MOTION SHEET SEE NEXT PAGE FOR MOTION #3

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1 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Nick Tarbet, Analyst DATE: RE: March 24, :00 p.m. Ground Mounted Utility Boxes PLNPCM Council Sponsor: N/A Land Use Petition from the Mayor MOTION 1 (adopt) I move the Council adopt an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM MOTION 2 (reject) I move the Council reject an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM SEE NEXT PAGE FOR MOTION #3 CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX , SALT LAKE CITY, UTAH TEL FAX LUKE GARROTT DISTRICT 4 COUNCIL CHAIR JAMES ROGERS DISTRICT 1 COUNCIL VICE CHAIR KYLE LAMALFA DISTRICT 2 STAN PENFOLD DISTRICT 3 ERIN MENDENHALL DISTRICT 5 CHARLIE LUKE DISTRICT 6 LISA R. ADAMS DISTRICT 7

2 MOTION 3 (continuing some sections for further consideration) I move the Council adopt an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM and the following amendments: Require utility boxes to be within 15 degrees of being level; and, Exclude the annual inspection and reporting requirement until the Council has discussed this item further 1. I further move the Council continue to study certain elements of this petition and consider possible amendments pertaining to ground mounted utility boxes in order to allow more time to solicit public input on the Council s proposals including: Considerations for potential clarifications to the special exception standards of review for ground mounted utility boxes Considerations for incentivizing smaller boxes Post-installation obligations including, requirements for annual inspection / inventory of ground mounted utility boxes Consider requiring a permit to be renewed within a certain about of time to be determined Consider requiring a notice be sent to adjacent property owners, when a utility box is being located on private property Other related provisions of title 21A

3 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Nick Tarbet, Analyst DATE: March 24, 2015 RE: Ground Mounted Utility Boxes PLNPCM Council Sponsor: N/A Land Use Petition from the Mayor MOTION 1 (adopt) I move the Council adopt an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM MOTION 2 (reject) I move the Council reject an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM MOTION 3 (adopt with amendments) I move the Council adopt an ordinance amending various sections of Title 21Aof the Salt Lake City Code pertaining to ground mounted utility boxes, pursuant to Petition No. PLNPCM ; including additional changes regarding the annual inspection requirement, as outlined in the Council Staff report. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX , SALT LAKE CITY, UTAH TEL FAX LUKE GARROTT DISTRICT 4 COUNCIL CHAIR JAMES ROGERS DISTRICT 1 COUNCIL VICE CHAIR KYLE LAMALFA DISTRICT 2 STAN PENFOLD DISTRICT 3 ERIN MENDENHALL DISTRICT 5 CHARLIE LUKE DISTRICT 6 LISA R. ADAMS DISTRICT 7

4 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Nick Tarbet, Policy Analyst DATE: March 24, 2015 RE: Ground Mounted Utility Boxes PLNPCM PROJECT TIMELINE: Set Date: February 17, 2015 Briefing: February 24, 2015 Public Hearing: March 3, 2015 Potential Action: March 24, 2015 Council Sponsor: Not Required Land Use Petition from Mayor VIEW THE ADMINISTRATION S PROPOSAL NEW INFORMATION No constituents spoke during the March 3 public hearing. One individual did send an , prior to the public hearing expressing support for the proposed changes. The Council closed the public hearing and deferred action to a future Council meeting. In the week following the public hearing, the Council office received letters from CenturyLink and Rocky Mountain Power. Both companies expressed concern about the proposal to require a yearly maintenance report. Both claimed that the cost and time associated with this requirement would be significant and unnecessary because they know when the boxes have failed and are quick to restore service. The letters were sent to the Council Members for consideration. They are also included as Attachment A to this staff report. In response to the straw polls the Council approved on February 24, the Administration has included the changes the Council requested. The following changes to the proposed ordinance have been included for the Council s consideration. (See Attachment B) 1. Change the ordinance so no more than three utility boxes are permitted within 660 ft of each other in residential areas, without going through the special exception process. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX , SALT LAKE CITY, UTAH COUNCIL.SLCGOV.COM TEL FAX LUKE GARROTT DISTRICT 4 COUNCIL CHAIR JAMES ROGERS DISTRICT 1 COUNCIL VICE CHAIR KYLE LAMALFA DISTRICT 2 STAN PENFOLD DISTRICT 3 ERIN MENDENHALL DISTRICT 5 CHARLIE LUKE DISTRICT 6 LISA R. ADAMS DISTRICT 7

