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Council ratifies settlement for former Pizza Hut corner; inclusionary units reduced and demolition set by May 1
Summary
The commission heard staff report that city council approved a stipulated judgment resolving litigation over a former Pizza Hut redevelopment; the approved terms adjusted the required inclusionary units to match 2024 regulations, required EV-ready parking, and set a May 1 demolition deadline.
Planning staff reported that the City Council approved a stipulated-judgment order to resolve outstanding litigation connected to redevelopment of a former Pizza Hut site, adjusting required inclusionary housing numbers to align with the city’s 2024 land development regulations.
Why it matters: The approval ends a multi-year review that included Development Review Board (DRB) denials, an appeal to the environmental court, and subsequent appeal to the Vermont Supreme Court. The council’s action lets an applicant move forward with a DRB‑approved site design after adjusting inclusionary-unit counts to the new 2024 rules.
Staff described the proposal as a three-structure redevelopment: a bank building at the corner of the former gas station, a mixed-use building with commercial on the first floor and 2–3 apartments above, and a three-story residential building behind with approximately 27–28 homes and underground parking. Staff told the commission the council decided not to send the applicant back through a repeat review for the now‑corrected inclusionary calculation, and instead accepted a stipulated judgment that closes outstanding court matters. Staff said the council also required the project to meet new EV‑ready parking standards and that the applicant agreed to demolish the existing buildings by May 1.
The council’s action also resolved an earlier DRB finding that a drive-through was not permitted; the applicant’s revised DRB application removed the drive-through. Staff said the final inclusionary count for one building in the approved configuration will be 6 of 30 units to align with the 2024 land‑development regulations; staff characterized the council vote as unanimous. The commission discussed the update but did not take any formal action on the redevelopment at this meeting.
