HomeMy WebLinkAboutCU-08-07 SP-08-113 - Decision - 0900 0850 0894 0896 0950 Hinesburg Road#Cu-08-07
#SP-08-113
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
OMNIPOINT COMMUNICATIONS — 900 HINESBURG ROAD
CONDITIONAL USE APPLICATION #CU-08-07
SITE PLAN APPLICATION #SP-08-113
FINDINGS OF FACT AND DECISION
Omnipoint Communications, hereafter referred to as the applicant, is seeking conditional
use approval to install telecommunications equipment consisting of: 1) six (6) panel
antennas to be attached to an existing silo structure, and 2) a 15' x 15' equipment area
for general mounted cabinets, 900 Hinesburg Road.
Omnipoint Communications is also seeking site plan approval to install
telecommunications equipment consisting of: 1) six (6) panel antennas to be attached to
an existing silo structure, and 2) a 15' x 15' equipment area for general mounted
cabinets, 900 Hinesburg Road.
The Development Review Board held a public hearing on Tuesday, December 16, 2008.
Peter Katz 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 and site plan approval to install
telecommunications equipment consisting of: 1) six (6) panel antennas to be
attached to an existing silo structure, and 2) a 15' x 15' equipment area for
general mounted cabinets, 900 Hinesburg Road.
2. The owner of record of the subject property is Keith Wright.
3. The application was received on November 20, 2008.
4. The subject property is located in the Industrial & Open Space (10) Zoning
District.
5. The plans submitted consist of a three (3) page set of plans, page one (1)
entitled, "Hinesburg Road Silo 900 Hinesburg Road S. Burlington, VT 05407",
prepared by Omnipoint Communications, Inc., dated 9/9/08.
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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 locate telecommunications equipment on an existing 88 foot high silo.
The proposed additions will include six panel antenna, coaxial cable, and an equipment
area and will not protrude any higher than the existing silo. The applicant states that the
facilities will only require one or two maintenance trips per month. Therefore, it 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 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 proposed placement of equipment on 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 proposed additions will not protrude above the peak of the rooftop and is
proposed to blend in with 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.
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(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 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.
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The elevations submitted demonstrate substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
(� 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 as evidenced by renderings which
simulate the proposed antennas from multiple viewpoints.
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.
It has already been stated that 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.
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DECISION
Motion by #6 .,seconded by 66 - L4-
to
approve Conditi nal Use Applic tion #CU-08-07 and Site Plan Appl-113
of Omnipoint Communications, 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. Pursuant to Section 15.13(E) of the Land Development Regulations, any new
utility lines, services, and service modifications shall be underground.
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 the use of the new antennas.
6. Any change to the site plan shall require approval by the South Burlington
Development Review Board or the Administrative Officer.
Mark Behr — e�/nay/abs in/not present
Matthew Birmingham
er — /nay/abstain/not present
John Dinklage —enay/abstain/not
nay/abstain/not present
Roger Farley — present
Eric Knudsen —ay/abstain/not present
Peter Plumeau — y /nay/abstain/ of presP
Gayle Quimby —(yea ay/abstain/not present
Motion carried by a vote of 6, - C) - 0
Signed this t (0 day of 2008, by
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John Dinklage, Chair
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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