5 21A E.2.b.iv Excluding Manufacturing, Business Park and General Commercial Zoning Districts no more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed within 660 foot segment of street right of way, unless approved as a special exception. 2. Include leveling of utility boxes as a post installation maintenance requirement. 21A H.4 Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. 3. Require service providers to conduct an annual (or more frequent) inspection. 21A H.5 Annual Inspection. A service provider shall perform and maintain a record of annual inspection and list the location of all ground mounted utility that they have installed within Salt Lake City, both on private land and public right of ways. As part of the annual inspection any utility box without the required contact information notice on the box should be updated to include a permanent notice. The annual inspection shall identify any utility boxes that reasonably fail to meet post installation maintenance requirements of this section. A copy of the annual report and inventory shall be submitted to the Salt Lake City Engineering and Planning Divisions. In an attempt to further clarify that the location of all boxes needs to be included in the annual report, Council Staff is recommending the following changes to this section be considered by the Council for final adoption: Annual Inspection. A service provider shall perform and maintain a record of annual inspections, which includes a and list of the location of all ground mounted utility boxes that the service provider has they have installed within Salt Lake City, both on private land and public right of ways. As part of the annual inspection any utility box without the required contact information notice on the box should must be updated to include a permanent notice. The annual inspection shall identify any utility boxes that reasonably fail to meet post-installation maintenance requirements of this section, and identify that repairs have been made. A copy of the annual report and inventory location list shall be submitted to the Salt Lake City Engineering and Planning Divisions Community and Economic Department. 4. Consider additional incentives for smaller boxes. 21A E.1.b.v Any small ground mounted utility box that is less than sixty (60) percent of the allowed size in section i above shall be exempt from the special exception requirement of section iv above. Do these proposed changes meet the Council s expectations? If so, the updated ordinance is ready for the Council to consider for adoption during the March 24 public hearing. Page 2

6 ATTACHMENTS Attachment A Public Comments Received Attachment B Updated Ordinance The following information was provided for the March 3 work session briefing. It is provided again for background purposes. At the conclusion of the February 24 briefing, the Council conducted five straw polls. Four of the straw polls received support, one failed. Approved Straw Polls (all approved 7-0) 1. Revise block face definition to 3 boxes per 660 feet. 2. Include leveling of utility boxes as a post installation maintenance requirement. 3. Requirement for service providers to conduct an annual (or more frequent) inspection. 4. Consider additional incentives to encourage smaller boxes. Failed Straw Poll (failed 4-3) 1. Beautification Fee Council staff will work with the Administration to have these changes incorporated in to the proposed ordinance in time for Council to consider during the March 24 Council Meeting. The following information was provided for the February 24 work session briefing. It is provided again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about proposed standards for ground mounted utility boxes. The new standards would establish a more predictable and consistent review process when ground mounted utility boxes are installed. The new standards are designed to ensure that the aesthetic quality of the City is preserved while also providing reliable utility services to the community. The proposal would streamline the approval process for boxes located on private property, in alleys and smaller boxes in park strips, and require that larger boxes go through the special exception process, rather than the conditional review process. The key changes to the proposed ordinance include: Streamlined process for boxes on private property and small boxes in the public right-of-way Replace conditional use process for larger boxes with special exception process Post installation maintenance requirements The Planning Commission forwarded a favorable recommendation to the City Council with a 4 to 1 vote. KEY ISSUES Page 3

