty shall be valid for no more than two (2) years, after which the full amount due shall be provided to the City of South Burlington’s Housing Trust Fund if a replacement dwelling unit satisfying the conditions of this Section has not been granted a Certificate of Occupancy as a dwelling unit. H. Administration. The City of South Burlington Housing Authority, if any, or a bona fide qualified non- profit organization approved by the City of South Burlington following demonstration of its qualifications shall be responsible for the on-going administration of this section as well as for the promulgation of such rules and regulations as may be necessary to implement this section. The Housing Authority or non-profit organization will determine and implement eligibility priorities, continuing eligibility standards and enforcement, and rental and sales procedures. I. Violations. In the event of a violation of this Section, an enforcement action in accordance with Article 17 shall commence and the requirements of this Section shall apply in addition to any other remedies available to the City by law. ARTICLE 18 AFFORDABLE HOUSING STANDARDS South Burlington Land Development Regulations NOTE - The following includes Inclusionary Zoning amendments to other LDR Articles: Article 15 SUBDIVISION and PLANNED UNIT DEVELOPMENT REVIEW 15.02 Authority and Required Review A. Authority (6) The modification of the maximum residential density for a zoning district shall be permitted only as provided in the applicable district regulations and/or for the provision of affordable housing pursuant to Section 18.01 and 18.02 13.14 of these Regulations. Article 17 ADMINISTRATION and ENFORCEMENT 17.03 Certificates of Occupancy A. Certificate of Occupancy Required. It shall be unlawful to use, occupy or permit the use or occupancy of any land or structure or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of occupancy has been issued therefor by the Administrative Officer. (1) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01 of these Regulations and the last 10% of market rate units included within a development covered by Section 18.01. (2) Certificates of Occupancy are required for inclusionary dwelling units constructed in accordance with Section 18.01(E)(1)(b), Off-Site Construction. B. Certificate of Occupancy Not Required. Certificates of occupancy shall not be required for single- family or two-family dwellings, except as specifically listed below: (1) Certificates of Occupancy are required for single and two family dwellings within the Floodplain Overlay (Zones A, AE, and A1-30) Subdistrict. (2) Certificates of Occupancy are required for inclusionary single and two-family dwellings within the applicable locations defined in Section 18.01(B)(1) (Applicability - Zoning Districts and Locations)City Center FBC District. (3) Certificates of Occupancy are required for dwelling units constructed in accordance with Section 18.03(C)(1) of these Regulations. (4) Certificates of Occupancy are required for replacement dwelling units built in accordance with Section 18.03 of these Regulations. Inclusionary Zoning Proposal South Burlington Affordable Housing Committee Recommendation to the Planning Commission August 27, 2019 What is Inclusionary Zoning? “Local inclusionary housing policies tie the creation of affordable homes for low-and moderate-income households to the construction of market-rate housing or commercial development.” Grounded Solutions Network •It is not an affordable housing production tool; it is a tool for economic integration of affordable units into market rate projects. •The tool can work well where housing production is happening; and can function as a land value capture policy. •https://inclusionaryhousing.org/inclusionary- housing-explained/what-is-inclusionary-housing/ Land Value Capture Policy With affordability requirements, communities can recover value generated from upzoning and “put it to work for the public, and benefit the people who would not otherwise be the beneficiaries of real estate development –and indeed have suffered from it in the past.” Rick Jacobus, principal at Street Level Advisors. Author of Inclusionary Housing: Creating and Maintaining Equitable Communities.Lincoln Institute 2015. Need for Housing •Job growth stymied •Employees leaving the county •Low rental vacancy rate •Residents paying too much for housing •Medical community identifies affordable housing as a top need in the community •Results from 2019 Young Professional Survey: 2016 Comprehensive Plan •The 2016 Comprehensive Plan goal: “…this plan includes targets of construction, by 2025, of 1,080 new affordable housing units -840 housing units affordable to households earning up to 80% of the AMI and 240 housing units affordable to households earning between 80% and 120% of the AMI.” Based on an annual rate of production thus far, the City is falling shy of this goal. •In addition, the County continues to fall short of the second goal of the Building Homes Together campaign—to build 140 affordable homes annually for five years, with only an average of 92 affordable homes per year. Certainly not the responsibility of any one municipality to cover the gap, but collectively we need to continue to do more. It’s Helping! “I can’t tell you what living here means to me. The opening came through just in the nick of time, when I was financially at the end of my rope and worried about what to do. Now I’m in this unbelievable place, where staff do so many nice things for us just out of the kindness of their heart. I feel so blessed, like someone is looking out for me. I will never take it for granted.” —Pat Kilgour Allard Square Resident It’s Helping! “You feel freedom,” Amela says. “We have kids –it was time to move out of an apartment and have a yard. Champlain Housing Trust was the only option for us [to own a home].” —Damir and Amela Nurkanovic Champlain Housing Trust Homeowner on Anderson Parkway Proposed Location •Already in the City Center Form Based Code District. •Additions include the Transit Overlay zoning districts that permit residential development; and the land in the vicinity of Hinesburg Road that does not underlie the Transit Overlay District and is bounded by Interstate 89 in the southerly direction and the Transit Overlay District in the northerly direction. Proposed Inclusionary Zoning Program Structure •Required for projects with 12 or more new dwelling units (18.01 (B)(2)). •15% of units must be affordable in perpetuity to the following household area median income (AMI) targets (18.01 (C)(1)): –For rental units: available at or below 80% AMI –For ownership units: