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Home My WebLink AboutCU-13-02 SP-13-25 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#CU-13-02 #SP-13-25 CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING INDEPENDENT WIRELESS ONE LEASE REALTY CORPORATION- 850 HINESBURG ROAD CONDITIONAL USE APPLICATION #CU-13-02 SITE PLAN APPLICATION #SP-13-25 FINDINGS OF FACT AND DECISION Independent Wireless One Lease Realty Corporation, hereafter referred to as the applicant, is seeking conditional use approval to 1) add six (6) panel antennas at 50 feet onto an existing silo, and 2) add a 200 sq. ft. concrete pad for equipment cabinets, 850 Hinesburg Road. The applicant is also seeking site plan approval to: 1) add six (6) panel antennas at 50 feet onto an existing silo, and 2) add a 200 sq. ft. concrete pad for equipment cabinets, 850 Hinesburg Road. The Development Review Board held a public hearing on June 18, 2013. Joseph Papa 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 M---•-�- fl--r-� L]---d- ---- -I---� -- ----1 -1----1-- t1-- t-111--------- rcevlew rsudru iirius, c;uru;iuues, dnu uec;iues ine lulluwiriy. FINDINGS OF FACT 1. The applicant is seeking conditional use approval to: 1) add six (6) panel antennas at 50 feet onto existing silo, and 2) add a 200 sq. ft. concrete pad for equipment cabinets, 850 Hinesburg Road. The applicant is also seeking site plan approval to: 1) add six (6) panel antennas at 50 feet onto existing silo, and 2) add a 200 sq. ft. concrete pad for equipment cabinets, 850 Hinesburg Road. 2. The application was received on May 1, 2013. 3. The owner of record of the subject property is WGM Associates. 4. The subject property is located in the Industrial Open Space Zoning District. 5. The plans submitted consist of a nine (9) page set of plans, page one (1) entitled, "NE25XC443 South Burlington Silo 850 Hinesburg Road," prepared by Infinigy 11 Herbert Drive Latham, NY 12210, Inc., dated 1/17/13. 1 CAUsers\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850HinesburgRoad_SprintNextel_ffd.doc #CU-13-02 #S P-13-25 CONDITIONAL USE CRITERIA Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed conditional use shall meet the followina 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 between the 40-50 ft. height level on the exterior of an existing 70 ± foot high silo. The applicant will also install radio equipment cabinets on a new 10' x 20' concrete pad along and install coax cables, an ice bridge, cable tray and utility connects. The applicant states that the facilities will only require one or two maintenance trips per month. The site currently hosts similar equipment with antennas installed inside the silo and an associated small support structure. The Board finds that this project will 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. Pursuant to Section 5.05(A) of the Land Development Regulations, the 10 District is formed to provide suitable locations for high -quality, large lot office, light industrial, and research uses in areas of the City with access to major arterial routes and Burlington International Airport. The Board finds that the proposed placement of antennas and radio equipment cabinets are in compliance with the stated purpose of the 10 District, as it is in an area that is developing with commercial 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 Board finds that 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. While the proposed antennas will be mounted on the exterior of the silo, they will not extend above its top. 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. 2 CAUsers\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850HinesburgRoad_SprintNextel_ffd.doc #CU-13-02 #S P-13-25 (d) Bylaws in effect. The proposal is in keeping with applicable regulations. (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. The proposed addition of antennas will be compatible with the existing structures. (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 plans indicate that the equipment will not protrude above the height of the existing silo. (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. 3 C1Users\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850HinesburgRoad_SprintNextel_ffd.doc #CU-13-02 #SP-13-25 The elevations submitted demonstrate substantial adherence to this criterion. The proposed equipment will be visually compatible with existing structures on site. The applicant is proposing new landscaping with a value of $2630 to screen the newly installed radio equipment on the ground. (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. The proposed project relates harmoniously to the area. There are no proposed changes to the visual appearance of the site. 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. As already stated, pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines 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 The applicant has submitted a detailed landscaping plan to screen the proposed radio equipment cabinets. The applicant is proposing to add $2,630 of new landscaping to screen the ground mounted equipment. 4 CAUsers\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850HinesburgRoad_SprintNextel_ffd.doc #CU-13-02 #S P-13-25 Access/Circulation Access and circulation on the property will remain unchanged through the proposed project. DECISION Motion by Tim Barritt, seconded by Michael Sirotkin, to approve Conditional Use Application #CU-13-02 and Site Plan Application #SP-13-25 of Independent Wireless One Lease Realty Corporation 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. a. The plans shall be revised to show only six (6) additional antennas, not twelve (12). 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 antennas. 6. Prior to permit issuance, the applicant shall post a $2,630 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. 7. Any change to the site plan shall require approval by the South Burlington Development Review Board or the Administrative Officer. Tim Barritt— yea nay abstain not present Mark Behr — yea nay abstain not present Michael Sirotkin — yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller — yea nay abstain not present The application was approved by a vote of 5 — 0 — 0 Signed this 2nd day of July 2013, by Digitally signed by Mark C. Behr cn=Mark C. Behr, o, Mark C. Behrem email=mark@rhbpccom,c=US Date: 2013.07.02 18:54:30-04'00' Mark Behr, Chair 5 C:\Users\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850HinesburgRoad_SprintNextel_ffd.doc #CU-13-02 #SP-13-25 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://vermont*udiciarV.org/GTC/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 6 C:\Users\Mark\Documents\South Burlington DRB\7.2.13 Meeting Decisions\CU- 13_02_and_SP_13_25_850H inesburgRoad_SprintNextel_ffd.doc