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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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).
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