HomeMy WebLinkAboutAgenda 10A_CU-19-06_635 Community Dr_SunCap_fence_ffd_draft#CU‐19‐06
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CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
SUNCAP PROPERTY GROUP
CONDITIONAL USE APPLICATION #CU‐19‐06
FINDINGS OF FACT AND DECISION
SunCap Property Group, hereinafter referred to as “applicant,” is seeking conditional use approval to
allow a fence approximately sixteen (16) feet in height for the purpose of supporting a gate for a
warehouse and distribution center, 635 Community Drive.
Based on the plans and materials contained in the document file for this application, the Board finds,
concludes, and decides the following:
FINDINGS OF FACT
1. The applicant, SunCap Property Group, seeks a conditional use permit to allow a fence
approximately sixteen (16) feet in height for the purpose of supporting a gate for a warehouse and
distribution center, 635 Community Drive.
2. The owner of record of the subject property is 55 Community Drive, LLC.
3. The subject property is located in the Mixed Industrial Commercial (IC) district.
4. The applicant is proposing to construct a fence with a height greater than eight (8) feet, subjecting
the Project to the requirements of Section 13.17. The requirements of Article 14 pertaining to
Conditional Use also apply.
5. The application was received on August 23, 2019.
6. The applicant did not submit any plans. The applicant submitted two exhibits showing a typical
fence. Page 2 is entitled Typical FedEx Overhead Gate Services Layout, prepared by Tymetal Corp.,
and dated March 17, 2017. This application would normally be combined with concurrent site plan
application #SP‐19‐28 except the need for a conditional use permit came to the applicant’s attention
after the site plan application was already in review. Therefore the relevant plans for this decision
are those associated with SP‐19‐28.
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ZONING DISTRICT AND DIMENSIONAL REQUIREMENTS
Mixed Industrial
Commercial Zoning
District
Required Proposed Lot
9
Min. Lot Size 40,000 sf 43.8 ac
Max. Building Coverage 40% 8%
Max. Overall Coverage 70% 30%
Min. Front Setback 30 ft. 283 ft.
Max Front Setback
Coverage
30% 17%
Min. Side Setback 10 ft. 230 ft.
Min. Rear Setback 30 ft. N/A*
@ Building Height (flat
roof)
35 ft. 35.30 ft. plus
5.3 ft for roof
equipment
* The property does not have a rear yard as it abuts the interstate. The IHO district requires a
building setback of 150 ft.
@ The applicant is requesting DRB approval for a height greater than the maximum based on
increased setbacks as part of concurrent site plan application SP‐18‐28.
13.17 FENCES
B. All fences are subject to the following provisions:
(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 Board finds this criterion 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.
While no general fence detail has been provided, the Board infers from the three provided
fence gate details (details 05 Turnstile and Accessible Personal Gate, 06 Overhead Truss Gate,
and 07 Emergency Access Pedestrian Gate on civil plan sheet C‐23) that the majority of the
fence is proposed to be eight (8) feet high constructed of chain link fabric with horizontal
support bars located at the top of the fence fabric and at the center of the fence fabric. The
Board finds all support bars and posts must be located either flush with the fence fabric or to
the interior of the fenced area.
(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
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Officer.
N/A
(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 portion of the fence containing the vehicular gate is proposed to be 16‐feet high. Posts
supporting the emergency access pedestrian gate are proposed to be approximately 8 ft 6
inches high. Conditional use criteria are discussed 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.
All portions of the proposed fence, including both the 8 ft high section and the section higher
than 8 ft, are located greater than the normal setbacks for the district. The Board finds this
criterion met.
(7) N/A
(8) 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.
(9) 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 the applicant must provide an Opticom system for operation of the vehicular gate.
(10) Fences shall be maintained in a safe and substantial condition.
The Board finds the applicant must comply with this criterion.
(11) 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 Board finds this criterion not applicable
(12) Notwithstanding any other provisions within these Regulations, applications under this
Section 13.17 assigned to the Development Review Board shall be reviewed by the Board in all
Zoning Districts and the City Center FBC District.
The Board finds this criterion met.
C. Prohibited Fences and Materials. The following fences and fencing materials are specifically
prohibited:
(1) Barbed, razor or ribbon wire or broken glass as part of any fence, unless specifically
permitted.
(2) Pointed metal fences.
(3) Canvas and/or cloth fences, except when used to protect shrubs and vegetation.
(4) Poultry and/or turkey wire fences within minimum front, side and rear setbacks.
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(5) Temporary fences, unless for snow control. Snow control fences shall be allowed from
November 1 through to the following May 1.
(6) Expandable fences and collapsible fences, except during construction of a building.
(7) Chain link fences erected with the open loop at the top of the fence.
The Board finds the applicant must provide chain link fence fabric with closed loops at the top for all
portions of the proposed fence fabric.
D. N/A
14.10 E. CONDITIONAL USE REVIEW
Pursuant to Section 13.17B(5) of the South Burlington Land Development Regulations (Fences over 8
feet in Height), the proposed use shall be reviewed as a conditional use and shall meet the following
standards of Section 14.10(E):
14.10E General Review Standards
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 sections of the fence greater than 8 feet in height 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 16 foot high vehicular gate will consist primarily of open space. The purpose of the IC district
in part is to encourage general industrial and commercial activity, and encourage development of
a wide range of commercial, industrial and office uses. The Board finds this criterion met.
(3) Traffic on roads and highways in the vicinity.
The portions of this project requiring conditional use review will have no adverse effect on traffic
on roads and highways in the vicinity. The Board finds this criterion met.
(4) Bylaws and ordinances then in effect.
See above for a discussion of compliance with fence standards.
(5) Utilization of renewable energy resources.
The portions of this project requiring conditional use review will not affect renewable energy
resources. The Board finds this criterion met.
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DECISION
Motion by ___, seconded by ___, to approve conditional use application #CU‐18‐09 of SunCap Property
Group, subject to the following conditions:
1. All previous approvals and stipulations shall remain in full effect except as amended herein.
2. This 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.
3. The applicant must obtain a zoning permit within six (6) months pursuant to Section 17.04 of the
Land Development Regulations or this approval is null and void.
4. Any change to the approved plan shall require approval as required by the Land Development
Regulations by either the South Burlington Development Review Board or the Administrative
Officer.
5. The applicant must provide an Opticom system for operation of the vehicular gate.
6. All support bars and posts must be located either flush with the fence fabric or to the interior of
the fenced area.
7. The applicant must provide chain link fence fabric with closed loops at the top for all portions of
the proposed fence fabric.
Mark Behr Yea Nay Abstain Not Present
Matt Cota Yea Nay Abstain Not Present
Frank Kochman Yea Nay Abstain Not Present
Jim Langan Yea Nay Abstain Not Present
Dawn Philibert Yea Nay Abstain Not Present
Brian Sullivan Yea Nay Abstain Not Present
John Wilking Yea Nay Abstain Not Present
Motion carried by a vote of _ – _ – _
Signed this __ day of September, 2019, by
_____________________________________
Matt Cota, 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
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
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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.