Proposed Land Use & Development Regulations

Public Hearing

Month Day, 2012

Agenda

Agenda for Hearing

1. Planning Commission summarizes major changes2. Public comments directed to Planning

Commission3. Planning Commission answers clarifying questions4. General comments from Planning Commission

and public at the end.

Calais Land Use & Development Regulations

Approval Process

1. PC reviews & revises existing regulations 2. PC holds public hearings -- June3. PC reviews comments and makes revisions –

July/Aug4. PC holds public hearing -- September5. Forward proposed regulations to Selectboard6. Selectboard holds hearing & amends proposed

regulations as necessary – Oct/Dec7. Town Meeting: vote on Bylaws by Australian

ballot

Approval Process

*Multiple meetings may be held by PC and the Selectboard

Planning Commission

drafts or considers

bylaw

Selectboardconsiders

bylaw/revisesPublic

Hearing*Public

Hearing*

Selectboardvotes on adoptionBylaw Adoption Processes

See statute details: 24 VSA §§ 4441-4442

Vote at Town Meeting

Calais Land Use & Development Regulations Sections

1: Purpose and Permit Procedures 2: Zoning Districts 3: Requirements that Apply to all Zoning Permits 4: Specific Use Regulations 5: Development Review (Conditional Use, Flood Hazard Area

& Design Review) 6: Subdivision Review 7: Planned Unit Development (PUDs) 8: Authority and Administration 9: Definitions

Goal of Amendments

To guide growth to protect natural resources while promoting flexibility

for land owners

Land Use and Development Regulations

What's Changed? • Divided Rural Residential District into Two Districts

o Residential Districto Rural District

• Revised Provisions for Mixed Uses and Parking• New “Natural Resources Overlay” District• Revised Subdivision Thresholds • Standards for Prime Agricultural Soils • Standards for Wildlife Linkages. • Expanded Use of Density Averaging

o Simplified permit review processo Opportunity to shift development to most suitable area of a loto Allow density averaging across multiple parcels

Expanded Use of Density Averaging

What is density averaging?• Flexibility to design a subdivision in response to the

specific characteristics of the property, rather than inflexible dimensional requirements.

• Flexibility to protect important resources. • Removes disincentives to identifying and conserving

resources on a property. • A tool for owners of working land to subdivide small lots

while retaining ownership of much of the balance of their property.

• An alternative to fragmentation of land into residential lots that are “too big to mow and too small to plow”

Expanded Use of Density Averaging

How does Density Averaging Work?• Variable lot sizes may be created, as long as the total number

of lots does not exceed maximum overall density (total parcel area divided by minimum lot size).

• A portion of the parcel is permanently set aside from development. This land may be owned by individual lot owners, or held in common.

Density Averaging on Multiple Parcels

Density Averaging

Example I: Contiguous Parcels Divided by a Road

Conventional Subdivision

Density Averaging on multiple parcels

Density Averaging

Example II: Non-Contiguous Parcels, Different Districts

Conventional Subdivision

Density Averaging on multiple parcels

Density Averaging

If the resources on the parcel to remain undeveloped are particularly important, density may be transferred at a ratio greater than 1:1

Conventional Subdivision

Subdivision Thresholds

Current Regulations• Boundary line adjustment reviewed by the Zoning

Administrator • Any subdivision of three or fewer lots = “minor

subdivision” reviewed by the Zoning Administrator • Any subdivision of four or more lots = “major subdivision”

reviewed by the DRB. • All major subdivisions require conceptual, preliminary,

and final review.

Subdivision Thresholds

Proposed Regulations• Boundary line adjustment reviewed by the Zoning

Administrator • Subdivisions of five or fewer lots which utilize density

averaging = “minor subdivision” reviewed by the Zoning Administrator

• All other subdivisions = “major subdivision” reviewed by the DRB.

• All major subdivisions require conceptual and final review. Preliminary review only required at the discretion of the DRB.

Divided Rural Residential District

Current Regulations• Most of Calais in Rural Residential District • Minimum Lot Size: 3 acres

Proposed Regulations• Residential District

o Minimum Lot Size: 2 acreso Boundaries being defined: Generally areas in vicinity of existing

Villages and Calais Elementary School

• Rural Districto Minimum Lot Size: 3 acreso Includes all other areas currently within the Rural Residential

District

Divided Rural Residential District

Natural Resources Overlay District

Overlay covering three types of wildlife habitat • Deer Wintering Areas (Deer Yards)

• Core Forest Habitat

• Black Bear Reproductive Habitat

Development is allowed, as long as it is sited to minimize adverse impact on habitat areas.

In overlay and more than 200 feet from Road = Conditional

In overlay and less than 200 feet from Road = Permitted

Prime Agricultural Soils

Standards for development in prime agricultural soils• Rural District – Place development at fields edge, or least

productive soils

• Residential District -- Place development at fields edge, or utilize soils as central greens, community gardens, etc.

Ag soils and more than 200 feet from Road = Conditional

Ag soils and less than 200 feet from Road = Permitted

Wildlife Linkages

Wildlife linkages = paths between habitat areas• Where possible, development should be located outside wildlife

linkages.• Development in a wildlife linkage = Conditional Use • Must be located to minimize adverse impacts on the linkage.

Density Averaging and Natural Resources

Density averaging can allow landowners to develop their property while avoiding impacts on resources es

• Density averaging allows lots and buildings to be located away from wildlife habitat and linkage

• Less than five lots are created using density averaging. The subdivision is “minor” and can be reviewed by the ZA. No DRB hearing is needed.

• Resources are protected while the landowner is still able to develop their property.

Mixed Use and Parking Standards

Mixed Use Standards• Allow mixed use structures as a permitted use if all

component uses are permitted in the district• Allow multifamily housing in some districts. • Require screening/landscaping for larger structures

Parking Standards• Allow offsite parking and parking in public lots• Allow the DRB to require less parking when customers

are likely to access the use or through another means other than the automobile.

• Require visual screening for parking lots with five or more spaces

Calais Land Use & Development Regulations

Approval Process

1. PC reviews and revises existing regulations 2. PC holds hearing(s), accepts comments3. PC reviews comments and makes revisions as

necessary.4. Forward proposed regulations to Selectboard5. Selectboard holds hearings, accepts comments,

amends regulations as necessary. 6. Selectboard holds additional hearings if amendments

are made7. Selectboard adopts new regulations8. (Does Calais Vote on Bylaws via Australian ballot?)9. Regulations take effect 21 days after adoption.

Questions?

Comments?