HomeMy WebLinkAboutAgenda 08_SP-22-011_CU-22-02_142 Kindess Ct_humanesociety
TO: South Burlington Development Review Board
FROM: Marla Keene, Development Review Planner
SUBJECT: #SP-22-011 & #CU-22-02 142 Kindness Court Draft Decision – COVER MEMO
DATE: April 19, 2022 Development Review Board meeting
Staff has prepared a draft decision for this application. The purpose of the application is to replace a
section of 4-ft high chain link fence with a section of 8-ft high fence. Certain provisions of the LDR must
be complied with whenever an application comes for site plan review, regardless of whether that
element of the approved site plan is being modified. These provisions include lighting, dumpster
enclosure, and bicycle parking.
Staff considers the principal item requiring further testimony is whether the bicycle rack provides the
required number of bicycle parking spaces. 13.03B(1)(b) describes what existing bicycle parking may be
considered as counting towards the required minimum.
The Board, as always, is encouraged to review the entire draft decision for any elements which they feel
necessitate further discussion.
Respectfully submitted,
Marla Keene, P.E.
Development Review Planner
#SP-22-011
#CU-22-02
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
HUMANE SOCIETY OF CHITTENDEN COUNTY
142 KINDNESS COURT
SITE PLAN APPLICATION #SP-22-011 and CONDITIONAL USE APPLICATION #CU-22-02
FINDINGS OF FACT AND DECISION
Site plan application #SP-22-011 and Conditional Use application #CU-22-02 of Polli Construction, Inc., to
amend a previously approved site plan for an animal shelter. The amendment consists of replacing a
section of 5-ft high fence with 8-ft high chain link fence, 142 Kindness Court.
The Development Review Board held a public hearing on April 19, 2022. Jennefer Dawn represented the
applicant.
Based on testimony provided at the above-mentioned public hearing and the plans and supporting
materials contained in the document file for this application, the Development Review Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. This project consists of Site Plan application #SP-22-011 and Conditional Use application #CU-22-02
of Polli Construction, Inc., to amend a previously approved site plan for an animal shelter. The
amendment consists of replacing a section of 5-ft high fence with 8-ft high chain link fence, 142
Kindness Court.
2. The project is located in the Commercial 1-Residential 15 zoning district. It is also located in the
Transit Overlay District.
3. The owner of record of the subject property is the Humane Society of Chittenden County.
4. The application was received on March 21, 2022.
5. The plan submitted is entitled, “Humane Society of Chittenden County Fence Height Adjustment”,
with a date of 03/03/2022. The plan preparer is unattributed.
6. The most recent site plan approval for the property was in 2014. That plan was reviewed
administratively.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Commercial 1-Residential 15 Zoning District
Compliance with dimensional standards is unchanged by this application.
SUPPLEMENTAL REGULATIONS
13.11B Fences – Specific Requirements
(1) A fence shall be erected within the boundaries of the applicant’s property and shall be placed
wholly within but not on the property boundaries.
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This criterion is met.
(2) A fence shall be erected so that its smooth or finished side faces an abutting property or roadway.
All fence posts shall be placed on the inside of the fence, except for a fence to contain livestock.
No finished side exists. This criterion is not applicable.
(3) No part of any fence shall be placed in such manner as to visually obstruct vehicular or pedestrian
traffic. If determined necessary by the Administrative Officer, the placement of fences near the
corner of a property at the intersection of two roads shall provide for a clear vision area defined as
a triangular area formed by the street right-of-way lines at points which are thirty (30) feet distant
from the intersection of the street right-of-way lines and measured along such lines.
This criterion is met.
(4) A fence over four (4) feet in height shall require a zoning permit from the Administrative Officer.
Not applicable.
(5) A fence over eight (8) feet in height shall require approval by the Development Review Board as a
conditional use subject to the provisions of Article 14, Conditional Use Review.
Conditional use criteria are considered below.
(6) A fence over eight (8) feet in height shall be considered a structure subject to normal setback
requirements for the zoning district, unless otherwise approved by the Development Review Board
as a conditional use subject to the provisions of Article 14, Conditional Use Review.
Setbacks are met. No conditional use review of the setbacks is required.
(7) No fence shall be erected in such a manner as to inhibit or divert the natural drainage flow or
cause the blockage or damming of surface water.
This criteria is met.
(8) No fence shall be erected that may create a fire hazard or other dangerous condition or that may
result in obstruction to fire fighting.
The fence is proposed to be erected in the location of an existing 4-ft fence. No change to
compliance with this criteria is proposed.
(9) Fences shall be maintained in a safe and substantial condition.
The Board finds the applicant must comply with this criterion.
(10) No fence shall be located or constructed on a terrace or wall that will have an overall height of
more than that permitted, unless otherwise approved by the Development Review Board as a
conditional use subject to the provisions of Article 14, Conditional Use Review.
