HomeMy WebLinkAboutAgenda 06_CU-24-01_1820 Shelburne Rd_HeartworksCITY OF SOUTH BURLINGTON
DEVELOPMENT REVIEW BOARD
CU-24-01_1820 Shelburne Rd_Heartworks
DEPARTMENT OF PLANNING & ZONING
Report preparation date: February 14, 2024
Application received: January 19, 2024
1820 Shelburne Road
Conditional Use Application #CU-24-01
Meeting date: February 20, 2024
Owner
Greg Desautels
1820 Shelburne Road
South Burlington, VT 05403
Property Information
Tax Parcel ID: 1540-01820
Allen Road Zoning District, Traffic Overlay District
Zone 3, Transit Overlay District, Urban Design Overlay
Secondary Node
ALLEN ROAD
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PROJECT DESCRIPTION
Conditional use application #CU-24-01 of Heartworks, LLC, for after-the-fact approval to amend a
previously approved plan for a mixed-use building consisting of a 76-student childcare facility,
3,780 sf of general office use, and 2,790 sf of personal instruction use. The amendment consists of
adding a 6’ tall fence on top of a 5’6” tall retaining wall, for an overall height of 11’6”, 1820
Shelburne Road.
CONTEXT
The project site is located within the Allen Road Zoning District and the Urban Design Overlay. This
project is also subject to review under Section 13.11, which governs Fences, and Section 14.10,
which governs Conditional Uses.
The fence that is the subject of this application has already been constructed. The applicant applied
for a Zoning Permit to construct a 6-foot-tall fence on July 10, 2023, and received approval for Zoning
Permit #ZP-23-269 on July 17, 2023. However, the Zoning Permit application materials did not clearly
identify that the fence was to be constructed on top of an existing 5’6” retaining wall, thereby giving
the fence the appearance of being 11’6” in height.
Section 13.11.B(10) of the LDRs prohibits fences from being “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 maximum administratively approvable fence height is eight (8) feet. As such, the
Administrative Officer did not and does not have the authority to issue a permit for the fence as
constructed, since the fence and retaining wall have an overall height of 11’6”. The applicant must
therefore obtain the approval of the Development Review Board for the height of the subject fence
via the approval of a Conditional Use application. Although Conditional Use reviews are typically
concurrent with Site Plan reviews, this application is not subject to Site Plan review standards, as
Section 14.03.B(9) specifically excludes “fences and walls as provided in these Land Development
Regulations” from Site Plan review.
COMMENTS
Development Review Planners Marty Gillies and Marla Keene have reviewed the plans submitted
on January 19, 2024 and offer the following comments. Numbered items for the Board’s attention
are in red.
ZONING DISTRICT & DIMENSIONAL REQUIREMENTS
Allen Road Zoning District Required Proposed
Min. Lot Size 20,000 sf No change
Max. Building Coverage 40 % No change
Max. Overall Coverage 70 % No change
Min. Front Setback 30 ft. No change
Min. Side Setback 10 ft. No change
Min. Rear Setback 30 ft. No change
Max Height, flat roof 35 ft. No change
APPLICABLE REVIEW CRITERIA
13.11 Fences
A. General Requirements
B. Specific Requirements
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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.
The subject fence complies with this standard.
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.
The subject fence complies with this standard.
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.
Staff considers this criterion met.
4) A fence over four (4) feet in height shall require a zoning permit from the
Administrative Officer.
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.
The subject fence itself does not exceed 8 feet in height. However, as noted under
(10) below, the combined height of the fence and retaining wall does exceed 8 feet
in height.
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.
The subject fence is being reviewed as a conditional use, as required under (10)
below. As such, the Board’s approval of the fence through the conditional use
process supersedes the standard considering fences over eight feet in height to be
structures.
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.
Staff considers this criterion 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.
Staff considers this criterion met.
9) Fences shall be maintained in a safe and substantial condition.
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 existing retaining wall is 5’6” in height. The fence as installed is approximately
6’4” in height. However, the fence is installed just behind the retaining wall, not
directly on the top of the retaining wall, so approximately 4” of the fence height is
hidden from view behind the top 4” of the retaining wall’s prominence. Taken
together, the overall height of the fence and retaining wall is therefore 11’6” – the
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retaining wall is 5’6” and the fence protrudes a further 6’ above the top of the
retaining wall. The overall height of 11’6” exceeds the maximum permitted fence
height of eight feet. As such, the only way for the subject fence to be permitted in its
current height and location is via a conditional use approval from the Board.
