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HomeMy WebLinkAboutSD-15-14 - Decision - 1215 Dorset Street#SD-15-14 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CHAMPLAIN WATER DISTRICT —1215 DORSET STREET PRELIMINARY PLAT APPLICATION #SD-15-14 FINDINGS OF FACT AND DECISION Preliminary plat application #SD-15-14 of Champlain Water District for a planned unit development to amend a previously approved plan for a 2.1 million gallon water storage tank. The amendment consists of: 1) constructing a 190 ft. high communications tower including antennas, and 2) constructing a 216 sq. ft. support building, 1215 Dorset Street The Development Review Board held a public hearing on Tuesday, May 5, 2015. Sheila McIntyre 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 Champlain Water District, hereafter referred to as the applicant, is requesting preliminary plat approval for a for a planned unit development to amend a previously approved plan for a 2.1 million gallon water storage tank. The amendment consists of: 1) constructing a 190 ft. high communications tower including antennas, and 2) constructing a 216 sq. ft. support building, 1215 Dorset Street. 2. The owner of record of the subject property is Champlain Water District. 3. The subject property is located in the Municipal Zoning District. 4. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled "Dorset Street COM Tower Landscape Mitigation Plan", prepared by T.J. Boyle Associates, LLC, and dated 3/27/15. Zoning District & Dimensional Requirements: The property is located in the Municipal Zoning District. Municipal Zoning District Required -Existing Proposed Min. Lot Size none 1.17 acres No change Max. Building Coverage 30% 0.05 % 0.50 Max. Overall Coverage 70% 12.4 % 17.2 % Max. Front Yard Coverage 30% 28.0 % No change Min. Front Setback 40 ft. > 40 ft. > 40 ft. Min. Side Setback 15 ft. —6 ft. > 15 ft. SD_ 15 14_ 1215DorsetStreet ChamplainWaterDistrict comm—tower_ and support building prelim ffd. d oc-1— #SD-15-14 Min. Rear Setback 30 ft. <30 ft. > 30 ft. A► Max. Building Height 35ft. (flat roof) 135 ft. tank + 190 ft, new antennas of tower and unknown antennas height on tank zoning compliance �► Waiver previously granted for existing tank & antennae, 155 ft. height waiver requested for new tower with antennas Height Waiver The applicant is requesting a waiver pursuant to Section 3.07, D(2)(b) which reads as follows: (2) R12, IA, PR, MU, C1-R12, Cl-R15 Cl-Auto, Cl-Air, C14R, AR, SW, 10, C2, Mixed IC, AIR, and AIR-IND Districts. (a) ............. (b) For structures proposed to exceed the maximum height for structures specified in Table C-2 as part of a planned unit development or master plan, the Development Review Board may waive the requirements of this section as long as the general objectives of the applicable zoning district are met. A request for approval of a taller structure shall include the submittal of a plan(s) showing the elevations and architectural design of the structure, pre -construction grade, post -construction grade, and height of the structure. Such plan shall demonstrate that the proposed building will not detract from scenic views from adjacent public roadways and other public rights -of -way. The applicant has submitted the required plans. With regards to the existing tank which measures 150.5 ft. in height, the applicant proposes to keep this in place but remove the communications antennas from it (of unknown height). The applicant then proposes to erect a new communications tower with whip antennas with a total height of 189.5 ft. The general objectives of the Municipal Zoning District, noted in Section 7.03 A. are as follows: A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. Existing whip antennas on top of the tank provide communications services to CWD and South Burlington Police, Fire and Rescue and will be moved to the proposed new communications tower. Applicant has submitted photo simulations of the new tower. The applicant notes that they also propose to remove (via a separate Zoning Permit application for demolition) an existing unused City -owned tower approximately 110 ft. in height, shed and associated guy wires located on the adjacent Isham property. The Board preliminarily finds that the proposed 190 ft. tower with a 155 ft. height waiver will not detract from scenic views from adjacent public roadways and other public rights -of -way and grants a SD_ — 15 14 1215DorsetStreet ChamplainWaterDistrict comm—tower and support building prelim ffd.d oc- 2 — — #SD-15-14 155 ft. height waiver. In reviewing this application, the Board notes that the new tower is to be sited adjacent to a 150.5 ft. water tank that presently has antennas on top, due to its proximity to this existing infrastructure, and due to the planned removal of the existing 110 ft. tower, that the proposal will not significantly further impact the views from adjacent properties. Fencing As a matter of public health and safety, the applicant seeks to install an 8 ft. fence consisting of 7 ft. of fencing with a 1 ft., 3-strand barbed wire apron installed at a 30-45 degree angle. Barbed wire is prohibited by the LDRs as follows in Section 13.17 (C). 24 V.S.A. Section 4413 (a) however states that certain "uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities, traffic, noise, lighting, landscaping, and screening requirements..." 