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HomeMy WebLinkAboutAgenda - Planning Commission - 11/09/2022South Burlington Planning Commission 180 Market Street South Burlington, VT 05403 (802) 846-4106 www.southburlingtonvt.gov Meeting Wednesday, November 9, 2022 City Hall, 180 Market Street, Auditorium 7:00 pm Members of the public may attend in person or digitally via Zoom. Participation Options: In Person: City Hall Auditorium, 180 Market Street Interactive Online: https://us06web.zoom.us/j/88188879780 Phone: 1 929 205 6099; Meeting ID: 881 8887 9780 AGENDA: 1. Welcome, instructions on exiting the building in the event of an emergency (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. Announcements and staff report (7:10 pm) 5. *ARPA funding recommendations to City Council (7:20 pm) 6. VT DHCD Municipal Planning Grant application (7:25 pm) 7. Street names for South Village (7:40 pm) 8. *Comprehensive Plan – Information inputs and use of the Future Land Use map (7:45 pm) 9. Other Business (8:45 pm) a. *City of Burlington Comprehensive Development Ordinance Amendments: ZA-22-04; ZA-23-01 10. Adjourn (8:50 pm) Respectfully submitted, Kelsey Peterson, City Planner * item has attachments South Burlington Planning Commission Virtual Meeting Public Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to ensure that everyone has a chance to speak and that meetings proceed smoothly. 2. In general, keep your video off and microphone on mute. Commission members, staff, and visitors currently presenting / commenting will have their video on. 3. 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. 4. Please raise your hand identify yourself to be recognized to speak and the Chair will try to call on each participant in sequence. To identify yourself, turn on your video and raise your hand, if participating by phone you may unmute yourself and verbally state your interest in commenting, or type a message in the chat. 5. Once recognized by the Chair, please identify yourself to the Commission. 6. 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 complete the agenda. 7. Please address the Chair. Please do not address other participants or staff or presenters and please do not interrupt others when they are speaking. 8. Make every effort not to repeat the points made by others. You may indicate that you support a similar viewpoint. Indications of support are most efficiently added to the chat. 9. The Chair will make reasonable efforts to allow all participants who are interested in speaking to speak once to allow other participants to address the Commission before addressing the Commission for a second time. 10. 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 influence public opinion on the matter. 11. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulated 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. Email submissions are most efficient and should be addressed to the Director of Planning and Zoning at pconner@sburl.com and Chair at jlouisos@sburl.com. 12. The Chat message feature is new to the virtual meeting platform. The chat should only be used for items specifically related to the agenda item under discussion. The chat should not be used to private message Commissioners or staff on policy items, as this pulls people away from the main conversation underway. Messages on technical issues are welcome at any time. The Vice- Chair will monitor the chat and bring to the attention of Commissioners comments or questions relevant to the discussion. Chat messages will be part of the official meeting minutes. 13. In general discussions will follow the order presented in the agenda or as modified by the Commission. 14. The Chair, with assistance from staff, will give verbal cues as to where in the packet the discussion is currently focused to help guide participants. 15. The Commission will try to keep items within the suggested timing published on the agenda, although published timing is a guideline only. The Commission will make an effort to identify partway through a meeting if agenda items scheduled later in the meeting are likely not be covered and communicate with meeting participants any expected change in the extent of the agenda. There are times when meeting agendas include items at the end that will be covered “if time allows”. 2 MEMORANDUM TO: South Burlington Planning Commission FROM: Kelsey Peterson, City Planner SUBJECT: Planning Commission meeting memo DATE: November 9, 2022 Planning Commission meeting 1. Welcome, instructions on exiting the building in the event of an emergency (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. Announcements and staff report (7:10 pm) a. Comprehensive Plan Outreach - Letters have been sent to the staff liaisons for Affordable Housing, Bicycle & Pedestrian, Common Areas for Dogs, Economic Development Committee, Energy Committee, Library Board of Trustees, Natural Resources & Conservation Committee, Public Art Selection Committee, Recreation & Parks Committee, and Sextons. The process to set up meetings with City departments (City Clerk, City Manager, Fire Department, Library, Police, Public Works, Recreation & Parks, and Tax/Assessor) has also begun. b. O’Brien Hillside (Summit) Mixed Affordable Housing. The P&Z Department this past week issued zoning permits to enable construction of two 47-unit buildings as part of the O’Brien Hillside neighborhood. The majority of the homes in these buildings will meet varying affordability criteria thanks in part to support from Federal pass-through grants and local funding sources, approved by the City Council. These buildings are the first two of six planned multi-story residential buildings in Hillside. 5. ARPA Funding Recommendations to City Council (7:20 pm) Enclosed find a concise summary of the discussion had at the October 25, 2022 Planning Commission meeting. I balanced between sending a coherent message to the City Council and including the additional suggestions from Commissioner that were not agreed upon by the Commission as a whole. It is intentionally concise and does not include all comments by all Commissioners, but does capture the general sentiment of the Commission. Please review and be prepared to provide any feedback. 6. VT DHCD Municipal Planning Grant Application (7:25 pm) The Vermont Department of Housing and Community Development operates a competitive grant funding opportunity each year for municipalities to pursue additional planning projects. The grant maximum for an individual municipality is $26,400 and the funding is apportioned by region across the state. The funding will be 3 awarded in January 2023 and must be spent by November 2024. Each year, DHCD provides a list of statewide priorities and, generally, projects that address one or more of these priorities is more likely to receive funding. This year, the priorities are equity-oriented projects, housing-related projects, planning for a new designated area, specific-area improvement plans for a designated area, preliminary/phased planning that helps qualify a project for known implementation funding, and innovated and original statewide model projects. Staff recommends the City pursue a grant to develop an equity framework for planning. It has become clear that the planning processes in the City could be designed to do a more automatic, more efficient, and more effective job of reaching the City’s equity goals. Pursuit of equity in our planning processes will be an ongoing process, including the Comprehensive Plan update, but we believe that having a framework prepared by a professional in this field will be a tool for the Planning & Zoning Department and the Planning Committee to pursue greater equity in our work. We hope to scope the grant to include engaging an outside consultant to provide us with greater guidance in how we conduct planning decision-making. Staff considered other projects that were either less likely to be fundable with this grant source, more statewide projects being tackled by other entities, and/or not as timely. These included study of farmworker housing, visualization and facilitation of discussion about our R4 neighborhoods, a study of redevelopment of San Remo Drive, exploring affordable housing in the former City Hal property, and implementation of buildings and thermal sections of the Climate Action Plan. These all are important topics for future work by the City, but Staff recommends pursuing funding a toolkit for equity in planning with this particular grant. Action: Review and action to recommend the City Council approve submittal of a Municipal Planning Grant application for tools for greater equity in planning. 7. Street Names for South Village (7:40 pm) The developers of South Village have submitted three new street names for new streets in the area east of the existing Common Roots farm: 1. Douglas Lane 2. Farm Way 3. Wilson Lane Staff has reviewed these names, cross-checked it with the Vermont E-911 system, and finds no significant conflict with street names in surrounding municipalities. Staff recommendations approval of the submitted names. Possible Motion: I move to accept the names Douglas Lane, Farm Way, and Wilson Lane. 8. Comprehensive Plan – Information inputs and use of the Future Land Use map (7:45 pm) The discussion of the Comprehensive Plan needs to move into the substance of the update from the 2016 Comprehensive Plan to the 2024 Comprehensive Plan. We are moving forward with outreach to City committees and departments for initial feedback in their areas of expertise, including soliciting key topics and setting up initial meetings, as outlined at the previous Planning Commission meeting. Before the Commission has received feedback from the committees and departments, we would like to begin discussion of future land use as a core topic for the Planning Commission’s own work for this new plan. 4 We would like to open the discussion of the future use of land in South Burlington by looking at the current Future Land Use Map, enclosed. Also find three pages enclosed from the 2016 Comprehensive Plan describing the Future Land Use map and defining the categories shown on the map. This discussion will be an evolution over time after we have input from the other committees and the community at large, but this is a starting point for the Commission’s discussion. Information Needs With the goal of planning in South Burlington being data-informed, what information do you need as a Commission to make decisions about future land use in the City? Examples could include location of existing facilities: • Conserved lands • Sewer/water lines • Transit lines • Current parks and accesses • Location of habitat blocks The City also can compile (or already has, in some form) additional information about development: • Currently built/unbuilt areas • Percentage of housing units in the different heat map categories • Location of housing units constructed or approved in the past 10 years • Consistency with current zoning map The intention is for the Commission to use information inputs to make decisions about future land use based on that information. As hypothetical examples, it may be inconsistent to have a high intensity use in an area without current sewer service, or to show medium density development in what is now a habitat block. What other information should the Commission be considering that Staff can collect? Use of the Map The other initial question is what do you want this map to convey? This map, alongside with the “vision and goals” for the City, are the by far the pages of the Plan that are most often used and communicated with the community and beyond. For example (and only intended as an example), currently it does not include priority areas for development within the map. If all new development occurred in the yellow areas in a low intensity residential manner, it would be consistent with this map [though not the stated objectives of the 2016 Plan overall]. It also does not show planned nodes of development, opting instead for long stretches with the same development intensity plan (e.g. on Shelburne Road). Relatedly, the current definitions of the categories on the map are not necessarily fully expressed by the shorthand titles on the map itself. Much more information and detail is provided in the text of the Comprehensive Plan, as is always necessary, but the choice of how future land use categories were framed in 2016 can lead to misunderstanding. It also divides categories into labels that appear to fully separate residential, mixed use, and non-residential, when the definitions in the text provide for much more nuance. Keeping readability and usability in mind, including keeping the number of categories on this map low, how should future land use be categorized in the 2024 Plan? Action: Discussion of needed information inputs and how land use should be categorized on the future land use map. 5 9. Other Business (8:45 pm) a. City of Burlington Comprehensive Development Ordinance Amendments: ZA-22-04; ZA-23-01 (see enclosed) 10. Adjourn (8:50 pm) 180 Market Street, South Burlington, Vermont 05403 | 802-846-4106 | www.southburlingtonvt.gov MEMORANDUM TO: South Burlington City Council FROM: Kelsey Peterson, City Planner SUBJECT: Planning Commission Recommendations for ARPA Funding DATE: November 10, 2022 Thank you for the opportunity to provide recommendations and suggestions about the allocation of the remaining ARPA funding the City has