7 There Administration s Transmittal Letter indentifies three main changes for consideration. Please see the Planning Commission Report for full details. (pages 2 5) 1. Tiered review process: Over-the-counter permit for boxes located on private property and right-of-ways not adjacent to a public street. Established over-the-counter permit for smaller boxes meeting specific standards within the public right-of-way. Replace conditional use review process with special exception review process for larger boxes in park strips and for multiple boxes along street frontages where they are more visible. 2. Clarify existing ordinance language. 3. Approvals for ground mounted utility boxes are contingent upon service providers ensuring the boxes are properly maintained. ADDITIONAL INFORMATION Council Legislative Action Pertaining to Utility Boxes On April 22, 2014, the Council approved a Legislative Action requesting the Administration explore potential zoning modifications to provide better controls for long-term maintenance issues for aboveground telecommunication infrastructure/utility boxes. The intent was to require franchisees to provide pro-active maintenance so the burden did not fall on city residents. Section H of the proposed ordinance includes requirements that address the Council s Legislative Action. Does the Council feel the following maintenance requirements are sufficient? Section 21A H - Post-Installation Obligations, of the proposed ordinance requires that: All ground mounted utility boxes and any related screening materials shall remain the service provider s responsibility to keep in a state of good visual quality and repair. The following maintenance requirements are set forth in the proposed ordinance: 1. Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider s/owner s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of the Title 21A, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right-of-way discontinues the use or has no defined need for said box, it is that service provider/owner s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. Page 4

8 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in a clean and safe condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. Proposed Additions to the Ordinance A Council Member contacted Council Staff with the following suggestions for the Council to consider during the utility box discussion. 1. Dedicated annual fee for a utility box beautification fund The proposed ordinance establishes that service provider(s) are solely responsible for maintaining ground mounted utility box sites in a clean and safe condition. (Section 21A H.4) Furthermore, a service provider is required to repair any damage to a ground mounted utility box within 72 hours after being notified of the damage. In addition to the requirement that service providers maintain ground mounted utility box sites, the Council could consider an annual fee for utility box beautification. Since some of the City s divisions such as, Property Management, Engineering and Enforcement use resources to ensure items in the public right-of-way are permitted and maintained, the Council could request that the Administration conduct a cost justification analysis to consider charging a beautification fee for utility boxes in the public way. Additionally, the Council may be interested in requesting that the Administration consider developing a program to incentivize improving the appearance of utility boxes in the public right-of-way, with graphic illustrated designs, and assistance from the City s Art Council. 2. Inventory of all utility boxes capable of being managed in City s GIS system. If an inventory of utility boxes is maintained, it would bolster the City s ability to stay on top of maintenance requests, because the exact location of the utility boxes would be known. Furthermore, tracking past maintenance would be streamlined, allowing locations that are repeatedly in need of repairs to be more swiftly identified so necessary corrective actions could be taken. Is the Council interested in exploring the possibility of the City tracking the location of ground mounted utility boxes through the City s GIS system? Conditional Use vs. Special Exception The proposed ordinance would replace the conditional use process for larger boxes with the special exception process. The following is an explanation of the differences between the special exception and conditional use processes. The Planning Commission is given the authority over conditional uses and special exceptions, by the City Code (21A C). Conditional Use Page 5

