Happy Tails owners say rezoning to 'medium scale neighborhood' narrows future reuse options

Owners of Happy Tails Pet Resort and Spa told the South Burlington Planning Commission they were surprised and concerned that prior zoning changes have left their commercial kennel and daycare operation nonconforming and that the proposed new Medium Scale Neighborhood (MSN) district may narrow future reuse options for the site.

Donna Little, co‑owner of Happy Tails, told the commission that she and her co‑owner had purchased the property as commercial/industrial and said: “We were never ever told that it was done. We were never consulted. We were never notified that that was happening.” Little asked what would happen if the business were sold and whether a new owner could operate a different commercial use.

Staff member Paul Connor answered that, at a high level, the existing use would be a preexisting nonconformity: “As long as the business or a replacement business doing the same thing exists, you can continue indefinitely.” He added that if the property were transferred to someone who wanted to establish a use not allowed in the MSN district, that new use would be limited to the uses that are permitted in the district at the time of the proposed change.

Key details raised at the hearing. Little and co‑owner Heather Soren said the lot is “just under we're just over 1 acre” and the building footprint is about “10,000” square feet; they said the site has roughly 14 parking spaces. Those physical factors shaped their concern that the building “would never facilitate any kind of residential use” and that prospective buyers might struggle to reuse the property under the new district rules.

Staff response and options. Planning staff reviewed the draft permitted‑uses table and noted that some commercial uses remain permitted in the proposed MSN district (for example limited neighborhood commercial uses on arterial streets), while other uses were proposed to be removed during consolidation. Staff identified three specific uses that shifted in the consolidation: general office, pet grooming, and financial institutions were the only permitted uses called out in the memo that were proposed to be removed from some consolidated districts; the staff presentation to commissioners noted where similar uses moved from permitted to conditional or vice versa.

Public perspective and next steps. Owners said they understood the nonconforming status but asked for clarity and the opportunity to present a short list of uses they would like to see allowed on their parcel; staff invited them to submit suggested uses in writing for the record and said commission and council deliberations would follow before any zoning is final.

No formal change to the draft was adopted specifically for the Happy Tails parcel at the hearing; commissioners encouraged the owners to provide written suggestions and noted the consolidated permitted‑use table is available for review.