HomeMy WebLinkAboutCU-09-10 SP-09-91 - Decision - 0030 Community Drive#CU-09-10
#S P-09-91
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TELJET LONGHAUL LLC - 30 COMMUNITY DRIVE
CONDITIONAL USE APPLICATION #CU-09-10
SITE PLAN APPLICATION #SP-09-91
FINDINGS OF FACT AND DECISION
Teljet Longhaul, hereafter referred to as the applicant, is seeking after the fact conditional
use approval to add a 36 inch diameter antenna on an eight (8) foot high mast on the roof of
the building, 30 Community Drive.
Teljet Longhaul is also seeking after the fact site plan approval to amend a previously
approved plan for a 275,000 sq. ft. mixed use building. The amendment consists of installing
a 36 inch diameter antenna on an eight (8) foot high mast on the roof of the building, 30
Community Drive.
The Development Review Board held a public hearings on December 15, 2009 and January
5, 2010. Greg Kelley 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 after the fact conditional use approval to add a 36 inch diameter
antenna on an eight (8) foot high mast on the roof of the building, 30 Community Drive.
The applicant is also seeking after the fact site plan approval to amend a previously
approved plan for a 275,000 sq. ft. mixed use building. The amendment consists of installing
a 36 inch diameter antenna on an eight (8) foot high mast on the roof of the building, 30
Community Drive.
2. The application was received on November 20, 2009.
3. The owners of record of the subject property are Technology Park Associates, Inc., Axinn
Vermont Inc., PMF Energy Inc.
4. The subject property is located in the Mixed industrial and Commercial Zoning District.
5. The plan submitted is entitled, "TelJet Longhaul, LLC Technology Park Community Drive
South Burlington, VT", prepared by Trudell Consulting Engineers, dated 12/11/06, last
revised on 12/11/06.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the Proposed
conditional use shall meet the following standards:
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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 proposal is to locate telecommunications equipment on the roof of a mixed use building.
The proposed antenna is 8 feet high with a dish that is 36 inches in diameter. This equipment
has already been installed on the site, without any approvals.
The applicant has included a very basic sketch which includes the height of the building and
antenna. Only a circle is shown to represent the dish. It is not useful in determining the
impact of the proposal on most of the conditional use criteria. No photographs or renderings
of the actual equipment were submitted. The site plan of the site that was submitted by the
applicant only shows a hand -drawn approximation of the antenna location. It does not
include the location of other facilities on the site which had been previously approved.
Staff has visited the site and was not able to see any equipment which matches the
description provided by the applicant.
It is likely that the proposal will not have a significant impact on the character of the area, as
there already exists 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. Still, the impact of this
specific proposal cannot be addressed without additional details of the proposed equipment.
The proposed use shall conform to the stated purpose of the district in which the
proposed use is located.
The 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.
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 Board finds that 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.
Again, the proposal is likely to be in keeping with the character of uses on surrounding
properties and will likely 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.
(c) Traffic on roads and highways in the vicinity.
The proposal will not affect traffic in the vicinity.
(d) Bylaws in effect.
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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 Board finds that the proposal will have not an adverse affect on general public welfare or
the health of 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.
(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 as part of this application.
(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 only eight (8) feet above the rooftop
of the building. The existing building is 24 feet high and has a flat roof. The maximum height
of a flat -roofed building is 35 feet without any height waivers. Therefore, the proposal will be
within the height limits of the SBLDRs.
(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.
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Again, without further information or cut sheets of the proposed equipment, it is difficult to
assess the proposal's compliance with this criterion and address whether 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.
This criterion is addressed above.
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 as part of this
application.
(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.
As already stated, 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.
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DECISION
Motion by 0 WON seconded by ��� �i9%l(C to
approve Conditional Use Ap ication #CU-09-10 and Site Plan Applicatio #SP-09-91 of
TelJet Longhaul, LLC subject to the following conditions:
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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 plans 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 reflect all rooftop apparatus on the subject lot.
4. Prior to permit issuance, the applicant shall provide a cut sheet or photograph of the
proposed equipment.
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 from the Administrative Officer prior
to use of the new antenna.
7. Any change to the site plan shall require approval by the South Burlington Development
Review Board or the Administrative Officer.
Mark Behr e nay/abstain/not present
Matthew BirminNenay/abstain/not
— yea/nay/abstain/ of resent
John Dinklagenay/abstain/not present
Roger Farley — r ent
Eric Knudsen — yea/nay/abstain not resen
Gayle Quimb ea ay/abstain not present
Bill Stuono — ye nay/abstain/not present
Motion carried by a vote of v - D
Signed this -2� day of 2010, by
ohn Dinklage, Chairman
Please note: You have`6e 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).
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