11) In the Queen City Park, R1-Lakeview, and Lakeshore Neighborhood Districts, a fence
over four (4) feet in height shall require a zoning permit from the Administrative
Officer and shall be subject to the following supplemental requirements:
a) No such fence shall exceed six (6) feet in height; and,
b) The fence shall have a maximum opacity of 50% on all sides.
12) Chain link fencing is prohibited in all Southeast Quadrant subdistricts except:
a) fencing for agricultural purposes, and
b) fencing for recreational purposes, such as baseball diamonds, tennis
courts, basketball courts, dog parks, or similar activities. Any chain link
fencing installed for these purposes shall be plastic coated in either dark
green or black.
The above criteria do not apply to the subject fence.
13) Notwithstanding any other provisions within these Regulations, applications under
this Section 13.11 assigned to the Development Review Board shall be reviewed by
the Board in all Zoning Districts and the City Center FBC District.
Staff considers that standard requires that the review of the subject fence be
completed by the Board, as opposed to administratively.
14.10 Conditional Use Review
Pursuant to Section 13.11.B(10) of the South Burlington Land Development Regulations, the subject
fence, located on top of a retaining wall and measuring a combined 11’6” (exceeding the maximum
fence height of 8’) shall be reviewed as a conditional use and shall meet the following standards of
Section 14.10(E):
14.10(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.
Staff considers this project will have no adverse effect upon 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.
The subject property is in the Allen Road Zoning District and includes approximately 160 feet of
frontage on Shelburne Road. The portion of the property that faces Shelburne Road is located within
a Secondary Node of the Urban Design Overlay District. As noted in 10.05 above, the purpose of the
Urban Design Overlay as a whole is to “reflect a design aesthetic that fosters accessibility and
creates civic pride in the City’s most traveled areas and gateways”. Nodes within the Urban Design
Overlay have even higher design standards; Section 10.05.C(3) identifies that nodes shall “shall
provide a welcoming and safe street presence for all users”.
Staff considers that this property’s location in a the southern-most node in the City of South
Burlington has some significance, since the intersection of Shelburne Road and Allen Road is the
first intersection that northbound travelers on Route 7 will see as they enter the City. As such, this
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node represents, in some ways, the first impression that some visitors will have of the City of South
Burlington. As identified above, it is the City’s goal for these areas to foster accessibility, create civic
pride, and provide a welcoming street presence for all users.
Staff considers that the erection of a 6’-tall opaque fence on top of a 5’6”-tall retaining wall may not
be in keeping with the goals of the Urban Design Overlay.
1. Staff recommends that the Board determine whether the subject 11.5-foot-tall fence and retaining
wall results in an undue adverse effect on the purpose of the Urban Design Overlay as it applies to
this property.
(3) Traffic on roads and highways in the vicinity.
Staff considers this project will have no adverse effect on traffic on roads and highways in the
vicinity.
(4) Bylaws and ordinances then in effect.
Staff considers the project consistent with other applicable bylaws.
(5) Utilization of renewable energy resources.
This project will not affect renewable energy resources.
10.05 Urban Design Overlay
A. Purpose.
It is the purpose of the Urban Design Overlay District to recognize the impact of simple design
principles and to reflect a design aesthetic that fosters accessibility and creates civic pride in the
City’s most traveled areas and gateways, while furthering the stated goals of the City’s
Comprehensive Plan. The Urban Design Overlay District aids in fulfilling the City’s vision to enable
infill and conversion development, encourage pedestrian movement, serve local and regional
shopping and employment needs, and make use of existing public transportation. The City intends
for the applicable areas to provide safe and inviting access to adjacent neighborhoods.
C. Boundaries & Applicability.
This section shall be implemented in accordance with the geography(ies) shown on the Overlay
Districts Map contained in these Regulations.
1. New construction.
2. Substantial Rehabilitation.
3. Nodes. These regulations recognize that some areas of a corridor serve or will serve as
important connections, gateways, or areas of activity. As such, a more urban form is
desired and, where noted, required and permitted. Site design and buildings within
designated nodes shall provide a welcoming and safe street presence for all users.
Nodes are listed as ‘primary’ and ‘secondary’, and are mapped and regulated
accordingly.
The subject property is located in a Secondary Node of the Urban Design Overlay. The
significance of this designation is discussed in further detail under 14.10(E)(2) below.
D. Standards.
Except where noted herein, the dimensional standards, use, and other standards of the underlying
Zoning District shall still apply.
1) Entries.
Staff considers that the subject fence does not impact compliance with this standard.
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2) Glazing.
As a reminder, glazing is defined as “window or door coverage”.
