The URL can be used to link to this page

Home My WebLink AboutCU-04-14 SP-04-39 - Decision - 0900 0850 0894 0896 0950 Hinesburg RoadCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING & ZONING NYNEX MOBILE LTD PARTNERSHIP - 850 HINESBURG ROAD CONDITIONAL USE APPLICATION #CU-04-13 SITE PLAN APPLICATION #SP-04-39 FINDINGS of FACT & DECISION Nynex Mobile Ltd Partnership 1, d/b/a Verizon Wireless, hereafter referred to as the applicant, is seeking conditional use and site plan approval under Article 14, Site Plan and Conditional Use Review, of the South Burlington Land Development Regulations. Request if for permission to: 1) increase height of silo by 10 feet to 85 feet, 2) install telecommunications towers on silo, 3) install a 12' x 30' equipment shelter, and 4) install a propane tank and pad, 850 Hinesburg Road, The South Burlington Development Review Board held a public hearing on November 9, 2004. Brian Sullivan 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 The applicant is seeking conditional use and site plan approval under Article 14, Site Plan and Conditional Use Review, of the South Burlington Land Development Regulations. Request if for permission to: 1) increase height of silo by 10 feet to 85 feet, 2) install telecommunications towers on silo, 3) install a 12' x 30' equipment shelter, and 4) install a propane tank and pad, 850 Hinesburg Road. 2. The owner of record for the subject property is WGM Associates. 3. The subject property is located in the Industrial & Open Space (10) Zoning District. 4. The plans consist of a four (4) page set of plans page one (1) entitled, "Verizon Wireless Williston 2 South Burlington, Vermont Vermont Route 116 Orthophoto- Vicinity Plan", prepared by Dubois & King, Inc, dated July, 2004. - 1 - Table 1. Dimensional Requirements 10 Zoning District Required Proposed Min. Lot Size 3 acres 435,600 SF Max. Building Coverage 30% 3% �l Max. Overall Coverage 50% 6% �l Min. Front Setback 57 ft. 160 ft. �l Min. Side Setback 35 ft. 205 ft. �l Min. Rear Setback 50 ft. 595 ft. Front Yard Coverage 30% <30% 4 zoning compliance 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 proposed project is consistent with the planned character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is located. The proposed is consistent with the stated purpose of the 10 Zoning District. 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 proposed project 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 project will not have an adverse affect on the character of the neighborhood or zoning district that this property falls within. (c) Traffic on roads and highways in the vicinity. -2- The proposed structures will not have an adverse affect on the traffic patterns in the vicinity. (d) Bylaws in effect. The proposed project is in keeping with applicable regulations. (e) Utilization of renewable energy resources. The proposed project will not affect renewable energy resources. (t) General public health and welfare. The proposed project will not have an adverse affect on general public welfare. Verizon Wireless is obligated by Federal law to comply with the radio frequency emissions levels established by the Federal Communications Commission. Pursuant to Section 3.13(F) of the Land Development Regulations the proposed conditional use shall meet the following standards: The Development Review Board, in granting conditional use approval, may impose conditions of the following: 1. Size and construction of structures, quantities of materials, storage locations, handling of materials, and hours of operations. It is not necessary to impose any of these conditions to the proposed project. 2. Warning systems, fire controls, and other safeguards. It is not necessary to impose any of these conditions to the proposed project. 3. Provision for continuous monitoring and reporting. It is not necessary to impose any of these conditions to the proposed project. 4. Other restrictions as may be necessary to protect public health and safety. It is not necessary to impose any of these conditions to the proposed project. SITE PLAN REVIEW STANDARDS Pursuant to Sections 14.06 and 14.07 of the Land Development Regulations, the proposed conditional use shall meet the following standards: (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. MR! The proposed project has been planned to accomplish a desirable transition from structure to site, from structure to structure, and to provide for adequate planting and safe pedestrian movement. Section 13.18 of the Land Development Regulations requires that the proposed project provide adequate parking spaces for maintenance, service, or other vehicles required for the facility. The applicant has stated that the proposed facility will be visited once or twice per