Request. Recommendation

Size: px
Start display at page:

Download "Request. Recommendation"

Transcription

1 Administrative Hearing Staff Report CLEARWIRE CONDITIONAL USE Uintah School Rooftop Antenna PLNPCM East 1300 South Hearing date: May 27, 2010 Planning Division Department of Community & Economic Development Applicant Clearwire, LLC (Noah Grodzin, representative) Staff Ray Milliner (801) Tax ID Current zone PL Public Lands Lot size 5 acres Master plan designation East Bench Master Plan: Institutional Council District District 6 J. T. Martin Community Council Yalecrest Lisette Gibson, Chair Request Request for a conditional use to install wireless communication equipment on the existing elementary school located at 1571 East 1300 South. The equipment consists of four (4) non-penetrating antenna sleds with panel antennas, and microwave antennas attached, all on the roof of the school; and one (1) equipment cabinet on the ground in a fenced enclosure. 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 provide sufficient evidence, as determined by the Planning Director, that the proposed equipment cabinet and associated hardware will generate no net increase in noise levels at the north property line. 2. The applicant shall obtain all necessary building permits for the utility structures prior to installation Current use Elementary School Applicable land use regulations Chapter 21A Antennas Chapter 21A.54 Conditional Uses Notification Notice mailed May 13, 2010 Sign posted May 13, 2010 Posted to Planning Dept and Utah State Public Meeting websites May 13, Attachments A. Site drawings B. Photographs C. City Department Comments PLNPCM Clearwire Conditional Use Uintah School - 1 -

2 VICINITY MAP 1571 East 1300 South Background Project Description The request is for conditional use approval to install wireless communication equipment on the roof of the existing public school building at 1571 East 1300 South. The equipment consists of four (4) non-penetrating antenna sleds with panel antennas and microwave antennas attached, all on the roof of the school; and one (1) equipment cabinet on the ground in a fenced enclosure. The antennas will be located on the main roof level setback at least fifteen (15) feet from the edge of the building. All of the proposed equipment will be painted a similar color as the existing building as required by city ordinance. The attached drawings show the proposed equipment (Exhibit A). The proposed antennas will extend approximately twelve (12) feet above the roof line, which is approximately 33 feet in height. PLNPCM Clearwire Conditional Use Uintah School - 2 -

3 Public Participation Public Comments Staff received written comments from an adjacent property owner, Mike Skolnick, who is impacted by the noise produced by the cycling on and off of the existing equipment cabinet near his backyard. He fears the additional equipment cabinet will add to the noise. The applicant is aware of the concern and has provided information that the proposed equipment cabinet will have a small air conditioning unit to cool the cabinet interior however the a/c unit is very quiet. The applicant suggested the existing cabinets, which are operated by a different wireless provider, are older and probably use a/c units that don t have sound baffles on them. The applicant suggests the property owner contact the owner of the cabinets and work with them on installing sound baffles to reduce the noise. Staff conducted an open house for this project on December 17, 2009 and received no objections, concerns, or comments from citizens or the local community council. One person attended the open house. City Department Comments Comments were solicited from the following City departments: Fire and Building Services. 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 C 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 East Bench Master Plan is silent on matters related to wireless telecommunication equipment. The public school building where the equipment is proposed to be located is a land use that is consistent with the East Bench Master Plan. Wireless telecommunication facilities that are mounted to the roof are allowed in the PL zone (Public Lands) through the conditional use process. PLNPCM Clearwire Conditional Use Uintah School - 3 -

4 Finding: The project is not in conflict with the East Bench Master Plan and telecommunications equipment is allowed as a conditional use in the PL zone. 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; 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 on a large parcel of land (5 acres) within an area dominated by residential uses. The visual impacts of the additional antennas will be reduced by locating the structures away from the edge of the building and painting them to match the building s color. 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 the visual impact is reduced by screening or painting to match the building. Other wireless communication equipment already exists at this same site and, as mentioned by an adjacent property owner, the existing equipment produces noise from the air conditioning units. Based on statements from the applicant, the additional equipment cabinet proposed with this conditional use will have sound mitigation measures in place. Staff is unclear about the amount of noise increase the proposed cabinet may cause and if this would constitute a detrimental impact. Therefore, staff recommends that any approval of this conditional use include a provision stipulating no net increase of sound levels at the north property line, otherwise a detrimental concentration of similar uses could occur. Finding: With a condition of approval stipulating no net increase in noise levels at the north property line, the project satisfies this standard. Staff finds that the proposed use can be compatible with the residential uses in the area and in harmony with the general purposes and intent of this Title. PLNPCM Clearwire Conditional Use Uintah School - 4 -

5 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 away from the roof s edge. This location reduces visual impact. Access to the equipment will occur infrequently for maintenance thereby eliminating impact to adjacent properties. The size and location of the equipment is compatible with the existing building. Again, limiting the project to no net increase of noise levels, as discussed in the prior standard, will mitigate the impact of an additional equipment cabinet. Finding: The project satisfies this standard. 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: With the recommended conditions of approval, 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. 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: PLNPCM Clearwire Conditional Use Uintah School - 5 -

6 a. Compatibility 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 painted to match the existing building, and placed on the building away from the edge, thereby reducing visual impacts of the structures. These mitigation measures achieve compatibility with surrounding buildings. This project involves collocation, thereby eliminating impacts to additional properties in the areas. This project satisfies the additional requirements of Section 21A E.7. Finding: The project satisfies the additional requirements for antennas. PLNPCM Clearwire Conditional Use Uintah School - 6 -

7 PLNPCM Clearwire Conditional Use Uintah School Attachment A Site / Building drawings

8 PLNPCM Clearwire Conditional Use Uintah School

9 PLNPCM Clearwire Conditional Use Uintah School

10 PLNPCM Clearwire Conditional Use Uintah School

11 PLNPCM Clearwire Conditional Use Uintah School

12 PLNPCM Clearwire Conditional Use Uintah School Attachment B Photographs

13 From 1300 South looking NE at school From 1300 South looking NW at school PLNPCM Clearwire Conditional Use Uintah School

14 Looking W at existing electrical cabinets Looking W at electrical cabinets on the left, and electrical equipment outbuilding on the right PLNPCM Clearwire Conditional Use Uintah School

15 PLNPCM Clearwire Conditional Use Uintah School Attachment C City Department comments

16 Fire (Ted Itchon): No comments Building & Zoning (Alan Hardman): - Drawings must comply with 21A Illustration H, Roof Mounted Antennas. Plans appear to meet the requirements. - The building permit may require structural review. PLNPCM Clearwire Conditional Use Uintah School