Administrative Hearing Staff Report

Transcription

1 Administrative Hearing Staff Report CenturyLink Utility Boxes 685 S. Grand Street Conditional Use PLNPCM Approximately 685 South Grand Street (955 East) Hearing date: October 25, 2012 Planning Division Department of Community & Economic Development Applicant: CenturyLink Corp. Staff: Casey Stewart Tax ID: N/A, public way Current Zone: N/A, public way Master Plan Designation: Adjacent to: Low Density Residential Council District: District 4 Luke Garrott Request CenturyLink, represented by Ralph Vigil, requests approval of a conditional use for proposed private utility structures (DSL internet cabinet) in the public way located at approximately 685 South Grand Street (955 East). Staff recommendation Based on the findings listed in the staff report, it is the Planning Staff s opinion that the project adequately meets the applicable standards for a conditional use and therefore recommends the Hearing Officer approve the application as proposed and subject to the following: 1. The applicant shall ensure all necessary City permits for the project are obtained. 2. The applicant shall put information on the box with a number to call in the event that the boxes are vandalized or otherwise damaged. Community Council: East Central Community Council Esther Hunter/Gary Felt (Co-Chairs) Lot size: N/A Current Use: Public Right-of-Way Applicable Land Use Regulations: 21A Utility Boxes 21A.54 Conditional Uses Attachments: A. Site Plan / Drawings B. Photographs C. City Department Comments PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 1

2 Vicinity Map SITE Background Project Description The applicant, CenturyLink Corporation, is requesting conditional use approval for two (2) utility cabinets designed to enhance the internet service for homes and businesses in the immediate neighborhood. The purpose of the cabinets is to house the mechanical equipment necessary for the service. The cabinets are proposed to be located in the public right-of-way in the park strip between the adjacent lot and the street (Grand Street). The proposed location is in close proximity to an existing cabinet, around the corner, that will work in conjunction with the proposed cabinets. The proximity to the existing service is a key factor related to the proposed location. The zoning ordinance lists various locations for utility cabinets that are permitted. If the placement does not meet one of these standards, conditional use approval is required. Since utiity cabinets placed within the public way are not listed as permitted, this request is being reviewed as a conditional use. Generally, the applicant works with property owners to secure a private easement to place the boxes on their property. In this case, they were not able to secure an easement with any private property owners in the immediate neighborhood, so they are seeking conditional use approval for the cabinets in the public right-of-way. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 2

3 The site is adjacent to private property zoned R-2 (Single and Two-Family Residential) consisting of primarily single and two-family residential. The proposed cabinets will be placed in a park strip that is approximately 20 feet wide. Project Details Equipment Height Width Depth Cooling Pedestal 42 inch 38 inch 14 inch Power Pedestal 58 inch 22 inch 12 inch Public Notice, Meetings, Comments Notice of the public hearing for the proposal included: Public hearing notice mailed on or before October 12, 2012 Public hearing notice posted on or before property October 15, 2012 Public notice posted on City and State websites and Planning Division list serve: October 12, 2012 Public Comments The proposal was presented at an open house held on September 20 th, No comments were received from the public. Comments received after will be provided to the Hearing Officer at the meeting. City Department Comments Comments were received from the following City departments and are included as Attachment D : Public Utilities, Engineering, Transportation, Fire, Police, and Building Services. In general, the departments had no concerns or objections to the proposed development but provided a few specific improvements or modifications required according to their respective area of development oversight. The main concern was maintaining adequate separation from, and access to, existing water lines in the vicinity. Analysis and Findings Approval Standards for Utility Boxes reviewed as Conditional Uses; Section 21A D Conditional use review is required for all ground mounted utility boxes not specifically addressed as permitted uses in the Zoning Ordinance. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria as found in Section 21A D: Standard 1: Location: Utility boxes shall be located and designed to reduce visual and environmental impacts on the surrounding properties. Analysis: The petitioner has chosen a location near existing facilities that they already operate in order to reduce disruption to the public way. The location was specifically selected because it is out of the way from general public view from the 700 South right-of-way and is partially screened by an existing fence. It is in area that is not visually prominent and not adjacent to a sidewalk, which reduces its visual impact on the public view. Finding: Staff finds that the boxes are located to reduce the visual and environmental impacts on surrounding properties. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 3