available at or below 100% AMI •Developer Offsets and Incentives are critically important because the program should not slow the overall production of housing and the City is obligated to provide offsets to accommodate the developers provision of a public good. This proposal includes one additional market rate unit for every one inclusionary unit (18.01 (F), (G) and (H)) and parking requirements for inclusionary units are “no greater than one space per unit” (18.01 (I)). •Alternatives available to developer (18.01 (E)): land dedication in lieu of inclusionary unit construction and off-site construction of inclusionary units. No fee-in-lieu is proposed. Examples Base Units IZ Units Offset/ Bonus Units Total Units Area Median Income (AMI) Target (example using 2019 income figures) Rental 20 3 3 23 3 units at 80% AMI: $1,375 Max Rent (1-bedroom unit) Renter Income Examples: •If a 1-person household, the household income will be no more than $51,350 at move in. •If a 2-person household, the household income will be no more than $58,650 at move in. Owner- ship 50 8 8 58 8 units at 100% AMI: $281,500 Max purchase price (2-bedroom unit) Homebuyer Income Examples: •If a 2-person household, the household income will be no more than $73,300 at purchase. •If a 3-person household, the household income will be no more than $82,500 at purchase. Price Point Comparisons Maximum Rental Prices Maximum Purchase Price for Homeownership For reference: What Maximum Rents and Price Points would look like in 2019 Income level (% of median income) Studio One bedroom Two bedroom One bedroom Two bedroom Three bedroom Burlington-South Burlington Metropolitan Statistical Area Median Family Income 80%1,283 1,375 1,650 N/A N/A N/A 100%N/A N/A N/A 234,000 281,500 325,500 Actual Rents and Purchase Prices for NEW Construction for Comparison Typical Rents for NEW Construction in Chittenden County for Comparison Median NEW Sale Prices: 1,200 to 1,500 1,250 to 1,700 $1,650 to $2,300 Not Available 329,900 416,500 Larkin: Lowest NEW Sale Prices:$1,875 to $2,100 Quarry Hill: Not Available 329,900 339,500$1,550 to $1,675 Actual Rents and Purchase Prices for ALL Homes for Comparison Average Market Rate Rent 2018 Avg. Condo Sale Price (MLS) = $251,165 941 1,076 1,312 2018 Avg. Single Family Home Price (MLS) = $436,082 Questions? PUD/Master Plan / Subdivision ProjectPlanning Commission ScheduleWorking Document 8/23/2019Working Project Schedule ‐ PUD/MP/Subdivision Project1‐15 16‐31 1‐15 16‐28 1‐15 16‐31 1‐15 16‐30 1‐15 16‐31 1‐15 16‐30 1‐15 16‐311‐15 16‐31 1‐15 16‐30 1‐15 16‐31 1‐15 16‐30 1‐15 16‐31 1‐15 16‐31 1‐15 16‐291‐15 16‐31 1‐15 16‐30 1‐15 16‐31 1‐15 16‐30Component ElementSubdivisionProcess and Administration●StandardsConnections (blocks & perimeters)●Traffic Impact●Natural Resources○ ○ PC Determine how to integrate IZ work, studies●Conformance with Plan Objectives●Street types● Integrate into subdivision ●Planned Common Open Space ● Integrate into subdivision ●TDR Corrective Amendments●●TDR Interim Zoning Committee Regulations●Master PlanMaster Plan outline ●Process and Administration●Project Phasing●Land Use Allocations●General layout requirements●Build‐out budgets (lot coverage, traffic, parking)●Site PlanProcess and Administration●Site Access●Building layout (placement, form)●Circulation ‐ vehicles, pedestrians, bikes●Parking standards●Site‐specific open space (amounts)○●Delineated natural resources○PC decision pointsOther elements if not in subdivision or PUDUnderlying Zoning DistrictsPurpose StatementsPC decision point on integration with IZ workAlignment / consolidation of zoning districtsPC decision point on integration with IZ workInclusionary Zoning requirements●Tidy‐up of LDRs●Planned Unit DevelopmentsPUD outline◊Process & Administration◊●Conservation PUD Type●Traditional Neighborhood PUD Typebeing confirmed●Neighborhood Commercial PUD Typebeing confirmed●Campus PUD typebeing confirmed ●Infill PUDs◊being confirmed ● ●Street Types○Building TypesOpen Space Types ●●Performance Zoning & Bonus Criteria◊●Form Based Code Amendments●●Graphics, layouts, etc.●Testing of PUD StandardsPublic Outreach❶❶ ❶LEGEND● Commission completion◊Consultant Draft Delivered❶ Coordination meeting of Council, PC, and IZ Committees❷ Planning Commission Public Outreach on Full DraftUnder Review by a CommitteeStaff / Consultant WorkPlanning CommissionCity CouncilApril May JuneLink to Nat ResourcesPreviously CompleteFebruary March April MayJuly August SeptemberJuneJanuaryMarchOctober November December January February 8/23/2019 Adopted Planning Commission Work Plan FY 2019 Update 8/23/2019123456789M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals1 I‐89 Bike / Ped Crossing Scoping project for bike/ped bridge InputFunded and underway 2017‐2018First Phase Complete Complete01. Bringing City Center AliveOpportunity Oriented1 City Center guidance & directionProvide guidance on design / planning priorities in City Center in support of the City Council; includes UPWP work to evaluate parking and movement (approved spring '18)Prioritize City Center guidance & development ongoing and as neededPrioritization ongoing and as neededCouncil & Commission priorityongoing ongoing01. Bringing City Center AliveOpportunity Oriented1Zoning Amendments‐ Initial requestsInitial requests from the public to consider amendments; determination of next actionAlways mindful of impact on work planPerform initial Reviews, decide what to do with eachInitial reviews per policyN/ANew requests presently on hold07. Community EngagementOpportunity Oriented1 Planning Commissioner itemsWould set aside time for Commissioners to bring new or different ideas to the Commission not specifically related to a project in the annual work planJessica: ongoing N/A07. Community EngagementOpportunity Oriented1 Meet with DRB Annual meetings with DRB Planned for Jan 2019 Annual Have not met in 201907. Community EngagementOpportunity Oriented1Provide input to Capital Improvement ProgramAnnual Capital Improvement Plan Input Annual Input for 2020 in August 06. Walking the walkAffordable & Community Strong1 Williston Road Network Study(1) set/ revise location of planned supporting streets, (2) revise FBC & Official Map to match, (3) possibly revise how buildings and streets are related in the FBCPrioritize for completion in FY 19AdoptionPart of overall City Center effortsFBC Committee examinining parts01. Bringing City Center AliveWalkable1Master Plan / Planned Unit Developments (& related)Would set new standards for most new large scale development, including revised Master Plan thresholds & procedures and PUDTypes. Includes (1) creating clear Master Plan process, thresholds, & benefits, (2) creating 4‐8 Planned Unit Development types with clear review criteria & standards for development, (3) clean‐up of related LDR language ‐ subdivisions, PUDs, Site Plan, building heights, etc., and (4) significant public outreachBring to completion in early FY 19; likely small residuals and cleanups will followAdopt Master Plan & up to 4 PUD typesFunded using City Funds; Highly anticipated by array of stake‐holders. 