HomeMy WebLinkAboutCU-09-04 SP-09-45 - Decision - 0030 Joy Drive#CU-09-04
#SP-09-45
CITY OF SOUTH BURLINGTON
DEPARTMENT OF PLANNING AND ZONING
OMNIPOINT COMMUNICATIONS - 30 JOY DRIVE
CONDITIONAL USE APPLICATION #CU-09-04
SITE PLAN APPLICATION #SP-09-45
FINDINGS OF FACT AND DECISION
Omnipoint Communications LLC, hereafter referred to as the applicant, is seeking
conditional use approval to install three (3) panel antennas mounted 67 feet in height on
existing communications tower including ground mounted equipment, 30 Joy Drive.
The applicant is also seeking site plan approval to amend a previously approved plan to:
1) install three (3) panel antennas on existing communications tower, and 2) install ground
mounted equipment in 12'x12' area, 30 Joy Drive.
The Development Review Board held a public hearing on June 16,2009. Mark Hall,
Esquire 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 install three (3) panel antennas
mounted 67 feet in height on existing communications tower including ground mounted
equipment, 30 Joy Drive.
The applicant is also seeking site plan approval to amend a previously approved plan to:
1) install three (3) panel antennas on existing communications tower, and 2) install ground
mounted equipment in 12'x12' area, 30 Joy Drive.
2. The application was received on May 22, 2009.
3. The owner of record of the subject property is Mt. Mansfield TV, Inc.
4. The subject property is located in the C1-R15 Zoning District.
5. The plans submitted consist of a six (6) page set of plans, page one (1) entitled,
"WCAX 30 Joy Drive South Burlington, VT 05495," (sic) prepared by C&S Engineers,
Inc., stamped received by the City of South Burlington on May 22, 2009.
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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 followinq 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
telecommunications tower, lower than existing equipment on the tower. Visual impact
will be minimized. The ground mounted equipment is in an area with other service
equipment and largely hidden from sight. Therefore, it will not have a significant impact
on the planned 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 5.01(A) of the Land Development Regulations, the Commercial 1
District is formed to encourage the location of general retail and office uses in a manner
that serves or enhances a compact central business area. Other uses that would benefit
from nearby access to a central business area may be permitted if they do not interfere
with accessibility and continuity of the commercial district.
The proposed placement of equipment on the existing tower is in compliance with the
stated purpose of the C1 District, as it is in an area that is densely developed 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.
Staff believes that 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 visual impact will be minimized, and so 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.
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(e) Utilization of renewable energy resources.
The proposal will not adversely 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 location of equipment 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 existing tower is 100 feet in height. The proposed new antennas will be mounted
approximately 67 feet high. Although the height of the tower already has a height waiver,
separate height waivers are required for any additional equipment or structures above 35
feet.
(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 elevation submitted demonstrates substantial adherence to this criterion. The
proposed equipment will be visually compatible with existing structures on site.
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(t) 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.
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 as part of this
application.
(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.
Pursuant to Section 15.13(E) of the Land Development Regulations, any new utility lines,
services, and service modifications 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 6 C,-, 0Q.141 dk , seconded by '1'C►\ l- to
approve Condit onal Use Applica ion #CU-09-04 and Site Plan Application # P-09-45 of
Omnipoint Communications, Inc. subject to the following conditions:
1. All previous approvals and stipulations which are not superseded by this approval
shall remain in effect.
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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 Board grants a height waiver for the proposed equipment of thirty-two (32) feet,
for a mounted height of sixty-seven (67) feet.
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 panel antennas.
6. 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 presen
Matthew Birmi g, —yea/nay/abstain not present
John Dinklage — a/nay/abstai not resent
Roger Farley — y nay/abstain/not present
Eric Knudsen y nay/abstain/not present
Gayle Quimby — e /nay/abstain/not present
Motion carried by a vote of 1- D -&
Signed this day f . 2009, by
EMark Behr, Vice Chairman
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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