Sponsor: Office of Planning, Planning Commission, Ordinance Committee
Public Hearing Dates: 07/24/23
First reading: 02/06/23
Referred to: Ordinance Committee
Rules suspended and placed in all stages of passage:
Second reading: 07/24/23
Action: adopted as amended
Date: 07/24/23
Signed by Mayor: 07/26/23
Published: 08/02/23
Effective: 08/23/23
In the Year Two Thousand Twenty-Three It is hereby Ordained by the City Council of the City of Burlington as follows:
That Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Section 4.4.3, Enterprise Districts; Table 4.4.3-1, Dimensional Standards and Density; creating Sec. 4.5.8, Enterprise-South End Innovation District Overlay; creating Map 4.5.8-1, South End Innovation District (E-SEID) Overlay Boundary; Table 4.5.8-1: SEID Dimensional Standards & Density; 4.5.8-2 SEID Specific Height Area Map; Table 4.5.8-2, Frontage and Activation Standards; Table 4.5.8-3, Uses Permitted & Limited within the SEID; amending Sec. 9.1.12, Additional Density and Other Development Allowances; Sec. 9.1.13, Off-Site and Payment in Lieu Options; amending Article 11, Planned Development, Section 11.1.3, General Requirements and Applicability; Article 13, Definitions; and Appendix A- Use Table, thereof to read as follows:
Sec. 4.4.3 Enterprise Districts
(a) Purpose:
The two2 Enterprise districts as illustrated in Map 4.4.3-1 are described as follows:
1. The Light Manufacturing (E-LM) district is the traditional primary commercial/industrial center of Burlington, and is intended primarily to accommodate enterprises engaged in the manufacturing, processing, distribution, design, creating, repairing, renovating, painting, cleaning, or assembling of physical and digital goods, merchandise, or equipment., or art. without potential conflicts from interspersed residential uses. Other accessory commercial uses are allowed to support a wide range of services and employment opportunities. This district is intended to ensure that sufficient land area is appropriately designated within the city to provide an adequate and diversified economic base that will facilitate high-density job creation and retention. This district is primarily intended to provide for various industrial and commercial uses, with specific provisions and limits intended to preserve and enhance areas of varied character throughout district. In some locations, commercial and residential uses are allowed to support the wide range of services and employment opportunities desired in the district, and support adjacent suitable for location in areas of proximity to residential development. Development is intended to respect interspersed historic industrial buildings, and reflect the industrial aesthetic of the district’s past. Parking is intended to be hidden within, behind, or to the side of structures. This district includes the SEID overlay which is intended to facilitate the redevelopment of a central portion of the E-LM into a walkable, mixed-use innovation district.
2. As written.
Map 4.4.3-1 Enterprise Districts As written.
(b) Dimensional Standards and Density
The density and intensity of development, dimensions of building lots, the heights of buildings and their setbacks from property boundary lines, and the limits on lot coverage shall be governed by the following standards:
(c) Permitted and Conditional Uses:
1. As written.
2. Within the E-LM district, uses unrelated to Industrial or Art Production are permitted to be located on lots south of Home Avenue only when both of the following conditions are satisfied. For lots north of Home Avenue within the EL-M district, this standard does not apply.:
a. When Oone or more Industrial and/or Art Production use(s) exists on the lot; and
b. When Tthe combined Ggross Ffloor aArea (GFA) of all uses unrelated to Industrial or Art Production other use(s) does not exceed 49% of the gGross fFloor aArea on the lot. Uses limited by this provision are identified by Footnote 27 in Appendix A-Use Table; all uses marked as conditional use or with additional footnotes in Appendix A continue to apply.
3. Uses that may be permitted, or conditionally permitted within the South End Innovation District overlay (SEID) are identified on Table 4.5.8-3.
(d) District Specific Regulations:
1. Convenience Stores.
The following shall apply to the review and approval of convenience stores in the E-LM district, except as regulated in Sec. 4.5.8: South End Innovation District, in addition to the provisions for the review of Conditional Uses under Art. 3 and General Regulations for convenience stores under Art 5:
A. – E. As written.
2. Drive Thrus are not permitted.
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Sec. 4.5.8. South End Innovation District Overlay
(a) Purpose
The South End Innovation District Overlay (SEID) is intended to provide for a dense, vibrant and dynamic mixed-use district. The overlay is unique in its allowance for residential uses in an in that it limits the most intensive manufacturing and industrial uses allowed elsewhere in the district. The overlay permits arts, employment, and other non-residential uses intrinsic to an amenity-rich, convenient urban neighborhood.