75% Ongoing02. Sustainable, Quality Land UseAffordable & Community Strong1 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals101112131415161Transportation Overlay District UpdateReplace the existing traffic overlay district that sets a cap on rush‐hour vehicle trips along major roadways with new tools to encourage multi‐modal investment and changes in travel modes. Includes providing consultants & project team with broad direction for desired outcomesComplete project started in 2016Adoption Funded 2017‐2018 75%Staff working with consultant on standards & construction priorities03. Transportation, SmartlyWalkable1 Traffic Impact Fee UpdateReplace the existing ordinance with new tools to encourage multi‐modal investment and changes in travel modesComplete project started in 2016Recommendation to CouncilFunded 2017‐2018 75%Staff working with consultant on standards & construction priorities03. Transportation, SmartlyOpportunity Oriented1Tilley / Kimball / Community Drive Transportation & Land Use StudyIterative development of a transportation & land use plan for this part of the City: (1) presentation of current conditions and anticipated amount of development; (2) review and approve Purpose & Need; (3) discuss future transportation / land use scenarios to study; (4) review recommended approach & projects; (5) set table for future project to update zoning to reflect priorities and coordinate with transportation planComplete project started in 2016Review existing conditions, approve purpose and need, provide feedback on scenarios and recommended next stepsPhase II funded 2017, Phase III funded 201870% Developing outreach plan03. Transportation, SmartlyOpportunity Oriented1Fixes to zoning and LDRs per PUD projectDevelopment of PUD regulations has highlighted areas for adjustments to underlying zoning as well as technical and policy adjustments to the LDRs in support of PUD provisionsConnected to the PUD projectMost fixes; excepting those listed as next steps in staff memo65% Ongoing10. Foundations of zoningClean & Green1Wildlife / natural resources standardsWould establish more clear review criteria for conservation of wildlife, landscape, natural resource standards on individual parcels. Project was 50% completed in 2010Could pick back up with guided assistance from NRC. Would tie in nicely with PUD standards. Jessica: continue work with support from NRCCCRPC set aside hours in FY19 to do work50% Ongoing09. Conserving Natural ResourcesClean & Green1 Scoping of 4 Bike / Ped ProjectsPrepare scoping studies of four city‐led projects identified by the Bike Ped CommitteeSmall project for PC: review Purpose & Need, host final presentationPurpose & Need and preferred alternatives approvedFunded 2017‐2018 complete complete03. Transportation, SmartlyWalkable1Updates to LDRs to promote affordable housingWould examine and implement various zoning tools to promote housing, such as bonuses, inclusionary zoning, cottage housing, accessory units, etc.This is largely being taken on by the Affordable Housing Committee; PC to reserve time for review and possible adoptionadoption 90% (for inclusionary) Inclusionary 8/201905. Supporting AffordabilityAffordable & Community Strong2 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals17181920212223241 Scenic ViewsEstablish scenic view protection overlays, including a methodology, analysis of priorities, and standards for foreground, middle ground, and backgroundlets get 1‐2 done!Adoption of 1‐3 scenic views, steps toward additional protectionsCommission priority 15% No significant progress09. Conserving Natural ResourcesClean & Green1 Airport Noise Compatibility PlanProvide input on draft Airport Noise Compatibility Plan when it is complete small but important project for the CityProvide inputAirport to release draft plan in FY 1975% Coucnil has provided input04. Strong NeighborhoodsAffordable & Community Strong1Scoping of 4 Bike / Ped Projects‐ CrossingsPrepare scoping studies of four city‐led projects identified by the Bike Ped Committee‐ UPWP 2019Prioritize for reviewPC to review and approve purpose and need statementFunded 2018‐2019 complete complete03. Transportation, SmartlyWalkable1Projects that Arise through the yearReserving time for other projects that fall within the PC's area of responsibility07. Community Engagement2 Update City‐Wide Official MapUpdate the official map from its current 2004 edition. Smaller project would be to align with Comprehensive Plan, medium project would incorporate bike‐ped committee recommendations, larger project would be to streets & public spaces citywide. Includes review of East‐West RoadsPrioritize for completion in FY 19. Official Map was last updated in 2004 and is out of date.Completion & AdoptionNeeds update to be consistent with other City Planning Documents and reflect Comp Plan goals30% no change in status02. Sustainable, Quality Land UseOpportunity Oriented2 Redefine Open Space citywideWould replace the lot coverage standards citywide with intentional open space, similarly to how the FBC has done this. Ties into the PUD project for larger parcels, and has some of the work completed from the 2014 open space report.Prioritize for completion in FY 19Adoption 35%open space types have been developed; not amounts or applicability04. Strong NeighborhoodsClean & Green3Organizing for managing larger projects, including developing a policy for support committees providing draft policiesDevelopment of Commission policies and procedures for how to farm projects out to Committees of the CityBring to completion in early FY 19Policy adoption ongoing ongoing 08. Capacity Building Opportunity Oriented3 River Corridor StandardsWould update the City's stream buffer requirements to be consistent with river corridor planningPBC ‐ looks like there won't be much hereAdopt any changesFunded 2017‐2018 95%PC approved; council hearing 9/1608. Capacity Building Clean & Green3 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals252627282930313Parking Standards outside City CenterWould re‐evaluate parking requirements Citywide. Could be a smaller project to do an overall reduction of requirements, or a larger project that looks at how to incentivize