Burlington is developing a non-traditional approach to zoning. It's called Form-Based Code. (FBC)
Form-Based Code is a very different way of regulating what can and can not be built.
Instead of regulating the uses of proposed buildings in specific districts with less emphasis on appearance (the current "traditional zoning approach), Form-Based Code regulates mainly the size and appearance of a building within a specific region with less emphasis on uses. The proposed changes apply to the Downtown, Pine Street, and waterfront area. Although it sounds like a technicality, it is really a completely different way of regulating the built environment and development process. At it's core, it attempts to make allowable building patterns clear to developers and essentially whatever a developer chooses to build, can be built without exception from the City if s/he has met the published criteria.
In other words, the Development Review Board and Design Advisory Board would cease to exist as we know them and the current planning review process no longer would exist. This would appear to significantly ease the complexity of the permit approval process for a developer/owner and also restrict the City's ability to reject, revise, regulate or otherwise moderate the proposed plans. There would be virtually no appeals processes as we know them. The tricky part is that without planning and zoning review and feedback as we know it, the Code MUST transmit all of the intent of the City, and if certain parameters are not addressed in the code, they cannot be addressed during application.
The dominant discussion by proponents of FBC in our city revolve around the subjective/arbitrary nature of the current application and approval process and the undesirable delay on projects. There does not seem to be much objective data however on these delays and how significant the delays have been, and, what percentage of projects have historically been affected and experienced undue delays.
To give you a sense of whether this is FBC approach to zoning is common, according to the Form Based Code Institute; "Since 1981, approximately 400 form-based codes (FBCs) have been prepared for communities across the US, and as of 2012, 252 of them have been adopted.". And according to a study of the United States census completed for Walk Score in 2009, approximately 20,000 cities or metropolitan areas are located in the United States. So roughly 2 percent of US cities have considered or adopted FBC.
The Burlington Municipal Development Plan, adopted 2014, and the Plan BTV booklet publication (2013) has many general and specific recommendations for the fabric and feel of our community, and it is not at all clear that the majority of the published intentions will be adequately-evidenced in the statutes of the Form-Based Code.
Unfortunately the City Council and the Department of Planning and Zoning have been charged with creating the Form-Based Code (which is now essentially complete- in draft form) and deciding imminently whether to implement it. (as opposed to staying with the current zoning and application review process- or continued study )
There are very large issues involved in this proposed change, and it will very quickly have an effect on our city, the appearance (or lack of it) of the waterfront and view corridors and the pace, appearance, scale and cohesiveness of future development. Please educate yourselves as to this process. You can review the proposed code on the city's Planning and Zoning website here:
http://www.burlingtonvt.gov/sites/default/files/PZ/planBTV/Downtown_Plan/FBC%20Burlington%20[...]pdf
You can get an overview and see the schedule for upcoming public meetings under the "What's New" section here:
http://www.burlingtonvt.gov/PZ
And there is a FAQ section here:
http://www.burlingtonvt.gov/sites/default/files/PZ/planBTV/Downtown_Plan/FBC%20FAQs%2020150114.pdf
This is REALLY important stuff, as property owners and citizens of this city, and it is on a fast-track for acceptance, and as citizens and property owners we should all be trying to understand the potential effects during the "study" phase and voice concerns before the process is complete-potentially this spring. As with all new legislation, the intent may be one thing and the results in the "real world" may be something unanticipated. Get involved!
Here is the schedule for the remaining THREE public meetings where you can ask questions and get information from the Joint Council (City Council and Planning & Zoning):
◦Thursday, February 19 - 5:30pm - Contois Auditorium of City Hall.
◦Thursday, March 5 - 5:30pm - Room 12 of City Hall.
◦Wednesday, March 25 - 5:30pm - Room 12 of City Hall.
Do some research and see what you think of Form-Based Code and how it has worked in other cities. Please let your friends know that it's important to check this out and voice questions and concerns to the City Council quickly!
Oct 25, 2024
Join BPRW for a HUGE weekend of Halloween Fun!Oct 25, 6 PM to 3 PM, Oct 27, 2024
Free Film Showing- Burned: Are Trees the New Coal?Oct 27, 2024, 7 PM