Development is intended to be dense and highly sustainable. Lot coverage standards permit significant development but require a high degree of permeable surfaces achieved through green stormwater infrastructure. Buildings should range in height from one to eight stories, and should be constructed of materials and in manners that limit embodied carbon and achieve the highest possible energy performance permitted by the Vermont Building Code. Sites should incorporate ample public and private open spaces and include extensive networks of accessible paths that are free of cars. Streets should be constructed in a manner that allocates the majority of their space to pedestrians and cyclists. Buildings should be oriented to the public realm – streets, paths and open spaces, in a manner that creates a safe and inviting district. Site and building design should support public and ecological health to the highest possible degree.
Parking should be hidden behind structures, including perimeter buildings or screening devices. Where possible, parking structures should be located along the most heavily trafficked roads to encourage residents, employees and visitors who arrive by car to park at the district’s edge and travel on foot, by bike, or other mode of transportation that is compatible with Burlington’s climate objectives. Special consideration should be given to the design and construction of parking structures to allow for their renovation to other uses in coming decades as Burlington evolves from car dependence.
(b) Areas Covered.
The South End Innovation District includes those portions of the E-LM Zoning District as delineated on Map 4.5.8-1.
Map 4.5.8-1 SEID Overlay
(c) District Specific Regulations
Table 4.5.8-1: SEID Dimensional Standards & Density
1. Dimensional Standards & Density
Within the SEID the standards set forth in Table 4.5.8-1 shall apply to new development and redevelopment, except:
a. Floors 7-8 may increase maximum size to 15,000 sq.ft. per floorplate for buildings constructed of Mass Timber consistent with currently adopted Building Code as contained under Chapter 8 of the City Code of Ordinances.
b. The maximum lot coverage may be increased by 10%, to a maximum of 90%, if the site is certified as Gold or Platinum under the SITES system, as administered by Green Business Certification, Inc. (GBCI) or if all of the pervious area on the lot is constructed from one or more of the following Green Stormwater Management (GSI) techniques: constructed wetland, suspended pavement planted with one shade tree per 250 square feet of area, or pervious pavement. No more than 50% of the GSI area may utilize pervious pavement.
Map 4.5.8-2 SEID Specific Height Area Map
Table 4.5.8-2: Frontage and Activation Standards
2. Frontage and Ground Floor Activation Standards
A. Lot Frontage Occupied by Buildings: Buildings shall be placed on a lot such that they frame Streets and Public Paths. The percentage of a lot’s frontage that must be occupied by a building(s) located between the minimum and maximum setback is determined by Table 4.5.8-2.
(i) Primary and Secondary frontages must be identified by the property owner. Each Block must contain at least one Primary frontage.
(ii) A lot’s frontage buildout may be reduced by up to 10 percent upon the determination of the Zoning Administrative Officers that the relief is necessary to access to the rear of the lot as a result of lot width or building placement constraints.
B. Building Frontage Occupied by Non-Residential Uses: Buildings fronting on Streets of Public Paths. must contain a minimum amount of non-residential uses on the ground floor as determined by Table 4.5.8-2.
i. Building corners, when located at the intersection of two Streets or Public Paths, must include non-residential uses.
ii. The depth of a building’s ground floor non-residential uses shall be at least an average of 15 feet, measured orthogonally from the building facade.
iii. For all Streets and Public Paths, Primary and Secondary frontages must be identified by the property owner.
iv. The minimum non-residential frontage requirements may be reduced to 35% for Primary Frontages and 0% for Secondary Frontages using one of two, but not a combination thereof, of the alternative compliance methods described below:
Alternative 1: The required percentage of ground floor non-residential uses may be reduced in 15% increments for each Primary frontage and 7% increments for each secondary frontage for each of the following methods.
a. At least 30% of non-residential use ground floor area is maintained as affordable for at least 30 years, as defined and administered by the Community and Economic Development Office (CEDO).
b. A building is placed adjacent to one or more publicly accessible open spaces on the same lot. Such open spaces must be at least 4,000 sq.ft. in area and no portion of the open space may have a dimension less than 10 feet. Qualifying open spaces may be located in a courtyard on the building’s frontage, to the side, or in front of the building for which a reduction in ground floor non-residential use is being sought.
c. A building containing residential uses includes an allocation of at least 10% three-bedroom units and 15% percent two-bedroom units.
Alternative 2:
A detached, one- or two-story permanent structure containing non-residential uses that is constructed within or adjacent to the public realm, including Rights-of-Way, or open space on the same lot may be provided in lieu of required ground floor non-residential uses on a one-to-one basis as determined by the square footage of the detached structure.
v. In buildings with 16 or fewer units, the non-residential ground floor use is not required to be in the building as long as an equal amount of non-residential square footage is provided in another building on the same lot.
C. Ground Floor Entries: At least one ground floor public entry, not including service doors, is required each 60′ linear feet of each building façade fronting on a Street, Public Path or open space on the same lot.