received. The Planning Commission recommends allocating the remaining funding into three categories, with approximately one third of the funds allocated into each category: housing, open space, and other current needs. The Commission first adopted this structure at its March 8, 2022 meeting and confirmed it with further discussion outlined below at the October 25, 2022 meeting after reviewing the results of the public outreach survey. There is consensus between the Commissioners that one-third of the funds should support housing development or redevelopment in the City and one-third to expanding City-owned open space. Housing is a critical need in South Burlington and supporting affordable housing will enable economic growth for businesses currently struggling to hire new employees when there is little available housing. Hopefully, additional available housing will also help stabilize housing prices for the existing housing stock. Expansion of open space will add to the City’s available public spaces and reserves open parkland space as housing densities will need to increase in the coming decades. It will also contribute to the City’s goals related to mitigating the effects of climate change. Both housing and open space are critical to the quality of life for future South Burlington residents and are suitable for this type of discrete funding. For the final one-third of the funding, the Commissioners have several suggestions. First, the Council could fund implementation of the Climate Action Plan, including supporting additional staff positions and time. This money could also upgrade current housing through one-time grants to homeowners for energy conversion projects to non-fossil fuel sources, which would make progress toward the goals in the Climate Action Plan. Second, the Council could acquire additional City-owned open space or conservation areas, on top of the one-third already suggested. The City could purchasing available TDRs, acquire conservation easements, or purchase land outright. This would further help the City combat stressors related to climate change and reserve areas for parks amongst future increased housing density. Third, the Council could allocate funding to support child care in the City. The results of the ARPA survey made clear that the residents of South Burlington are rightfully concerned about the availability of child care. Using funding to support child care in the City would ease the current child care crisis and allow new employees to take jobs with local businesses. COLCHESTER WINOOSKI SHELBURNE E S S E X WILLISTONBURLINGTON BURLINGTONESSEX JUNCTION Shelburne Bay SHELBURNE RDDORSETSTS WIFT ST WILLISTON RD SPEARSTHIN ES B U R G R D 89 189 Map 11 Future Land Use Comprehensive Plan City of South Burlington, VT February 1, 2016 0 0.5 10.25 Miles Future Use of Land Categories Planning Underway Very Low Intensity - Principally Open Space Lower Intensity - Principally Residential Medium Intensity - Residential to Mixed-Use Medium to Higher Intensity - Principally Non-Residential Medium to Higher Intensity - Mixed Use Streams Waterbody Document Path: P:\Planning&Zoning\Planning\ComprehensivePlanMaps\ComprehensivePlan_2015\Map11_FutureLandUse.mxd Maps and GPS data (“material”) made available by the City of South Burlington are for reference purposes only. The City does not guarantee accuracy. Users release the City from all liability related to the material and its use. The City shall not be liable for any direct, indirect, incidental, consequential, or other damages. Contact GIS@sburl.com with questions city of south burlington comprehensive plan 3-5 B. Future Land Use Plan Overview. It is the intent of this Plan to maintain an eff ective balance between green space, natural areas, residential, commercial and industrial development. Th e future land use plan strives to refl ect the overall goals of the City and to balance the various objectives and strategies of this document. Planning Areas. Th is plan designates a series of four quadrants and one district that share common geography, land use, and transportation patterns, and where the goals, objectives, and strategies of this plan will require careful consideration. For each quadrant or district, this chapter provides an overview of existing land use, projected future land use, key planning issues, and transition areas. Th e quadrants/districts discussed in this plan include the: ✦Central District, including City Center and surrounding areas; ✦Northwest Quadrant, including areas west of the Airport and north of I-89, exclusive of the Central District; ✦Northeast Quadrant, including the Burlington International Airport and areas north of I-89; ✦Southwest Quadrant, including the Shelburne Road corridor; ✦Southeast Quadrant, including areas south of 1-89 and east of Spear Street. Context and Connections. Th ese sections are intended to complement the more thorough inventories and analyses of the Green, Grey, Blue, and Social Infrastructure chapters by highlighting some of the notable opportunities and challenges within the quadrant or district. Plans and concepts for future use of land in each quadrant or district is tied closely to the analysis, objectives, and strategies enumerated within the other chapters of this Plan. Each of the chapters are intended to be read together, guided by the community-wide goals set forth in this plan. FUTURE LAND USE MAP Th e future land use plan is accompanied by a map of the same name (Map #11). Th is map depicts the fi ve quadrants/district described above, and provides for a series of broad categories of planned land use and intensity. Th e features on this map are purposefully blended, so as not to focus on a specifi c parcel or delineation between land use features. Th at level of specifi city is left to the Offi cial Zoning Map. Future Land Use Categories Land use intensity can be diffi cult to defi ne, is almost always relative, and can often be controversial. It is often erroneously interchanged with the concept of density, particularly as a measure of housing units per acre. Instead, intensity is a refl ection of many measurable and immeasurable points, including types of uses, number of residents, square footage, massing and heights of buildings, clustering and lot coverages, proximity to roadways, type and frequency of roadways. 3-6 city of south burlington comprehensive plan Th e future land use map and this plan recognize and respect the limitations of compressing many diff erent, distinct areas of such a diverse community into only fi ve land use categories. Th ere are well over a dozen distinct neighborhoods, and more than 50 current zoning districts in the City. As such, the future land use map is not meant to replace a more detailed zoning map, defi ne residential building density, or enumerate the specifi c fi gures for other factors of land development intensity, but rather to provide guidance to the related Land Development Regulations, such that the distribution and relative eff ect of these developments is in keeping with the City’s overall goals. Th e Future Land Use Map is a refl ection of these goals and has been arranged into the following relative categories. Th ese should not be construed as absolute, but rather taken as parameters within which land use is approached. ✦Very low intensity, principally open space. Th ese lands emphasize conservation, water quality, and wildlife protection. While development is not inherently prohibited, these areas refl ect the lowest building densities in the City. Uses other than open space and agriculture should have restrictive regulations and minimize their footprint. Primary and secondary natural resources are given priority and disturbance is to be carefully avoided or minimized. Land development regulations should provide ease of approval for open spaces, including agricultural land and related uses. Roadways and other breaks should be minimized and carefully planned to avoid negative impacts to wildlife corridors. ✦Lower intensity, principally residential. Fostering a strong sense of neighborhood, these areas are primarily residential in use, with number of units and size of buildings to be among the lowest in the City. Open spaces are accessible and thoughtfully arranged as community gathering places, and roadways should be largely limited to local traffi c with low volumes. While residential dwellings need not be all detached, the general character and appearance is that of a single family neighborhood. Building heights refl ect this character. Small lots and small buildings are encouraged. Commercial uses are limited to those serving a small or local population. More intense commercial or industrial uses should be avoided. ✦Medium intensity, residential to mixed use. Th ese areas support an increased diversity of housing options, with increased building density and slightly increased building heights over lower density residential areas. Housing should be clustered, with residents off ered shared amenities and shared open spaces. Otherwise, these lands are similar in characteristics to the Low Intensity Primarily Residential lands. Th is category may incorporate limited amounts of non-residential uses and activities where the context is appropriate. ✦Medium to higher intensity, principally non-residential. Intended to foster high quality jobs, these lands provide for medium to large scale city of south burlington comprehensive plan 3-7 industrial, educational, mechanical and offi ce park environments, among other related uses. Th eir aesthetics should refl ect quality design and promote South Burlington as a welcoming place to work and do business. Residential uses are largely discouraged. Land coverage provides for suffi cient green infrastructure, and respect primary natural resources, with slightly relaxed controls for wider roadways, increased parking, and lot coverages. Multi- modal transport services these areas. Development here should be respectful of lower intensity uses where they abut. ✦Medium to higher intensity, mixed use. Th ese lands are intended to be the most compact and most intensely developed in the City and support employment. Residential densities are higher than other designations, as a matter of allowance and as a goal. Housing options are varied, but focus primarily on multi-family dwellings. Uses should be mixed within the block, and mixed within buildings whenever possible. Infrastructure is effi cient, and transportation is emphasized towards pedestrians and cyclists and provision of large scale non-shared parking should be discouraged. Open spaces are part of the public realm. Building heights, lot coverages, and other building dimensions are higher than other future land use areas. Together, these broad categories are intended to encompass key issues and areas addressed in this Comprehensive Plan and provide an overall framework for implementation of the plan. Land use policies for these areas are refl ected under the objectives and strategies of the Plan and enacted through the various tools described in the implementation section of the Plan and elsewhere. Categories purposefully blend into one another and in some cases blend into a white background. Th ese blended areas include transitional areas within the City, where the land development regulations and other policy documents of the City may specify tools for eff ectively managing changes in intensity, land use patterns, resources, or transportation patterns. Finally, a series of themes that cross through multiple neighborhoods, such as mixed use corridors, transition areas, and natural resource corridors discussed in the text are depicted on the map. The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7144 www.burlingtonvt.gov/plan TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Charles Dillard, AICP, Principal Planner, City of Burlington DATE: October 20, 2022 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance: • ZA-22-04: UVM Trinity Campus Zoning • ZA-23-01: South End Innovation District Overlay (SEID) The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, November 15, at 6:45 pm via a virtual meeting on the platform Zoom. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on Monday, November 14. Thank you. CC: Andy Montroll, Burlington Planning Commission Chair Meagan Tuttle, AICP, Director, City Planning Scott Gustin, AICP, Zoning Division Manager, Department of Permitting & Inspections Kimberlee Sturtevant, Assistant City Attorney The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. Burlington Planning Commission 149 Church Street Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7144 Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Michael Gaughan Emily Lee Julia Randall BURLINGTON PLANNING COMMISSION PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance Amendment ZA-22-04: UVM Trinity Campus Zoning ZA-23-01: South End Innovation District Overlay (SEID) Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place during the Planning Commission meeting on Tuesday, November 15, 2022, with the hearing starting at Time Certain 6:45pm. You may access the hearing/meeting as follows: To join virtually from a Computer, please click this URL to join, and enter the Webinar ID if prompted: Link: https://zoom.us/j/99245011459 Webinar ID: 992 4501 1459 To join virtually by phone, dial this number and enter the Webinar ID when prompted: Number: +1 312 626 6799 Webinar ID: 992 4501 1459 This Public Hearing will take place only virtually. There is no in-person option. