[B]URLINGTON — A familiar scene played out at Tuesday night’s Planning Commission meeting, where the agenda included preliminary discussion of a zoning change meant to accommodate a massive downtown redevelopment project.
At recent public meetings when the $220 million plan to replace the Burlington Town Center mall has come up, it’s drawn an outpouring of public sentiment, both for and against.
That was the case again Tuesday during more than two hours of public comment at only the first of several meetings before a commission that will simply make a recommendation to the City Council.
It was a vivid illustration of the anxiety of both supporters and opponents.
For opponents, the redevelopment represents a playground for the rich that will ruin Burlington’s small-town New England character. Supporters hope it will save Burlington — and by proxy the entire state — from parochial obscurity and economic decay.
One side says approval is being rushed; the other says the city can’t afford to drag its feet or the mall’s owner, Don Sinex, will take his $200 million investment off the table.
The zoning overlay under discussion would increase the allowable height for buildings in a portion of downtown, including along Church Street.
“This is a watershed moment in Burlington’s history,” Genese Grill, a founder of the Citizens for a Livable City Coalition, told commissioners. “Either we show developers and our mayor that they can do whatever they please with our city, or we take a stand for maintaining zoning that represents the will of the citizens.”
The project would include offices, housing and commercial space in two buildings, with towers reaching 14 stories or 160 feet. Voters will be asked to approve $21 million in public spending, financed with a portion of the increased taxes resulting from the project, to reconnect Pine and St. Paul streets through the current mall property.
“I think we need to embrace development and smart growth,” said Rich Price, a father of five, who argued the additional tax revenue could help improve city infrastructure and schools.
A pre-development agreement between the city and Sinex is predicated on the approval of a zoning overlay in a portion of downtown that includes the current mall.
Downtown zoning allows 65 feet of height, with exceptions for up to 105 feet when developers offer public amenities beyond what is required for things such as affordable housing.
City officials gave the Planning Commission proposed language for the zoning overlay that would increase the allowable height in it to 160 feet. It would also increase the height for properties in the overlay fronting Church Street from 38 feet to 45 feet and reduce setback requirements.
David White, director of planning and zoning, told commissioners the city hopes to have their recommendation in time for the council’s July 11 meeting.
In addition to approval of the zoning change, the project will need to pass muster with the Development Review Board and the Design Advisory Board and secure building permits. It also needs City Council approval of a final development agreement and voter approval of the tax increment financing for the new streets.
There is consensus that the current mall needs a makeover. However, opponents of Sinex’s plan argue the city shouldn’t rewrite its zoning specifically for the project, and that it would make it difficult for the city to reject future proposals for tall buildings within the overlay.
Proponents, including the mayor and city officials, argue that the area proposed for the overlay has long been agreed upon as the place where the city should allow taller buildings. They also say infill development is key to sustainability and economic vibrancy.
Critics, including City Councilor Max Tracy, P-Ward 2, said proponents are using a 130-page planning document the council unanimously endorsed in 2013 — called PlanBTV Downtown and Waterfront — to justify bending over backward for Sinex.
Mayor Miro Weinberger, who attended Tuesday’s meeting, said PlanBTV does not state a specific position on height downtown; rather, he said, it describes the need for infill development to bring housing and jobs downtown. The city and its boards and commissions are determining what that will look like, he said.
Although PlanBTV could not anticipate the specifics of the proposals that would come forward, it does call for public-private partnerships to bring projects that meet its goals to fruition, Weinberger said.
The mayor said that although he favors the project, he will continue to listen to residents’ concerns and incorporate their feedback when possible.
“I hope we find a way to come together and get it right. I think there is a lot at stake on this in the future of Burlington,” he said.
Weinberger said some of the concerns he heard from residents Tuesday evening were based on misinformation, and the city and Sinex have published responses to frequently asked questions about the project on the city website.
Jason Van Driesche, deputy director of Local Motion, a bike and pedestrian advocacy group, urged opponents to continue a dialogue with the city and Sinex and resist a tendency to “kill projects that aren’t perfect.”
He suggested that the zoning change be “something that has to be earned rather than something that is given by right.” Van Driesche said that could allow the city to leverage more affordable housing or additional public amenities from Sinex and other developers who wish to take advantage of the overlay’s height allowances.
City Councilor Joan Shannon, D-South District, said in prepared remarks read by the commission that, in contrast to what opponents argue, the city is getting many public benefits in exchange for the additional height. However, she urged the commission not to accept the height changes on Church Street and to maintain the current height-to-setback ratios for the entire overlay.
Councilor Tracy, the lone no vote on the predevelopment agreement, said he doesn’t believe the project, as conceived, is worth the $21 million public investment or allowing the additional height in the overlay district.
“What are we doing here that’s really worth this height? Is student housing worth it? Are luxury condos worth it? I don’t think so,” Tracy said. Sinex has announced a partnership with Champlain College for students to occupy at least 80 of the 274 planned units.
Sinex should be required to go “well beyond” the city’s inclusionary zoning requirement for affordable housing, and that housing should come in a variety of sizes integrated with the other units, Tracy said.
Correction: Jason Van Driesche is deputy director of Local Motion, not executive director.