24 V.S.A. Section 4413 (a) (1) includes "state or community -owned and operated institutions and facilities". Since the proposed tower will be a community -owned facility, the barbed wire fencing is exempt from City regulation. The Board preliminarily finds that the barbed wire fencing is therefore acceptable. PLANNED UNIT DEVELOPMENT STANDARDS Pursuant to Section 15.18 of the South Burlington Land Development Regulations, PUDs shall comply with the following standards and conditions: (A)(1)Sufficient water supply and wastewater disposal capacity is available to meet the needs of the project. The project requires no water or wastewater supply or disposal. This criterion is not applicable. (A)(2)Sufficient grading and erosion controls will be utilized during and after construction to prevent soil erosion and runoff from creating unhealthy or dangerous conditions on the subject property and adjacent properties. The applicant's plans indicate the use of grading and erosion controls. The Board preliminarily finds this criterion to be met. (A)(3)The project incorporates access, circulation, and traffic management strategies sufficient to prevent unreasonable congestion of adjacent roads. The site is not regularly staffed and operates 24 hours a day. There will be no increase in traffic to the site and the existing driveway will be used. The Board preliminarily finds this criterion to be met. (A)(4)The project's design respects and will provide suitable protection to wetlands, streams, wildlife habitat as identified in the Open Space Strategy, and any unique natural features on the site. SD_15 14 1215DorsetStreet_Champlain WaterDistrict comm_tower_and support building prelim_ffd.d oc- 3 — #SD-15-14 There are no wetlands, streams, wildlife habitat as identified in the Open Space Strategy nor unique natural features on the site. (A)(5)The project is designed to be visually compatible with the planned development patterns in the area, as specified in the Comprehensive Plan and the purpose of the zoning district(s) in which it is located. The Board preliminarily finds that the proposed tower and antennas is compatible with the planned development patterns of the Municipal District. (A)(6)Open space areas on the site have been located in such a way as to maximize opportunities for creating contiguous open spaces between adjoining parcels and/or stream buffer areas. This criterion is not applicable. (A)(7)The layout of a subdivision or PUD has been reviewed by the Fire Chief or (designee) to ensure that adequate fire protection can be provided. In a letter to staff dated April 27, 2015, the Fire Chief provided the following comments: Dear Ray: We are familiar with and have reviewed this project as submitted and see no issues regarding its construction and access. Should you need any further assistance on this project please feel free to contact me. Sincerely, Douglas S. Brent Douglas S. Brent Fire Chief The Board finds this criterion to be met. (A)(8)Roads, recreation paths, stormwater facilities, sidewalks, landscaping, utility lines and lighting have been designed in a manner that is compatible with the extension of such services and infrastructure to adjacent landowners. Not applicable. (A)(10)The project is consistent with the goals and objectives of the Comprehensive Plan for the affected district(s). According to the Comprehensive Plan, the goals and objectives for this area of the City is as follows: 5. Southeast Quadrant - The Quadrant should be developed in a gradual, well planned manner that provides a variety of development patterns. An overall density in the low moderate range should be maintained and development designs stressed which preserve the open, special character of the SEQ. SD_15 14 1215DorsetStreet Champlain WaterDistrict_comm—tower _and support building prelim—ffd.d oc- 4 — #SD-15-14 The project will remove one tower and erect a new tower. The proposed development will have little impact on density and little impact on the open and special character of the SEQ. The Board preliminarily finds this criterion to be met. SITE PLAN REVIEW STANDARDS Pursuant to Section 14.03(A)(6) of the South Burlington Land Development Regulations, any PUD shall require site plan approval. Section 14.06 of the South Burlington Land Development Regulations establishes the following general review standards for all site plan applications: A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) 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. There is no pedestrian access to the site. Parking needs are minimal as the site is only visited on periodic basis for maintenance. The Board preliminarily finds this criterion to be met. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. There are no formal parking areas on the site. The new gravel drive area will be located to the side of the new tower. The Board preliminarily finds this criterion to be met. (b) The Development Review Board may approve parking between a public street and one or more buildings if the Board finds that one or more of the following criteria are met. The Board shall approve only the minimum necessary to overcome the conditions below. Not applicable. (3) 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 anticipated adjoining buildings. The proposed new tower will be compatible with the scale and height of the existing tank on the site. The Board preliminarily finds this criterion to be met. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. Proposed new power lines will be underground. The Board preliminarily finds this criterion to be met. SD_15 14 1215DorsetStreet Champlain WaterDistrict_comm—tower _and support building prelim ffd.d oc- 5 — #SD-15-14 C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. The applicant proposes to plant 35 new trees on the property and remove 15 existing trees. In a memo to staff dated April 21, 2015 the City Arborist provided the following comments: • Tree and Shrub Planting Details should be included with plans • I'm sure the intent of planting Norway Spruce is to provide screening but unless the trees are going to be maintained as a formal hedge, spacing the trees 10 ft. on center is pretty tight. These trees reach a mature width of 20-30 ft. and heights of 60-80 ft. In a memo to staff dated April 30, 2015 the City Arborist provided the following additional comments: Ray, I spoke with Jeremy at TJ Boyle regarding the spacing of the Norway Spruce on the south side of the access road. If they were to increase the spacing to 15-20 feet on center/ think that would provide the trees with a bit more space while still providing screening. Craig Lambert South Burlington City Arborist The Board directs the applicant to comply with the City Arborist's recommendations by increasing the spacing of the Norway Spruce on the south side of the access road to 15 feet. (2) 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 new structure is only 9 ft. tall and relatively small and unobtrusive. The proposed new tower will be 190 ft. high and the existing water tower (after its top -mounted antennas are removed) will measure 150.5 feet. The applicant has provided a photo simulation of what the project will look like after completion. The Board preliminarily finds this criterion to be met. 7.03 Municipal District MU A. Purpose. A Municipal District is hereby formed to provide for public schools, municipal services including but not limited to administration, police, fire, water, street, and sewer services, landfills, operations of other municipal corporations as set forth in 24 VSA [municipal corporations such as CSWD], and other municipal uses, excluding public recreation. SD_15_14 1215DorsetStreet ChamplainWaterDistrict_comm—tower _and support building prelim_ffd.d oc- 6 — #SD-15-14 B. Comprehensive Plan. These regulations hereby implement the relevant provisions of the City of South Burlington's adopted Comprehensive Plan, and are in accord with the policies set forth therein. C. Permitted Uses..... D. Conditional Uses..... E. Area, Density and Dimensional Requirements. In the Municipal District, all requirements of this Section 7.03 and Table C-2, Dimensional Standards shall apply. F. Additional Standards. In reviewing any Permitted or Conditional Use proposed under this Section shall meet the following standards in addition to those in Article 14 of these Regulations: (1) The proposed use will provide an affirmative public benefit to the City and its citizens. (2) The proposed use will be compatible with and protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site The Board preliminarily finds that the proposed use will provide an affirmative public benefit to the City and its citizens and that it will be compatible with and will protect the ability to preserve public recreational use and planned open spaces and natural areas on the project site. DECISION Motion by Bill Miller, seconded by David Parsons, to approve preliminary plat application #SD-15-14 of Champlain Water District, 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 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 recording the final plat plans. The landscaping plans shall be revised to show Tree and Shrub Planting Details and to increase the spacing of the Norway Spruce on the south side of the access road to 15 feet. 4. The applicant shall provide the Administrative Officer record drawings, per the requirements of Section 12.03F of the Land Development Regulations prior to the issuance of a Certificate of Occupancy. SD_15 14 1215DorsetStreet_ChamplainWaterDistrict comm_tower_and support building prelim ffd.d oc- 7 — B #SD-15-14 5. The Board preliminarily grants a 155 ft. height waiver over the 35 ft. height limit to result in a maximum of 190 ft. 6. The Board preliminarily finds that, pursuant to24 V.S.A. Section 4413 (a) (1) the use of barbed wire fencing is acceptable. 7. The proposed project shall adhere to standards for erosion control as set forth in Section 16.03 of the South Burlington Land Development Regulations. In addition, the grading plan should meet the standards set forth in Section 16.04 of the South Burlington Land Development Regulations. The South Burlington Stormwater Superintendent may visit the site as construction progresses to ensure compliance with this criterion. 8. Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 9. Prior to zoning permit issuance for construction of the building, the applicant shall post an $11,925 landscaping bond. This bond shall remain in full effect for three (3) years to assure that the landscaping has taken root and has a good chance of survival. 10. 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. 11. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the new tower. 12. All exterior lighting shall be downcast and shielded, and otherwise comply with Section 13.07 of the SBLDR. 13. Prior to issuance of a zoning permit, the applicant shall submit to the Administrative Officer a final set of project plans as approved in digital (PDF) format. 14. The mylar shall be recorded prior to any zoning permit issuance. 15. Any changes to the final plat plans shall require approval of the South Burlington Development Review Board. 16. The applicant shall submit a final plat application within 12 months of this approval. Tim Barritt Yea Nay Abstain Not Present Mark Behr Yea Nay Abstain Not Present Brian Breslend Yea Nay Abstain Not Present Bill Miller Yea Nay Abstain Not Present David Parsons Yea Nay Abstain Not Present Jennifer Smith Yea Nay Abstain Not Present John Wilking Yea Nay Abstain Not Present SD_ — 15 14 1215DorsetStreet Champlain WaterDistrict comm—tower and support building prelim—ffd.d oc- 8 — — #SD-15-14 Motion carried by a vote of 6— 0 — 0. A Signed this day of 2015, by Tim Barritt, Chair 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). SD 15 14_1215DorsetStreet_ChamplainWaterDistrict comet tower and support building prelim ffd.d oc- 9 —