Burlington Comprehensive Development Ordinance

Pursuant to 24 V.S.A. §4442 and §4444, notice is hereby given of a public hearing by the Burlington City Council to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO):

ZA-24-02 Neighborhood Code

ZA-24-02 Neighborhood Code Amendments 1-6

The public hearing will take place on Monday, March 25, 2024 during the Regular City Council Meeting which begins at 5:30 pm in Contois Auditorium, Burlington City Hall, 149 Church Street, Burlington, VT or you may access the hearing/meeting as follows:

On-line: https://zoom.us/j/92511527405

By telephone: +1 305 224 1968 US

Webinar ID: 925 1152 7405

Pursuant to the requirements of 24 V.S.A. §4444(b):

Statement of purpose:The purpose of the proposed amendment is as follows:

• ZA-24-02 Neighborhood Code — This amendment creates a new framework for the city’s residential zoning districts that enables a range of housing types, including single-family, ADUs, duplex through four-unit developments, as well as townhouses and small multi-unit buildings in some locations. These amendments enable greater flexibility for existing homes as well as a range of housing options within neighborhoods, create new zoning standards along transportation corridors identified in planBTV, and comply with Act 47 of 2023 of the VT Legislature.

• ZA-24-02 Amendment 1 – This amendment would reduce the allowable lot coverage in the Medium-Density Residential (RM) district to 55%.

• ZA-24-02 Amendment 2 — This amendment would reduce the maximum dwelling units per structure to 4 units in the RM district.

• ZA-24-02 Amendment 3 – This amendment would apply the Residential Low Density (RL) district to residentially-zoned parcels with frontage on sections of Colchester Avenue and North Avenue, which were proposed to be within the proposed Residential Corridor District, due to wildlife sightings.

• ZA-24-02 Amendment 4 – This amendment would apply the RL district to residentially-zoned parcels generally bounded by N. Willard St., Mansfield Avenue, Archibald St., and Pearl St, except for the first 200 ft. depth of the properties with street frontage on Pearl Street between N. Willard and N. Prospect which are in the proposed Residential Corridor District.

• ZA-24-02 Amendment 5 – This amendment would change all RL districts to RM districts within the City.

• ZA-24-02 Amendment 6 – This amendment is intended to increase compliance and accountability for permit applicants.

Geographic areas affected:

These amendments apply to the following areas of the city:

• ZA-24-02 Neighborhood Code — All current residential zoning districts (RL, RL-W, RM, RM-W, and RH) within the city with additional changes to expand the residential districts into the following adjacent parcels:

60 Austin Drive (057-2-112-000)

2076 North Avenue (021-2-052-000)

• ZA-24-02 Amendment 1 –All RM districts in the City.

• ZA-24-02 Amendment 2 — All RM districts in the City.

• ZA-24-02 Amendment 3 – This amendment would apply to residentially-zoned parcels with frontage on sections of Colchester Avenue and North Avenue, which were proposed to be within the proposed Residential Corridor District.

• ZA-24-02 Amendment 4 – This amendment would apply to residentially-zoned parcels generally bounded by N. Willard St., Mansfield Avenue, Archibald St., and Pearl St, except for the first 200 ft. depth of the properties with street frontage on Pearl Street between N. Willard and N. Prospect.

• ZA-24-02 Amendment 5 – This amendment would apply to all RL districts within the City.

• ZA-24-02 Amendment 6 – This amendment would apply to the entire City.

List of section headings affected:

The proposed amendments modify the following sections of the Burlington Comprehensive Development Ordinance:

• ZA-24-02 Neighborhood Code –

• Sec. 4.3.1 Base Districts Established, Map 4.3.1-1 Base Zoning Districts;

• Sec. 4.3.2 Overlay Districts Established;

• Sec. 4.4.3, Enterprise Districts, including Table 4.4.3-1, Map 4.4.3-1 Enterprise Districts;

• Sec. 4.4.5 Residential Districts; Map 4.4.5-1 Residential Zoning Districts; Tables 4.4.5-1, Minimum Lot Size and Frontage: RL, RL-W, RM and RM-W; Table 4.4.5-2, Base Residential Density; 4.4.5-3, Residential District Dimensional Standards; 4.4.5-5, Senior Housing Bonus; 4.4.5-7, Residential Conversion Bonus; 4.4.5-8, Maximum Density, Lot Coverage and Building Heights with Bonuses;

• Map 4.4.6-1, Recreation, Conservation and Open Space Districts;

• Sec. 4.5.1, Design Review Overlay District; Map 4.5.1-1; Design Review Overlay;

• Sec. 4.5.3, RH Density Bonus Overlay District and Map 4.5.3-1: RH Density Bonus Overlay

• Sec. 4.5.4, Natural Resource Protection Overlay (NR) District; Map 4.5.4-1 Natural Resource Overlay District;

• Sec. 4.5.5, RL Larger Lot Overlay District and Map 4.5.5-1, RL Larger Lot Overlay;

• Sec. 4.5.6, Mouth of the River Overlay District and Map 4.5.6-1, Mouth of River Overlay;

• Sec. 4.5.7, Centennial Woods Overlay District and Map 4.5.7-1, Centennial Woods Overlay;

• Sec. 4.5.8, South End Innovation District Overlay, including Tables 4.5.8-1, 2 & 3, and Maps 4.5.8-1 and 4.5.8-2.

• Sec. 5.2.1, Existing Small Lots;

• Sec. 5.2.4 (a) Buildable Area Calculation;

• Sec. 5.2.5 (b), Exceptions to Yard Setbacks Requirements;

• Sec. 5.3.4, Nonconforming Uses;

• Sec. 5.4.8, Historic Buildings and Sites;

• Sec 5.4.12, Mobile Home Parks;

• 6.2.2 (h) Design Review- Building Location and Orientation;

• Sec. 6.3.2 (a), Relate development to its environment, and 6.3.2(a) 1. Architectural Review- Massing, Height and Scale;

• Sec. 11.1.3 (PUD) General Requirements and Applicability and 11.1.4 (PUD) Modification of Requirements.;

• Article 13- Definitions;

• Appendix A- Use Table

• ZA-24-02 Amendment 1 –Table 4.4.5-1 Lot Size, Frontage, Setback and Lot Coverage Standards in Residential Districts.

• ZA-24-02 Amendment 2 – Table 4.4.5-2 Principal & Secondary Structures Massing and Placement Standards in Residential Districts.

• ZA-24-02 Amendment 3 – Maps 4.3.1-1 Base Zoning Districts and 4.4.5-1 Residential Zoning Districts.

• ZA-24-02 Amendment 4 – Maps 4.3.1-1 Base Zoning Districts and 4.4.5-1 Residential Zoning Districts.

• ZA-24-02 Amendment 5 –Maps 4.3.1-1 Base Zoning Districts and 4.4.5-1 Residential Zoning Districts, and all references to the Residential Low Density (RL) District will be modified to reflect Residential Medium Density (RM) standards throughout the CDO.

• ZA-24-02 Amendment 6 – Sec. 2.7.8, Withhold Permit.

The full text of the Burlington Comprehensive Development Ordinance is available online at www.burlingtonvt.gov/DPI/CDO. Upon request, a hard copy of the proposed amendments can be viewed at the Clerk’s Office located on the second floor of City Hall, 149 Church Street, Burlington, Monday through Friday 8:00 a.m. to 4:30 p.m. or online at https://www.burlingtonvt.gov/DPI/CDO/Amendments.