changes. Could include Park & RidesOversized parking requirements are placing unwanted restrictions on redevelopment; PC gave staff direction to reach out to developers with concepts; staff has been doing soAdoption of new stds95%PC approved; council hearing 9/1603. Transportation, SmartlyWalkable3Gap and future needs Analysis Parks, TransportationWould determine future park space needed throughout the city and how to access it for the coming decades. Some of this baseline work was done in the 2014 Open Space reportPerhaps Rec & Parks could look at this as part of the Official Map updateSeek funding source10% no change in status04. Strong Neighborhoods3 Full review of UVM PropertiesWould consider possible amendments to the I/A zoning district in conjunction with UVM for right‐sizing the zoning for all of their landsPrioritize for completion in FY 19. Have contacted UVM; awaiting response week of June 3rdAdopt adjusted zoning map and related table of uses; relate to PUD typesWould be an opportunity to address multiple subjects at once15%All properties being examined through natural resources & open space; no UVM‐specific update02. Sustainable, Quality Land UseOpportunity Oriented3 Waterfront developmentWould work with property owners to plan the conditions for a future mixed‐use waterfront area along the lake.Begin work 0%02. Sustainable, Quality Land UseEvaluate FBC 2.5 years into adoption. How's it going, what have we seenWould be a focused look and gathering feedback on FBCPrioritize for proactive assessmentOutreach, assessment, and fixes as neededCouncil & Commission priorityFBC Committee examining individual items01. Bringing City Center AliveOpportunity OrientedLinking City's efforts togetherCoordinate committee & staff work. This is underway with the Leadership committee & upgraded CIP/Budget process.Staff is pursing this work as an integrated element of overall effortsstaff workIZ Committees joint meeting held 8/1; all committee meeting in Sept08. Capacity Building Opportunity OrientedOpen Space AcquisitionContinually review opportunities for open space acquisitionongoingOpen Space IZ Committee developing priorities09. Conserving Natural Resources4 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals32333435363738Shelburne Road‐ Nodes of activityWould examine the Shelburne Road corridor to create intentional centers of activity and places in between that are less built‐up. Shelburne Road Form standards, underway, helps set the baseline for this.80%Work largely completed as part of Urban overlay standards; 02. Sustainable, Quality Land UseTransferable Development Rights clarificationsClarifications to the TDR program as it operates in the SEQMuch of the work has been done by our Legal Counsel; this is just a legal tidy‐up95%TDR technical amemdnets approved by PC, Council hearing 9/1610. Foundations of zoningClean & GreenR4 District front setback standardsWould evaluate and possibly lower front setback standards in the R4 districtCL‐ would like to see this prioritized to enable existing neighborhoods to have same opportunities for building community70% No change04. Strong NeighborhoodsWalkableFootprint LotsExamine how to address footprint lot incongruity in the LDRsCommission added per DRB requestBeing looked at through subdivision regs07. Community EngagementOpportunity OrientedFence heights in residential districts, SEQ, and CC FBCRevise fence standards City‐wideno change in status04. Strong NeighborhoodsAffordable & Community StrongChamberlin Neighborhood / Airport Plan amendmentDevelop an amendment to the Comprehensive Plan based on the Chamberlin report, neighborhood meetings, City Council, etc.Prioritize in FY2019No action04. Strong NeighborhoodsAffordable & Community StrongAgricultural Enterprise Use (if applicable)(1) Create a new use category for agricultural businesses at a large scale; (2) look at in context of TDRs & add Non‐residential uses to TDRs; (3) examine neighborhood impactsEngaging project. Unclear of current pressing need.No change in status02. Sustainable, Quality Land UseOpportunity Oriented5 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals39404142434445Defining density & housing unitsWould consider changing the definition of density. Today, a housing unit is a housing unit, regardless of size or configuration. Could be examined as bulk, or other methodsBeing examined as part of TDR committee05. Supporting AffordabilityClean up of LDRs ‐ remove public works standards & put into a bookWould remove public works standards (street construction, turn radii, etc.) from the LDRs and create as a DPW policy bookThis can be done largely by staff in the background; would not involve significant policy changes50%Being developed as part of Subdivision/PUD10. Foundations of zoningReview "purpose" statements of each zoning district; possible consolidation of districtsWould do a clean‐up of each of the "purpose statements" to assure that the regulations are framing the reasons for the existence of each zoning district clearly, and assess where zoning districts may be outdatedPurpose statements: on the "nice to do list"; consolidation of zoning districts more important20%Being developed as part of Subdivision/PUD02. Sustainable, Quality Land UseRenewable Energy Siting ‐ CCRPC & Plan amendmentProvide feedback to the CCRPC on renewable energy siting; consider updating the Comp PlanCould do all plan work simultaneously‐ would like consume a full fiscal year20% No change in status02. Sustainable, Quality Land UseClean & GreenReview TDR programWould evaluate the TDR program, including possibly (1) making areas outside the SEQ eligible as receiving areas and/or (2) prioritizing sending areasWork previously done by committee. Triaging projects, this doesn't seem to pre‐empt others ahead on this list.35%Ongoing through TDR IZ Committee02. Sustainable, Quality Land UseIntensities and Densities in various districts, including density increases allowable through PUDsExamine appropriate intensities & densities in various districts. May be folded into 2 other projects: PUDs for larger properties, and examination of the definition of "unit" citywide85%PC has discussed and provided direction through PUD work02. Sustainable, Quality Land UseFamily / Affordability Goals Plan amendmentExplore establishing clear goals & objectives for young families in South BurlingtonPBC ‐ If comp plan is being revised up for Chamberlin, then this should be done toorelate to Chamberlin Plan Amendmentno change in status05. Supporting AffordabilityAffordable & Community Strong6 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals46474849505152535455Short and Long Term