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: The purpose of the proposed amendments are as follows: • ZA-22-04: To update the dimensional and use standards for development within the Trinity Campus Overlay zone, and establishes new requirements for supplemental application materials for developments on the Trinity Campus. • ZA-23-01: To create an Overlay Zone that applies to a portion of the South End Enterprise- Light Manufacturing zone, to facilitate the development of a mixed-use urban district that fosters the continued growth and sustainability of the South End’s arts and innovation economy and also provides access to housing. Geographic areas affected: These amendments apply to the following areas of the city: • ZA-22-04: Properties within the ICC-UVMT Overlay District • ZA-23-01: Properties within the E-LM zoning district as shown on the attached Map. List of section headings affected: The proposed amendments modify the following sections of the Burlington Comprehensive Development Ordinance: • ZA-22-04: Modifies Sec. 4.5.2 • ZA-23-01: Modifies Sec. 4.4.3, Sec. 9.1.12, Appendix A – Use Table and creates Sec. 4.5.8 Burlington Planning Commission Public Hearing Warning p. 2 ZA-22-04, ZA-23-01 The full text of the Burlington Comprehensive Development Ordinance is available online at www.burlingtonvt.gov/DPI/CDO. The proposed amendment can be reviewed in hard copy posted on the first floor of City Hall, 149 Church Street, Burlington or online at https://www.burlingtonvt.gov/DPI/CDO/Amendments The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7144 www.burlingtonvt.gov/plan TO: Planning Commission FROM: Meagan Tuttle, AICP, Director and Charles Dillard, AICP, Principal Planner DATE: October 21, 2022 RE: Proposed ZA-22-04 Trinity Campus Zoning Amendment Background In December 2021, Mayor Weinberger announced the “10 Point Housing Action Plan” to serve as a roadmap with two main goals: to double the rate of housing production within the city over the next 5 years, and end chronic homelessness in Burlington. The action plan includes a number of financial investments, resource expansion, and zoning policy changes to achieve these goals. The plan continues to build on nearly a decade of work to address housing availability and affordability— including many policy reforms the Planning Commission has previously been engaged in. In particular, the plan builds on and expands objectives from the 2015 Housing Action Plan and the 2019 Housing Summit. The 2021 plan identifies three major zoning policy amendments to support its overarching goals, including “opening new on-campus University of Vermont (UVM) student housing opportunities by rezoning the former Trinity Campus to reduce UVM’s pressure on the housing market.” Reviewing the applicability of the Trinity Campus overlay zoning district for this part of UVM’s campus has been discussed periodically in recent years. planBTV: Comprehensive Plan, updated in 2019, identifies the institutions’ campuses and the major thoroughfares that function as the city’s eastern gateways as special growth areas. planBTV states that these areas are an essential focus for the growth of the institutions within their campuses, particularly to create new and additional housing options for students. planBTV also notes this area of campus as being important to help “better balance on-campus housing opportunities between the north and south of the core academic areas of campus.” Existing Trinity Campus Overlay Zoning District & Requested Amendments The Burlington Comprehensive Development Ordinance (CDO) includes five Institutional Core Campus Overlay Districts, which apply to sub-areas of the Institutional zoning district. These overlay districts are intended to provide for growth within the core of the institutions’ campuses, by allowing an increased development intensity than would typically be found in the underlying zoning district, and providing transitions between sections of campus and the surrounding neighborhoods. The UVM Trinity Campus (ICC-UVMT) overlay zone applies to a parcel on UVM’s campus along Colchester Avenue on the north side of the intersection of Colchester and East Avenues. The parcel is currently home to a number of UVM residence halls such as McCauley and Mercy Halls, as well as other uses for the institution. UVM intends to create additional graduate and undergraduate beds in the vicinity of these existing residence halls, and has identified a number of limitations under the current ICC-UVMT overlay zone. The requested zoning changes included allowing buildings within the existing Colchester Avenue Buffer, and increasing allowable height and lot coverage. In reviewing the existing ICC-UVMT standards, staff identified four additional areas to update: density limits, allowance for non-residential uses, major impact threshold, and context on campus planning within this area of campus. The enclosed amendments address both UVM and the department’s recommended changes. Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement The proposed amendment updates the dimensional and use standards for development within the Trinity Campus Overlay zone, and establishes new requirements for supplemental application materials for developments on the Trinity Campus. Proposed Amendments The following changes to the Burlington Comprehensive Development Ordinance are proposed: 1. Amends standards for setbacks, height, and lot coverage within the Trinity Campus Overlay district (ICC-UVMT) These changes address requests made by UVM to facilitate infill development on the Trinity Campus in support of additional on-campus housing and include: • Establishes a new front yard setback between the property line and the existing Colchester Avenue Buffer. • Allows new buildings between the new setback and the existing Colchester Avenue buffer up to 45 ft., and increases the height limit to 80 ft. for buildings beyond the existing buffer. • Increases the allowable lot coverage on the Trinity Campus from 40% to 60%. • Replaces existing setback measurements that are measured from the property line to be measured instead from the centerline of Colchester Avenue. 2. Removes the Trinity Campus-specific limit on density and lowers threshold for Major Impact Review • With the exception of ICC-UVMT and the Champlain College overlay, the campus overlays do not apply a limit on housing density in order to enable institutions to maximize their anticipated growth within their campus areas. This amendment proposes to remove this limit for dorms and residential units created for students. • This proposes to remove the lower threshold for Major Impact review that applies only to Trinity Campus. This would instead utilize the standards of the underlying Institutional District for when this would be applicable. 3. Adjusts allowable residential and non-residential uses allowed on the Trinity Campus, and allows non-residential uses in new buildings in addition to existing • ICC-UVMT allows for some non-residential uses such as cafés, small grocery stores, and similar business types in existing buildings on the Trinity Campus. However, these same uses are a conditional use if they are incorporated in new buildings. This amendment proposes to allow these uses regardless of the age of the buildings. • This also removes Single Family and Duplex homes from the allowable uses; adds Beauty/Barber Shop, Laundromat, and Parking Garage to the list of permitted uses; and updates other uses to be consistent with changes to Uses in Appendix A since this district was established. 4. Creates new application requirements for developments on the Trinity Campus • There is strong City and public interest in overall growth & development plans for the Institutions and how a specific project proposal fits the vision. This proposes additional information about growth and enrollment forecasts to be submitted as part of an application for development on the Trinity Campus. CITY OF BURLINGTON ORDINANCE ___________ Sponsor: Office of City Planning, Planning Commission Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Two _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all stages of passage: ______________ Second reading: ________________ Action: ______________________ Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: ZA-22-04 TRINITY CAMPUS OVERLAY (ICC-UVMT) That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of 1 Burlington be and hereby is amended by amending Sec 4.5.2 Institutional Core Campus Overlay Districts 2 and amending Sec. 4.5.2 (e) District Specific Regulations: UVM Trinity Campus (ICC-UVMT) thereof to 3 read as follows: 4 5 Sec. 4.5.2 Institutional Core Campus Overlay Districts 6 (a) Purpose 7 The Institutional Core Campus Overlay (ICC) districts are intended to provide for reasonable future 8 growth for institutions within the core of their respective campuses without further intrusion into 9 surrounding residential neighborhoods. This overlay allows greater increased development than 10 would typically be found in the underlying districts. Development is intended to be more intense than 11 the surrounding neighborhoods with higher lot coverage and larger buildings. New development 12 should provide sensitive transitions to the historic development pattern and scale of the surrounding 13 campus, and. Bbuildings both large and small should be designed with a high level of architectural 14 detailing to provide visual interest and create enjoyable, human-scale spaces. Sites should be 15 designed to be pedestrian friendly and encourage walking between buildings. Circulation should 16 largely emphasize the needs of pedestrians and bicycles, and parking should be very limited and 17 generally provided offsite. Where parking is provided, it should be hidden either within or underneath 18 structures. 19 20 (b) Areas Covered & Applicability 21 The Institutional Core Campus Overlays areas delineated on Map 4.5.2-1, and are further described 22 as follows, and are further regulated from the underlying Institutional district according to provisions 23 of Sec 4.5.2 (c) through Sec. 4.5.2 (g). 24 The regulations contained in Sec. 4.5.2 are subject to the limitations set forth in 24 V.S.A § 4413, 25 titled “Limitations on municipal bylaws,” which limits regulation of qualified uses, including schools 26 Page 2 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) and educational institutions, to specified criteria and only to the extent the regulation does not have 27 the effect of interfering with the intended functional uses. Where the following regulations conflict 28 with requirements of §4413, the statute shall govern.: 29 1. University of Vermont Medical Center Campus (ICC-UVMMC) As written 30 2. UVM Central Campus (ICC-UVM) As written 31 3. UVM Trinity Campus (ICC-UVMT) is intended to provide reasonable future use of the 32 UVM Trinity College campus north of Colchester Avenue and to preserve the residential 33 character of the existing neighborhoods adjacent to the district. This district allows for an 34 increased development scale and intensity than would typically be found in adjoining and 35 underlying districts for the state’s flagship academic institution. This core campus is expected 36 to be predominantly pedestrian-oriented, with all but the most essential parking provided off-37 site, and allow for limited neighborhood-supporting commercial uses to promote a vibrant 38 mix of uses supportive of and to attract additional on-campus housing opportunities. 39 Development within this core campus should aspire to reflect the institution’s core education 40 values in both design and quality; 41 4. UVM South of Main Street Campus (ICC-UVMS) As written 42 5. Champlain College (ICC-CC) As written 43 44 (c) District Specific Regulations: University of Vermont Medical Center (ICC-UVMMC); 45 As written 46 (d) District Specific Regulations: UVM Central Campus (ICC-UVM); 47 As written 48 (e) District Specific Regulations: UVM Trinity Campus (ICC-UVMT); 49 1. Lot Coverage 50 Lot coverage within the ICC-UVMT district shall not exceed 40% 60% except as may be 51 allowed under the inclusionary housing provisions of Article 9: Inclusionary and Replacement 52 Housing. 53 Maximum lot coverage shall be applied to the aggregate of all lots owned by a single entity 54 and located within the ICC-UVMT district. 55 2. Setbacks 56 Development in the ICC-UVMT shall be subject to the setback requirements as specified 57 under the provisions of the underlying zoning district, except for as noted in Sec.4.5.2 (e) 2. a 58 below. 59 60 Minimum side and rear yard setbacks shall not be applicable between parcels under the same 61 ownership within the ICC-UVMT district, but shall apply along the perimeter of the district. 62 Page 3 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) a. Colchester Avenue Buffer: 63 i. . Within 65 ft from the centerline of Colchester Avenue: the ICC-UVMT no 64 development of new surface parking or new structures, except for ancillary 65 structures no larger than 200 square feet, shall be permitted. within a setback of 66 115 feet from the front property line on Colchester Avenue. 67 i.ii. Between 65 ft and 155 ft from the centerline of Colchester Avenue: new structures 68 are permitted subject to the height limits of Sec. 4.5.2 (e) 3 below. No 69 development of new surface parking shall be permitted. 