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HomeMy WebLinkAboutSP-22-011 CU-22-02 - Decision - 0142 Kindness Court #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 a chain link fence that is in part more than 8 ft high, 142 Kindness Court. The Development Review Board held a public hearing on April 19, 2022. Sam Gervais and Joyce Cameron 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 a chain link fence that is in part more than 8 ft high, 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. #SP-22-011 #CU-22-02 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 but they testified that it is not installed and their preference is to install a new rack near the previously approved rack location providing storage for four (4) bicycles. The Board finds the applicant must provide parking for 4 bicycles near the location of the existing bicycle parking rack. Bicycle parking spaces must meet the requirements of 13.03 and Appendix G. 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. #SP-22-011 #CU-22-02 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] #SP-22-011 #CU-22-02 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 Frank Kochman, seconded by Quin Mann, 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 4 bicycles near the location of the existing bicycle parking rack. Bicycle parking spaces must meet the requirements of 13.03 and Appendix G. 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 Quin 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 6-0-0. 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.