The change in zoning required for the height increase from 65 to 160 feet asked for by Don Sinex may be Spot Zoning, and, thus, illegal. Although David White of the Planning Commission and the Mayor claim that the change in zoning is in keeping with our comprehensive plan (Plan BTV Downtown/Waterfront, 2013), there is, in fact, no evidence for this claim in this city document. In fact, the plan states that people are generally comfortable with our current zoning and that infill development need not mean increasing heights.
This article, from Planners Web explains the basics of Spot Zoning, emphasizing that the most important criteria for determining illegality rests in a change in zoning being out of character with surroundings and being in contradiction to a comprehensive plan.
Understanding Spot Zoning - PlannersWeb plannersweb.com/2013/11/understanding-spot-zoning-2/
Updates on plans for development of The Pit. Residents are asking Don Sinex to hold genuine public engagement listening sessions at our Neighborhood Planning Assemblies (NPAs) to hear what we want our city to look like, feel like, be like. We want a new green deal from whoever invests in developing The Pit. We want union labor, livable wages that will be a geyser of prosperity for downtown businesses and the tax collector. We can do this together, the Burlington way.
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