70 71 72 Page 4 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) 73 3. Surface Parking 74 No new outdoor surface parking spaces shall be permitted in the ICC-UVMT district unless 75 the number of the new outdoor surface parking spaces is offset by the corresponding removal 76 of outdoor surface parking spaces in the ICC-UVMT district existing as of January 1, 2002 77 and the Development Review Board has approved such offset in issuing a certificate of 78 appropriateness. 79 80 4.3. Height 81 Additions and new construction may be built to a height of: that does not exceed the greater of 82 thirty-five feet (35’) or the height of existing structures located on the same parcel within the 83 ICC-UVMT district, but in no instances shall any building exceed fifty-five feet (55’) in 84 height as measured from finished grade. 85 i. Between 65 ft and 155 ft from the centerline of Colchester Avenue: 45 ft. max 86 i.ii. From 155 ft from the centerline of Colchester Avenue to the northwest: 80 ft. max 87 88 89 90 Page 5 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) 5.4. Density 91 In the ICC-UVMT district, the density restrictions on residential density set forth in Sec. 4.4.4 92 shall not apply to dormitories nor to residential units built by the institution, or by a private 93 developer on behalf of the institution for the exclusive use by UVM students.the underlying 94 zoning district, and in the underlying zoning district, and in Article 9 (Inclusionary Housing) 95 shall apply to all development, including changes in use. 96 Unless replaced on-site no housing unit in a residential structure located within the ICC-97 UVMT shall be demolished or converted to a nonresidential use, except for housing units that 98 are exempt from the provisions of Article 9, Part 2- Housing Preservation and 99 Replacement/Demolition and Conversion. 100 101 6.5. Uses: 102 Within the ICC-UVMT, only the following uses shall be permitted or conditionally permitted: 103 104 Permitted Uses: Conditional Uses: Residential & Special Residential Uses Assisted Living Attached Dwelling(s) – Mixed-Use Attached Dwellings - Multi- Family Attached Dwellings - Duplex Bed and Breakfast Boarding House Convalescent /Nursing Home Single Detached Dwelling Dormitory Historic Inn Non-Residential Bed and Breakfast Beauty/Barber shop Bakery- Retail Community Center Bank, Credit Union Daycare – Large, Daycare- Small Café Dormitory Convenience Store Health Care Hospitality Credit Union Health Club Dental Lab Health Studio Dry Cleaning Service Historic Inn General Merchandise/Retail – Small <4,000sqft Page 6 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) Permitted Uses: Conditional Uses: Hostel Grocery Store – Small ≤10,000sqft Office – General Medical Lab Office - Medical, Dental Pharmacy Park Research and Development Facility Performing Arts Studio Research Lab Record and Document Storage Restaurant School - Post-Secondary & Community College Parking Garage School - Preschool Laundromat Worship, Place of 105 All non-residential uses are Permitted Uses within buildings existing as of January 1, 2002; 106 and are Conditional Uses if located within a new building to be constructed after January 1, 107 2002. 108 No permitted or conditional use in the ICC-UVMT District may include drive-through 109 facilities, gas pumps or canopies. 110 111 7.6. Parking 112 Parking for all uses and structures shall be planned for and provided in accordance with the 113 provisions of Article 8, Part 3 Institutional Parking Plans. 114 No new outdoor surface parking spaces shall be permitted in the ICC-UVMT district unless 115 the number of new outdoor surface parking spaces is offset by the corresponding removal of 116 outdoor surface parking spaces in the ICC-UVMT district existing as of January 1, 2022 and 117 the DRB has approved such offset in issuing a certificate of appropriateness. 118 119 8.7. Review RequirementsSupplemental Application Requirements 120 Within the ICC-UVMT, any new construction or any change of use of 15,000 square feet or 121 more (including any cumulative change of use or new construction of 15,000 square feet or 122 more within a twelve month period) shall be subject to the conditional use major impact 123 review criteria (Article 3). 124 a. Required Application Materials 125 In addition to all applicable application criteria in Article 3, applications for development 126 within the ICC-UVMT by the institution, or by a private developer on behalf of the 127 Page 7 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) institution for a project for the exclusive use of students, shall include the following. 128 These application requirements apply only to projects which will result in a change of use, 129 habitable area, or off-street parking, and shall not be required for applications for routine 130 maintenance, repair, equipment installation, walkways, landscaping, public art, and the 131 like. 132 133 The information required in this Section is for informational purposes and shall not 134 constitute a basis to condition or deny institutional developments in any manner 135 inconsistent with 24 V.S.A. § 4413. 136 137 An application may reference sections of a current, approved Institutional Parking 138 Management plan if the Administrative Officer determines it contains sufficient detail 139 regarding planned projects, anticipated campus user groups, and forecasted units and GFA 140 as outlined in the following. 141 142 i. A plan, in the form of either the institution’s approved land bank plan or a 143 conceptual site plan, of the general location and use of future residential and non-144 residential development on the Trinity Campus, and an explanation of how the 145 density and location of the subject application implements or modifies projects 146 contemplated within the plan. 147 ii. An explanation of the extent to which the subject application implements or 148 modifies projects identified within the institution’s approved Institutional Parking 149 Management Plan, pursuant to Article 8, Part 3. 150 iii. For residential developments, the institution shall provide, for informational 151 purposes, the number of dwelling units within the project and how this relates to 152 forecasted student enrollment in all academic programs and growth in campus 153 beds for a) students required to live on campus, and b) students not required to live 154 on campus, for the ensuing five year period. 155 iv. For non-residential developments, the institution shall provide, for informational 156 purposes, the GFA within the project compared to the existing GFA on the Trinity 157 Page 8 An Ordinance in Relation to ZA-22-04 Trinity Campus Overlay (ICC-UVMT) Campus and forecasted growth in non-residential GFA on the Trinity Campus for 158 the ensuing five year period. 159 b. Annual Reporting 160 The institution shall provide a report annually to the Administrative Officer regarding the 161 implementation of the approved development, and any changes in the makeup of user 162 groups accommodated, enrollment, or forecasts for the same for the remainder of the five 163 year period. 164 This reporting requirement may be combined with annual reporting requirements for an 165 approved Institutional Parking Management Plan if the Administrative Officer determines 166 that such annual reports provide sufficient detail to meet the requirements outlined above. 167 168 (f) District Specific Regulations: UVM South of Main Street Campus (ICC-UVMS): 169 As written 170 (g) District Specific Regulations: Champlain College (ICC-CC): 171 As written 172 173 174 175 176 177 178 179 * Material stricken out deleted. 180 ** Material underlined added. 181 182 183 184 185 Planning/KS/Ordinances 2022/ZA-22-04 Trinity Campus Overlay (ICC-UVMT) 186 10/07/22 187 Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Compatibility with Proposed Future Land Use & Density The proposed changes are consistent with planBTV. Specifically, this amendment is intended to enable greater on-campus development in an area identified for future institutional growth. planBTV notes that this area of campus is important to creating a better balance among on- campus housing opportunities to the north and south of the core academic campus areas. Impact on Safe & Affordable Housing The proposal is intended to support the creation of new and additional housing options on campus for students of multiple academic programs. Together with changes to allowable non- residential uses, the proposed amendments seek to enable vibrant campus developments that will be attractive to a range of students, including those not otherwise required to live on campus. This also supports the 2015 Housing Action Plan goal to create new on-campus beds in order to create a better balance of housing opportunities with our community, improve quality of life in near-campus neighborhoods, and reduce student pressures on area rents. Planned Community Facilities This amendment has no impact on any planned public facilities, but is anticipated to support planned residential infill development on the UVM Trinity Campus. Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment referred by: Staff Presentation & discussion: 2/8/22, 5/25/22, 7/12/22, 9/13/22, 10/11/22 Approve for Public Hearing Public Hearing 11/15/2022 Approve & forward to Council City Council Process First Read & Referral to Ordinance Cmte Ordinance Committee discussion & recommendation Council 2nd Read Public Hearing Approval & Adoption Rejected The City of Burlington will not tolerate unlawful harassment or discrimination on the basis of political or religious affiliation, race, color, national origin, place of birth, ancestry, age, sex, sexual orientation, gender identity, marital status, veteran status, disability, HIV positive status, crime victim status or genetic information. The City is also committed to providing proper access to services, facilities, and employment opportunities. For accessibility information or alternative formats, please contact the City Planning department or 711 if you are hearing or speech impaired. City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7144 www.burlingtonvt.gov/plan TO: Burlington Planning Commission FROM: Charles Dillard, AICP, Principal Planner Meagan Tuttle, AICP, Planning Director DATE: October 21, 2022 RE: Proposed CDO Amendment – ZA-23-01: South End Innovation District Overlay Overview & Background District Intent & Overview The South End Innovation District Overlay is intended to facilitate the redevelopment of a core area of the South End’s Enterprise-Light Manufacturing (E-LM) district. The vision for this overlay is based in planBTV: South End and calls for transforming the area’s surface parking lots and contaminated and underutilized sites into an accessible, mixed-use hub of economic activity that draws on both the South End’s legacy of manufacturing and arts as well as its burgeoning office and innovation sector. The overlay enables the creation of a wide range of commercial uses, while prioritizing those arts, manufacturing, and office uses that define the character of the South End today. It also permits the creation of new homes. The overlay includes provisions for the scale and massing of new buildings to guide the redevelopment of large sites, and seeks to create an accessible and sustainable urban district. Attached is an initial working draft of the proposed amendment. Several areas for further refinement are noted and anticipated. During the August 23 meeting, staff will present additional information to illustrate the proposed framework, including for some of the areas of the ordinance that are currently under development. Also attached is a map of the existing Enterprise zoning districts for reference. Background on Housing in the South End Since planBTV: SE’s adoption, the city has continued to experience a multi-faceted housing crisis. The lack of housing availability is among the highest priority issues for many residents, including for the South End’s artists, makers, office workers, and other businesses. At the time of its preparation and adoption, there was much debate about allowing housing in portions of the South End E-LM district. While the adopted plan did not recommend housing in the E-LM, it did stress that continued conversations about the appropriate location and type of housing in the South End was necessary. One of the plan’s housing strategies included: Continue community discussions regarding housing in the South End. Continuing this discussion will be important to ensuring that the rules for the future development of the South End match community needs. As our community and its neighborhoods continue to evolve, it is necessary to periodically revisit land use and zoning policies to ensure that change is sustainable and occurring in the appropriate locations, including within the Enterprise Zone • Provide forums for continued community discussion and information sharing as part of efforts to update zoning, implement partnerships, and facilitate redevelopment. • Dept. of Planning & Zoning, Planning Commission; property owners; SEABA; non-profit housing organizations; South End residents Recent discussions around the South End Innovation District Overlay have provided such an opportunity. This question was initially re-introduced to the Planning Commission in summer 2021 by HULA representatives, as a request to consider