Administrative Hearing Staff Report. CLEARWIRE XEROX BUILDING CONDITIONAL USE PLNPCM East 500 South Hearing date: November 12, 2009

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Administrative Hearing Staff Report CLEARWIRE XEROX BUILDING CONDITIONAL USE PLNPCM2009-01023 675 East 500 South Hearing date: November 12, 2009 Planning Division Department of Community & Economic

1 Administrative Hearing Staff Report CLEARWIRE XEROX BUILDING CONDITIONAL USE PLNPCM East 500 South Hearing date: November 12, 2009 Planning Division Department of Community & Economic Development Applicant Clearwire, LLC (Noah Grodzin, representive) Staff Casey Stewart Tax ID Current Zone CS - (Community Shopping District) Master Plan Designation Central City Master Plan: High Density Transit Oriented Development Request Request for a conditional use to install wireless communication equipment on the Xerox/Utah Public Lands Trust building located at 675 East 500 South. The equipment consists of three panel antennas, three microwave dishes, three remote radio units, one gps antenna, and one equipment cabinet on top of the building. Recommendation Staff has determined the request adequately achieves the applicable standards and recommends the Administrative Hearing Officer approve the conditional use subject to certain conditions listed below: 1. The applicant shall obtain all necessary building permits for the utility structures prior to installation. Council District District 4 Luke Garrott Current Use Office Applicable Land Use Regulations Chapter 21A Antennas Chapter 21A.54 Conditional Uses Notification Notice mailed October 28, 2009 Sign posted November 2, 2009 Posted to Planning Dept and Utah State Public Meeting websites October 28, Attachments A. Site drawings B. Photographs C. City Department Comments PLNPCM Clearwire Xerox Conditional Use Published Date: 11/6/

VICINITY MAP 675 East 500 South Background Project Description The request is for conditional use approval to install wireless communication equipment on the roof of the existing Xerox/Utah State

2 VICINITY MAP 675 East 500 South Background Project Description The request is for conditional use approval to install wireless communication equipment on the roof of the existing Xerox/Utah State Trust Lands building at 675 East 500 South. The equipment consists of three panel antennas, three microwave dishes, three remote radio units, one gps antenna, and one equipment cabinet on top of the building. The antennas, dishes, and radio units will all be collocated within an existing stealth structure on top of the penthouse and will not be visible. The equipments cabinet will be located on the main roof level among existing HVAC structures and will not be visible from ground level. The attached drawings show the proposed equipment (Exhibit A). The project is located within the Central City Historic District and will require a Certificate of Appropriateness prior to obtaining any building permits. The Certificate of Appropriateness for this project has a separate project number PLNHLC PLNPCM Clearwire Xerox Conditional Use Published Date: 11/6/

3 Public Participation Public Comments Staff conducted an open house for this project on October 15, 2009 and received no objections, concerns, or comments from citizens or the local community council. Nobody attended the open house. City Department Comments Comments were solicited from the following City departments: Fire and Building Services. The applicant revised the original proposal to comply with screening standards outlined by Ken Brown of Building Services. In general, the departments that provided comments had no objections to the conditional use but provided specific improvements or modifications required according to their respective area of development oversight. Those requirements are listed as conditions of approval and can be found in Attachment D of this report. Analysis and Findings If the Administrative Hearing Officer chooses to approve the conditional use petition, the applicant will then be able to move forward with the proposed project. If the Officer chooses to deny the petition, the applicant may request the matter be reviewed by the Planning Commission. Standards for Conditional Uses; Section 21A A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. In order to identify and evaluate the detrimental effects and the need for and/or adequacy of mitigating conditions, the Administrative Hearing Officer shall review and consider the following: 1. Master Plan and Code Compliance: The proposed development is supported by the general policies of the City Wide, Community, and Small Area Master plan text and the future land use map policies governing the site; a. The proposed development is one of the conditional uses specifically listed in this title; and b. The proposed development is supported by the general purposes and intent of the zoning ordinance including the purpose statement of the zoning district. Analysis: The Central Community Master Plan is silent on matters related to wireless telecommunication equipment. The commercial building where the equipment is proposed to be located is a land use that is consistent with the Central Community Master Plan. Wireless telecommunication facilities are allowed in the CS zone (Community Shopping District) through the conditional use process. Finding: The project is not in conflict with the Central Community Master Plan. 2. Use Compatibility: The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods, and other existing development. In determining compatibility, the Planning Commission may consider the following: a. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not materially degrade the service level on the adjacent streets; PLNPCM Clearwire Xerox Conditional Use Published Date: 11/6/