month for routine maintenance, so one (1) additional parking space shall be provided on the subject property. The plans depict an adequate parking area for the proposed structures. (b) Parking shall be located to the rear or sides of buildings to the greatest extent practicable. The parking spaces on the subject property meet this requirement. (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 proposed antenna will be installed on top of an existing 75' high silo and a false silo top will be installed. The silo will be increased by 10' for a total height of 85'. Pursuant to Section 3.07(G) of the Land Development Regulations, the Development Review Board may approve the height of communication antennas and farm silos to exceed the limitations set forth in Section 3.07(B) of the Land Development Regulations subject to conditional use approval. (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 proposed landscaping is adequate to satisfy this requirement. (f7 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 structure will relate harmoniously to existing buildings in the area. (g) 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 easements as part of the proposed project. (h) 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. (i) 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). No dumpsters are depicted on the plans. (j) Landscaping and Screening Requirements Pursuant to Table 13-9 of the Land Development Regulations, the proposed project will require a minimum of $9,549 of landscaping. The applicant is proposing $9,870 of landscaping, which exceeds the minimum requirement. The applicant has submitted an adequate landscape plan. However, the applicant has not submitted a landscape budget prepared by a landscape professional. The City Arborist reviewed the plans and provided comments in a memorandum dated November 3, 2004. (k) Other The applicant has stated that the proposed equipment shelter will be equipped with downshielded entrance lights. However, the applicant has not submitted exterior lighting details (cut -sheets) for the proposed lighting fixtures. The City Engineer reviewed the plans and provided comments in a memorandum dated November 4, 2004. v r R DECISION �J �/ p Motion by LC 004 , seconded by �/I/rAX /✓�! el to approve Conditional Use Apply ation #CU-04-13 and Site Plan Application #SP-04-39 of Nynex Mobile Ltd Partnership 1 d/b/a Verizon Wireless, subject to the following conditions: 1) All previous approvals and stipulations shall remain in full effect, except as amended herein. -5- 2) This project shall be completed as shown on the plat submitted by the applicant, and on file in the South Burlington Department of Planning & 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 landscape plans shall be revised to comply with the requests of the City Arborist, as outlined in his memorandum dated November 3, 2004. b) The plans shall be revised to comply with the requests of the City Engineer, as outlined in his memorandum dated November 4, 2004. 4) The applicant shall comply with the requests of the City Arborist as outlined in his memorandum dated November 3, 2004. 5) The applicant shall comply with the requests of the City Engineer as outlined in his memorandum dated November 4, 2004. 6) Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines, services, and service modifications shall be underground. 7) The applicant shall submit a landscape budget prepared by a landscape professional, prior to site plan approval. 8) The applicant shall post a landscape bond for $9,549, prior to the issuance of the zoning permit. This bond shall remain in effect for three (3) years to assure that the landscaping has taken root and has a good chance of surviving. 9) The applicant shall submit exterior lighting details (cut -sheets) for the proposed lighting fixtures, in compliance with Appendix D of the Land Development Regulations, prior to site plan approval. 10) Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. 11) The applicant shall obtain a Certificate of Occupancy/Compliance from the Administrative Officer prior to use of the newly constructed communications facility. 12) Any change to the site plan shall require approval by the South Burlington Development Review Board. SV Chuck Bolton —Y" Mark Boucher — ye' John Dinklage —fie, Roger Farley — yea/ Michele Kupersmith Larry Kupferman — Gayle Quimby — iay/abstain/not present iay/abstain/not present nay/abstain/ resent a / bstai not prese Cy e nay/abstai of present ,a nay/abstain of resent nay/abstain/not present Motion carried by a vote of 5-- l%- d C- Signed this day of November, 2004 by r L-::: John Dinklage, Chair IZ Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 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). 7-