HomeMy WebLinkAboutSP-09-68 CU-09-07 - Decision - 0466 Farrell Street#CU-09-07
#SP-09-68
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
KJK WIRELESS — 466 FARRELL STREET
CONDITIONAL USE APPLICATION #CU-09-07
SITE PLAN APPLICATION #SP-09-68
FINDINGS OF FACT AND DECISION
KJK Wireless, hereinafter referred to as the applicant, is seeking conditional use
approval to relocate antennas on an existing tower from the 80 foot level to 122 foot
level, 466 Farrell Street.
KJK Wireless is also seeking site plan approval to amend a previously approved plan for
a telecommunications tower. The amendment consists of relocating antennas on the
tower from the 80 foot level to 122 foot level, 466 Farrell Street.
The Development Review Board held a public hearing on September 15, 2009. Bob
Gashlin 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 conditional use approval to relocate antennas on an existing
tower from the 80 foot level to 122 foot level, 466 Farrell Street.
2. The applicant is also seeking site plan approval to amend a previously approved plan
for a telecommunications tower. The amendment consists of relocating antennas on the
tower from the 80 foot level to 122 foot level, 466 Farrell Street.
3. The application was received on August 21, 2009.
4. The owner of record of the subject property is EF Farrell, LLC
5. The subject property is located in the Commercial 1, Residential 15 Zoning District.
6. The plans submitted consist of a seven (7) page set of plans, page one (1) entitled,
"530 Shelburne Rd. Burlington, VT 05401" prepared by Dewberry-Gold kind, Inc. with a
last revised date of 8/12/2009.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
a. 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.
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The proposal is to re -locate telecommunications equipment on an existing
telecommunications tower, from a height of 80 feet to the top of the tower, at 122 feet
The equipment appears to be relatively small in size, but will be visible from the
surrounding area. The Board approves of this request.
b. 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 C1 District, as it is in an area that is densely developed with
commercial uses.
8. 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 properly for appropriate uses.
The Board finds that the proposal will not 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.
(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. The Board grants the applicant's request for a height waiver
of 87 feet for a mounted height of 122 feet.
(e) Utilization of renewable energy resources.
The proposal will not adversely affect renewable energy resources.
(f) General public health and welfare.
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The proposal will not have an adverse affect on general public welfare or the health of
the surrounding public. The proposal is regulated and monitored by telecommunications
authorities for related concerns.
SITE PLAN REVIEW STANDARDS
9. 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.
(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 122 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.
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.
As the surrounding area fills in with development it will likely become less obvious.
(f) 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 criteria is being met
10. Site plan applications shall meet the following specific standards as set forth in
Section
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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 soas to
have a harmonious relation to neighboring properties and to the site.
It is 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 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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Motion by Gayle Quimby, seconded by Roger Farley, to approve Conditional Use
Application #CU-09-07 and Site Plan Application #SP-09-68 of KJK Wireless 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 permit issuance.
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a. The plans shall be revised to correct the fact that the property is located
in South Burlington, not Burlington.
4. The Board grants an 87 foot height waiver to allow the panel antennas to be
relocated to the 122 foot level.
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 relocated antennas.
7. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — yea/nay/abstain/not present
Matthew Birmingham — yea/nay/abstain/not present
John Dinklage — yea/nay/abstain/not present
Roger Farley — yea/nay/abstain/not present
Eric Knudsen — yea/nay/abstain/not present
Gayle Quimby — yea/nay/abstain/not present
Bill Stuono — yea/nay/abstain/not present
Motion carried by a vote of 6-0-0
.f � -
Signed this � day of ��' 2009, by
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 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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