4 Standard 2: Spacing: Utility boxes shall be spaced in such a manner as to limit the visual and environmental impact of the boxes on neighboring properties. The planning director may limit the number of boxes allowed on a specific site to meet this standard. Analysis: The two cabinets are adequately spaced to limit visual impact while still considering the purpose and service they are intended to provide to the community. Staff found no reasons to limit the number of cabinets at this location. Finding: Staff finds the proposed spacing is adequate. Standard 3: Setbacks: The planning director may modify the setback of the utility box to reduce the visual and environmental impact of the box when viewed from the street or an adjacent property. The setback variation will be a function of the site constraints, the size of the proposed box and the setbacks of adjacent properties and structures. Analysis: The proposed location is satisfactory to reduce visual and environmental impact. The location is adjacent to an existing wood fence and a large tree which partially screens it from general public view. The location is anticipated to have little to no visual impact on the nearest property. Finding: Staff finds that no modification of the setback is necessary to reduce the visual and environmental impact of the boxes. Standard 4: Screening: To the greatest extent possible, utility boxes shall be screened from view of adjacent properties and city rights of way. Utility boxes and their associated screening shall be integral to the design of the primary building on site and address crime prevention through environmental design (CPTED) principles by maintaining solid or opaque screening materials. Analysis: Because the proposed boxes are in the public right-of-way, it is not appropriate that the applicant build some type of barrier or screen to shield the boxes from view. Construction of this type of barrier may constitute a larger visual and environmental impact on the neighborhood than simply leaving them as standalone structures. The existing large, mature tree and wood fence provide adequate screening for the location. No additional screening measures are necessary. Also, per Section 21A E all plants and shrubs in the park strip must be less than 18 inches in height to protect the visual sightlines for cars and pedestrians. To combat the inevitable abuse of the boxes by vandals, staff has included a condition of approval requiring that the boxes be marked with a telephone number to call to have graffiti removed, or have the boxes repaired if they are damaged. Finding: Staff finds that the proposed boxes are properly shielded as conditioned. Standard 5: Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. Analysis: The design of the boxes is similar to many boxes seen throughout the City. They are utilitarian and rather bland. The size of the boxes is standard for this type of facility and needed to provide adequate internet service to the area. CenturyLink has stated that this size is the minimum size necessary to provide the service necessary. When the boxes are installed, individuals have a tendency to notice them, but over time, there existence becomes less noticeable, and they boxes become part of the urban environment. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 4

5 Nevertheless, these boxes, and the service they provide (high speed internet) are an integral part of a modern, walkable neighborhood. High speed internet service enables residents of the neighborhood to work, and shop from their homes, which in turn reduces vehicle traffic and reduces impacts on the environment. Finding: Staff finds that the proposed utility boxes are a design element that characterizes Salt Lake City s streets, neighborhoods. Standard 6: View: The location shall not block views within sight distance angles of sidewalks, driveways and intersections, or hinder pedestrian or vehicular circulation on the site. Analysis: The boxes are proposed approximately 15 feet from the edge of nearest sidewalk, 20 feet from the nearest street, and 40 feet from the nearest street intersection. This application was reviewed for compliance by the Transportation Division, who found that this location raised no sight distance or angle issues. Finding: Staff finds the application meets this standard. Standard 7: Certificate Of Appropriateness: Any ground mounted utility box located within an area subject to section 21A , "H Historic Preservation Overlay District", of this title shall require certificate of appropriateness review and approval with respect to location and screening materials. Analysis: The proposed location is not within a H Historic Preservation Overlay District. Finding: Staff finds that this standard is not applicable. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 5

6 PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 Attachment A Site Plan / Drawings

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13 PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 Attachment B Photographs

14 Looking west toward proposed location for utility cabinets, behind tree. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012

15 PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012 Attachment C City Department comments

16 CITY DEPARTMENT COMMENTS Public Utilities (Justin Stoker): (685 S Grand). The plan shows the approximate location of a nearby water main and fire hydrant. Please maintain 5-ft separation from the nearby water main and fire hydrant. Fire Department may have different separation requirements which also must be met. Engineering (Scott Weiler): No objection. Transportation (Barry Walsh): No impact to required clear sight zone or setback buffer from curb or sidewalk. Fire: (No comments or concerns were provided). Zoning (Larry Butcher): No comments. Police (Michelle Ross): The Police Department has no issues with the project. PLNPCM CenturyLink Utility Box 685 S. Grand St. Published Date: 10/19/2012