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HomeMy WebLinkAboutCU-08-08 - Decision - 0030 Community Drive#CU-08-08 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING TELJET LONGHAUL, LLC - 30 COMMUNITY DRIVE CONDITIONAL USE APPLICATION #CU-08-08 FINDINGS OF FACT AND DECISION Teljet Longhaul, hereafter referred to as the applicant, is seeking conditional use approval to install a 10 foot high telecommunications antenna on the roof, 30 Community Drive. The Development Review Board held a public hearing on Tuesday, January 6, 2009. Greg Kelly 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 approval to install a 10 foot high telecommunications antenna on the roof, 30 Community Drive. 2. The applicant received approval for the antenna on October 2, 2007 (CU#07-04) but did not obtain a zoning permit within the stated deadline. Therefore they are now seeking re -approval for the antenna via this application. 3. The owners of record of the subject property are Technology Park Associates, Inc., Axinn Vermont, Inc., and PMF Energy, Inc. 4. The subject property is located in the Mixed Industrial & Commercial (IC) Zoning District. 5. The plan submitted is entitled, "Technology Park 30 Community Drive South Burlington, VT. Teljet Longhaul Site Plan", prepared by Trudell Consulting Engineers, dated 5/15/06, last revised on 8/31/07. 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 Comprehensive Plan. F:\USERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\TelJet_TechPark\CU 08_08_FFD.doc - 1 - #CU-08-08 The proposal is to locate telecommunications equipment on the roof of a mixed use building. The proposed antenna is 10 feet high. The applicant has included renderings of the proposal based on marker masts. The photographs submitted by the applicant clearly demonstrate a significant number of existing roof top poles, antennas, and other mechanical units. Furthermore, the subject property is zoned as Industrial/Commercial with several other commercial and industrial buildings in the vicinity. Therefore, staff 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. The proposed placement of equipment on the existing roof is in compliance with the stated purpose of the IC District, as it is in an area that is densely developed with commercial and industrial 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 antenna will be one of many others on the rooftop. It is also set several hundred feet away from the public roads and rights of ways. 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 the surrounding public. FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\TelJet_TechPark\CU_08_08_FFD.doc -2- #CU-08-08 DECISION �� Motion by G A « 114 seconded by o�yl �,JAOI to approve Conditional Use Allplication #CU-08-08 of Teljet Longhaul, LL , 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 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. 4. The applicant shall obtain a Certificate of Occupancy form the Administrative Officer prior to the use of the telecommunications antenna. 5. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Mark Behr - ee�/nay/abstain/not present Matthew Birmingham - yea/nay/abstain/ of present John Dinklage - a/nay/abstain not present Roger Farley - e ay/abstain/no presen Eric Knudsen - e ay/abstain/not present Peter Plumeau - /nay/abstain not presen Gayle Quimby -�ay/abstain/not present Motion carried by a vote of -4�- 6- 0 :;;iMiarkBehr, aA6(u, 1e t' 2009, by Vice Chairman Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRECP 5 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). FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2009\TelJet_TechPark\CU 08_08_FFD.doc -3-