HomeMy WebLinkAboutCU-07-04 SP-07-63 - Decision - 0030 Community Drive#CU-07-04
#SP-07-63
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
TELJET - 30 COMMUNITY DRIVE
CONDITIONAL USE APPLICATION #CU-07-04
SITE PLAN APPLICATION #SP-07-63
FINDINGS OF FACT AND DECISION
Teljet Longhaul, hereafter referred to as the applicant, is seeking conditional use
approval to amend a previously approved plan for a 275,000 sq. ft. mixed used building.
The amendment consists of installing a 10 foot high telecommunications antenna on the
roof, 30 Community Drive.
Teljet Longhaul is also seeking site plan approval to amend a previously approved plan
for a 275,000 sq. ft. mixed use building. The amendment consists of installing a 10 foot
high telecommunications antenna on the roof, 30 Community Drive.
The Development Review Board held a public hearing on Tuesday, October 2, 2007.
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 amend a previously
approved plan for a 275,000 sq. ft. mixed used building. The amendment
consists of installing a 10 foot high telecommunications antenna on the roof, 30
Community Drive. The applicant is also seeking site plan approval to amend a
previously approved plan for a 275,000 sq. ft. mixed use building. The
amendment consists of installing a 10 foot high telecommunications antenna on
the roof, 30 Community Drive.
2. The owner of record of the subject property is Technology Park Associates, Inc.,
et. al.
3. The subject property is located in the Mixed Industrial & Commercial (Mixed IC)
Zoning District.
4. 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.
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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 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. It will therefore not
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.
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(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.
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 10 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 South Burlington Land Development Regulations.
(co 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.
That the elevations submitted demonstrate substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
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(fl 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.
(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.
The Board has already 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 is no need 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 relq(l , seconded by
to approve Cond tional Use Appli ation #CU-07-04 and Site Plan Application #SP-07-63
of TelJet Longhaul, 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 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/Compliance from the
Administrative Officer prior to the use of the telecommunication antenna.
5. Any change to the site plan shall require approval of the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — ye nay/abs 'n/not present
Matthew Birmingham ye nay/abstain/not present
John Dinklage — ea/nay abstain not presen
Roger Farley — e ay/abstain/not presen
Eric Knudsen — e nay/abstain/not present
Peter Plumeau —beanay/abstain/6`6
/nay/abstain of presen
Gayle Quimby — present
Motion carried by a vote of S - v - v
Z D �GTO 4E« 2007, b Signed this ~'day of y
Mark Behr, Vice Chairman
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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