The fence is proposed to be constructed on grade. No conditional review of this criterion is
required.
13.11C Fences – Prohibited Materials. The following fences and fencing materials are specifically
prohibited:
(7) Chain link fences erected with the open loop at the top of the fence.
The Board finds that the chain-link fence shall not include open loops at the top of the fence.
#SP-22-011
#CU-22-02
13.03 Bicycle Parking and Storage
For the 11,000 sf building, 4 short term bicycle parking spaces are required. The applicant has an
existing bicycle rack providing storage for n bicycles. The Board finds the applicant must provide parking
for [4 minus n] additional bicycle(s) in the location of the existing bicycle parking rack. Bicycle parking
spaces must meet the requirements of 13.03 and Appendix G OR The Board finds this criterion met.
13.04 Landscaping, Screening & Street Trees
The 2014 approval includes an approved landscaping plan. No changes affecting approved landscaping
are proposed. The Board finds the applicant must continue to maintain the approved landscaping in a
vigorous growing condition throughout the duration of the use.
13.07 Exterior Lighting
No changes to lighting are proposed. Lighting requirements of 13.07, including that fixtures shall be
downcast and shielded, shall continue to apply.
CONDITIONAL USE REVIEW STANDARDS
14.10 Conditional Use Review
The element of this project requiring conditional use review is the height of the fence.
E. General Review Standards. The Development Review Board shall review the proposed
conditional use for compliance with all applicable standards as contained in these regulations. The
proposed conditional use shall not result in an undue adverse effect on any of the following:
(1) The capacity of existing or planned community facilities.
(2) The character of the area affected, as defined by the purpose or purposes of the zoning district
within which the project is located, and specifically stated policies and standards of the municipal plan.
(3) Traffic on roads and highways in the vicinity.
(4) Bylaws and ordinances then in effect.
(5) Utilization of renewable energy resources.
Given the location of the proposed fence as being screened be a wooded area, and the consistency with
existing fences elsewhere on the property, the Board finds the height of the fence does not result in an
undue adverse effect on any of the above.
F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize
only one (1) specific conditional use on a subject property and shall expire if the conditional use shall
cease for more than six (6) months for any reason, unless an umbrella approval has been granted.
The Board finds this provision to be incorporated as a condition of approval.
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SITE PLAN REVIEW STANDARDS
14.06 General Review Standards
A. Relationship of Proposed Structures to the Site.
(1) The site shall be planned to accomplish a desirable transition from structure to site, from
structure to structure, and to provide for adequate planting, safe pedestrian movement, and adequate
parking areas.
(2) Parking
(3) Without restricting the permissible limits of the applicable zoning district, the height and scale
of each building shall be compatible with its site and existing or anticipated adjoining buildings.
No changes affecting compliance with these criteria are proposed.
B. Relationship of Structures and Site to Adjoining Area.
(1) The Development Review Board shall encourage the use of a combination of common
materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing),
landscaping, buffers, screens and visual interruptions to create attractive transitions between
buildings of different architectural styles.
(2) Proposed structures shall be related harmoniously to themselves, the terrain and to
existing buildings and roads in the vicinity that have a visual relationship to the proposed
structures.
The Board finds the proposed fence, considered a structure under 13.11B(6), to be consistent with
previously approved chain link fencing both in style and location, and finds this criterion met.
14.07 Specific Review Standards
In all Zoning Districts and the City Center Form Based Codes District, the following standards shall
apply:
A. Environmental Protection Standards. All proposed development shall be subject to the
applicable requirements of Article 12, Environmental Protection Standards.
Resource areas on the site include streams, stream buffers, wetlands, wetland buffers, steep
slopes and very steep slopes. No changes to these resource areas are proposed.
B. Site Design Features. All proposed development shall comply with standards for the
placement of buildings, parking and loading areas, landscaping and screening, open space,
stormwater, lighting, and other applicable standards related to site design pursuant to these
Land Development Regulations.
These standards are contained in Article 13 and are discussed above.
C. Access and Circulation. All proposed development shall comply with site access and
circulation standards of Section 15.A.14.
D. Transportation Demand Management (TDM) [reserved]
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E. Building Form. Development within the City Center Form Based Code District, the Urban
Design Overlay District, and other districts with supplemental building form standards shall
adhere to the standards contained therein.
F. Streetscape Improvements. A proposed new construction or extension/expansion of an
existing structure exceeding the thresholds listed in either (a) Section 14.09(B) or (b) Section
8.11(D) within the City Center Form Based Code, or Section 3.15(D) in all other zoning districts,
shall be required to upgrade adjacent sidewalks, greenbelts, and related street furniture
(trees, benches, etc.) to the standards contained within the applicable Street Type and
Building Envelope Standard. Nothing in this subsection shall be construed to limit
requirements for additional upgrades as necessary to meet the requirements of these
Regulations.
