Burlington Free Press – 11.03.2016
A single sentence on Burlington’s November ballot poses a far-reaching question, one determine for decades to come the look and feel of downtown. Ballot Item no. 3 is dense with the language of bureaucrats:
Shall the amendment to Appendix A, Comprehensive Development Ordinance, of the Code of Ordinances of the City of Burlington, identified as ZA 16-14 Downtown Mixed Use Core Overlay be adopted by the City of Burlington?
In practical terms, a yes vote would allow the transformation of the two-story Burlington Town Center mall into a higher-rising cityscape of shops, residences and offices.
Burlington to vote on downtown TIF.
The measure also calls for reconnecting Pine and St. Paul streets, blocked since the 1970s by the mall and other so-called “urban renewal” projects.
Roughly two-and-a-half blocks between Cherry and Bank streets are included in the new zoning designation.
Although the new guidelines were crafted in part to advance the redevelopment of Burlington Town Center, they also apply to land occupied by Macy’s department store, three parking garages, the building that houses L.L. Bean, and 100 Bank St., which houses the Burlington Free Press.
A map of downtown Burlington shows the area (shaded in red) proposed for special zoning. (Photo: Courtesy City of Burlington)
An introduction to the 16-page zoning change states that its goal is “to facilitate the redevelopment of a portion of the former Urban Renewal Area in order to provide for a more walkable, connected, dense, compact, mixed use and diverse urban center.”
The proposal raises the maximum height for new buildings to 160 feet, from 105 feet, raising the limit to 14 stories.
Increased height in the downtown, promoted as part of a strategy to stimulate housing and business, has been criticized by some residents as a subversion of community standards. Proponents of the zoning change counter that opponents have repeatedly exaggerated the visual impact of the proposed redevelopment.
In other departures from existing zoning, the proposal requires new or “substantially rehabilitated” buildings to:
- House a mix of commercial and residential space, either of which must comprise a 25-percent minimum.
- Comply with LEED-Gold certified energy efficiency standards, or an equivalent standard.
- Incorporate “step-backs” on higher stories to allow more light at street level.
- Have facades with variations in texture, depth, materials and color.
- Ensure walls on street-facing ground floors have a minimum of 70 percent of space composed of windows or doors.
- Reduce storm water runoff; divert rain catchment from sewer lines.
- Build parking only below ground, behind “liner” buildings or above active ground floors.
- Shield roof-mounted air-handling equipment, antennae and elevator gear from ground view with set-backs and/or screens. These so-called “mechanicals” are permitted to rise up to 15 feet above the building’s maximum height, but may not exceed 20 percent of roof area.
City Council approved those provisions at its Sept. 29 meeting by an 8-3 vote.
Legally, the zoning change could have taken effect immediately after that decision.
The City Council voted to place the item on the November ballot in anticipation of a petition drive that would almost certainly have delayed action on developer Don Sinex’s project until Town Meeting Day.
A predevelopment agreement with Sinex approved 10-1 by the City Council in May placed review of the zoning measures, as well as a Council vote, on an expedited schedule.
The ballot item must be approved by a simple majority of city voters to pass.
Proposed Downtown Zoning Changes Sept. 29, 2016.
Also on the ballot:
- Ballot Item no. 1: A request by the city to borrow up to $27.5 million to, over the course of five years, repair roads and sidewalks; replace aging fire engines; and to continue repairs and rehabilitation of the waterfront bike path.
This measure requires a two-thirds majority to pass.
- Ballot Item no. 2: Would borrow $8.3 million, to be spent through 2020, to fund upgrades to the city’s water system, including the replacement aging, vulnerable underground water lines.
Because this bond would be repaid through revenues to the Public Works Department, it requires only a simple majority to pass.
Ballot Items no. 1 and no. 2 were approved unanimously by City Council on Sept. 19.
- Ballot Item no. 4: Related to the intent of the proposed zoning change (no. 3), this item asks voters to approve borrowing up to $21.8 million to pay for the acquisition of previously blocked portions of Pine and St. Paul streets.
That loan would be repaid gradually through anticipated increases in property tax revenues within the redeveloped area, and not through citywide tax increases.
This measure, commonly known as tax-increment financing, or TIF, also requires a simple majority to pass.
City Council approved the TIF spending on Sept. 26 by a 10-1 vote.
- Ballot Item no. 5: Clarifies the language used to define parking lots and garages within the city, and their funding mechanisms. It needs a simple majority to pass.
City Council unanimously approved the measure at its Sept. 26 meeting.
Ballot Item no. 6: A non-binding measure that asks the city to relocate portions of the waterfront bike path on the western side of railroad tracks between King and College streets.
It also advises the city to use the public trust doctrine or eminent domain to secure that goal.
This item, placed on the ballot through a public petition, requires a simple majority to pass.
This story was first posted online Nov. 3, 2016.br />
Contact Joel Banner Baird at 802-660-1843 or joelbaird@freepressmedia.com. Follow him on Twitter @VTgoingUp.