ResilienceBroad review of the City's policies to assure that they are promoting long term resilience and sustainability02. Sustainable, Quality Land UsePublic and private investments Review how to maximize the combination of these efforts. A piece of this will be addressed as part of the PUD project08. Capacity BuildingAgricultural lands & soils planningWould set criteria for which portions of a parcel would need to be retained base on soil types, and would consider requirements for soil aeration post development.Being exxamined as part of natural resources09. Conserving Natural ResourcesCost / benefit of developmentAnalysis of City's existing development related to cost of infrastructureSoft kick‐off for this work for PC in 2019; introduction of conceptsIntroductionCCRPC will refine scope; possible funding and project scope in FY20Cost/benefit of open space being examined through IZ06. Walking the walkAffordable & Community StrongReview Temporary use & structuresWould review the City's regulations regarding the number, frequency, and allowance for various kinds of temporary structures & usesSmall project; staff would insert during smaller meetingno change in status10. Foundations of zoningIndustrial Zoning & NeedsWould look comprehensively at how the City is planning for space for future industrial areas as areas that aren't near housing are limited in the City. Ties somewhat into the Tilley Drive project, but only somewhatno change in status02. Sustainable, Quality Land UseMaximum Density Calculation and Undeveloped Land Would consider removing undevelopable land from maximum density on parcels. Would likely involve an examination of underlying density to assure right‐sizing in affected areasThis is being done as part of PUDS, at least for that kind of development70%PC reviewing through PUD / Subdivision work02. Sustainable, Quality Land UseHistoric preservation language Would establish requirements related to alterations to historic structures0%02. Sustainable, Quality Land UseConsider no parking on front lawns‐Would require vehicles to park in designated parking areas on a parcel. Project would likely involve defining how much of a lot can be devoted to such uses.0%04. Strong NeighborhoodsExamine tree requirements in IHO‐Would consider requiring more substantial vegetated buffers in the Interstate Overlay District, and also whether a project's landscaping budget can be used for this buffering0%09. Conserving Natural Resources7 Adopted Planning Commission Work Plan FY 2019 Update 8/23/20191M N O P Q R X Y AG AHPC PriorityProject Description Staff NotesFY 2019 GoalContributing InformationPercent Complete as of 8/23/2019Status as of 8/23/2019Themes Comp Plan Goals565758596061626364656667Clarify regulations regarding construction or reconstruction of homes in the SEQ‐NRP districtWould review the criteria by which homes & properties are reviewed and approved in the SEQ‐Natural Resource Protection district to assure consistency with the intent of the district15%Staff examining through natural resources work09. Conserving Natural ResourcesSoutheast Quadrant ‐ Quantifying StandardsWould evaluate SEQ design standards to assure they are measurable10. Foundations of zoningLimit number of trailers on a property Would place a limitation on the number of movable structures on a lot10. Foundations of zoningClarify the number of single family homes permitted on a private right‐of‐way or road;Would re‐evaluate current restrictions limiting private roadways to the lesser of: (a) 3 lots, (b) 5 single family homes, and (c) 10 housing units total.10. Foundations of zoningClarify standards for fencing of Stormwater facilitiesWould provide additional guidance as to whether stormwater areas should be fenced, or not fenced.10. Foundations of zoningPlacement of cell towersWould develop standards for cell tower placement. "Towers", generally , will be addressed as part of a clean‐up of heights in the PUD project.10. Foundations of zoningIntentionally work with large property owners on their plansWould have staff and the PC engage proactively with large property owners prior to any project plansOngoing even outside of PC involvement02. Sustainable, Quality Land UseComprehensive Plan progress check‐inWould be an annual check‐in of the Comprehensive Plan and development and review of indicators of success. Could also, as a larger project, include review of all strategies and assignment of responsibility / timelinesCould do all plan work simultaneously‐ would like consume a full fiscal year20%Staff has initiated with committees08. Capacity BuildingFocus of Development in the city.Broad review of the City's policies to assure that they are promoting development in planned areas for growth & developmentPBC ‐ I think we should build in a short "test" before starting any project ‐ does it meet this and the other key planning goals?02. Sustainable, Quality Land UseDesign ‐ small & bigHigh quality of buildings; planned unity developments; large parcel planning; business parks; coordination with smaller development projectscan this be integrated into all that we do/02. Sustainable, Quality Land UseVon Turkovitz request Consider rezoning of Edlund Tract per requestCould be combined with the UVM lands considerationCommission to review following natural resources / PUD work07. Community EngagementAirBnBs / short term dwellingsWould take up the subject of short term rental regulationPerhaps the Affordable Housing Committee would consider this topic0%07. Community Engagement8 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: Preview of Municipal Planning Grant Program offer DATE: August 27, 2019 Planning Commission meeting Again this year the Vermont Municipal Planning Grant program is offering communities the opportunity to apply for funding for planning projects. Project performance period will be ~January 2020 through May 2021. Staff anticipates the program will be equally as competitive as in other years, with perhaps 2-3 of Chittenden County’s 19 communities being funded under the program (funding is allocated by county). This year’s program priorities from the State are as follows: • Capital Infrastructure Investment, Planning, or Regulation • Fair & Affordable Housing Planning or Regulations • Inter-Municipal & Regional Cooperation Planning and/or Regulation • Planning for a NEW Designated Area (must contact DHCD in advance of application to qualify) • Specific-Area Planning or Visual Regulation for Vibrant Centers • Statewide Model Projects The Commission will be asked to submit approve and submit a single project proposal to the City Council at your next meeting, September 