The subject fence replaced a shorter, transparent chain-link fence. The subject fence is
opaque and is located in front of the building, which limits view of the glazing on the
front façade from the Shelburne Road public right-of-way. This standard requires that
75% of all installed glazing be transparent. Staff considers that the subject fence does
not directly impact the transparency of the glazing on the front building façade but does
limit the visibility of that glazing from the Shelburne Road public right-of-way.
3) Dimensional Standards.
Table 10-2 identifies that, in a Secondary Node, “first stories shall have a minimum of
60% glazing across the width of the building facade on the primary street”. Similar to the
above standard, Staff considers that, while the subject fence does not directly impact the
amount of glazing across the width of the front building façade, it does limit the visibility
of that glazing from the Shelburne Road public right-of-way.
In light of this standard and Section 10.05.D(2) above, Staff considers that the installation
of the subject fence could be construed as effectively decreasing the amount of glazing
and transparent glazing on the front building façade, since the installation of the subject
fence prevents road users on Shelburne Road from seeing that glazing.
In a similar case in 2023, a property owner proposed a new fence between the front
building façade of a childcare facility and the public right-of-way in the Urban Design
Overlay District. The Administrative Officer required the applicant to install a fence that
was at least 50% transparent to avoid a reduction in the property’s level of compliance
with Urban Design Overlay standards and approved the Zoning Permit application once
that requirement was met.
2. Staff recommends the Board determine whether a similar requirement to reduce the
opacity of the subject fence should be applied in this instance.
4) Building Stories, Heights, and Rooftop Apparatus.
Staff considers that the subject fence does not impact compliance with this standard.
5) Landscaping.
Staff considers that the subject fence does not impact compliance with this standard.
RECOMMENDATION
Staff recommends the Board discuss the project with the applicant and close the hearing.
Respectfully submitted,
___________________________________
Marty Gillies, Development Review Planner
To Whom It May Concern,
I hope this email finds you well. I am writing to inform you about a recent initiative we
have taken to ensure the safety of our community's children. In light of concerning
incidents witnessed at the bus stop below, we have installed a 6-foot fence to create a
secure and protected space for children to play.
Over the past few months, we have observed incidents such as drug-related activities,
altercations, and inappropriate behavior occurring at the bus stop. Our primary concern
is the well-being of the children in our community, and we believe that providing them
with a safe environment is crucial.
The newly installed fence serves as a barrier, shielding the play area from the activities
at the bus stop. By creating this designated space, we aim to offer children the freedom
to play without exposure to undesirable elements. Our goal is to foster a sense of
security and peace of mind for parents and guardians.
We understand the importance of community collaboration, and we encourage open
communication. If you have any questions or concerns regarding the installation of the
fence or would like more details about the safety measures in place, please feel free to
reach out to us.
Thank you for your understanding and cooperation in making our community a safer
place for everyone, especially our children.
Best regards,
Charlie Meli
Facilities Manager | Heartworks
PO Box 339, Shelburne, VT 05482
Cell : (802) 373-7698
heartworksvt.com
January,2024
To Whom it May Concern,
I trust this message finds you well.I am writing to express my sincere concern regarding the
safety of our preschool playground and its potential impact on the well-being of our children.As
a parent of a three-year-old attending preschool,I feel it is imperative for us to collectively
ensure a secure and nurturing environment for our little ones.
Recently,I have observed incidents involving individuals dealing with substance abuse,arrests,
and houselessness near the playground.These occurrences pose a significant threat to the
innocence of our children and their overall safety.It is disheartening to contemplate that our little
ones might be exposed to such distressing scenes at such a tender age.
I wish to express my wholehearted support for the existing fence around the preschool
playground.The current structure serves not only as a physical barrier but also as a symbolic
one,safeguarding our children from witnessing unsettling events beyond the boundaries of their
play area.This enclosed space allows our kids to explore,learn,and play without the fear or
confusion caused by external disturbances.
Additionally,I want to thank Charlie Meli and our dedicated facility team for their exemplary
efforts in constructing the current fence.Charlie Meli's commitment to ensuring the safety of
every child at our school is truly commendable.The height of the existing fence stands as a
testament to their dedication to creating a secure environment for our children.
I urge you to acknowledge and support the measures already in place to ensure the safety of our
preschoolers.The existing fence is a simple yet effective solution that allows our children to
enjoy a safe and carefree environment during their crucial developmental years.
Thank you for your consideration of this matter.I am confident that,together,we can maintain
an environment that fosters the healthy growth and happiness of our precious little ones.
Sincerely,
K.F
Concerned Heartworks Preschool Parent