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Sabin's Pasture Area Working Group

Petitions
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  Main Page  |  Background and History  |   Petitions (2002-3)
2000 Master Plan Amendment  |  Zoning Amendments (2004-6)  |  Media Accounts  |  Contacts

Petition 1
On February 14, 2002, a petition with the signatures of at least five percent of Montpelier voters was submitted to the Montpelier Planning & Community Development office in accordance with what was then 24 VSA §4303(b) and is now 24 VSA §4414(b).
24 VSA §4414(b) reads:
"A proposed amendment or repeal prepared by a person or body other than the planning commission shall be submitted in writing along with any supporting documents to the planning commission. The planning commission may then proceed under this subchapter as if the amendment or repeal had been prepared by the commission. However, if the proposed amendment or repeal of a bylaw is supported by a petition signed by not less than five percent of the voters of the municipality, the commission shall correct any technical deficiency and shall, without otherwise changing the amendment or repeal, promptly proceed in accordance with subsections (c) through (f) [the standard bylaw adoption process] as if it had been prepared by the commission."

The Planning Commission held a public hearing on March 18, 2002 to consider the petition, which asked the Council to:
1) Adopt the proposed Revisions to the City of Montpelier Zoning and Subdivision Regulations as recommended by the Planning Commission on December 3, 2001 as an interim zoning regulation except that the following conditions would be added to proposed Section 406 C:17) no undue adverse impact on the character of the area affected by the project; 18) no undue adverse impact on aesthetic and historic resources; 19) no undue adverse impact on the City tax burden; 20) no undue adverse impact on traffic in the area affected by the project.
2) The interim measure would give the Planning Commission the authority to act as the Development Review Board until such time as the Development Review Board is appointed.
3) The interim Regulation shall remain in effect until such time as permanent action on the proposed regulation is taken.
The Commission did not take final action then because the petition coincided with other issues and potential revisions the Commission was considering to the December 3, 2001 draft, which was then before the Council. The Commission took final action on May 6, 2002 to recommend to the Council that the petition be rejected.  After several meetings on the matter of zoning revisions, the Planning Commission incorporated the changes it found appropriate into the new May 6, 2002 draft of Proposed Revisions to the Zoning and Subdivisions Regulations, transmitted under separate cover. With the transmittal of the May 6, 2002 draft, the Planning Commission also recommended that the Council reject the December 3, 2001 draft, the rejection to take effect the date the hearing notice for the May 6, 2002 draft is published.

In accordance with 24 VSA §4404: (a) "Not less that thirty nor more than 120 days after a proposed bylaw, amendment or repeal is submitted to the legislative body of a municipality under section 4403, the legislative body shall hold the first of one or more public hearings, after public notice, on the proposed amendment or repeal, and shall make copies of the proposal and any written report of the planning commission available to the public upon request. Failure to hold a hearing within the 120 days shall not invalidate the adoption of the bylaw or amendment or the validity of any repeal.
"

Petition 2
On March 7, 2003, a qualifying petition containing at least 5% of Montpelier registered voters was submitted to the City proposing an amendment to the City of Montpelier Zoning Map that would alter the zoning district designation of land commonly known as "Sabin's Pasture" along Barre Street, adjoining land owned by Vermont College, and adjacent neighborhoods. The proposed zoning map amendment would reduce the land area zoned General Business, enlarge the land area within the Low Density Residential District (predominantly Sabin's Pasture), and change the designation of the eastern end of Sibley Avenue and Foster Street, the length of Center Street, Kemp Avenue, and Sabin Street, and a portion of College Street from the High Density Residential to Medium Density Residential.

The Planning Commission held hearings on Monday, April 14, 2003 and Thursday, April 17, 2003, in the City Council Chambers, City Hall to review and consider the proposed amendment.
  Planning Commission report, April 14, 2003 (8 pages, 24 KB)Adobe Acrobat icon
Planning Commission April 14, 2003 minutes (15 pages, 171 KB)Adobe Acrobat icon
Planning Commission April 17, 2003 draft minutes (11 pages, 38 KB)Adobe Acrobat icon
Planning Commission Memo to City Council, April 23, 2003 (3 pages, 12 KB)Adobe Acrobat icon

Petition Proposed Zoning Map, March 2003 (1 page, 159 KB)Adobe Acrobat icon
Planning Commission Proposed Zoning Map, April 2003 (1 page, 197 KB)Adobe Acrobat icon

The City Council held a public hearing on May 28, 2003, where they considered and adopted the Interim Zoning.   On June 11, 2003, the City Council held a public hearing to consider the petition, and tabled the action on the item.  On August 6, 2003, the petition was formally rejected by the Council.
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For More Information

The Trust for Public Land
3 Shipman Place
Montpelier, VT 05602
(802) 223-1373

Katherine Cooper, katherine.cooper@tpl.org
Rodger Krussman, rodger.krussman@tpl.org
City of Montpelier
Planning and Community
      Development Department

39 Main Street, City Hall
Montpelier, VT 05062-2950
(802) 223-9506
planning@montpelier-vt.org
City of Montpelier
City Manager's Office

39 Main Street, City Hall
Montpelier, VT 05062-2950
William Fraser, City Manager
(802) 223-9502
wfraser@montpelier-vt.org

Updated February 7, 2006
 
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