HomeMy WebLinkAboutSP-07-53 CU-07-03 - Decision - 0080 Midas Drive (2)#CU-07-03
#S P-07-53
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
RCC ATLANTIC, INC. - 80 MIDAS DRIVE
CONDITIONAL USE APPLICATION #CU-07-03
SITE PLAN APPLICATION #SP-07-53
FINDINGS OF FACT AND DECISION
RCC Atlantic, hereafter referred to as the applicant, is seeking conditional use approval
under Section 14.10 for permission to install twelve (12) panel communication antennas
on the roof, 80 Midas Drive.
RCC Atlantic is also seeking to amend a previously approved site plan for an 8,480 sq.
ft. general office building with a drive-in bank. The amendment consists of installing
twelve (12) panel communication antennas on the roof, 80 Midas Drive.
The Development Review Board held a public hearing on Tuesday, August 7, 2007. Mari
McClure 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 conditional use approval under Section 14.10 for
permission to install twelve (12) panel communication antennas on the roof. The
applicant is also seeking to amend a previously approved site plan for an 8,480
sq. ft. general office building with a drive-in bank. The amendment consists of
installing twelve (12) panel communication antennas on the roof, 80 Midas Drive.
2. The owner of record of the subject property is Eighty Midas Drive, LLC.
3. The subject property is located in the Commercial 1 (Cl) Zoning District.
4. The plans submitted consist of a 16 page set of plans, page one (1) entitled,
"South Burlington Credit Union 80 Midas Ave S. Burlington, VT", prepared by
Infinity Engineering, dated 5/25/07, last revised on 6/6/07.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
1. The proposed use, in its location and operation, shall be consistent with the
planned character of the area as defined by the City of South Burlington
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Comprehensive Plan.
The proposal is to locate telecommunications equipment on the roof of a general office
building. The proposed additions will protrude 4' above the peak of the rooftop and are
proposed to be painted to match existing wooden slats. Therefore, the Board does not
feel it will have a significant impact on the character of the area.
2. The proposed use shall conform to the stated purpose of the district in which
the proposed use is located.
Pursuant to Section 5.05(A) of the Land Development Regulations, the Commercial 1
District is formed to encourage general commercial activity. A range of industrial uses as
well as clustered residential development may be permitted in locations that are mutually
compatible with general commercial activity.
The proposed placement of equipment on the existing roof is in compliance with the
stated purpose of the C1 District, as it is in an area that is densely developed with
commercial uses.
3. The Development Review Board must find that the proposed uses will not
adversely affect the following:
(a) The capacity of existing or planned municipal or educational facilities.
The proposal will not adversely affect municipal services.
(b) The essential character of the neighborhood or district in which the
property is located, nor ability to develop adjacent property for appropriate
uses.
The proposal is in keeping with the character of uses on surrounding properties and will
not adversely affect the character of the area or the ability to develop adjacent
properties. The proposed additions will protrude only 4' above the peak of the rooftop
and is proposed to match the existing slats. Therefore, the proposed equipment location
will not have a significant impact on the character of the area.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect.
The proposal is in keeping with applicable regulations.
(e) Utilization of renewable energy resources.
The proposal will not affect renewable energy resources.
(0 General public health and welfare.
The proposal will not have an adverse affect on general public welfare or the health of
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the surrounding public.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
following general review standards for all site plan applications:
(a) 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.
The proposed project will not have an impact on the transition from structure to site and
from structure to structure. The proposed addition will be compatible with the existing
structures.
(b) Parking shall be located to the rear or sides of buildings to the greatest extent
practicable.
Parking is not applicable to the proposed project.
(c) 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 adjoining buildings.
The applicant has stated that the equipment will protrude 4' above the peak of the rooftop.
This is no higher than the fence which currently exists on the roof to conceal the rooftop
units. A height waiver of 9'6" for a building height of 44'6" has previously been granted and
will remain in effect. No changes to the height waiver are required.
(d) Newly installed utility services and service modifications necessitated by
exterior alterations or building expansions shall, to the extent feasible, be
underground.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications shall be underground.
(e) The DRB shall encourage the use of a combination of common materials and
architectural characteristics, landscaping, buffers, screens and visual
interruptions to create attractive transitions between buildings of different
architectural styles.
The elevations submitted demonstrate substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
(t) 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.
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The proposed project relates harmoniously to the area. The proposed additional
equipment protrudes a minimal height of 4' above the peak of the rooftop and is concealed
by the existing rooftop fence.
Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
(a) 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 of collector street, to provide additional access for
emergency or other purposes, or to improve general access and circulation
in the area.
It is not necessary to require any additional access to abutting properties.
(b) Electric, telephone and other wire -served utility lines and service connections
shall be underground. Any utility installations remaining above ground shall
be located so as to have a harmonious relation to neighboring properties and
to the site.
It has already been stated that pursuant to Section 15.13(E) of the Land Development
Regulations, any new utility lines, services, and service modifications shall be
underground.
(c) All dumpsters and other facilities to handle solid waste, including compliance
with any recycling 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).
There are no needs to revise the site plan with respect to this criterion.
(d) Landscaping and Screening Requirements
Because no buildings are proposed, there are no requirements for additional landscaping.
Access/Circulation
Access and circulation on the property will remain unchanged through the proposed
project.
DECISION
Motion by C, seconded by DGCA r�A �G-
to approve Conditional Use Application #CU-07-03 and Site Plan Application #SP-07-53
of RCC Atlantic, Inc., subject to the following conditions:
1) All previous approvals and stipulations which are not superseded by this
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approval shall remain in full effect.
2) This project shall be completed as shown on the plans submitted by the applicant
and on file in the South Burlington Department of Planning and Zoning.
3) Prior to issuance of the zoning permit, the applicant shall submit three (3) full
sized sets of the plans (24" x 36").
4) The applicant shall 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.
5) The applicant shall obtain a Certificate of Occupancy/Compliance from the
Administrative Officer prior to the use of the communication antennas.
6) Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr — nay/abstain/not present
Matthew Birmingham — yea/nay/abstain of presen
John Dinklageoe/nay/abstain/not
nay/abstain/not presen
Roger Farley —ay/abstain/not present
Eric Knudsen — present
Peter Plumeau — a/nay/abstain o prese
Gayle Quimby — 'ea nay/abstain/no present
Motion carried by a vote of S- O - O
Signed this-7—day of 2007, by
47�"c S� U 1-91-
/ John Dinklage, Ch r
Please note: You have the right to appeal this decision to the Vermont Environmental
Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this
decision is issued. The fee is $225.00. If you fail to appeal this decision, your right to
challenge this decision at some future time may be lost because you waited too long.
You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy;
finality).
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