HomeMy WebLinkAboutCU-10-03 SP-10-15 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#CU-10-03
#SP-10-15
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
VERIZON WIRELESS- 850 HINESBURG ROAD
CONDITIONAL USE APPLICATION #CU-10-03
SITE PLAN APPLICATION #SP-10-15
FINDINGS OF FACT AND DECISION
Verizon Wireless, hereafter referred to as the applicant, is seeking conditional use
approval to: 1) replace six (6) of the 12 existing antennas and 2) add three (3) 700 MHz
antennas, 850 Hinesburg Road.
Verizon Wireless is also seeking site plan approval to: 1) replace six (6) of the 12
existing antennas and 2) add three (3) 700 MHz antennas, all within the Stealth silo
extension not to exceed 85 feet in height, 850 Hinesburg Road.
The Development Review Board held a public hearing on March 2, 2010. Arthur Dreher
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: 1) replace six (6) of the 12
existing antennas and 2) add three (3) 700 MHz antennas, 850 Hinesburg Road.
The applicant is also seeking site plan approval to: 1) replace six (6) of the 12 existing
antennas and 2) add three (3) 700 MHz antennas, all within the Stealth silo extension
not to exceed 85 feet in height, 850 Hinesburg Road.
2. The application was received on February 8, 2010.
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 five (5) page set of plans, page one (1) entitled,
"Verizon Wireless Williston 2 South Burlington, Vermont Vermont Route 116 Overall Site
Plan," prepared by Dubois and King, Inc., dated July 2004.
CONDITIONAL USE CRITERIA
Pursuant to Section 14.10(E) of the Land Development Regulations, the proposed
conditional use shall meet the following standards:
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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 within an existing 88 foot high
silo. The proposed additions will not be visible. The applicant states that the facilities will
only require one or two maintenance trips per month. Therefore, the Board does not feel
it will 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 Commercial 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 feels the proposed placement of equipment within the existing silo is 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 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. The Board notes that the proposed additions will not be visible and will be
within the existing silo. 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.
(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.
(fJ 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.
SITE PLAN REVIEW STANDARDS
Section 14.06 of the South Burlington Land Development Regulations establishes the
followina aeneral 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 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 applicant has stated 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.
The elevations submitted demonstrate substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
(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.
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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
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.
DECISION
Motion by �O, �KLL' f -'(��� seconded by ��`' , to
approve Condi onal Use Appli ation #CU-10-03 and Site Plan Application SP-10-15 of
Verizon 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 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.
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4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer
prior to use of the antennas.
5. 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 s
Matthew Birmin am —yea/nay/abstain of present
John Dinklage ay/abstain/not present
Roger Farley — nay/abstain/not present
Eric Knudsen fe7aFnay/abstain/not
nay/abstain/not present
Gayle Quimb, /nay/abstain/not present
Bill Stuono — present
Motion carried by a vote of - 0
Signed this;?, day of 2010, by
John Dinklage, Chairma
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 $250.00. 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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