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HomeMy WebLinkAboutCU-14-01 SP-14-04 - Decision - 0030 Joy DriveCITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING AND ZONING MOUNT MANSFIELD, TELEVISION, INC. — 30 JOY DRIVE CONDITIONAL USE & SITE PLAN APPLICATION #CU-14-01 & SP-14-04 FINDINGS OF FACT AND DECISION Conditional use application #CU-14-01 & site plan review application #SP-14-04 of Mt. Mansfield Television, Inc. to amend a previously approved plan for a television studio. The amendment consists of relocating an eight (8) foot diameter microwave dish (antenna) from the roof of the building to an existing monopole tower at 65 feet in height, 30 Joy Drive. The Development Review Board held a public hearing on March 4, 2014. John Steele represented the applicant. Based on the plans and materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS OF FACT 1. Applicant Mt. Mansfield Television, Inc. seeks conditional use and site plan approvals to amend a previously approved plan for a television studio. The amendment consists of relocating an eight (8) foot diameter microwave dish (antenna) from the roof of the building to an existing monopole tower at 65 feet in height, 30 Joy Drive. 2. The owner of record of the subject property is Mount Mansfield Television, Inc. 3. The application was received on February 3, 2014. 4. The subject property is located in the Commercial —1 Residential —15 Zoning District. 5. The plan submitted is entitled, "Site Plan Antenna Relocation", prepared by D&K/JAS, dated Jan 22, 2014. 6. The DRB held a public hearing on March 4, 2014 7. The project involves moving an existing 8' diameter dish antenna from its existing location on the roof of the building, 40' high off the ground, to a new location 65' high on the existing monopole tower adjacent to the building. Other site plan changes necessitated by this application include installing a bicycle rack, screening dumpsters, and showing snow storage areas on the plan. 8. Zoning District & Dimensional Requirements CITY OF SOUTH BURLINGTON 2 DEVELOPMENT REVIEW BOARD CU 14 01 30JoyDrive conduse siteplan moveantennadish.doc DEPARTMENT OF PLANNING & ZONING C-1, R-15 Zoning District Required Proposed Residential Density N/A N/A Max. Building Coverage 40% 9.8 %- NO CHANGE Max. Overall Coverage 70% 36 %- NO CHANGE Min. Front Setback (Eastwood Drive) 30 ft. NO CHANGE Min. Front Setback (Joy Drive) 30 ft. NO CHANGE Min. Side Setback 10 ft. NO CHANGE Min. Rear Setback 30 ft. NO CHANGE. * Max Building Height and Max. Stories 35 ft. / 4 stories RELATES TO DISH ANTENNA ONLY ✓zoning compliance *Needs review/approval to be placed >35' in height on existing monopole tower 14.06 General Review Standards The following general criteria and standards shall be used by the Development Review Board in reviewing applications for site plan approval. They are intended to provide a framework within which the designer of the site development is free to exercise creativity, invention, and innovation while improving the visual appearance of the City of South Burlington. The Development Review Board shall not specify or favor any particular architectural style or design or assist in the design of any of the buildings submitted for approval. The Development Review Board shall restrict itself to a reasonable, professional review, and, except as otherwise provided in the following subsections, the applicant shall retain full responsibility for design. A. Relationship of Proposed Development to the City of South Burlington Comprehensive Plan. Due attention by the applicant should be given to the goals and objectives and the stated land use policies for the City of South Burlington as set forth in the Comprehensive Plan. B. Relationship of Proposed Structures to the Site. (1) 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. Already existing; no changes proposed. The Board finds this criterion satisfied. (2) Parking: (a) Parking shall be located to the rear or sides of buildings. Any side of a building facing a public street shall be considered a front side of a building for the purposes of this subsection. Already existing; no changes proposed. The Board finds this criterion satisfied. (3) 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 anticipated adjoining buildings. (4) Newly installed utility services and service modifications necessitated by exterior alterations or building expansion shall, to the extent feasible, be underground. CITY OF SOUTH BURLINGTON 3 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 14 01 30JoyDrive conduse siteplan moveantennadish.doc This dish antenna, by functional definition, cannot be placed underground. The Board finds this criterion satisfied. C. Relationship of Structures and Site to Adjoining Area. (1) The Development Review Board shall encourage the use of a combination of common materials and architectural characteristics (e.g., rhythm, color, texture, form or detailing), landscaping, buffers, screens and visual interruptions to create attractive transitions between buildings of different architectural styles. (2) 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. Already existing; no changes proposed. The Board finds this criterion satisfied. 14.07 Specific Review Standards A. Access to Abutting Properties. 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 or collector street, to provide additional access for emergency or other purposes, or to improve general access and circulation in the area. No changes proposed. The Board finds this criterion satisfied. B. Utility Services. Electric, telephone and other wire -served utility lines and service connections shall be underground insofar as feasible and subject to state public utilities regulations. Any utility installations remaining above ground shall be located so as to have a harmonious relation to neighboring properties and to the site. Already covered above. The Board finds this criterion satisfied. C. Disposal of Wastes. 