9 The Planning Commission, or in the case of administrative conditional uses, the Planning Director approve uses listed as conditional uses. (21A ) Conditional use approvals are based on State regulations stating that if an impact can be reasonably mitigated, the use must be approved. Often times the public is confused and thinks that simply opposing the location can prevent the utility box from being installed. Conditional Use (21A ): A conditional use is a land use which, because of its unique characteristics or potential impact on the municipality, surrounding neighbors or adjacent land uses, may not be compatible or may be compatible only if certain conditions are required that mitigate or eliminate the negative impacts. Conditional uses are allowed unless appropriate conditions cannot be applied which, in the judgment of the planning commission, or administrative hearing officer, would mitigate adverse impacts that may arise by introducing a conditional use on the particular site. Special Exceptions The Planning Commission or Historic Landmark Commission may delegate its authority as necessary to the planning director to make a determination regarding special exceptions. (21A ) The special exception process allows for conditions as part of the approval process. Conditions can be applied to prevent or minimize adverse affects on other properties in the vicinity. Special exceptions can be revoked for violation of conditions. Conditions on Special Exceptions (21A ) Conditions and limitations necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the special exception or upon public facilities and services may be imposed on each application. These conditions may include, but are not limited to, conditions concerning use, construction, operation, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in the approval record of the special exception. The proposed ground mounted utility box ordinance requires that the following criteria be reviewed during the special exception review: a) Evidence that the existing ground mounted utility box location and/or size are within a pattern that allowing an additional or larger ground mounted utility box will not create a significant impact of the character of the area b) Evidence submitted that shows another location is not practical to service the subject area. c) Sufficiently demonstrates the reason that the larger cabinet is necessary. d) Demonstrates that the subject block face location is the only feasible location for the ground mounted utility box based on technical or physical constraints. e) Ground mounted utility boxes are spaced in such a manner as to limit the visual impact of the box when viewed from the street or an adjacent property. f) The location will not obstruct access to other installed utility facilities. g) The additional cabinet is compatible in design and size with the existing ground mounted utility boxes in the area. CC: David Everitt, Jill Love, Karen Hale, Art Raymond, Holly Hilton, Mary De La Mare-Schafer, Nora Shepard, Cheri Coffey, Nick Norris, Michaela Oktay, Everett Joyce, Orion Goff, Les Koch, Margaret Plane, Paul Nielson, City Council Liaisons, Mayors Liaisons File Location: Community and Economic Development Dept., Planning Division, Ground Mounted Utility Boxes. Page 6

10 March 18, 2015 Salt Lake City Council 451 S. State Street, Room 304 Salt Lake City, Utah RE: Ground Mounted Utility Boxes Text Amendment To the Honorable Members of the Salt Lake City Council: Rocky Mountain Power has followed the proposed text amendments to the Ground-Mounted Utility Box ordinance with interest. We welcome changes to streamline the permitting process for equipment that is essential to operate underground distribution-voltage power lines. The proposed annual inspection requirement, however, is of great concern since it would impose unnecessary costs on Rocky Mountain Power customers with very limited benefit. Rocky Mountain Power owns tens of thousands of ground-mount transformers, sectionalizers and switchgear within Salt Lake City. A simple inventory of this equipment is not readily available. The utility s customer information system is electronically linked with an engineering CADOPS mapping system which denotes facilities and equipment. It would require thousands of hours of staff time to arduously search grid maps to identify locations of ground-mount equipment and manually create an inventory. It is unclear why the utility should be required to do so when the majority of ground-mount equipment was permitted by either Salt Lake City Engineering for cabinets in the public way or by Building Services for construction requiring electrical equipment on private property. It is furthermore unclear how the city proposes to use such information as Rocky Mountain Power is quick to respond when problems are reported. It bears noting that routine inspection is only a snapshot in time. It s of little benefit if a vehicle accident damages equipment or graffiti appears just days after inspection. Moreover, the time required to physically inspect each piece of equipment on an annual basis is not feasible under current staffing levels. The company operates a 24/7 customer service center where customers can report outages, equipment damage, etc. Servicemen are dispatched to determine the cause of outages and investigate service issues. Should it be necessary to repair or replace equipment to protect public safety or restore service, they will do so as quickly as practicable. Additionally, company personnel from various departments are frequently in the field in the course of their duties. They are trained to report damage to company facilities in order to protect public safety or avoid power interruptions and reliability problems. All Rocky Mountain Power equipment is marked with yellow tags with a facility-point reference number. In addition, we began applying stickers with the toll-free customer service number several years ago. Customers are encouraged to