the creation of a Neighborhood Activity Center in a portion of the E-LM. Following early discussions with the Commission, the opportunity to allow housing opportunities in a portion of the E-LM through the creation of this Overlay was included as a priority strategy in the city’s 2021 Housing Action Plan. Input informing this amendment As part of that Action Plan, the HULA representatives and a number of non-profit organizations and other South End property owners signed onto an MOU to work with Planning and CEDO to inform the development of this proposed district and participate in engagement sessions. Additionally, staff from multiple city departments, including City Planning, CEDO, Business & Workforce Development, Permitting & Inspections, BCA, and DPW have been engaged to inform perspectives on this amendment as well as to discuss other planning considerations for the area. This summary outlines key areas of feedback during public engagement activities that took place in the spring and summer. In-person and online forums provided opportunities for more in-depth discussions about the nuances of an innovation district—including specifics about allowable land uses and their mix, building scale and massing, and other characteristics of new development. Input from both the public discussions and the stakeholder working group has informed this proposed ordinance. Topics for further discussion At its August 23, September 13, September 27 and October 11 meetings, the Planning Commission identified several topics for further discussion, including whether to allow hotels in the district, maximum building height, the location of residential uses, and new streets and paths. Additional information related to these topics is provided below. Hotels Throughout the drafting of the SEID amendment, staff, stakeholders and the community have debated whether hotels should be permitted within the district. Due to some community opposition and staff concerns that hotels could both outcompete residential development for land in the South End and spur greater than desirable tourism activity in the SEID, staff initially proposed that hotels not be permitted. However, the Planning Commission has expressed some interest in allowing hotels in a limited fashion in the SEID to achieve three primary goals: • Economic Development and Recruitment: the SEID is home to one of the region’s highest performing office markets. To facilitate its continued growth, and that of its constituent businesses, hotels in the SEID could be an important recruitment tool. • Remote work: Given Burlington’s attractiveness as a tourist destination, it is also ideally suited to attracting a growing remote work market for out-of-town visitors looking to spend time in the city and stay in one of its most vibrant districts. With the recent resumption of Amtrak service out of Downtown, the South End is poised to attract such workers from New York City in particular. • Recreation: The South End is rich in recreational amenities and out-of-town visitors may be attracted to the SEID as it develops. Acknowledging the stated concerns and benefits regarding hotels in the SEID, staff proposes that hotels be permitted in the E-SEID, provided that no more than one hotel is permitted per lot and that an individual hotel use may not account for more than 80 percent of the Gross Floor Area of the building in which it is located. Allowing one hotel per lot on lots established at the time of the amendment’s adoption would facilitate hotel development on a select few properties. Given the district’s relatively small number of properties, and that the City owns a significant portion of the land in the proposed district, such a standard would realistically produce just a small number of hotels. Residential use location Creating new homes is one of the core priorities in the SEID. However, this should not come at the expense of other highly valued land uses, particularly those that contribute to the District’s character as a place of creativity and innovation. Based on community feedback and discussions with other South End stakeholders, staff has proposed that residential uses only be permitted in new buildings (i.e. those newly created after a date certain). Such a standard would preclude conversion of existing non-residential buildings, instead directing residential development to vacant or underdeveloped land elsewhere in the district. However, an outstanding concern has been that such a prohibition could have the unintended consequence of promoting the teardown of existing structures to make way for new residential buildings. In an attempt to address this concern, staff proposes to allow residential uses in additions to existing buildings as well as new buildings. Such a standard could reduce the incentive to tear down existing structures while still making them available to facilitate mixed-use developments. Additionally, the standard could also promote the efficient use of land by facilitating additions above or on the same lots as existing buildings. Height In its discussions to date, the Commission has considered whether building height should be limited to specific geographic locations similar to how the downtown form code (Article 14) identifies special height areas. Of particular concern have been potential impacts of tall buildings to the Lakeside neighborhood along the District’s western boundary, the Barge Canal, and to the established built character along Pine Street. In recognition of these concerns, staff recommends the creation of a South End Innovation District Specific Height Area Map that would identify areas for 45’/4 stories, 65’/6 stories, and 85’/8 stories. The proposed Specific Height Area Map is included in the attached draft amendment. Blocks/New Streets The 2019-adopted planBTV: South End and more recent engagement for this zoning amendment support a vision for this area as an accessible, connected and multi-modal Innovation District. Of planning for new streets, the Plan states, “just as connectivity and collaboration are a part of the business models of companies in this area, they are integral design principles for the physical fabric of this part of the neighborhood. New street connections are walkable, bikeable and served by transit.” Today, the proposed South End Innovation District includes large lots with no existing internal street network or planned streets on the City’s Official Map, but any future development would very likely require the installation of new streets and internal pathways. To achieve the goals of a multimodal, highly pedestrianized and connected district, staff proposes a maximum Block Perimeter standard that requires that blocks have a circumference no greater than 1,600 feet and that such blocks must be circumscribed by public streets and/or public paths. This standard will facilitate a highly accessible district while also providing for the flexible development of new blocks. Proposed Amendment Amendment Type Text Amendment Map Amendment Text & Map Amendment Purpose Statement This amendment creates an Overlay Zone that applies to a portion of the South End Enterprise- Light Manufacturing zone, to facilitate the development of a mixed-use urban district that fosters the continued growth and sustainability of the South End’s arts and innovation economy and also provides access to housing. Proposed Amendments The following amendments to the Burlington Comprehensive Development Ordinance are included in this proposal: 1. Amends Article 4 – Zoning Maps and Districts to create a new South End Innovation District overlay within a portion of the Enterprise-Light Manufacturing District Creates a new Sec. 4.5.8 to establish an overlay district with a portion of the South End E-LM zone, including a map of parcels and specific zoning standards for development. . 2. Creates specific regulations for land uses and urban form in the Overlay Establishes standards for development within the proposed overlay, including: • Land Use standards that prioritize arts, innovation, office and other non-residential uses; allows residential uses; and allows in a limited but flexible manner other district- supportive but non-essential commercial uses. • Standards that govern lot coverage and ground floor uses in order to guide the development of a walkable, dense and human-scaled urban district. • Standards that require buildings be close to streets and occupy the majority of a block’s frontage, while providing a greater degree of flexibility than the downtown form code districts. • Standards for building height which range from four up to eight stories, while limiting overall building size and requiring upper story variation to create a high quality and livable urban form that facilitates residential and economic growth. • Parking standards that limit surface parking and guide the development of parking in a way that mitigates the negative impacts of car utilization. • Requires that residential developments within the overlay comply with Inclusionary Housing standards in Article 9, including that a minimum of 15% of units meet affordability limits. 3. Amends Article 13 - Definitions to define various terms Amends and provides definitions for specific land uses, construction techniques, and stormwater management best practices to address questions and provide clarity for administration of the ordinance. New and amended definitions include: • Amend definition of bowling alley • Create definition for Block, Block Perimeter, Co-Housing, Constructed Wetland, Green Stormwater Management, Mass Timber Construction, Passive House, Perimeter Building, Pervious Pavement and Suspended Pavement 4. Amends Appendix A – Use Table to establish land use regulations within the E-ID Amends the Use Table to make reference to district-specific land use standards contained within the proposed Section 4.5.8., and adds Co-Housing. Relationship to planBTV This following discussion of conformance with the goals and policies of planBTV is prepared in accordance with the provisions of 24 V.S.A. §4441(c). Theme: Dynamic Distinctive Inclusive Connected Land Use: Conserve Sustain Grow Compatibility with Proposed Future Land Use & Density The proposed overlay would implement a key land use policy adopted in 2019 with planBTV: South End, and amended through the 2021 Housing Action Plan which directed the city to explore the inclusion of housing. The proposed amendment would, in the words of planBTV South End, “Reinforce and growth the South End as a center for innovative businesses and Institutions,” and “Expand the visibility of the arts district to preserve and enhance its vibrancy.” Further, the proposed amendment, through its prioritization of artist and maker spaces, implements strategies to preserve and create affordable artist space. Regarding density, the proposed amendment is consistent with and supports the 2021 Action Plan by proposing to allow dense, multifamily housing for the first time in the core of the South End. The proposed amendment guides development on largely undeveloped and underutilized land in a way that should create meaningful housing supply and contribute to the City’s commitment to build significant amounts of housing by 2026. Impact on Safe & Affordable Housing The proposed amendment creates significant positive impacts toward the creation of affordable housing. Through the proposed Inclusionary Zoning standard, the overlay would facilitate potentially hundreds of units of affordable housing. As a center of the City’s arts community, the Innovation District would also create affordable housing in an area where artists are increasingly unable to afford the rising costs of housing. Regarding safe housing, the proposed amendment seeks to create a vibrant urban mixed-use district that is accessible and supports the livelihoods of all residents. Planned Community Facilities The proposed amendment would cover a significant land area that includes important community facilities. In facilitating the redevelopment of large contaminated properties, the proposed amendment would support public and ecological health. Through its rigorous stormwater standards, the amendment would support the health of nearby waterbodies, including Englesby Brook, the Barge Canal and Lake Champlain. In terms of transportation, the overlay will guide development along the planned Champlain Parkway in a way that supports that facilities goal to create a more accessible transportation corridor in Burlington’s South End. Furthermore, in promoting a dense, accessible urban form on currently inaccessible properties, the proposed amendment would improve the area’s pedestrian and bicycle facilities in ways that are consistent with planBTV and planBTV: South End Process Overview The following chart summarizes the current stage in the zoning amendment process, and identifies any recommended actions: Planning Commission Process Draft Amendment prepared by: Staff Presentation to & discussion by Commission 8/23/22, 9/13/22, 9/27/22, 10/11/22 Approve for Public Hearing Public Hearing 11/15/2022 Approved & forwarded to Council City Council Process First Read & Referral to Ordinance Cmte Ordinance Cmte discussion Ordinance Cmte recommend Second Read & Public Hearing Council Approval & Adoption CITY OF BURLINGTON ORDINANCE ___________ Sponsor: (Department or Councilor) Public Hearing Dates: ___________ In the Year Two Thousand Twenty-Two _____________________________ First reading: _________________ Referred to: ___________________ An Ordinance in Relation to Rules suspended and placed in all stages of passage: ______________ Second reading: ________________ Action: ______________________ Date: ________________________ Signed by Mayor: ______________ Published: ____________________ Effective: _____________________ It is hereby Ordained by the City Council of the City of Burlington as follows: ZA-23-01 South End Innovation District Overlay That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of 1 Burlington be and hereby is amended by amending Sections 4.4.3 Enterprise Districts; creating Sec. 4.5.8: 2 South End Innovation District Overlay; amending Sec. 9.1.12 Additional Density and Other Development 3 Allowances; amending Appendix A: Comprehensive Use Table; creating Maps 4.5.8-1 South End 4 Innovation District Overlay District,4.5.8-2 Specific Height Area Map, and Map 4.5.8-3 Frontage and 5 Ground Floor Activation Standards; and amending Appendix A- Use Table; and amending Article 13 6 Definitions, thereof to read as follows: 7 8 Sec. 4.4.3 Enterprise Districts 9 (a) Purpose: 10 The two2 Enterprise districts as illustrated in Map 4.4.3-1 are described as follows: 11 1. The Light Manufacturing (E-LM) district is the traditional commercial/industrial center of Burlington, 12 and, in those is intended primarily to accommodate enterprises engaged in the manufacturing, processing, 13 distribution, design, creating, repairing, renovating, painting, cleaning, or assembling of physical and digital 14 goods, merchandise, or equipment, or art without appropriate mitigations from potential conflicts from with 15 nearby or interspersed residential uses. This district is intended to ensure that sufficient land area is 16 appropriately designated within the city to provide an adequate and diversified economic base that will 17 facilitate high-density job creation and retention, including in the evolution of traditional industries as well 18 as burgeoning maker and high-tech industries. This district is primarily intended to provide for various 19 industrial and commercial uses, with specific provisions and limits intended to preserve and enhance areas 20 of varied character throughout district. Other accessory commercial uses, and in very limited cases 21 residential uses, are allowed to support the wide range of services and employment opportunities desired in 22 the district, and supportuses suitable for location in adjacent areas of proximity to residential development. 23 Development is intended to respect interspersed historic industrial buildings, and reflect the industrial 24 aesthetic of the district’s past. Parking is intended to be hidden within, behind, or to the side of structures. 25 This district includes the E-SEID overlay which is intended to facilitate the redevelopment of a central 26 portion of the E-LM into a walkable, mixed-use innovation district consistent with the long-range plans for 27 this area. 28 2. As written. 29 (b) Dimensional Standards and Density 30 Page 2 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay The density and intensity of development, dimensions of building lots, the heights of buildings and their 31 setbacks from property boundary lines, and the limits on lot coverage shall be governed by the following 32 standards: 33 (c) Permitted and Conditional Uses: 34 1. The principal land uses that may be permitted, or conditionally permitted pursuant to the requirements 35 of Article 3, within the Enterprise districts shall be as defined in Appendix A – Use Table. 36 2. Within the E-LM district, uses unrelated to Industrial or Art Production are permitted to be located on 37 lots south of Home Avenue only when both of the following conditions are satisfied. For lots north of 38 Home Avenue within the EL-M district, this standard does not apply.: 39 a. One or more Industrial and/or Art Production use(s) exists on the lot; and 40 a.b. When the combined gross floor area of all such uses does not exceed 49% of the Gross Floor 41 Area on the lot. Uses limited by this provision are identified by Footnote 27 in Appendix A 42 Use Table. The combined gross floor area (GFA) of all other use(s) does not exceed 49% of 43 the gross floor area on the lot. Uses limited by this provision are identified by Footnote 27 in 44 Appendix A-Use Table; all uses marked as conditional use or with additional footnotes in 45 Appendix A continue to apply. 46 3. Uses that may be permitted, or conditionally permitted within the South End Innovation District overlay 47 (SEID) are identified on Table 4.5.8-3. 48 (d) District Specific Regulations: 49 1. Convenience Stores. 50 The following shall apply to the review and approval of convenience stores in the E-LM district, except as 51 regulated in Sec. 4.5.8: South End Innovation District, in addition to the provisions for the review of 52 Conditional Uses under Art. 3 and General Regulations for convenience stores under Art 5: 53 A. Convenience stores in the E-LM district shall only be allowed on properties fronting on Pine Street, and 54 must be sited at least 2,000 linear feet, measured lot line to lot line, from any other convenience store in 55 Table 4.4.3 -1 Dimensional Standards and Density Districts Max. Intensity (floor area ratio1, 4) Max. Lot Coverage1, 4 Minimum Building Setbacks1, 4 (feet) Front Side Rear3 Max. Height1, 4 (feet) Light Manufacturing 2.0 FAR 80% 5 min 02 10%2 45’ Agricultural Processing and Energy 0.75 FAR 60% 10 min 10 min 10 min 45’ 1 – Floor area ratio is further described in Art 5. Measurement of and exceptions to coverage, setback, and height standards are found in Art 5. Actual maximum build out potential may be reduced by site plan and architectural design considerations of Art 6. 2 – Structures shall be setback a minimum of 25-feet along any zoning district boundary line that abuts a residential zoning district. Lots of record existing as of September 9, 2015 that are split by enterprise and residential zones are exempt from this district boundary setback. 3 – Percentage of the lot depth. 4 – Maximum intensity, lot coverage, setbacks and building heght in portions of this district are being modified by provisions of the South End Innovation District overlay (SEID) in Sec. 4.5.8. Page 3 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay the E-LM district; 56 B. A convenience store shall not contain more than 5,000 square feet of gross floor area; 57 C. If located at a street intersection, the nearest edge of any curb cut shall be located as far as possible from 58 any intersections with a minimum distance of 50 feet from an intersection as measured from the corner 59 of and along the lot line of the site; 60 D. Approval shall be granted only if, in addition to the general conditional use standards listed in Sec. 3.5.6, 61 the DRB determines that a proliferation of convenience stores is not threatening the primary intent of 62 the E-LM district for industrial purposes, as stated in Section 4.4.3 (a) 1; and, 63 E. Convenience stores that obtain a conditional use permit within the E-LM District may include gasoline 64 pumps provided the total square footage occupied by pumps, pump islands and vehicular space(s) at a 65 pump filling station is the lesser of 1,850 s.f. or 50% of the gross floor area of the enclosed convenience 66 store. 67 2. Drive Thrus are not permitted. 68 Sec. 4.5.8 Enterprise – South End Innovation District Overlay 69 (a) Purpose 70 The Enterprise – Innovation District Overlay (E-ID) is intended to implement the long-range plan for an area of the 71 South End by providing for a dense, vibrant and dynamic urban district. The overlay is unique in its allowance for 72 residential uses in a small area of the Enterprise-Light Manufacturing District (E-LM), and that it limits the most 73 intensive manufacturing and industrial uses allowed elsewhere in the district. The overlay prioritizes arts and 74 employment uses within an amenity-rich, convenient urban residential neighborhood, while permitting in a limited 75 fashion non-residential uses that are secondary to, but supportive of those primary objectives. 76 Development is intended to be dense and highly sustainable. Lot coverage standards permit significant development 77 but require a high degree of permeable surfaces achieved through green stormwater infrastructure.. Buildings should 78 range in height from one to eight stories, and should be constructed of materials and in manners that limit embodied 79 carbon and achieve the highest possible energy performance permitted by Vermont Building Code. Sites should 80 incorporate ample public and private open spaces and include extensive networks of accessible paths that are free of 81 cars. Streetsshould be constructed in a manner that allocates the majority of their space to pedestrians and cyclists. 82 Buildings should be oriented to the public realm – streets, paths and open spaces, in a manner that creates a safe and 83 inviting district. Site and building design should support public and ecological health to the highest possible degree. 84 Parking should be hidden behind structures, including perimeter buildings or screening devices. Where possible, 85 parking structures should be located along the most heavily trafficked roads to encourage residents, employees and 86 visitors who arrive by car to park at the district’s edge and travel on foot, by bike, or other mode of transportation that 87 is compatible with Burlington’s climate objectives. Special consideration should be given to the design and 88 construction of parking structures to allow for their renovation to other uses in coming decades as Burlington evolves 89 from car dependence. 90 (b) Areas Covered. 91 The Enterprise – South End Innovation District includes those portions of the E-LM Zoning District as delineated on 92 Map 4.5.8-1. 93 Map 4.5.8-1 SEID Overlay 94 95 Page 4 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay 96 97 98 (c) District Specific Regulations 99 100 1. Dimensional Standards & Density 101 Within the South End Innovation District Overlay the standards set forth in Table 4.5.8-1 shall apply to new 102 development and redevelopment, except: 103 Page 5 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay a. Floors 7-8 may increase maximum size to 15,000 sq.ft. per floorplate for buildings constructed of 104 mass timber consistent with currently adopted Building Code as contained under Chapter 8 of the City 105 Code of Ordinances, or in buildings certified as meeting in one or more of the Green and High 106 Performance Building Standard systems: 107 i. Passive House Certification as administered by Passive House Institute (PHI or PHIUS); 108 ii. Gold Certification or higher under the applicable LEED standard as administered by Green 109 Businesses Certification, Inc. (GBCI); or, 110 iii. Petal or Net Zero Energy Certification under the Living Building Challenge as administered by 111 International Living Future Institute (INFI). 112 b. The maximum lot coverage may be increased by 10%, to a maximum of 90%, if the site is certified as 113 Gold or Platinum under the SITES system, as administered by Green Business Certification, Inc. 114 (GBCI) or if all of the pervious area on the lot is constructed from one or more of the following Green 115 Stormwater Management (GSI) techniques: constructed wetland, suspended pavement planted with 116 one shade tree per 250 square feet of area, or pervious pavement. No more than 50% of the GSI area 117 may utilize pervious pavement. 118 119 120 1. Blocks may be enclosed by any combination of public streets and public paths. 121 2. Floor area ratio is described in Sec 5.2.7. Bonuses for additional FAR for inclusionary housing projects, is described in Sec. 9.1.12. 122 3. Maximum square footage applies to each floorplate. 123 4. At least 25% of the pervious area on a lot must include one or more of the following Green Stormwater Management (GSI) techniques: 124 constructed wetland, suspended pavement planted with shade trees, or pervious pavement. No more than 50% of the required GSI area 125 may utilize pervious pavement. 126 5. Setbacks are measured from the property line; however, buildings must be at least 15’ from the curb or edge of ROW if no curb exists. 127 6. Maximum building height in the E-SEID shall be further limited by Map 4.5.8.3: SEID Specific Height Area Map 128 129 Map 4.5.8-2 SEID Specific Height Area Map 130 Table 4.5.8-1: SEID Dimensional Standards & Density Block Perimeter1 Max. Intensity (floor area ratio2) Max Building Size per Floorplate3 Max. Lot Coverage & Pervious Surface Required4 Minimum Building Setbacks Front Side Rear Max. Height6 1,600’ max 2.25 FAR Floors 1-6: 15,000 sq.ft Floors 7-8: 10,000 sq.ft. 80% max impervious 25% min of pervious area must utilize GSI 0’ min 10’ max5 0’ min 10’ max5 0’ min 15’ max5 85’ Page 6 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay 131 132 133 134 135 136 Page 7 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay 2. Frontage and Ground Floor Activation Standards 137 A. Lot Frontage Occupied by Buildings: Buildings shall be placed on a lot such that they frame public 138 and private streets and pathways. The percentage of a lot’s frontage that must be occupied by a 139 building(s) located between the minimum and maximum setback is determined by Map 4.5.8-3 140 Frontage Standards and Table 4.5.8-2. 