The urban waterfront is generally defined as the area bounded on the north by
so-called Texaco Beach and on the south by the Barge Canal. Once the region’s
lively, bustling center of transportation and manufacturing activity, the
Waterfront played a major role in the early history of Burlington. During this
century commerce and transportation have turned away from the Lake to locations
more convenient to roads and highways. As a result, by 1990 there were, on
Burlington’s urban waterfront, more than 100 acres of land that could be
characterized as blighted, neglected, underutilized, and/or inappropriately
utilized. Remnants of past industrial uses, such as junkyards, auto body shops,
coal plants and oil storage terminals were abundant.
Since the 1960s, the people of Burlington have once again focused their
attention on the Waterfront and the opportunities that exist to revitalize this
irreplaceable resource. In the past 35 years, serious planning for a new
waterfront has included dozens of studies, models, plans and development
proposals that have been brought forward for pubic review. Many of those
documents are listed in Appendix H: Bibliography.
As part of this refocusing of attention on the waterfront the City of
Burlington has spent millions of taxpayers’ dollars, including local property
tax revenues, to convert a decaying industrial area into a high quality public
facility offering free access to Lake Champlain with unparalleled views of the
Adirondack Mountains. This public space supports numerous activities and events
which are enjoyed by the residents of and visitors to Burlington. A side benefit
from the creation of this new taxpayer-supported public facility is an increase
in the value of adjoining private property through the substantial improvement
of the waterfront. Properties no longer overlook a coal fired electric plant,
oil tanks, junkyards, and an active grain elevator; instead, they overlook a
public park that provides access to the lake and all its amenities.
In the 1970s and 1980s, the City considered three major private development
proposals for the Waterfront. One, proposed by Triad, Inc. in the late 1970s,
consisted of 100 condominiums, a breakwater, a 100-boat marina, 70,000 square
feet of commercial construction and 250 residential rental units. The first
phase of that project was approved by the Planning Commission. The City applied
for and received a UDAG federal grant to assist in the financing of this
project. The project fell through as Triad was not able to secure the necessary
financial commitments.
In 1980, plans by the Pomerleaus for Breakwater Place were unveiled. The $35
million project included a 150-room hotel, retail space, a 100-slip marina, and
240 condominiums in 18-story buildings. This project was eventually withdrawn
following objections from the Waterfront Board and other citizens.
In 1984, the Alden Waterfront Corporation assembled 25 acres of property and
retained Benjamin Thompson and Associates to prepare a Master Plan for the
development of this land. Alden’s $100 million mixed-use development was the
topic of lively debate and discussion for a 2-year period. The proposal died in
December 1985, when the two-thirds majority vote required for the approval of a
tax increment financing (TIF) proposal failed to receive the required support.
In the late 1980s, following these private attempts at developing the
Waterfront, it became clear that a need existed for the City to develop an
integrated, comprehensive redevelopment strategy for the waterfront that would
result in broad public use and enjoyment of this most precious resource. That
effort resulted in the 1990 Urban Renewal Plan for the Waterfront
Revitalization District. The Plan was adopted by two-thirds of
Burlington voters in November 1990. This document is a revision to that Plan.
To understand the context of the passage of the 1990 Plan, it is important to
understand two landmark events in recent Waterfront history: the CVR agreement
providing for the City’s acquisition of Waterfront property; and the Vermont
Supreme Court ruling that the filled lands in Burlington’s harbor were subject
to the Public Trust Doctrine.
In June 1990, the State of Vermont, the Central Vermont Railway (CVR), and
the City reached an agreement relating to all of CVR’s 62 acres of land on
Burlington’s Waterfront. The Agreement resolved long-standing differences,
ended years of litigation, and opened the way for the City to proceed with the
revitalization of the Waterfront.
The Agreement allowed the City to control and direct both its recreational
and economic development future. It allowed community consensus to determine the
ideal mix of open space, and public and private use in this vital area into the
foreseeable future.
- CVR would immediately convey to the City of Burlington, for a
price of $500,000, all rights and interests to the lands proposed for the
waterfront park and promenade. That price would satisfy all outstanding
claims for refund of taxes paid by CVR to the City under protest, and
allowed the City to avoid condemnation proceedings. CVR would continue a
right-of-way along the eastern boundary of the park.
- CVR gave the City an option to acquire the balance of the
property on the waterfront with the exception of a right-of-way required for
continued railroad operations. The optioned land included approximately 22
acres of filled land and 30 acres of unfilled lands. The City would have up
to 18 months from the date of the agreement to decide to purchase the land.
- The City and CVR would join together to support State
legislation which would permit additional public uses of filled lands. The
State would defer the prosecution of its reentry claim until the expiration
of the City’s option, but if the City elected not to purchase the filled
lands, the State could then reactivate its reentry claim to those lands.
- The City acquired approximately 11 acres of land for
Waterfront Park.
- The City acquired approximately 47 additional acres of filled
and unfilled land for the Urban Reserve and Interim Development Area.
- The City acquired approximately one acre of land around the
Naval Reserve building.
- The State expanded and clarified permitted public uses of
filled lands (see below).
In December, 1989, after a lengthy legal battle with the Central Vermont
Railway, the State Supreme Court ruled that the filled lands in Burlington’s
harbor were "impressed" with the Public Trust Doctrine. Broadly, the
Public Trust Doctrine requires that filled lands "are a public trust"
and must be "managed for the public good" as defined by the Vermont
State Legislature. Uses that satisfy this requirement are listed below.
- governmental facilities such as water and sewer plants, coast
guard and naval facilities, roads and accessory transportation facilities
and parking services;
- indoor or outdoor parks and recreation uses and facilities
including parks and open space, public marinas, water dependent uses,
boating and related services;
- cultural activities including theaters, museums, art and
cultural uses of the lake;
- freshwater and other environmental research activities; and
- services related and accessory to the uses permitted under
subsection (a), (b), (c) and (d) above, including restaurants, snack bars
and retail uses.
For filled lands north of Main Street, south of the Astroline site and west
of the main railroad line, the above uses were codified by the General Assembly
in 1991. In 1997, the General Assembly expanded the boundaries within which the
above uses were allowed. The new boundaries include all filled lands north of
Maple Street. Refer to Appendix D for a map of the Public Trust lands.
Also in 1997, the General Assembly defined several additional uses allowed on
filled Public Trust lands between Maple and Main Streets only. Those are:
- inns with public space, including restaurant, restroom and
retail use. Contingent upon restrooms in the inns being available to the
public; upon 45 transient dock slips in Burlington Harbor continuing to be
available and marked for convenient access; and, upon the availability, in
perpetuity, of uninterrupted public access along the shoreline of Lake
Champlain from Maple to Main Streets.
- public markets.
- facilities for transporting pedestrians and vehicles upon
Lake Champlain by ferry and cruise vessels, including necessary docks,
wharfs, maintenance facilities, administrative offices, gift shops, snack
bars and related parking facilities.
- marine related retail facilities.
- restaurants.
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