3. Parking
A. No more than 25 total spaces or 15% of the Lot’s area, whichever is greater, may be permitted in Surface Parking Lots on any one lot. For the purposes of this standard, Surface Parking Lot area shall include area of all stalls and drive aisles. The total number of off-street parking spaces provided shall not be more than as allowed in Table 8.1.9-1. On Primary Frontages, Parking is not permitted between a building and the Street or Public Path. In such Parking Lots, priority parking spaces shall be made available, as described in Sec. 8.1.16 (c) c.4 – Parking Management.
B. Structured Parking
i. All above ground Parking Structures shall be located behind a Perimeter Building, or screened so that cars and internal structure lighting are not visible from adjacent streets or properties. Screening can be provided by architectural structure or vegetative trellis.
ii. Parking Structure ingress/egress shall be consolidated into one façade opening and shall not exceed 24 feet in width or shall be separated into no more than two openings per façade, with a combined width of no more than 28 feet. Each façade opening shall not exceed 16 feet clear height.
iii. At least one pedestrian route shall lead directly to a Street or Public Path. When portions of a Building containing parking front on more than one street, multiple pedestrian routes to the Frontage are strongly encouraged.
4. Uses
Within the E-SEID, only the following uses shall be permitted.
Table 4.5.8-3 Uses Permitted & Limited within the SEID
Permitted Uses:
Residential1:
Assisted Living
Attached Dwellings – Multi-Family
Co-Housing
Convalescent/Nursing Home
Emergency Shelter
Group Home
Dormitory
Non-Residential:
Adult Day Care
Agricultural Use
Amusement Arcade
Animal Boarding/Kennel Shelter
Animal Grooming
Animal Hospital/Veterinarian’s Office
Appliance Sales/Service
Art Gallery/Studio
Bakery
Bank/Credit Union
Bar/Tavern
Beauty/Barber Shop
Bicycle Sales/Repair
Billiard Parlor
Bowling Alley
Cafe
Cinema
Community Center
Community Garden
Convenience Store
Crisis Counseling Center
Daycare
Dry Cleaning Service
Film Studio
Fire Station
Food & Beverage Processing
Garden Supply Store
General Merchandise/Retail – Small < 4,000 sf
Grocery Store ≤ 10,000 sf
Health Club
Health Studio
Laundromat
Library
Manufacturing – Light
Mental Health Crisis Center
Museum – Small ≤ 10,000 sf
Office – General
Office – Medical/Dental
Office – Technical
Open Air Markets
Park
Parking Garage2
Parking Lot2
Performing Arts Center
Performing Arts Studio
Pet Store
Pharmacy
Photo Studio
Photography Lab
Place of Worship
Police Station – Local
Post Office – Local
Printing Plant
Printing Shop
Public Transit Terminal
Public Works Yard/Garage
Radio & TV Studio
Recording Studio
Recreational Facility – Indoor
Recreational Facility – Outdoor
Research & Development Facility
Research Lab
Restaurant
Restaurant – Take Out
Salon/Spa
School – Post-Secondary and CC
School – Preschool
School – Primary
School – Secondary
School – Trade, or Professional
Tailor Shop
1. Residential uses are permitted only in new buildings, or in additions to existing buildings, built after January 1, 2023.
2. Parking Structure and Parking Lot uses are regulated by Sec. 4.5.8(c) 3 Parking and Table 4.5.8-1 SEID Dimensional Standards & Density.
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ARTICLE 9 INCLUSIONARY AND REPLACEMENT HOUSING
Sections 9.1.1 – 9.1.11 As written.
Sec. 9.1.12 Additional Density and Other Development Allowances
All covered projects shall be entitled to increases in the development allowances of the underlying zoning district in accordance with the provisions of this section.
(a) Any covered project shall be entitled by right to an increase in the maximum lot coverage density/intensity, and, where applicable, height allowed for the lot(s) on which the project is located. Calculations for these entitlements shall be based on the following tables:
Sec. 9.1.13 Off-Site and Payment in Lieu Options
(a) Off-Site Option
The developer of a covered project may construct inclusionary units on a lot (or lots) within the City of Burlington other than that on which the covered project is located as determined by HUD’s Low- and Moderate-Income Summary Data as updated annually. The offsite option may be utilized by right per the following scenario:
(1) – (2) As written.
In all cases, utilization of the off-site option shall be subject to the following conditions:
i. – v. As written.
The off-site option shall not apply to a project located within a waterfront zoning district or the South End Innovation District overlay (E-SEID), nor shall it apply to off-campus student housing projects as defined by this Article. For the purposes of this Sec. 9.1.13, “site” shall consist of all adjacent lots which are the subject of a PUD or other single development application.