141 (i) On lots where new interior streets are provided, Primary and Secondary frontages must be 142 identified by the property owner. 143 (ii) A lot’s frontage buildout may be reduced by up to 10 percent upon the determination of the 144 Zoning Administrative Officers that the relief is necessary to access to the rear of the lot as a result 145 of lot width or building placement constraints. 146 147 Table 4.5.8-2: Frontage and Activation Standards Frontage Type Min lot frontage occupied by buildings1 Percent of building frontage containing non-residential uses Ground floor entries required Primary 80% min 80% min Every 60’ min Secondary 70% min 20% min or 500 sq.ft., whichever is greater 1) Measured linearly, and excludes area utilized for interior private streets, drives, and non-vehicular pathways. 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 Page 8 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay Map 4.5.8-3 SEID Frontage Standards 179 180 181 B. Building Frontage Occupied by Non-Residential Uses: Buildings fronting on public or private streets 182 and pathways, including those inaccessible by vehicles, must contain a minimum amount of non-183 Page 9 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay residential uses on the ground floor as determined by Map 4.5.8-2 Frontage Standards and Table 4.5.8-184 2. 185 i. Building corners, when located at the intersection of two public rights-of-way, including 186 streets and paths, must include non-residential uses. 187 ii. A minimum of 80% of a building’s required ground floor non-residential use floor area must 188 be at least 25 ft. deep from the building façade, measured orthogonally. The remaining 20% 189 must be at least 10 ft. deep. 190 iii. On lots where new interior streets are provided, Primary and Secondary frontages must be 191 identified by the property owner. 192 iv. The minimum non-residential frontage requirements may be reduced to 30% for Primary 193 Frontages and 0% for Secondary Frontages if one or more of the following is achieved: 194 a. All non-residential ground floor uses are maintained as affordable for at least 30 years, 195 as defined and administered by the Community and Economic Development Office 196 (CEDO). 197 b. A detached, one- or two-story permanent structure containing non-residential uses is 198 constructed within or adjacent to the public realm, including public rights-of-way and 199 public open space, on the same lot. The amount of non-residential use required on a 200 building’s ground floor may only be reduced on one-to-one basis as determined by the 201 square footage of the detached structure. 202 c. A building is placed adjacent to one or more publicly accessible open spaces on the 203 same lot. Such open spaces must be at least 4,000 sq.ft. in area and no portion of the 204 open space may have a dimension less than 10 feet. Qualifying open spaces may be 205 located in an interior courtyard, to the side, or in front of the building for which a 206 reduction in ground floor non-residential use is being sought. 207 d. A building containing residential uses includes an allocation of at least 10% three-208 bedroom units and 15% percent two-bedroom units. 209 210 C. Ground Floor Entries: At least one ground floor public entry, not including service doors, is required 211 each 60’ linear feet of each building façade fronting on a public or private street or open space. 212 213 3. Parking 214 A. Surface Parking Lots consisting of no more than five spaces are permitted only when associated with 215 and adjacent to a principal building. In such lots, priority parking spaces shall be made available, as 216 described in Sec. 8.1.16 (c) c.4 – Parking Management. No more than 20 total spaces may be 217 permitted in Surface Parking Lots on any one lot. 218 B. On-street parking spaces shall be permitted on lots with new private streets. Such parking spaces 219 must be parallel in orientation. 220 C. Structured Parking Garages 221 i. With the exception of individual Garages serving a multifamily dwelling which shall be 222 accessed from the rear of the building via a public or private alley, all Parking Structures and 223 Garages shall be located behind a Perimeter Building, or screened so that cars and internal 224 structure lighting are not visible from adjacent streets or properties. Screening can be provided 225 by architectural structure or vegetative trellis. 226 ii. Parking Structure ingress/egress shall be consolidated into one façade opening and shall not 227 exceed 24 feet in width and 16 feet clear height. Only one such opening per street Frontage 228 may be permitted. Façade openings may be separated for ingress/egress where they access 229 different frontages. 230 Page 10 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay iii. At least one pedestrian route shall lead directly to each Frontage Line (i.e. not directly into a 231 Building). When portions of a Building containing parking front on more than one street, 232 multiple pedestrian routes to the Frontage are strongly encouraged. 233 234 4. Uses 235 Within the E-ID, only the following uses shall be permitted or permitted in a limited fashion. 236 Table 4.5.8-3 Uses Permitted & Limited within the SEID 237 Primary Permitted Uses: Secondary Permitted Uses: (The sum square footage of all limited uses is not to exceed the sum square footage of all non-residential permitted uses on any lot) Residential1 Assisted Living Dormitory Attached Dwellings - Multi-Family Co-Housing Convalescent/Nursing Home Emergency Shelter Group Home Non-Residential Art Gallery/Studio Animal Grooming Adult Day Care Animal Hospital/Veterinarian’s Office Agricultural Use Appliance Sales/Service Bakery Bank/Credit Union Bicycle Sales/Repair Bar/Tavern Community Center Beauty/Barber Shop Community Garden Billiard Parlor Daycare Boat Repair/Service Grocery Store ≤ 10,000 sf Boat Sales/Rentals Library Bowling Alley Manufacturing - Light Building Material Sales Office - General Cafe Office - Technical Cinema Open Air Markets Convenience Store Park Crisis Counseling Center Performing Arts Studio Dry Cleaning Service Photo Studio Film Studio Photography Lab Fire Station Printing Plant Food & Beverage Processing Printing Shop Garden Supply Store Public Transit Terminal General Merchandise/Retail - Large ≥ 10,000 sf Public Works Yard/Garage General Merchandise/Retail - Small ≤ 10,000 sf Radio & TV Studio Health Club Recording Studio Hotel2 Research & Development Facility Laundromat Research Lab Mental Health Crisis Center School – Post-Secondary and CC Museum – Large ≥ 10,000 sf Page 11 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay Primary Permitted Uses: Secondary Permitted Uses: (The sum square footage of all limited uses is not to exceed the sum square footage of all non-residential permitted uses on any lot) School - Preschool Museum – Small ≤ 10,000 sf School - Primary Office – Medical/Dental School - Secondary Parking Garage School – Trade, or Professional Parking Lot Performing Arts Center Pet Store Pharmacy Place of Worship Recreational Facility - Indoor Recreational Facility - Outdoor Restaurant Restaurant – Take Out Salon/Spa Tailor Shop 1. Residential uses are permitted only in new additions to buildings that existed as of January 1, 2023, or in buildings 238 built after January 1, 2023. 239 2. One hotel is permitted per lot established as of January 1, 2023 and may not account for more than 80 percent of the 240 Gross Floor Area of the building in which the use is located. 241 242 243 244 Article 9 Inclusionary and Replacement Housing 245 246 Sec. 9.1.12 Additional Density and Other Development Allowances 247 All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in 248 accordance with the provisions of this section. 249 (a) Any covered project shall be entitled by right to an increase in the maximum lot coverage density/intensity, and, 250 where applicable, height allowed for the lot(s) on which the project is located. Calculations for these entitlements 251 shall be based on the following tables: 252 253 Page 12 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay Zoning District Maximum Units/Acre FAR/Height Maximum Lot Coverage RH 46 12’ height set back 10’ along street facade 1 92% RM 25 n/a 48% RM-W 25 12’ height set back 10’ along street facade 1 72% RL, RL-W 8.75 n/a 44% FD6, FD5 n/a 0.5 FAR 100% NMU, NAC, NAC-R n/a 0.5 FAR+12’ height set back 10’ along street facade 92% NAC-CR n/a 0.5 FAR+12’ height set back 10’ along street facade 72% E-LM-SEID n/a 0.25 FAR n/a 1. In the RH and RM-W residential zones an additional 12 feet of building height shall be allowed by right only for an 254 additional 5% of inclusionary housing units provided in excess of the minimum requirements of Sec. 9.1.8. 255 1.2. Lot coverage may be increased to 90% as per Sec. 4.5.8 (c) 1.b 256 (b) The allowances provided for herein may be declined at the option of the applicant; 257 (c) With the approval of the DRB, units added to a project as market rate units may be substituted by nonresidential uses wherever such nonresidential uses 258 are otherwise permitted in the district where the project is located. Approved substitution for nonresidential uses shall occur at the following rate: 1 259 market-rate dwelling unit = 1,500 square feet nonresidential space 260 (d) All provisions of Sec. 9.1.8 through 9.1.11 shall apply, without exception, to any inclusionary units that are constructed. 261 262 263 Article 13 Definitions 264 265 All other definitions as written. 266 Block: The aggregate of private Lots, Passages, Rear Alleys, and Rear Lanes, circumscribed by public streets and public paths. 267 268 Block Perimeter: The allowable maximum distance, measured linearly, of the public streets and paths circumscribing a block. 269 270 Bowling Alley: An indoor facility that devotes more than 50 percent of its gross floor area to comprised of bowling lanes and, 271 equipment, and customary playing areas with customary accessory uses such as arcades, play areas, restaurants, and snack bars. 272 273 Co-Housing: Multi-unit residential buildings containing individual dwelling spaces which include bathroom facilities and may or 274 may not contain individual kitchen facilities. Within such residential buildings, residents share amenities, such as full kitchens, and 275 open space in a communal living arrangement. In zoning districts where density limits are applicable, four (4) individual dwelling 276 spaces shall be the equivalent of a Dwelling Unit. 277 278 Constructed Wetland: Stormwater treatment systems that use natural processes involving wetland vegetation, soils and their 279 associated microbial assemblages to improve water quality. 280 281 Green Stormwater Management: Low impact stormwater management infrastructure utilizing soil-water-plant systems to 282 intercept stormwater and facilitate its infiltration, evaporation and release into waterbodies in a manner that promotes ecological 283 health and environmental resilience. 284 285 Page 13 An Ordinance in Relation to ZA-23-01 South End Innovation District Overlay Mass Timber: A method of construction defined as Type IV in the Building Code (International Building Code) and where the 286 majority of structural load-bearing members are made of wood with a minimum dimension of 3.75 inches. 287 288 Passive House: A building construction standard that results in highly energy efficient buildings through use of airtight building 289 envelopes, ventilation, waterproofing, heating and cooling, and electrical loads as certified and administered by Passive House 290 Institute (PHI or PHIUS) 291 292 Perimeter Building: A shallow medium to large sized attached or detached Building that is always associated with and screens a 293 parking structure or garage. 294 295 Pervious Pavement: Alternatives to traditional pavement that allow rain and snowmelt to infiltrate underlying layers of soil and 296 gravel in a manner that reduces runoff and promotes pollutant filtration. 297 298 Suspended Pavement: A site construction technology that supports the weight of overlying pavement and creates a subsurface 299 void that is filled with soil for root growth. 300 301 302 Appendix A- Use Table 303 See attached 304 305 * Material stricken out deleted. 306 ** Material underlined added. 