9th, in order for the Council to consider and approve the application in advance of the October 1st application deadline. At this meeting, we’d like for the Commission to discuss and share thoughts you may have that you’d like for us to explore in greater detail, and/or provide feedback on some projects we’ve been examining. With this feedback, staff will communicate with the Department of Housing and Community Development, compare project ideas against other funding sources, and come back with 1-2 recommendations for you to consider and approve. Note: not all of these candidate projects would necessarily be Planning Commission projects. The Commission is encouraged to consider its own work plan over the next 18 months in determining whether to recommend a project of your own or one that another group would advance. • Champlain Valley Conservation Partnership Collaborative project to advance regional coordination • From the Public Art Committee: a Community Cultural Asset Map/Inventory • From the Affordable Housing Committee: (staff to confirm at meeting) • Initial scoping feasibility assessment of regionalization of services • From the Economic Development Committee (staff to confirm at meeting) 575 Dorset Street Soouth Burlington, VT 05403 tel 802.846.4123 fax 802.846.4101 www.southburlingtonvt.gov July 22, 2019 Dear City of South Burlington Commission, Board or Committee Chair, This Winter the City Council will be undertaking the annual amendment of the Capital Improvement Program and Budget (CIP). The CIP policy document, among other uses, is developed to coordinate and plan for the orderly development of capital (brick and mortar) improvements and reduce large fluctuations in the tax rate from year to year. The City is requesting your commission or committee’s input prior to preparing the FY2021- FY2030 (July 2020-June 2030) Capital Improvement Program. If your committee has comments, please provide them to your committee’s City staff person by August 26, 2019. If a new project is proposed, information regarding the new project will need to include a project name, description, and estimated cost. Such projects should be prioritized by your committee’s estimation of their importance to the City in relation to other (existing or proposed) CIP projects within the department/service area. For your reference, The CIP reflects the following anticipated capital expenditures: 1) Forecasted costs related to maintaining South Burlington’s current level of service through rebuilding and replacing existing capital equipment and infrastructure including costs such as paving roadways, replacing vehicles, upgrades to existing sewer treatment plants and costly (greater than $10,000 in value) non-brick and mortar items such as cars, emergency apparatus, and IT equipment. 2) Estimated spending related to building public infrastructure that will result in a new downtown - City Center – including projects eligible for TIF District financing such as new roadways, streetscapes and bridges, structured parking, parks, municipal facilities, wetland mitigation and stormwater management systems. 3) Projects (generally related to transportation and parks) that are included in impact fee ordinances, requested by committees or the community, or shown in long range plans or studies that improve the level of service such as adding bicycle facilities to Spear Street and expanding recreation fields. A CIP is a road map to guide budget preparation based on an estimate of future needs and costs consistent with current City priorities and fiscal outlook. Page 2, FY2021-FY2030 Capital Improvement Program Comments 575 Dorset Street South Burlington, VT 05403 tel 802.846.4123 fax 802.846.4101 www.southburlingtonvt.gov The CIP incorporates Council priorities; committee recommendations which are solicited annually; adopted plans and ongoing projects; and equipment and facility maintenance, replacement and upgrade needs. As a financial planning tool, the CIP responds to the estimated fiscal capacity for each year going forward. It is not a static document and changes from year to year. The current adopted Capital Improvement Program may be viewed online. Please let me know if you would like any additional information. Ilona Blanchard and I are available to meet with your commission, board or committee if that would be helpful. Yours sincerely, Martha Machar Deputy Finance Officer cc: Ilona Blanchard, Project Director SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 13 AUGUST 2019 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 13 August 2019, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: J. Louisos, Chair; B. Gagnon (arrived late), M. Mittag, A. Klugo, D. Macdonald ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, Planner; S. Dopp, R. Brinkerhoff, D. Seff, other members of the public 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: Mr. Conner’s staff report was submitted in written form. 5. Public Hearing on proposed Land Development Regulation amendments: Mr. Klugo moved to open the public hearing. Mr. Mittag seconded. Motion passed 4-0. a. LDR-19-01: Eliminate minimum parking requirements for all users citywide except multi- family housing and accessory dwelling units, for which parking requirements are to be reduced b. LDR-19-02: Amend transfer of development rights requirements to be consistent with enabling statutes c. LDR-19-03: Establish Citywide River Corridor Overlay District and make minor modifications to the Flood Plain Overlay District d. LDR-19-04: Eliminate duplicative surface water protection standards for land within 150’ of Lake Champlain and allowances for expansion of pre-existing structures within 100’ of Potash Brook within Queen City Park Zoning District e. LDR-19-05: Administrative Amendments: Authorize Administrative Officer to approve minor field changes to site plans & allow for a joint administrative approval & zoning permit; minor technical corrections f. LDR-19-06: Modify table of open space types (Appendix F) and applicability in the City Center Form Based Code District 2 Members of the public commented on proposed amendments as follows: Mr. Epstein: Spoke in support of eliminating and decreasing parking standards as one way to decrease the public’s reliance on cars. Mr. Snider and Ms. Dopp: Agreed with Mr. Epstein. Ms. Louisos read a letter from Cory Gottfried who also supported the reduction in parking standards and noted that he had had to reduce the size of his building in order to provide parking he didn’t need. Ms. Dopp: Asked what is included in LDR-19-02. Mr. Conner explained that after the ruling by the Environmental Court, the