Rutland planning commission endorses demolition plan for Diamond Run Mall to meet Act 250 stormwater rule

The Town of Rutland Planning Commission on May 29 voted that the proposed demolition of most of the Diamond Run Mall, as presented to the commission, conforms with the town plan.

The demolition plan was described to commissioners by the mall's attorney, David Grasick, who said the project is designed to bring the site into compliance with Vermont's 3-acre stormwater rule and that Department of Environmental Conservation approvals for solid-waste and stormwater matters are included in the application. Grasick said the work will reduce impervious surface on the site by about 25 percent.

The commission's endorsement is intended to assist the property owner in the Act 250 application process. The attorney told the commission the filing includes a municipal impact questionnaire — a required part of Act 250 review under its Criterion 10 — and that the select board will be discussing the application at its June 3 meeting. Grasick said the Kmart portion of the property will remain standing; most of the rest of the mall is proposed to be demolished. A waste-management plan submitted with the application calls for on-site recycling, reuse and temporary storage of demolition materials prior to off-site processing.

Commission members asked where future development might occur and whether leaving the Kmart building standing could continue to attract unauthorized uses. Grasick said there is currently no plan or deal for the remaining Kmart space but that the owner intends to retain it because it remains sound and could be used in the future; he said the demolition is separate from, and will proceed regardless of, any later commercial applications such as a potential Walmart filing. He also said the demolition is expected to reduce the site’s attractiveness for unlawful use and that securing the remaining building would be in the owner's interest to protect its investment.

Commissioners reviewed site maps showing the existing condition, the areas that will be grassed after demolition and the impervious areas proposed to remain. Grasick and commissioners noted that the Spartan Arena sits on a separate parcel and that remaining development activity would occur within the mall’s existing ring-road footprint.

After discussion about municipal-service impacts and public-safety concerns for the portion of the site that would remain, Commissioner Jerry moved, Commissioner Howard seconded, and the commission adopted an amended motion finding the proposed demolition, as presented, conforms with the town plan and asking that the select board and relevant departments continue to consider concerns about securing the remaining building. The motion passed unanimously.

The commission requested that its determination be communicated to the select board prior to the board's June 3 meeting. Grasick said he will file a notice in the Act 250 database reporting that the planning commission met, considered the application, and determined it conforms with the town plan.

The Demolition and Act 250 filings also reference Otter Creek as the receiving water for stormwater discharges and attach DEC documentation, including a construction general permit intended to prevent sediment discharges during work and the permit to meet the 3-acre stormwater rule.