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