HomeMy WebLinkAboutCU-05-17 SP-05-63 - Decision - 1712 Shelburne RoadCITY of SOUTH BURLINGTON
DEPARTMENT of PLANNING AND ZONING
CLEARWIRE, LLC -1712 SHELBURNE ROAD
CONDITIONAL USE APPLICATION #CU-05-17
SITE PLAN APPLICATION #SP-05-63
Clearwire, LLC, hereinafter referred to as the applicant, is seeking conditional use
approval for permission to install wireless telecommunications equipment on the rooftop
include 3 panel antennas, 2 microwave dishes, and a GPS Unit with a maximum height
of 49 feet. Clearwire LLC is also seeking to amend a previously approved site plan for a
hotel (Holiday Inn Express). The amendment consists of the installation of wireless
telecommunications equipment on the roof to include three panel antennas, two
microwave antennas, and a GPS unit with a maximum height of 49 feet, 1712 Shelburne
Road. The Development Review Board held a public hearing on February 21, 2006.
Robert Gashlin 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 for permission to install wireless
telecommunications equipment on the rooftop include 3 panel antennas, 2 microwave
dishes, and a GPS Unit with a maximum height of 49 feet. Clearwire LLC is also
seeking to amend a previously approved site plan for a hotel (Holiday Inn Express). The
amendment consists of the installation of wireless telecommunications equipment on the
roof to include three panel antennas, two microwave antennas, and a GPS unit with a
maximum height of 49 feet, 1712 Shelburne Road.
2. The owner of record of the subject property is John Larkin, Inc.
3. The subject property is located in the Commercial 2 (C2) Zoning District
4. The plans submitted consist of a 12 page set of plans, page two (2) entitled,
"Clearwire Basement Plan", prepared by C & S Engineering Inc., last revised on
12/ 19/05.
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.
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The proposal is to locate telecommunications equipment on the roof of a hotel.
The proposed additions will protrude only 2'6" above the peak of the rooftop. 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 2
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 hotel roof is in compliance with
the stated purpose of the C2 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 2'6" above the peak of the rooftop
so 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
the surrounding public.
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SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlinqton 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 2'6" above the peak of the
rooftop. This is above the maximum regulated height of buildings and will therefore require
a height waiver.
(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 elevation submitted demonstrates substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
(f) 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 project relates harmoniously to the area. The proposed additional
equipment protrudes a minimal height of 2'6" above the peak of the rooftop.
Site plan applications shall meet the following specific standards as set forth in
Section 14.07 of the South Burlington Land Development Regulations:
SM
(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.
Height Waiver
The applicant is proposing to locate the equipment at a maximum height of 49 feet. This
is above the regularly permitted height of structures in the district and shall require a
height waiver.
The Development Review Board favors the granting of a height waiver of 14 feet.
DECISION
Motion by GA�tC- Q91HN3� , seconded by kAr ►J k 1W 4
to approve Conditional Use Application #CU-05-17 and Site Plan Application #SP-05-63
of Clearwire, LLC, 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
and on file in the South Burlington Department of Planning and Zoning.
3. The Development Review Board grants a height waiver of 14 feet.
4. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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 the use of the new telecommunications equipment.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board.
Mark Behr —@i nay/abstain/not present
Matthew Birmingham —,yea/nay/abstain/not present
Chuck Bolton — €a7 ay/abstain/not present
John Dinklage — yea/nay/abstain4hot Oesej
Roger Farley — ea ay/abstain/not present
Larry Kupferman —nay/abstain/not present
Gayle Quimby — ea nay/abstain/not present
Motion carried by a vote of � -6 - U
Signed this �d y of �'����� 2006, by
Mark Behr, Vice Chairman
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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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