City Council asked for amendments to tighten up regulations in order to abide by State Statute. This was done in conjunction with the City Attorney. It does not change any policy in the regulations. Mr. Seff: Reviewed the history of the Environmental Court’s action. He noted that decision is on appeal by the developer to the Vermont Supreme Court. There is also a cross-appeal by residents (whom Mr. Seff represents) regarding portions of the TDR regulations that the Court did not find improper. That argument in the Supreme Court is slated to take place in September. Mr. Seff felt that “legal chaos” could ensue if the Supreme Court reverses the original decision. In addition, the TDR Committee is recommending a total revision of the TDR policy to allow TDRs to be placed outside the Southeast Quadrant (SEQ). Mr. Seff said there is already “TDR chaos” in the community. Mr. Conner explained the process that the City Council can engage in. He also noted that last week the Council asked for an update on these changes. He also stressed that the city can change policies at any time. The bylaws that are in effect at any given time are the ones under which people would apply at that time. Mr. Brinkerhoff: Felt there is a perception that “this is more for developers and not for the citizens.” He said the citizens want to save open spaces. Mr. Conner noted with regard to LDR-19-06, after the Form Based Code (FBC) subcommittee did its work, staff found conflict regarding on-site/off-site open space. The recommendation from staff is to hold this amendment until it is made clearer. There will also be a review of a letter from Snyder- Braverman regarding this amendment, and changes will be made if they are deemed appropriate. Mr. Conner also noted that the amendments include a couple of changes recommended by the City Attorney. These are not substantive. The Agency of Natural Resources has given its OK to these changes. As there was no further public comment, Mr. Klugo moved to close the public hearing. Mr. Gagnon seconded. Motion passed 5-0. 3 6. Review public input on draft amendments; consider possible changes; possible action to approve draft amendments and submit to the City Council: Commission members reviewed public comments. In reference to LDR-19-04, Mr. Conner explained that State Statutes now apply to water protection, and there is no need to duplicate those rules. Ms. Louisos said she would speak with or send a note to the Council Chair regarding comments on possible confusion regarding TDRs. Mr. Conner noted there is a lot of confusion among property owners at this time as to what they can do with their properties. In answer to Mr. Brinkerhoff’s concern with “favoring developers,” Mr. Klugo reminded the public that property owners have guaranteed rights as to what they can do with their properties. Mr. Mittag then moved to approve amendments LDR-19-01 through LDR-19-05 as amended by the City attorney and to pass these amendments along to the City Council with the Planning Commission Report. Mr. Gagnon seconded. Motion passed 5-0. 7. Planning Commission debrief on joint Planning Commission/City Council Interim Zoning Meeting on 1 August 2019: Mr. Mittag commented that it is obvious that there is still a lot of work for the Interim Zoning Committees and the Planning Commission to do. Mr. Conner noted that the City Council held a public hearing following the joint meeting and extended Interim Zoning for 3 months. Ms. Louisos said there may be pieces (e.g., affordable housing) ready for adoption in that time frame. She also noted that IZ can be extended another three months after that. Mr. Mittag said the TDR Committee’s report will depend on the time staff and the City Attorney have for drafting of by-laws. Mr. Klugo cited the need to update the Commission’s IZ work plan in order to keep things moving forward. Mr. Conner agreed. He added that there will be a lot of things coming to the Planning Commission in upcoming meetings. The next agenda will include the Inclusionary Zoning draft. Mr. Macdonald asked if there will be a similar joint meeting at the end of the next 3 months. Mr. Conner said that will depend on where things stand, but likely the Council will want an update unless all work is completed. Ms. Louisos felt the IZ Open Space Committee report will be the first to come to the Planning Commission. 4 8. Presentation and discussion of recommendations of Transfer of Development Rights Interim Zoning Committee: Mr. Mittag noted that in all of the Committee’s deliberations, they had to take into account the right of property owners. That made it clear to them that the receiving areas for TDRs had to be expanded outside of the SEQ. Mr. Mittag said they don’t yet have a tool to determine where those areas are, and it could involve rezoning in certain cases. They hope to get information from the Open Space IZ Committee as to which parcels are not high quality and would therefore be OK as receiving areas. Mr. Mittag acknowledged that residents of those areas may not be pleased with the additional density. Mr. Klugo cited the need to look at TDRs on a regional basis. Mr. Mittag said there are some regional TDR programs. Mr. Klugo said the next step could be to explore a regional TDR program as there may be demand outside of South Burlington to have TDRs go where they are wanted. He suggested there could be a place in the committee’s report for “future opportunities.” Mr. Gagnon asked whether the Regional Planning Commission (RPC) has ever gotten feedback from various towns on density, etc. Mr. Conner said they get a lot of feedback on density and other issues, but he was not aware there had been discussion with the RPC regarding TDRs. Mr. Gagnon suggested that might become part of the RPC plan. Mr. Mittag said there had been a suggestion to define a “dwelling unit” by area. This could help with affordable housing. It could allow an owner/developer to build larger if they use TDRs under a system to be defined. Ms. Louisos said that is not a new idea. Mr. Klugo said he wasn’t a “yes” or a “no” on that. Mr. Mittag noted that the City Attorney’s concern was that the used would have to be compatible with the statute. Mr. Klugo expressed concern that if someone meets all the requirements for a large house they would have to “buy something.” Ms. Louisos noted a proposal that would allow TDR units to be in a commercial district. Mr. Klugo asked whether there are other places in the country doing this. If so, are they successful? Are there unintended consequences? Mr. Mittag said another recommendation of the TDR Committee is that areas in the SEQ that are now receiving areas would be changed to only sending areas. Other sensitive areas in the SEQ would also no longer be receiving areas and could be developed only at base density. Mr. Brinkerhoff said land is being ranked for development that has already been deemed unbuildable in the Comprehensive Plan. Mr. Conner said the Comprehensive Plan is a vision, not a regulation. Mr. Klugo added that all documents are living documents, and things change over time. Mr. Conner said the IZ Open Space Committee was charged with looking at all properties in the SEQ. Ms. Louisos cited changes being made to what were resource protection elements to make them even better. 