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HomeMy WebLinkAboutCU-24-01 - Decision - 1820 Shelburne RoadCU-24-01 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING HEARTWORKS, LLC – 1820 SHELBURNE ROAD CONDITIONAL USE APPLICATION #CU-24-01 FINDINGS OF FACT AND DECISION Heartworks, LLC, hereinafter referred to as the applicant, is seeking 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. The Development Review Board held a public hearing on February 6, 2024. Charlie Meli 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. The applicant is seeking 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. 2. The owner of record of the subject property is Greg Desautels. 3. The subject property is located in the Allen Road Zoning District, Traffic Overlay District Zone 3, Transit Overlay District, and a Secondary Node of the Urban Design Overlay District. 4. The application was received on January 19, 2024. 5. The plans submitted consist of one undated plan prepared by Studio MLA Architects and entitled ‘Site Plan’ that was modified to identify the layout of the fence on the subject property and the elevation changes between various points on and adjacent to the subject property. 6. 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. 7. 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. 8. 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 CU-24-01 excludes “fences and walls as provided in these Land Development Regulations” from Site Plan review. ZONING DISTRCIT & DIMENSIONAL REQUIREMENTS Setbacks, Coverages & Lot Dimensions 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 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. The Board finds 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. CU-24-01 The fence is being reviewed as a conditional use, as required under (5) above. 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. The Board finds 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. The Board finds 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 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 fence is subject to conditional use review. 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. The required review has been conducted by the Board. 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 CU-24-01 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. The Board finds that the subject fence does not impact compliance with this standard. 2) Glazing. 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. The Board finds 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, 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, 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, a property owner proposed a new fence between a building façade 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. CU-24-01 The Board finds that such a requirement shall not be applied in this instance, as the subject fence is set back approximately 30 feet from the Shelburne Road right-of-way, is mounted on top of an aesthetically pleasing stone retaining wall, is obscured from view from the right-of-way by the presence of four mature locust trees that are located to the west of the fence, and serves the purpose of blocking the view of Shelburne Road from the subject childcare facility. 4) Building Stories, Heights, and Rooftop Apparatus. The Board finds that the subject fence does not impact compliance with this standard. 5) Landscaping. The Board finds that the subject fence does not impact compliance with this standard. The four mature locust trees that are located to the west of the fence are required landscaping features and therefore required to be maintained in a vigorous growing condition throughout the duration of the use. The applicant is not proposing to modify the landscaping plan as part of this application, but that Board finds that any future proposals to modify the existing landscaping plan shall be equally effective in terms of screening the subject fence from the Shelburne Road right-of-way. CONDITIONAL USE CRITERIA 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. The Board finds that 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”. The Board finds 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 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. The Board finds that the erection of a 6’-tall opaque fence on top of a 5’6”-tall retaining wall may have an adverse effect on the character of the area, as defined by the purpose of the Urban Design Overlay District, but finds that this adverse effect is not undue, given the reasons described above. CU-24-01 (3) Traffic on roads and highways in the vicinity. The Board finds this project will have no adverse effect on traffic on roads and highways in the vicinity. (4) Bylaws and ordinances then in effect. The Board finds the project consistent with other applicable bylaws. (5) Utilization of renewable energy resources. The Board finds this project will not affect renewable energy resources. DECISION Motion by John Moscatelli, seconded by Stephanie Wyman, to approve conditional use application #CU- 24-01 of Heartworks, LLC, subject to the following conditions: 1.All previous approvals and stipulations shall remain in full effect except as amended herein. 2.This project shall be completed as shown on the plan submitted by the applicant and on file in the South Burlington Department of Planning and Zoning as conditioned herein. 3.The zoning permit must be obtained within six (6) months of this decision; with the option of requesting a one (1) year extension as allowed in LDR 17.04. 4.Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer as allowed by the Land Development Regulations. John Moscatelli Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Charles Johnston Frank Kochman Yea Yea Nay Nay Abstain Abstain Not Present 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 4 - 0 - 0. Signed this __10th_ day of March, 2024, by _____________________________________ Quin Mann, Vice Chair Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this 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 CU-24-01 Burlington Planning and Zoning Department at 180 Market 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.