G. Access to Abutting Properties. The reservation of land may be required on any lot for
provision of access to abutting properties whenever such access is deemed necessary to reduce
curb cuts onto an arterial or collector street, to provide additional access for emergency or
other purposes, or to improve general access and circulation in the area.
H. Utility Services. Electric, telephone and other wire-served utility lines and service
connections shall be underground insofar as feasible and subject to state public utilities
regulations. Any utility installations remaining above ground shall be located so as to have a
harmonious relation to neighboring properties and to the site. Standards of Section 15.A.18,
Infrastructure, Utilities, and Services, shall also be met.
I. Disposal of Wastes. All dumpsters and other facilities to handle solid waste, including
compliance with any recycling, composting, or other requirements, shall be accessible, secure
and properly screened with opaque fencing to ensure that trash and debris do not escape the
enclosure(s). Small receptacles intended for use by households or the public (ie, non-dumpster,
non-large drum) shall not be required to be fenced or screened.
No changes to affecting compliance with these criteria are proposed. The Board finds
compliance with these criteria to be unaffected by the proposed project.
DECISION
Motion by __, seconded by __, to approve Site Plan application #SP-22-011 and Conditional Use
application #CU-2202 of the Humane Society of Chittenden County, subject to the following conditions:
1. All previous approvals and stipulations will remain in full effect except as amended herein.
2. All previous approvals and stipulations will remain in full effect except as amended herein.
3. The project must be completed as shown on the plans submitted by the applicant, and on file in the
South Burlington Department of Planning and Zoning as amended herein.
4. The plans must be revised to show the changes below and shall require approval of the
Administrative Officer.
a. Attribute the plan preparer.
#SP-22-011
#CU-22-02
b. Provide parking for one (1) additional bicycle in the location of the existing bicycle
parking rack. Bicycle parking spaces must meet the requirements of 13.03 and Appendix
5. A digital PDF version of the approved final plan must be delivered to the Administrative Officer
before issuance of a zoning permit.
6. Any changes to the plan will require approval of the South Burlington Development Review Board or
Administrative Officer.
7. A zoning permit must be obtained for the project within six (6) months of approval with the option
for requesting a one (1) year extension.
8. All exterior lighting must be installed or shielded in such a manner as to conceal light sources and
reflector surfaces from view beyond the perimeter of the area to be illuminated.
9. Fences shall be maintained in a safe and substantial condition.
10. The conditional use approval for the 8-ft high fence shall expire if the conditional use ceases for
more than six (6) months for any reason.
11. The applicant must continue to maintain the approved landscaping in a vigorous growing condition
throughout the duration of the use.
12. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services,
and service modifications must be underground.
13. The proposed project must adhere to standards for erosion control as set forth in Section 16.03 of
the South Burlington Land Development Regulations. In addition, the grading plan must meet the
standards set forth in Section 16.04 of the South Burlington Land Development Regulations.
Dan Albrecht Yea Nay Abstain Not Present
Mark Behr Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Quinn Mann Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Stephanie Wyman Yea Nay Abstain Not Present
Motion carried by a vote of
Signed this ____ day of April, 2022, by
_____________________________________
Dawn Philibert, Chair
Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this
#SP-22-011
#CU-22-02
decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental
Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South
Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See
V.R.E.C.P. 5(b) (4)(A). Please contact the Environmental Division at 802-828-1660 or
http://vermontjudiciary.org/GTC/environmental/default.aspx for more information on filing
requirements, deadlines, fees and mailing address.
The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state
permits for this project. Call 802.477.2241 to speak with the regional Permit Specialist.
2/16/22
Marla Keene, PE
Development Review Planner
South Burlington Planning & Zoning Department
180 Market St
South Burlington, VT 05403
RE: Humane Society of Chittenden County Replacement Fence
Dear Ms. Keene,
As previously discussed, please find attached site plans, a completed Site Plan and Conditional Use Permit applications,
and supporting documents for the replacement of some of the fencing at the Humane Society of Chittenden County.
Existing Conditions
The existing fencing at the Humane Society is 8’ for the individual exercise pens on the south side of the main building
and 4’ for the south west back adoptee area. Photos of the existing area are attached.
Proposed Project
The project is to replace the 8’ individual exercise pens and 4’ adoptee area with all 8’ fencing. There are no changes in
location of existing fencing.
Utilities and Lighting
No changes to existing.
Landscaping
No changes to existing.
Parking
No changes to existing.
If you have any questions or need any additional information, please feel free to contact me at
jen@polliconstruction.com or 802-482-5777.
Respectfully,
Jennefer Dawn
Administrator
Enclosures:
1- Site Plan Application
2- Conditional Use Application
3- Existing Site Photos
4- Site Plan