307 308 309 310 311 MT/Attorney’s Initials/Ordinances 2022/ZA-23-01 South End Innovation District Overlay 312 08/19/22 313 DRAFT ZA-23-01 Appendix A Use Table Amendments City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7144 www.burlingtonvt.gov/plan Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM33 RESIDENTIAL USES UR RCO - A1 RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Single Detached Dwelling N N 1 N N Y Y Y N30 N N30 N30 N30 N N N Attached Dwellings - Duplex N N1 N N Y Y2 Y Y N Y 3 N Y N N N Attached Dwellings - Multi-Family (3 or more) N N1 N N Y N Y Y N Y Y Y Y N N RESIDENTIAL SPECIAL USES UR RCO – A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Assisted Living N N N N CU CU Y Y N Y Y Y Y N N Bed and Breakfast4, 6 N N N N CU CU CU CU N Y Y Y N N N Boarding House 6 (4 persons or less) N N N N CU CU Y Y N Y Y Y N N N Boarding House 6 (5 persons or more) N N N N CU CU CU CU N CU CU CU N N N Co-Housing N N1 N N Y N Y Y N Y Y Y Y N N Community House (See Sec.5.4.4) N N N N CU CU CU CU N CU CU CU CU N N Convalescent /Nursing Home N N N N CU CU Y Y N Y Y Y Y N N Dormitory5 N N N N CU N N N N N25 CU CU N N N Emergency Shelter31 N N N N N CU CU CU N CU CU CU CU N N Group Home N N N N Y Y Y Y N Y Y Y Y N N Historic Inn (See Sec.5.4.2) N N N N CU CU CU CU N CU Y Y Y N N Mobile Home Park N N N N N CU CU N N N N N N N N Sorority/Fraternity5 N N N N CU N N N N N N N N N N NON-RESIDENTIAL USES UR21 RCO - A RCO - RG RCO - C I RL/W RM RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM Adult Day Care N N N N CU N N N N Y Y Y Y N N Agricultural Use20 N Y Y CU Y N N N N N N N N Y N Amusement Arcade N N N N N N N N N N CU CU CU N N Animal Boarding/Kennel/Shelter N CU N N N N N N N N CU CU CU CU CU27 Animal Grooming N N N N N N N N N Y Y Y Y CU CU27 Animal Hospitals/Veterinarian Office N CU N N CU N N N N CU CU CU CU Y Y27 Appliance Sales/Service N N N N N N N N N Y24 Y Y Y24 N Y27 Aquarium N N CU N CU N N N (See Sec.4.4.1(d) 1) N N N N N N Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM33 Art Gallery/Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 1) Y Y Y Y Y Y Auction House N N N N N N N N N N Y Y N N CU27 Automobile Body Shop N N N N N N N N N N N Y N N Y27 Automobile & Marine Parts Sales N N N N N N N N (See Sec.4.4.1(d) 1) CU Y Y Y N Y27 Automobile/Vehicle Repair N N N N N N N N N CU9, 12, 14 CU9, 12, 14 CU14 N N Y27 Automobile Sales – New & Used N N N N N N N N N N Y Y N N CU27 Automobile/Vehicle Salvage Yard N N N N N N N N N N N N N N N Bakery N N N N N N22 N22 CU13 N Y Y Y Y Y Y27 Bank, Credit Union N N N N CU N22 N22 N22 N Y Y Y Y N Y Bar, Tavern N N N N N N N N N CU CU CU CU N N Beauty/ Barber Shop N N N N CU N22 N22 CU13 N Y Y CU Y N N Bicycle Sales/Repair N N N N CU N N N N Y Y Y Y N Y27 Billiard Parlor N N N N N N N N N CU Y CU Y N N Boat Repair/Service N N CU N N N N N (See Sec.4.4.1(d) 1) N CU CU N N Y27 Boat Sales/Rentals N N CU N N N N N (See Sec.4.4.1(d) 1) N Y Y N N Y27 Boat Storage N N CU N N N N N N N CU CU N N Y27 Bowling Alley N N N N N N N N N CU Y Y Y N Y Building Material Sales N N N N N N N N N N Y10 Y N N Y27 Café N CU17 CU N CU N22 N22 CU13 (See Sec.4.4.1(d) 1) Y Y Y Y CU CU27 Camp Ground N Y Y N N N N N (See Sec.4.4.1(d) 1) N N N N N N Car Wash N N N N N N N N N N CU Y CU N CU27 Cemetery N N Y N N N N N N N N N N N N Cinema N N N N Y N N CU N CU14 Y N Y14 N N Club, Membership N N Y N CU N Y Y N CU CU N CU N N Community Center N N CU N CU CU13 CU13 Y13 N Y Y Y Y N CU27 Community Garden N Y Y N Y Y Y Y N Y Y Y Y Y Y27 Conference Center N N N N CU N N N N N N N N N N Composting N CU N N N N N N N N N N N N N Contractor Yard N N N N N N N N N N N Y 10 N N Y Convenience Store (See Sec.5.4.3) N N N N N N N CU12 N Y12 Y Y Y12 N Y27 Convention Center N N N N N N N N N N N N N N N Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM33 Courthouse N N N N Y N N CU N N N N N N N Crematory N N N N N N N N N N N CU N N N Crisis Counseling Center N N N N CU CU CU CU N Y Y Y Y N N Daycare (See Sec.5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17,27 Daycare – Family Home N N N N Y Y Y Y N Y Y Y Y N N Dental Lab N N N N CU N N N N Y Y Y Y N Y Distribution Center N N N N N N N N N N N CU N N CU Dry Cleaning Plant N N N N N N N N N N N CU N N CU Dry Cleaning Service N N N N CU N22 N22 N22 N Y24 Y Y Y24 N CU27 Film Studio N N N N Y N N N N N CU Y CU N CU Fire Station N N Y N Y CU CU CU N Y Y Y Y Y Y Food & Beverage Processing N N N N N N N N N CU14 CU14 CU CU14 Y Y Fuel Service Station9 N N N N N N N N N CU11 Y 11 Y N N N Funeral Home N N N N N CU 7 CU 7 CU7 N CU Y Y N N N Garden Supply Store N N N N CU N N N N CU24 Y Y N Y Y27 General Merchandise/Retail – Small <4,000sqft N N N N CU N22 N22 N22 (See Sec.4.4.1(d) 1) Y Y Y Y N Y27 General Merchandise/Retail – Large ≥4,000sqft N N N N N N N N (See Sec.4.4.1(d) 1) N CU18 CU CU N CU17,27 Grocery Store – Small ≤10,000sqft N N N N N N N CU N Y Y Y Y CU CU28 Grocery Store – Large >10,000sqft N N N N N N N N N N Y Y N N CU28 Hazardous Waste Collection/Disposal N N N N N N N N N N N N N N CU Health Club N N N N Y N N CU N CU Y Y Y N CU27 Health Studio N N N N Y N22 N22 CU N Y Y Y Y N Y27 Hospitals N N N N CU N N CU N N N N N N N Hostel N N N N Y N N CU N Y Y Y Y N N Hotel, Motel N N N N CU N N N (See Sec.4.4.1(d) 1) N Y N Y N N Junkyard N N N N N N N N N N N N N N N Laundromat N N N N CU N22 N22 CU13 N Y13 Y Y Y N Y27 Library N N N N Y CU CU Y N Y Y Y Y N N Lumber Yard N N N N N N N N N N CU10 Y N N Y Manufacturing-Light N N N N N N N N N CU14 CU14 CU CU14 CU Y Manufacturing N N N N N N N N N N N CU N CU Y Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM33 Marina N N Y N N N N N (See Sec.4.4.1(d) 1) N N N N N N Medical Lab N N N N CU N N N N CU Y Y N CU CU Mental Health Crisis Center N N N N N N CU (See §5.4.11) N N N N N N N N Museum–Small < 10,000 sqft N CU CU CU Y CU13 CU13 CU8,13 (See Sec.4.4.1(d) 1) Y Y Y Y CU Y23 Museum-Large >10,000 sqft N N N N CU N N N (See Sec.4.4.1(d) 1) N CU CU N CU CU23 Office - General N N N N N N N N N Y Y Y Y CU Y27 Office - Medical, Dental N N N N CU N22 N22 N22 N Y Y Y Y N Y27 Office-Technical N N N N N N N N N Y Y Y Y CU Y Open Air Markets N Y Y N Y CU CU CU (See Sec.4.4.1(d) 1) Y Y Y Y Y Y27 Operations Center – Taxi/Bus9 N N N N N N N N N N N CU11 N N Y Operations Center - Trucking9 N N N N N N N N N N N Y11 N CU11 CU Park N Y Y Y Y Y Y Y (See Sec.4.4.1(d) 1) Y Y Y Y CU CU27 Parking Garage 9 N N N N Y N N CU N CU Y N CU N CU Parking Lot 9 N N N N N N N N N N CU N N N CU Performing Arts Center N N N N Y N N N (See Sec.4.4.1(d) 1) CU Y N CU N CU27,32 Performing Arts Studio N N N N Y N N CU13 (See Sec.4.4.1(d) 1) CU CU CU Y N Y27 Pet Store10 N N N N N N N N N CU Y Y Y N N Pharmacy N N N N CU N22 N22 N22 N Y Y Y Y N N Photo Studio N N N N N N22 N22 N N Y Y Y Y N Y Photography Lab N N N N N N N N N CU Y Y Y CU Y Police Station - Central N N N N CU N N N N Y Y Y N N N Police Station - Local N N CU N Y CU CU CU N Y Y Y Y Y Y Post Office – Central Distribution Center N N N N N N N N N N Y Y N N Y Post Office - Local N N N N Y N22 N22 N22 N Y Y Y Y N N Printing Plant N N N N N N N N N N N CU N N Y Printing Shop N N N N CU N22 N22 N N CU Y Y Y N Y Public Transit Terminal N N N N Y N N N (See Sec.4.4.1(d) 1) N CU CU Y CU Y Urban Reserve Recreation, Conservation & Open Space Institutional Residential Downtown Mixed Usei Neighborhood Mixed Use Enterprise USES UR RCO - A RCO - RG RCO - C I RL/W RM/W RH DW-PT16 NMU NAC NAC- RC NAC-CR E-AE E-LM33 Public Works Yard/Garage9 N N N N CU11 N N N N N CU11 Y11 N CU Y Radio & TV Studio N N N N N N N N N N Y Y Y N Y Rail Equip. Storage & Repair N N N N N N N N (See Sec.4.4.1(d) 1) N N N N CU CU27 Recording Studio N N N N N N N CU N CU CU Y Y N Y Recreational Facility - Indoor N N CU N CU N CU CU (See Sec.4.4.1(d) 1) N Y CU N N CU271 Recreational Facility -Outdoor Commercial N N CU N CU N N N (See Sec.4.4.1(d) 1) N N CU N N N Recreational Facility -Outdoor N N Y N Y N N N (See Sec.4.4.1(d) 1) N Y Y CU N N Recreational Vehicle Sales – New and Used N N N N N N N N N N CU CU N N Y27 Recycling Center – Large 10 (above 2,000 sf) N N N N N N N N N N N N N CU CU Recycling Center - Small 10 (2,000 sf or less) N N N N CU N N N N CU CU CU CU CU Y Research and Development Facility N N N N CU N N N N CU CU CU CU CU Y Research Lab N CU N N CU N N N (See Sec.4.4.1(d) 1) N CU CU CU24 CU Y Restaurant N N N N N N22 N22 CU 8, 13 (See Sec.4.4.1(d) 2) Y13 Y Y Y13 N N Restaurant – Take Out N N N N CU13 N22 N22 N (See Sec.4.4.1(d) 1) Y13 Y Y Y13 N Y13,27 Salon/Spa N N N N CU N22 N22 N N Y Y Y Y N N School - Post-Secondary &Community College N N Y N CU N CU CU N CU CU CU CU N N School – Preschool (see Sec. 5.4.1) N CU8 CU8 CU8 CU CU13 CU13 CU13 N Y Y Y Y CU CU17,27 School - Primary N N N N CU CU CU CU N CU CU CU CU N N School - Secondary N N N N CU CU CU CU N CU CU CU CU N N School, -Trade, or Professional N N N N CU N N N N CU N N CU N CU27 Solid Waste Facility - Incinerator, Landfill, Transfer Station N N N N N N N N N N N N N CU CU Tailor Shop N N N N N N22 N22 CU N Y Y Y Y N N Warehouse N CU N N CU N N N (See Sec.4.4.1(d) 1) N N Y15 N Y Y Warehouse, Retail9 N N N N N N N N N N CU15 CU15 N CU CU Warehouse, Self-Storage9 N N N N N N N N N N N Y15 N N CU Wholesale Sales9 N CU N N N N N N N N N Y 15 N Y Y Worship, Place of N N N N CU CU CU Y N Y CU CU CU N N DRAFT ZA-23-01 Appendix A Use Table Amendments City of Burlington, VT 149 Church Street, 3rd Floor Burlington, VT 05401 Phone: (802) 865-7144 www.burlingtonvt.gov/plan 1. Residential uses are not permitted except only as an accessory use to an agricultural use. 2. Duplexes may be constructed on lots which meet the minimum lot size specified in Table 4.4.5-1. 3. Duplexes shall only be allowed as a result of a conversion of an existing single family home. New duplexes are prohibited. 4. No more than 5 rooms permitted to be let in any district where bed and breakfast is a conditional use. No more than 3 rooms permitted to be let in the RL district. 5. An existing fraternity, sorority, or other institutional use may be converted to dormitory use subject to conditional use approval by the DRB. 6. Must be owner-occupied. 7. Must be located on a major street. 8. Daycare centers and preschools in the RCO zones shall only be allowed when a small museum is the principal use. 9. Automobile sales not permitted other than as a separate principal use subject to obtaining a separate zoning permit. 10. Exterior storage and display not permitted. 11. All repairs must be contained within an enclosed structure. 12. No fuel pumps shall be allowed other than as a separate principal use subject to obtaining a separate zoning permit. 13. Permitted hours of operation 5:30 a.m. to 11:00 p.m. 14. Such uses not to exceed ten thousand (10,000) square feet per establishment. 15. Excludes storage of uncured hides, explosives, and oil and gas products. 16. See Sec.4.4.1(d) 2 for more explicit language regarding permitted and conditional uses in the Downtown Waterfront – Public Trust District. 17. Allowed only as an accessory use. 18. A permitted use in the Shelburne Rd Plaza and Ethan Allen Shopping Center. 19. [Reserved]. 20. Accepted agricultural and silvicultural practices, including the construction of farm structures, as those practices are defined by the secretary of agriculture, food and markets or the commissioner of forests, parks and recreation, respectively, under 10 VSA §1021(f) and 1259(f) and 6 VSA §4810 are exempt from regulation under local zoning. 21. See Sec. 4.4.7 (c) for specific allowances and restrictions regarding uses in the Urban Reserve District. 22. See Sec. 4.4.5 (d) 6 for specific allowances and restrictions regarding Neighborhood Commercial Uses in Residential districts. 23. Allowed only on properties with frontage on Pine Street. 24. Such uses shall not exceed 4,000 square feet in size. 25. Dormitories are only allowed on properties contiguous to a school existing as of January 1, 2010. 26. The mixed uses shall be limited to those that are either permitted, conditional, or pre-existing nonconforming in the zoning district. 27. For lots south of Home Avenue, this use is only permitted or conditionally permitted when one or more Industrial or Arts Production use(s) exists on the lot, and when the combined Gross Floor Area of all uses with this footnote does not exceed 49 percent of the Gross Floor Area. For lots north of Home Avenue within the EL-M district, this footnote does not apply. This use is permitted or conditionally permitted on lots south of Home Avenue only when one or more Industrial or Art Production use(s) exists on the lot, and when the combined gross floor area of all uses with this footnote does not exceed 49% of the Gross floor Area on the lot. 28. Grocery Stores up to but not to exceed 35,000 square feet may be permitted subject to conditional use approval by the DRB in that portion of the Enterprise-Light Manufacturing District between Flynn and Home Avenue. 29. Must be fully enclosed within a building. 30. New single detached dwellings are not permitted. However, a pre-existing single detached dwelling may be reverted to a single family use regardless of its present use if the building was originally designed and constructed for that purpose. 31. See special use standards of Sec. 5.4.13, Emergency Shelters. 32. Performing Arts Centers in the ELM zone shall be limited to properties with frontage on Pine Street up to 5,000 square feet in size, and to properties with frontage on Industrial Parkway up to 15,000 square feet in size. Performing Arts Centers may contain accessory space for preparation and serving food and beverages, including alcohol, provided this accessory space comprises less than 50% of the entire establishment. 33. See Sec. 4.5.8(c) 5 for permitted and conditional uses in the Enterprise – Innovation District (E-SEID) Overlay _____________________________________ i For permitted and conditional uses within the Downtown and Waterfront Form Districts, refer to Article 14.Legend: Y Permitted Use in this district CU Conditional Use in this district N Use not permitted in this district Abbreviation Zoning District RCO – A RCO - Agriculture RCO – RG RCO – Recreation/Greenspace RCO – C RCO - Conservation I Institutional RL/W Residential Low Density, Waterfront Residential Low Density RM/W Residential Medium Density, Waterfront Residential Medium Density RH Residential High Density DW-PT Downtown Waterfront-Public Trust NMU Neighborhood Mixed Use NAC Neighborhood Activity Center NAC-RC NAC – Riverside Corridor NAC-CR NAC – Cambrian Rise E-AE Enterprise – Agricultural Processing and Energy E-LM Enterprise – Light Manufacturing