5 Mr. Klugo noted that at this time, TDRs don’t have to be built till a development has reached a certain point. He asked if there is a way to make them be purchased up front or along the way as a certain number of units are built. Under today’s system, those units may never get built. Mr. Mittag felt that sounded like a good rule change. Ms. Dopp added that doing that would help landowners get their money from TDRs sooner. Mr. Mittag noted that now each TDR conserves .83 acres. The Committee’s idea is to expand that number. That would reduce the number of TDRs if the market for them is limited. Mr. Klugo said that could result in TDRs being priced so high that there would be no market for them. Mr. Mittag said it is up to the owner and developer to work out the value of TDRs. The city has no interest in that. Mr. Mittag noted there is a recommendation to have a TDR bank. Mr. Klugo asked whether the Committee recommends and adjustment to the base density. Mr. Mittag said they are recommending that be considered. Mr. Mittag noted the city could purchase and retire TDRs from very high value properties with Open Space Fund money. He noted the city now owns 116 TDRs from the Underwood and Scott properties. He added that there should also be a conservation easement associated with those properties. Ms. Louisos asked whether the Committee will make a recommendation as to what the city should do with its 116 TDRs. Mr. Mittag said that is not their charge. Mr. Klugo noted the city could be competing with other TDRs on the market if it decided to sell its TDRs. Mr. Mittag said the committee also recommends that the city establish a mechanism to connect TDR buyers and sellers and that there be a separate TDR registry. This should include a map of where TDRs are sent from and where they were sent to. He noted that TDRs can be used on the same property if one part of the property is zoned NPR and the other is zoned Village Residential. Mr. Mittag said the committee feels its recommendations support the city’s conservation goals. They also feel a lot of demand for TDRs will come from re-development. Ms. LaRose noted there are a lot of market studies to be done. She asked if the IZ Committee would be doing that or the Planning Commission or City Council…? Mr. Mittag said the IZ Committee doesn’t have the expertise to do that. Ms. LaRose asked if the IZ TDR Committee has explored why TDRs aren’t being used. She said staff is trying to understand all the steps that are left so they can budget for funding and time. Mr. Klugo said there is a lot that is not yet understood: What makes a program successful? Why is the program here not successful? He noted there are a lot of ideas, but they are not appropriate for solving the problems. Ms. LaRose agreed those questions need to be answered in order to move forward. 6 Mr. Klugo said the Planning Commission needs to come up with some “bullet items” to get back to the TDR IZ Committee. Mr. Mittag said the draft report he presented is what the IZ committee has approved to date. Mr. Klugo said he is still struggling with the underlying possibility for success. There has been no discussion with developers, with other communities, etc. He said the TDR Committee’s recommendations make sense, but there is no relation to the outcome the city is trying to get to. Ms. Louisos asked how to get the number right (e.g., increase receiving zones?). Mr. Mittag said they made assumptions, but they don’t know beyond that. Ms. LaRose said the problem is not knowing if the market is there. She noted that the areas in which the large car dealerships are located have 12units/acre zoning allowed, and they are not being developed. What would increasing that to 15/acre mean? Mr. Klugo said just creating more receiving areas does not ensure the success of a TDR program. The recommendations are good, but now they have to be tested. Ms. LaRose noted that TDRs have dropped considerably in value. Ms. Dopp asked if there are some real estate people who could quantify this. Mr. Klugo suggested Art Wolf. Mr. Conner cited the need for specific objectives: amounts of sending and receiving areas, number of units, etc. Mr. Klugo volunteers to pull out the action items when the minutes are posted. 9. Receive proposed amendments to the City Center Form Based Code (FBC) portion of the Land Development Regulations from the FBC Subcommittee; consider approval of PC report and warning public hearing on amendments (Staff recommends 10 September): a. LDR-19-08: Reduce first story minimum window heights and establish privacy standards in FBC T4 District b. LDR-19-09: Establish greater allowance for location of open space off-site for residential buildings in FBC T4 District, clarify definitions c. LDR-19-10: Allow greater proportion of Landscaping Budget to be used off-site and to be used for hardscapes in FBC district d. LDR-19-11: Reduce size of reserved width for future buildings in FBC T4 and T5 Districts e. LDR-19-12: Modify Upper Story Glazing Standards in FBC T4 and T5 Districts Members agreed to postpone consideration of these amendments item until the next meeting. Mr. Conner reminded members that these 5 possibly amendments are important for design for projects in City Center that are ready to go now. They will be at the top of the next agenda. 7 10. Meeting Minutes of 23 July 2019: Mr. Gagnon moved to approve the Minutes of 23 July 2019 as written. Mr. Mittag seconded. Motion passed 5-0. 11. Other Business: a. Notice of Town of Williston Planning Commission public hearing on proposed amendments to the Unified Development Bylaw, Tuesday, 20 August 2019, 7:00 p.m., Williston Town Hall Annex b. Notice of City of Burlington Planning Commission public hearing on proposed amendments to Comprehensive Development Ordinance, Tuesday, 27 August, 6:45 p.m., Burlington City Hall Mr. Conner briefly explained the amendments involved. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 9:35 p.m. ___________________________________ Clerk