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HomeMy WebLinkAboutCU-05-16 SP-05-59 - Decision - 0072 San Remo DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MONTPELIER BROADCASTING, INC. — 72 SAN REMO DRIVE CONDITIONAL USE APPLICATION #CU-05-16 SITE PLAN APPLICATION #SP-05-59 FINDINGS OF FACT AND DECISION Montpelier Broadcasting, Inc., hereafter referred to as the applicant, is seeking conditional use and site plan approval under Article 14, Site Plan and Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to install two (2) five foot antenna masts on roof, 72 San Remo Drive. The Development Review Board held a public hearing on December 20, 2005. Ed Flanagan 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 The applicant is seeking conditional use and site plan approval under Article 14, Site Plan and Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to install two (2) five foot antenna masts on roof, 72 San Remo Drive. 2. The Design Review Committee held a meeting on December 19, 2005 and reviewed this project. 3. The owner of record of the subject property is Pizzagalli Construction. 4. The subject property is located in the Central District 4 (CD4) Zoning District. 5. The plan submitted is entitled, "Warehouse Site Plan Pizzagalli Construction Company," dated February 2000. Zoning District and Dimensional Requirements There are no dimensional or setback changes associated with this application. - 1 - 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 Comprehensive Plan. The proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed is consistent with the stated purpose of the CD 4 Zoning District. 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 proposed project 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 proposed project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. The proposed antennas will not have an adverse affect on the traffic patterns in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The proposed project will not affect renewable energy resources. (1) General public health and welfare. The proposed project will not have an adverse affect on general public welfare. Montpelier Broadcasting is obligated by Federal law to comply with the radio frequency emissions levels established by the Federal Communications Commission. -2- Pursuant to Section 3.13(F) of the Land Development Regulations, the proposed conditional use shall meet the followina standards: The Development Review Board, in granting conditional use approval, may impose conditions of the following: 1. Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. It is not necessary to impose any of these conditions to the proposed project. 2. Warning systems, fire controls, and other safeguards. It is not necessary to impose any of these conditions to the proposed project. 3. Provision for continuous monitoring and reporting. It is not necessary to impose any of these conditions to the proposed project. 4. Other restrictions as may be necessary to protect public health and safety. The proposed antennas are located on the roof of the 72 San Remo Drive. It is not necessary to impose any additional conditions to the proposed project. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, th proposed conditional use shall meet the following standards: (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 has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting and safe pedestrian movement. Parking will not be affected by this proposal. Pursuant to Section 13.01(G)(5) of the Land Development Regulations, a bicycle rack shall be installed on the property to "serve persons employed or residing on the premises as well as the visiting public". A bicycle rack is not shown on the plan. -3- (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces on the subject property are currently in existence. (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 proposed antennas will be located on the roof of 72 San Remo Drive. The existing building is 28 feet high. The proposed antennas are 5 feet high. Therefore, the antennas will be a total of 33 feet high. Pursuant to Section 3.07(G) of the Land Development Regulations, the Development Review Board may approve the height of communication antennas and farm silos to exceed the limitations set forth in Section 3.07(B) of the Land Development Regulations subject to conditional use approval. (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 proposed landscaping is adequate to satisfy this requirement. (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. The proposed structure will relate harmoniously to existing buildings in the area. (g) 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 easements as part of the proposed project. (h) 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. M As already noted, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. (i) 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). The plans do not show any dumpster locations. The plans should be revised to show the location of screened dumpster(s) if any exist. U) Landscaping and Screening Requirements There is no minimum landscaping requirement, based on building costs, for this project. The site is adequately landscaped and no additional landscaping is recommended. Pursuant to Section 13.06(B) of the Land Development Regulations, snow storage area must be specified and located in an area that will minimize the potential for run-off. The plans do not depict any snow storage areas. DECISION Motion by & A Ls' Q 4l,* Q q , seconded by 6q (,c� to approve Conditional Use Aplilication #CU-05-16 and Site Plan Application SP-05-59 of Montpelier Broadcasting, Inc., subject to the following conditions: 1) All previous approvals and stipulations, which are not superseded by this approval, shall remain in effect. 2) This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 3) The plan shall be revised to show the changes below and shall require approval of the Administrative Officer. Three (3) copies of the approved revised plans shall be submitted to the Administrative Officer prior to permit issuance: a) The plans shall be revised to show the location of a bicycle rack. b) The plans shall be revised to depict the dumpster location(s) adequately screened if any exist. c) The plans shall be revised to show the location of the snow storage area(s). 4) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. -5- 5) 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. 6) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to using the new antennas. 7) Any change to the site plan shall require approval by the South Burlington Development Review Board. Mark Behr Z/nay/abstain/not present Matthew Birmingham ye /nay/abstain/not present Chuck Bolton — ea nay stain/not present John Dinklage a /nay/abstain/not present Roger Farley — e /nay/abstain/not present Larry Kupferman7&nay/abstain/not present Gayle Quimby — e nay/abstain/not present Motion carried by a vote of —�- D - 0 Signed this D day of 3 cx�� , 2005, by John Dinklage, Chaif 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).