Planning Commission
Monday, January 9, 2023, 7:00 p.m.
Commission Members Present: Leon Ward, Megan Amundson, Phil Peterson, Greg Boshart, Chris Glabach
Town Staff: Leslie Perra, Interim Town Manager
Public Attendees: None
Public Attendees via Zoom: None
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Peterson called the meeting to order at 7:03 PM.
Minutes from December 12, 2022
Tabled until the next meeting
2022/2023 Working Zoning Revisions
● Peterson has drafted language concerning redundancies and recommends transferring language in two sections to two others sections.
● Temporary Structures - Boshart explained this is not defined as development anywhere. Simple solution in the very beginning of the ordinance we define what requires a zoning permit. That is the first sentence and is defined as development. Also propose to add to the definition of development.
Proposal is to add under Section 2.1 Zoning Permit "Before any land use or development -- including the division of a parcel into two or more parcels or a boundary line adjustment between parcels; the construction, structural alteration, relocation or enlargement of any building or other structure, including temporary structures; or of any mining, excavation or landfill; or any change of use of any building or other structure or land, or any extension of use of the land -- it is the responsibility of the landowner or person performing such land use or development to obtain a zoning permit from the Zoning Administrator, Exemptions from this requirement are listed in Section 2.2.
● Accessory On-Farm Business - Boshart explained Act 143. He recommends this be added to section 6 and be used verbatim from state statute.
Activity that is accessory to a farm and comprises one or both of the following:
▪ The storage, preparation, processing, and sale of qualifying products, provided that more than 50 percent of the total annual sales are from qualifying products that are produced on the farm at which the business is located.
▪ Educational, recreational, or social events that feature agricultural practices or qualifying products, or both. Such events may include tours of the farm, farm stays, tastings and meals featuring qualifying products, and classes or exhibits in the preparation, processing, or harvesting of qualifying products. This may include "farm stays" by overnight guests participating in educational, recreational, or social activities on the farm that feature agricultural practices or qualifying products, or both.
● The Zoning administrator shall issue a permit for an on-farm business according to the following standards:
▪ The on-farm business is operated by the farm owner, one or more persons residing on the farm parcel, or the lessee of a portion of the farm.
▪ The farm shall meet the threshold criteria for the applicability of required agricultural practices as determined by the Vermont Agency of Agriculture, Food and Markets.
▪ The on-farm business may take place inside new or existing structures or on the land.
You can require site plan approval if you want, but statute requires that a municipality allow them.
Administrative approval by the zoning administrator will be permitted.
Peterson presented Janet Hurley’s language for on-farm business that was developed for Arlington. It did not include the three conditions/standards that would require a permit. It may be over-engineered.
Planning Commission agreed to move forward with Boshart's presentation.
● Building Height - Boshart is proposing incentives to allow for additional building height where it may be applicable. Unsure if this should be in section 4.15.7 or in waivers.
(8) Maximum Building Height: The Maximum Building Height as prescribed in 4.18, Dimensional Standards Table, shall be increased by 10' in the underlying Zoning District if all of the following criteria are met:
o The development is connected to municipal water and sewer.
o The development is a multi-story, multi-family residential structure OR, mixed-use development with at least 3-stories of residential development on the upper stories.
o The design uses tiering, step-backs or dormers to minimize the vertical façade plane of the structure OR, the natural terrain immediately behind or adjacent to the development provides a natural backdrop to minimize the profile of the structure.
o Access to the structure by emergency vehicles is provided following review by the Division of Fire Safety and in accordance with Section 2.10.2.
Planning Commission agrees with the proposal.
● Personal vs. Business Services and Medical Clinic: Peterson proposed language and has given them to Hurley for review and will present this at the next meeting.
● Peterson is asking for a proposal BCRC for a quote on the codifying of language and supporting public hearings.
● Parking Minimums: Amundson proposed the removal of parking minimums from the Downtown, Town Center (Town Core), and MU1 districts. Provided examples of the removal of parking limits from recent downtown Bennington development.
Site plan would have to show future planned parking.
Recommends reduce parking minimum for R10 to 1parking spot per unit. Treat R10 as Town Core. Additional recommendation that the minimum cannot be waived.
These need to be developed with safety in mind.
Amundson will try to draw something up.
● Boshart recommends we stage the proposed changes so they can be reviewed separately. Peterson agreed and will put together an initial list of less complex changes that the PC has discussed, developed recommendations and agrees to move forward with public hearings. He will send this to BCRC for a cost estimate.
● Peterson thinks that there is urgency in the stand-along restaurant issue.
● Sidewalk Waivers: Amundson made an additional request for next month, that should be fairly non-controversial, that she would like to remove the ability to provide waivers for sidewalk requirements in the ordinance. This is all over the ordinance and would require BCRC to review this. Further discussion by Boshart and Amundson on the sidewalks and DRB ignoring the sidewalk requirement. Other discussion on the sidewalk to the road going from the new hotel that is approved on 7A. This would be for new development or re-development of areas.
● Amundson recommends that if a slate of ZO changes is being put together to go more quickly, the sidewalk issue should be put on that list now as there are projects coming up and there is urgency to that. Peterson agrees and asked Amundson to draw language around these areas so he can give the information to BCRC.
● As a recap Peterson is putting a proposal for BCRC with a final grouping for February. Amundson asked if that gets approval for a public hearing. Peterson said that we would get language back from BCRC to use for a public hearing. Boshart stated this could take months. He recommended we move forward with the stand-along restaurants and other less complex issues which would be relatively easy to accomplish. Peterson will organize the list in stages and have BCRC provide assistance in grouping properly. Boshart stated we have been discussing these changes for months and these need to get passed.
● Peterson provided an update on the Alternative Transportation Joint Study with the Town and Village and to make this a larger vs. a smaller stretch for the bikeway portion of the study. Mark Anders at BCRC will put together a scoping study project brief. Grant opportunities should be open in April. We will go after $60,000 which will require a 20% match and will be split by the Town and the Village. Kyle Emge has offered his expertise as an in-kind match. The Town Planning Commission is the contracting party.
● Perra stated the Depot Street RFP is due 2/15/23.
● Peterson stated he proactively recruited six people for the Housing Task Force (HTF). Peterson also rated the self-nominated applications and will send invitations to join the HTF to four more people. Once the group has been finalized, we will hold the first meeting.
● Peterson stated here was no update for NDA Flood Hazard area around the riverway.
● Perra stated the Main Street Sewer Line Extension will go out for RFP in February.
● Peterson stated the short-term rental study from Doug Kennedy will start in the next week or two.
● Peterson and Perra mentioned there was no update on the Town Plan Grant money.
Amundson motioned to adjourn. Glabach seconded. Motion passed 5-0-0. 8:14 p.m.
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For the Planning Commission Date