2019.08.12 Council Agenda Item 1

The VC1, VC2, and VCC Zoning Districts (“the VC Districts”) were created in 2013.  These three zoning districts, by and large, comprise the geographical area that was formerly referred to as the SB-1 District.  During the 2013 rezoning of the SB-1 District to the VC Districts, it appears as if the commercial property located at 168 US Route One (the property currently occupied by the offices of Falmouth Dental Arts) was mistakenly moved into the adjacent Residential B (RB) District.  It is believed that this property was intended to be incorporated into the VC2 District instead. 

One of the effects of this property being moved into the RB District is that office uses are not permitted in the RB District like they are in the adjacent VC2 District.  This means that the current use of the property has become nonconforming which, among other things, limits the ability of the current use to ever expand.  This proposed zoning map amendment would correct this “scriveners error”, would make the existing use of the property conforming again, would result in the property being zoned consistently with the adjacent commercial properties to the north, and would be consistent with what was believed to be the true policy intent of the Council when it created the VC Districts in 2013. 

This amendment was introduced at the 7/8/2019 Council meeting.  The Planning Board held its MRA hearing on 8/6/2019.  No member of the public spoke at the hearing and the Planning Board voted unanimously to recommend that the Council approve the proposed map amendment.

Attachments:

• An introduction letter from Councilor Asherman;
• A memo from Open Space Manager, and former Community Development Director, Amanda Stearns explaining her recollection of the history of the presumed mapping error;
• A copy of the current adopted Zoning Map;
• A copy of the 2012 zoning map that was in effect prior to the creation of the VC Districts in 2013;
• A draft zoning map excerpt showing the parcel proposed to be rezoned from RB to VC2.
• A summary of the outcome of the Planning Board’s 8/6/2019 MRA hearing.