Summary. The impact of Amendments 34 [Large Lot Overlay], and 38 [Buildable Area Calculation], are known, and recommended by the Planning Commission.
For a few years a special committee of the City Council (CCOC) worked along side the planning commission (PC) on the zoning rewrite. The Planning Commission would send amendments over to this committee for their review and comment. The CCOC would offer comments back to the PC. Some were incorporated by the PC and some were not. When the PC passed the zoning rewrite on to the City Council, some of the CCOC amendments were incorporated into the rewrite. The Planning Commission --in a memo that is available on the Planning & Zoning Dept website --appreciated some of the changes and opposed others. Some of the amendments referred to in Susan Dorn's email would restore the original Planning Commission language - which in my mind is a good thing. This is just a caution that not all the proposed amendments are last minute and untested. Some of them are the result of years of study by the PC. -Beth Humstone
Planning Commission
FROM: Peter Potts, Chairman, Burlington Planning Commission
DATE: 22 June, 2007
RE: DRAFT Burlington Comprehensive Development Ordinance – PC Comments
6. Buildable Area Calculation removed. The inclusion of a “buildable area
calculation” is a specific recommendation of both the City adopted Open
Space Protection Plan (2000) and Municipal Development Plan (2001 and
2006). This can result in properties with large amounts of unbuildable land to
be substantially overbuilt. This threatens important natural resources and can
result in development that is out of scale with its context. The Commission
supports retaining the proposal from the Commission’s recommended draft.
7. RL Large Lot Overlay District created to allow for larger minimum lot
size of 9,900 sqft in South Cove. The Commission supports this change,
but encourages the Council to also consider other neighborhoods in the City
that may be similarly affected.
The Purpose of the Re-write was to have new zoning reflect the actual development patterns that exist currently in neighborhoods. And, it was supposed to do no harm to these neighborhoods. This was stated in nearly every Re-write mission statement and document. The current on-line Rewrite web page says the following:
...the new ordinance proposes no significant changes in the City's actual land use pattern, or the currently allowed scale or intensity of new development. New development that is respectful of Burlington's character adds vitality to Vermont's largest city. The continued stability and protection of existing neighborhoods and resource areas as they currently are is emphasized throughout for:
· Residential Neighborhoods, and
· Natural Resource and Open Space areas. http://www.ci.burlington.vt.us/planning/cdo/overview.html
and:
The Burlington Legacy Project Action Plan and the 2006 Burlington Municipal Development Plan, and the Open Space Protection Plan each recommend changes to the ordinance to improve the efficiency and effectiveness of the permitting process; make the process easier to understand and navigate; clarify and consider expansion of protections for important historic, natural, and cultural resources; and, ensure that the design review process encourages a pattern and scale of development that is compatible with the surrounding neighborhood. http://www.ci.burlington.vt.us/planning/cdo/index.html
Amendment 38
Sec. 5.2.4 Buildable Area Calculation to be added as follows:
The intent of this section is to:
- To protect sensitive natural features;
- To prevent overdevelopment of properties that contain sensitive and unbuildable
areas, and ·
- -To ensure that new development fits within the existing scale and intensity of the
surrounding neighborhood.
For any properties two (2) or more acres in size within any RCO, RM, or RL zoning
district, the maximum building density or lot coverage shall be calculated using the
buildable area only. Buildable area shall not include those portions of the property
inundated at least six months per year by water including streams, ponds, lakes, wetlands
and other bodies of water; and, lands with a slope in excess of 30%.
The DRB may, if it determines that the public health, safety and welfare will be
appropriately protected, allow up to 50% of the maximum building density or lot
coverage to be calculated on lands with a slope between 15-30% if the applicant can
demonstrate that the additional density or lot coverage will be compatible within the
existing scale and intensity of the surrounding neighborhood, and not have an undue