(b) Payment In-Lieu Option
The developer of a covered project may provide a payment in lieu to the Housing Trust Fund rather than construct inclusionary units on or offsite contingent on AMI as determined by HUD’s Low- and Moderate-Income Summary Data. The payment in lieu option may be utilized by right under the two following scenarios:
(1) – (2) As written.
The payment in lieu option shall not apply to a project located within a waterfront zoning district or the South End Innovation District overlay (E-SEID). For the purposes of this Sec. 9.1.13, “site” shall consist of all adjacent lots which are the subject of a PUD or other single development application.
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ARTICLE 11: PLANNED DEVELOPMENT
Secs. 11.1.1 – 11.1.2 As written.
Sec. 11.1.3 General Requirements and Applicability
With the exception of development subject to the requirements of Art. 14, any development involving multiple lots, tracts or parcels of land to be developed as a single entity, or seeking to place multiple structures and/or uses on a single lot where not otherwise permitted, may be permitted as a PUD subject to the provisions of this Article.
A planned unit development may be permitted subject to minimum project size as follows in the following districts:
Sec. 13.1.2 Definitions
For the purpose of this ordinance certain terms and words are herein defined as follows:
Unless defined to the contrary in Section 4303 of the Vermont Planning and Development Act as amended, or defined otherwise in this section, definitions contained in the building code of the City of Burlington, Sections 8-2 and 13-1 of the Code of Ordinances, as amended, incorporating the currently adopted edition of the American Insurance Association’s “National Building Code” and the National Fire Protection Association’s “National Fire Code” shall prevail.
Additional definitions specifically pertaining to Art. 14 planBTV: Downtown Code can be found in Sec. 14.8, and shall take precedence without limitation over any duplicative or conflicting definitions of this Article.
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Block: The aggregate of private Lots, Passages, Rear Alleys, and Rear Lanes, circumscribed by Streets and Public Paths.
Block Perimeter: The allowable maximum distance, measured linearly, of the Streets and Public Path circumscribing a block.
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Bowling Alley: An indoor facility that devotes more than 50 percent of its gross floor area to comprised of bowling lanes and, equipment, and customary playing areas with customary accessory uses such as arcades, play areas, restaurants, and snack bars.
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Co-Housing: Multi-unit residential buildings containing individual dwelling spaces which include bathroom facilities and may or may not contain individual kitchen facilities. Within such residential buildings, residents share amenities, such as full kitchens, and open space in a communal living arrangement. In zoning districts where dwelling unit per acre density limits are applicable, four (4) individual dwelling spaces shall be the equivalent of one Dwelling Unit.
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Constructed Wetland: Stormwater treatment systems that use natural processes involving wetland vegetation, soils and their associated microbial assemblages to improve water quality.
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Floor Plate: The above-ground gross floor area of each story of a building. Below-ground floor area is not included where maximum floor plate standards are established.
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Green Stormwater Management: Low impact stormwater management infrastructure utilizing soil-water-plant systems to intercept stormwater and facilitate its infiltration, evaporation and release into waterbodies in a manner that promotes ecological health and environmental resilience.
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Mass Timber: A method of construction defined as Type IV in the Building Code (International Building Code) and where the majority of structural load-bearing members are made of wood with a minimum dimension of 3.75 inches.
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Passive House: A building construction standard that results in highly energy efficient buildings through use of airtight building envelopes, ventilation, waterproofing, heating and cooling, and electrical loads as certified and administered by Passive House Institute (PHI or PHIUS).
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Perimeter Building: A shallow medium to large sized attached or detached Building that is always associated with and screens an above ground Parking Structure.
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Public Path: A Right-of-Way that provides a main route of transportation for non-vehicular access. Public Paths must be designed to standards defined by DPW to provide emergency vehicle access.
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Pervious Pavement: Pervious pavement is a permeable pavement surface with an underlying stone reservoir that temporarily stores surface runoff before infiltrating into the subsoil. Pervious pavement includes porous asphalt, pervious concrete, grass pavers, and plastic grid systems, or their equivalents as deemed acceptable by the Stormwater Administrator. Alternatives to traditional pavement that allow rain and snowmelt to infiltrate underlying layers of soil and gravel in a manner that reduces runoff and promotes pollutant filtration.
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Right-of-Way: The real property or other legal instrument, such as an access easement, associated with transportation infrastructure, including but not limited to Streets and Public Paths.
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Suspended Pavement: A site construction technology that supports the weight of overlying pavement and creates a subsurface void that is filled with soil for root growth.
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Appendix A- Use Table
* Material stricken out deleted.
** Material underlined added.
MT/KS/Ordinances 2023/ZA-23-01 South End Innovation District Overlay
07/24/23 Final