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
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#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
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#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
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