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Home My WebLink AboutSP-10-76 - Decision - 0466 Farrell Street#S P-10-76 #CU-10-09 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING CLEARWIRE US, LLC. — 466 FARRELL STREET SITE PLAN APPLICATION #SP-10-76 CONDITIONAL USE APPLICATION #CU-10-09 FINDINGS OF FACT AND DECISION Clearwire US, LLC., hereafter referred to as the applicant, is seeking conditional use approval to: 1) install three (3) panel antennas on an existing tower at the 110 foot level, and 2) install a ground mounted equipment platform, 466 Farrell Street. Clearwire US LLC is also seeking site plan approval to allow the installation of. 1) three (3) panel antennas on an existing tower at the 110 foot level, and 2) a ground mounted equipment platform, 466 Farrell Street. The Development Review Board held public hearings on December 7, 2010, and January 18, 2011. Allen Hinkley 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: Due to federal preemption issues, the board was unable to consider or weigh any of the testimony regarding health and safety of the new antennas' emissions in its decision. FINDINGS OF FACT 1. The applicant is seeking conditional use approval to: 1) install three (3) panel antennas on an existing tower at the 110 foot level, and 2) install a ground mounted equipment platform, 466 Farrell Street. Clearwire US LLC is also seeking site plan approval to allow the installation of. 1) three (3) panel antennas on an existing tower at the 110 foot level, and 2) a ground mounted equipment platform, 466 Farrell Street. 2. The application was received on October 27, 2010. 3. The owner of record of the subject property is Farrell, LLC. 4. The subject property is located in the C1-R15 Zoning District. 5. The plans submitted consists of a 12 page set of plans, page two (2) entitled, "Site Plan," prepared by Ericsson, Inc. et al., dated 10/6/2010. 1 FAUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc r #SP-10-76 #CU-10-09 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 install telecommunications equipment on an existing telecommunications tower, at a height of 110 feet. The applicant has submitted elevations showing the existing and proposed tower, as well as a site plan depicting the changes. The equipment appears to be relatively small in size, but will be visible from the surrounding area. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. Pursuant to Section 5.01(A) of the Land Development Regulations, the Commercial 1 District is formed to encourage the location of general retail and office uses in a manner that serves or enhances a compact central business area. Other uses that would benefit from nearby access to a central business area may be permitted if they do not interfere with accessibility and continuity of the commercial district. The proposed placement of equipment on the existing tower is in compliance with the stated purpose of the Cl District, as it is in an area that is densely developed with commercial uses. 3. The Development Review Board finds 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 proposed additional panel antennas in size and style are in keeping with the existing panels, hence the visual impact will not adversely affect the essential character of the neighborhood nor will the proposal affect the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The proposal will not affect traffic in the vicinity. 2 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc i #SP-10-76 #CU-10-09 (d) Bylaws in effect. The proposal would require a height waiver. The existing tower is 119 feet tall. While the equipment would not be higher than the existing tower, a height waiver for the equipment is still necessary. Given that the current application only proposes a limited number of small additional panels — three - there is little change to the existing tower and the three existing panels and the adverse impact at this point on the bylaws governing height is minimal. (e) Utilization of renewable energy resources. The proposal will not adversely affect renewable energy resources. SITE PLANREVIEW 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 fYom 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. (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 existing tower is 119 feet in height. The proposed antennas will be mounted approximately 110 feet high. Although the height of the tower already has a height waiver, separate height waivers are required for any additional equipment or structures above 35 feet. (d) Newly installed utility services and service modifications necessitated by exterior alterations or building expansions shall, to the extent feasible, be underground. 3 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc #SP-10-76 #CU-10-09 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. This is a very tall structure. Buffering and screening would be unlikely, if not impossible. However, there is already a white vinyl stockade fence surrounding the tower, which obstructs all of the ground -mounted equipment. 09 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 Board finds that this criterion is being met. 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. 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 4 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc #SP-10-76 #CU-10-09 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. Other The plans should be revised to correct the notations that this property is located in Burlington. The plans should be revised to state that the ground mounted unit is enclosed by a vinyl fence and not a chain link fence, as noted. DECISION Motion by YUIfl� � (Y/l �1�� , seconded by D-0 �� G , to approve Site Plan Application #SP-10-76 and Conditional Use Application #CU-10-09 of Clearwire US, 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. 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 correct the notations that this property is located in Burlington. b. The plans shall be revised to state that the ground mounted unit is enclosed by a vinyl fence and not a chain link fence, as noted. 4. 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. 5. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to use of the newly installed antennas. 5 FIUSERS\Planning & Zoning\Development Review Boa rd\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc #SP-10-76 #CU-10-09 6. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. 7. The applicant's request for a height waiver of 75 feet, for a mounted height of 110 feet is hereby granted. Mark Behr — e( Dhay/abst 'n/not present Matthew Birmingham -4yay/abstain/not present John Dinklage knayb'stain/not /abstain/not present Roger Farley ebstain/not present Gayle Quimby — /abstain/not present Michael Sirotkin y/abstain/not present Bill Stuono — ye present Motion carried by a vote of 0 -�,i' Signed this day of March 2011, by Mark Behr, Chairman Please note: An appeal of this decision may be taken by filing, within 30 days of the date of this decision, a notice of appeal and the required fee by certified mail to the Superior Court, Environmental Division. See V.R.E.C.P. 5(b). A copy of the notice of appeal must also be mailed to the City of South Burlington Planning and Zoning Department at 575 Dorset Street, South Burlington, VT 05403. See V.R.E.C.P. 5(b)(4)(A). Please contact the Environmental Division at 802-828-1660 or http://vermontjudicia[y.org/G'rC/environmental/default.aspx for more information on filing requirements, deadlines, fees and mailing address. The applicant or permittee retains the obligation to identify, apply for, and obtain relevant state permits for this project. Call 802.879.5676 to speak with the regional Permit Specialist. 6 FAUSERS\Planning & Zoning\Development Review Board\Findings_Decisions\2010\Clearwire_SP-10_76_ffd.doc