4 b. The type of use and its location does not create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected with the development of a permitted use. In determining unusual patterns, the Planning Commission shall consider: i) The orientation of driveways and if they direct traffic to the major streets or local streets, and, if directed to the local streets, the impacts to the safety, purpose, and character of the local streets; ii) Parking locations and size, and if parking plans encourage street side parking to the proposed use which impacts the adjacent land uses; iii) Hours of peak land use when traffic to the proposed use would be greatest and that such times and peaks would not impact the ability of the surrounding uses to enjoy the use of their properties; and iv) The hours of operation of the proposed use when compared with the hours of activity/operation of the surrounding uses and the potential of such hours of operation do not create noise, height, or other nuisances not acceptable to the enjoyment of existing surrounding uses or common to the surrounding uses. c. The internal circulation system of the proposed development is properly designed for motorized, non-motorized and pedestrian traffic, and mitigates impacts on adjacent properties; d. Existing or proposed utility and public services are adequate for the proposed development and are designed in a manner that will not have an adverse impact on adjacent land uses or resources; and e. Appropriate buffering such as landscaping, setbacks, and building location, is provided to protect adjacent land uses from light, noise and visual impacts. f. Detrimental concentration of existing non-conforming or conditional uses substantially similar to the use proposed. The analysis is based on an inventory of uses within a quarter mile radius of the subject property. Analysis: The proposed wireless equipment is within an area dominated by commercial uses and will have no impact on adjacent uses since it is located on the roof and screened from view. Applicable City departments have reviewed the project and determined that the use and layout of the site are acceptable. The nature of roof top wireless communication facilities is minimal in any impacts, particularly when they are effectively screened from view. Although other wireless communication equipment may be within one quarter mile of this site, the concentration of such is not determined detrimental. Finding: The project satisfies this standard. Staff finds that the proposed use is compatible with the commercial uses in the area and in harmony with the general purposes and intent of this Title. 3. Design Compatibility: The proposed conditional use is compatible with: a. The character of the area with respect to: site design and location of parking lots, access ways, and delivery areas; impact on adjacent uses through loss of privacy, objectionable views of large parking or storage areas; or views and sounds of loading and unloading areas; b. Operating and delivery hours are compatible with adjacent land uses; and c. The proposed design is compatible with the intensity, size, and scale for the type of use, and with the surrounding uses. Analysis: The structures will be located on the roof of the existing office building. This location is screened from public view on the ground. Access to the equipment is gained from within the building and will occur infrequently for maintenance thereby eliminating impact to adjacent properties. The size and location of the equipment is compatible with the existing building. A separate Certificate of Appropriateness was approved for this project due to its location within the Historic Overlay District (see planning file PLNHLC ). PLNPCM Clearwire Xerox Conditional Use Published Date: 11/6/

5 Finding: The project satisfies this standard. The proposed design and location of the equipment is screened from public view thereby eliminating any adverse impacts to adjacent uses. 4. Detriment to Persons or Property: The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety, and general welfare of persons, nor be injurious to property and improvements in the community, existing surrounding uses, buildings, and structures. The applicant shall demonstrate that the proposed use: A. Does not lead to deterioration of the environment by emitting pollutants into the ground or air that cause detrimental effects to the property or to neighboring properties; B. Does not introduce hazards or potentials for damage to neighboring properties that cannot be mitigated; and C. Is in keeping with the type of existing uses surrounding the property, and that as proposed the development will improve the character of the area by encouraging reinvestment and upgrading of surrounding properties. Analysis: No deterioration of the environment will occur as a result of this application. The structures do not emit any harmful or hazardous pollutants into the ground or air that will not be mitigated through the building permit process and federal communications regulations. Finding: The project satisfies this standard. The project will not result in detriment to persons or property. 5. Compliance with Other Applicable Regulations: The proposed development complies with all other applicable codes and ordinances. Analysis: Approval of this application is based on compliance with all applicable City building permits and codes prior to installation. The project meets the standards for the Historic Overlay District and received a separate Certificate of Appropriateness. Finding: Staff finds the proposed conditional use must comply with all other applicable codes and ordinances. Additional Conditional Use Requirements [for Antennas]; Section 21A E.7 In addition to conditional use standards outlined in chapter 21A.54 (above) of the zoning ordinance, the following shall be considered by the planning commission: a. Compatiblity of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether collocation of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, etc., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography, and buildings to obtain the best visual screening; d. Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties. Analysis: The proposed wireless antennas and equipment will be screened from public view, thereby achieving compatibility with surrounding buildings. This project involves collocation with other antennas on the roof. This project satisfies the additional requirements of Section 21A E.7. Finding: The project satisfies the additional requirements for antennas. PLNPCM Clearwire Xerox Conditional Use Published Date: 11/6/

6 PLNPCM Clearwire Xerox Conditional Use Attachment A Site / Building drawings

11 PLNPCM Clearwire Xerox Conditional Use Attachment B Photographs

12 PLNPCM Clearwire Xerox Conditional Use

13 PLNPCM Clearwire Xerox Conditional Use Attachment C City Department comments

14 Fire (Ted Itchon): No comments Building & Zoning (Ken Brown): - Antennas and antenna support structures are to be enclosed by a structure that creates a visual screen and that screening is to be constructed and/or colored to match the structure to which they are attached. (Applicant revised original plans to comply with this requirement.) - The height of the antennas above the roofline is to be documented for each of the proposed antennas to clarify what height is being proposed. (Applicant revised original plans to comply with this requirement.) - Documentation of the total area for all wall and roof mounted antennas and supporting structures combined for the building pursuant to 21A E5 and not exceeding forty (40) square feet for each exterior wall of the building or a total of one hundred sixty (160) square feet per building. (Applicant revised plans to comply with this requirement.) PLNPCM Clearwire Xerox Conditional Use

Request. Recommendation

Request. Recommendation Administrative Hearing Staff Report CLEARWIRE CONDITIONAL USE Uintah School Rooftop Antenna PLNPCM2010-00193 1571 East 1300 South Hearing date: May 27, 2010 Planning Division Department of Community &