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). Small receptacles intended for use by households or the public (ie, non-dumpster, non -large drum) shall not be required to be fenced or screened. Dumpster enclosure will be fully enclosed; this is shown on the site plan. The Board finds this criterion satisfied. D. Landscaping and Screening Requirements. See Article 13, Section 13.06 Landscaping, Screening, and Street Trees. Already existing; no changes proposed. No additional landscaping or screening will work or can help with regard to the dish antenna, which must be located higher than the surrounding trees. The Board finds this criterion satisfied. E. Modification of Standards. Where the limitations of a site may cause unusual hardship in complying with any of the standards above and waiver therefrom will not endanger the public health, CITY OF SOUTH BURLINGTON 4 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 14 01 30JoyDrive conduse siteplan moveantennadish.doc safety or welfare, the Development Review Board may modify such standards as long as the general objectives of Article 14 and the City's Comprehensive Plan are met. However, with the exception of side yard setbacks in the Central District 1, in no case shall the DRB permit the location of a new structure less than five (5) feet from any property boundary and in no case shall be the DRB allow land development creating a total site coverage exceeding the allowable limit for the applicable zoning district in the case of new development, or increasing the coverage on sites where the pre-existing condition exceeds the applicable limit. The essence of this case here, and in conditional use review, relates to modifying the height standard to allow the dish antenna to be mounted on the tower higher than the otherwise applicable 35' limit. In addition, the site plan has been updated to illustrate provision for two other required elements: a bicycle rack, and snow storage areas for the parking lot(s). The Board finds this criterion satisfied. Sections 3.06 and 3.07 describe opportunities and constraints for setbacks and heights of accessory structures. 3.07 (D) (2) (a) states that, "The Development Review Board may approve a structure with a height in excess of the limitations set forth in Table C-2. For each foot of additional height, all front and rear setbacks shall be increased by one (1) foot and all side yard setbacks shall be increased by one half (112) foot". E. Accessory Structures in All Districts: (1) Accessory structures shall not exceed fifteen (15) feet in height, except that: (a) For industrial uses in non-residential districts, height standards for principal structures shall apply for accessory structures; and, (b) For residential uses, accessory structures up to twenty-five (25) feet in height shall be permitted where the structure is located at least thirty (30) feet from all property lines, the structure has a pitched roof, and the lot on which the structure is proposed is at least one (1) acre in size; and, (c) Accessory structures exceeding the height of the principal structure on the property shall require approval by the Development Review Board as a conditional use, purSUant to Article 14, Conditional Use Review. The applicant shall demonstrate to the Board that the accessory structure will be clearly secondary to the principal structure in function and in appearance from the public right-of- way The Board finds this criterion satisfied. 14.10 Conditional Use Review: General Provisions and Standards E. General Review Standards. The Development Review Board shall review the proposed conditional use for compliance with all applicable standards as contained in these regulations. The proposed conditional use shall not result in an undue adverse effect on any of the following: (1) The capacity of existing or planned community facilities. Moving this dish antenna from the roof of the main building to the existing monopole tower on the property will have no effect upon this criterion. The Board finds this criterion satisfied. (2) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan. r r CITY OF SOUTH BURLINGTON 5 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 14 01 30JoyDrive conduse siteplan moveantennadish.doc Moving this dish antenna from the roof of the main building to the existing monopole tower on the property will have no effect upon this criterion. The property is already developed with buildings and an array of large dish antennas. Moving this dish from an existing roof mounted tower to the existing free standing tower will not have an adverse effect upon the character of the area. A site plan, photo simulation, and architectural elevations have been submitted to illustrate this proposal, but do not really show its true visibility from the Interstate. As also noted in the application, "The proposed antenna relocation project is minor in nature but vital to maintaining WCAX's sole microwave radio link to its Mount Mansfield transmitter site. The May 1, 2014 completion date is essential to maintaining this link and a clear line of sight above the intervening forest canopy. This antenna relocation project was previously approved by South Burlington Planning & Zoning on September 9, 1997, but construction was deferred to present." The Board finds this criterion satisfied. 3) Traffic on roads and highways in the vicinity. Moving this dish antenna from the roof of the main building to the existing monopole tower on the property will have no effect upon this criterion. The Board finds this criterion satisfied. (4) Bylaws and ordinances then in effect. Moving this dish antenna from the roof of the main building to the existing monopole tower on the property will have no effect upon this criterion. The Board finds this criterion satisfied. (5) Utilization of renewable energy resources. Moving this dish antenna from the roof of the main building to the existing monopole tower on the property will have no effect upon this criterion. The Board finds this criterion satisfied. F. Expiration of Conditional Use Permits. A conditional use permit shall be deemed to authorize only one (1) specific conditional use on a subject property and shall expire if the conditional use shall cease for more than six (6) months for any reason, unless an umbrella approval has been granted. According to the applicant, this same project was approved by the City back in 1997, but was never actually implemented. That prior approval has clearly expired; thus, this new application. The Board finds this criterion satisfied. 14.11 Conditional Use Review: Specific Uses and Standards N/A; these are specific to particular uses (parking garages, group homes, convenience stores, etc. DECISION Motion by Bill Miller, seconded by Jennifer Smith to approve applications #CU-14-01 and# SP-14-04 of Mount Mansfield Television, Inc. subject to the following stipulations: 1. All previous approvals and stipulations shall remain in full effect except as amended herein. 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. CITY OF SOUTH BURLINGTON 6 DEPARTMENT OF DEVELOPMENT REVIEW BOARD PLANNING & ZONING CU 14 01 30JoyDrive conduse siteplan moveantennadish.doc 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. 4. The applicant shall obtain a Certificate of Occupancy from the Administrative Officer prior to the use of the relocated antenna. Tim Barritt— yea nay abstain not present Mark Behr— yea nay abstain not present Art Klugo — yea nay abstain not present Bill Miller— yea nay abstain not present David Parsons vea nay abstain not present Jennifer Smith — yea nay abstain not present Motion carried by a vote of 6 — 0 — 0 Signed this `� day of c/ 2014, by Tim Barritt, Chairman 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://vermontiudiciary.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 the regional Permit Specialist.