11 report concerns about company equipment should they see something amiss, including damage to equipment or graffiti on company facilities, and we will take corrective action. Rocky Mountain Power believes the current process works to investigate, repair or replace isolated pieces of ground-mount equipment upon notification. Creating an inventory for the city s unexplained use and performing annual inspection of thousands upon thousands of pieces of ground-mount equipment in the absence of public safety or operational issues is neither feasible nor cost-effective for customers who must bear the increased costs. Rocky Mountain Power has enjoyed a good working relationship with Salt Lake City Corporation and believes we have been responsive to the needs of the city and our customers. We will readily discuss issues that may have gone unaddressed and pledge our best efforts to correct them. We urge the city council to refrain from adopting an annual inspection requirement for ground-mounted utility equipment. Sincerely, Alene E. Bentley Customer and Community Manager

12 Dear Mr. Tarbet, I am CenturyLink s Director for Engineering and Construction for the State of Utah. As you know, CenturyLink is spending millions of dollars each year bringing high-speed Internet and other advanced services to the businesses and communities within Salt Lake City. We are very fortunate to have the City as a partner in this effort and we applaud recent steps to streamline the process for placing our high-speed equipment in the City. We are concerned, however, with a last-minute suggestion by the City that utility boxes be subject to annual (or more frequent) inspection and reporting requirements. We believe this recommendation to be unnecessary for several reasons: First, these boxes are a part of our network and if they fail (due to damage or other cause), we know instantly of the problem and will work to restore service and address the issue. Second, CenturyLink takes seriously its obligation to maintain its facilities. This is important not only to the operation of our business, but also to our good standing in the City. Our facilities are routinely visited by our local network teams. Third, CenturyLink is in agreement with the repair standard suggested by the City, which requires repairs within 72 hours of notice. Fourth, and finally, the cost to perform unnecessary inspections and to compile and file reports will come directly from the same funds that are used to deploy and upgrade our network. We do not view this potential regulatory requirement as advancing any public interest need, but it will have a deterrent effect on our deployment of advanced services. We are happy to discuss these issues at your convenience. Please contact Dan Bartleson at Thank you for your consideration of our request. Laina Moris Director Engineering and Construction - Nevada & Utah CenturyLink 6700 Via Austi Parkway Las Vegas, NV Office Mobile laina.moris@centurylink.com

13 From: Tarbet, Nick Sent: Monday, March 02, :27 AM To: Adams, Lisa; Garrott, Luke; LaMalfa, Kyle; Luke, Charlie; Mendenhall, Erin; Penfold, Stan; Rogers, James Cc: Gust-Jenson, Cindy; Bruno, Jennifer; ccanalysts; Tarbet, Nick Subject: Utility Box Comments from John Becker Importance: High Council Members, Last Friday Council Member Garrott met with John Becker to discuss ground mounted utility boxes. Mr. Becker expressed the following concerns and asked that I forward them to each of you. 1. Special Exception Standards Wants these standards to be more stringent so that there is an incentive to go with the smaller boxes. Subsection B (standards for Special Exceptions) requires Evidence submitted that shows another location is not practical to service the subject area. o Would like to see a requirement to show why the chosen location is the only practical option. Would like a standard to be included to Subsection B (standards for Special Exceptions) that requires evidence to be provided explaining why a larger box is necessary. 2. Better Design Requirements. Doesn t want the City to settle for industry standards. He wants the City to promote a progressive attempt for service providers to produce better designed boxes. o This could be an addition to subsection G compatible design and size standards for an area. 3. Locating a Utility Box on Private Property When locating a cabinet on private property, he would like the city to require that adjacent property owners receive notification about the possible location of the box. He believes neighbors will be equally impacted by the location of a utility box, but will not get any of the benefits of negotiating with the service providers. Mr. Becker would gladly speak with anyone who has question about his suggestions. He is unable to attend tomorrow night s public hearing that is why he met with Council Member Garrott and asked that we forward his comments.

14 OFFICE OF" THE DIRECTOR CITY COUNCIL TRANSMITTAL Date Received: :s(t ~ (tors Date Sent to City Council: _...,3~f_._t..u.8-r(--'1..-0 ~I...::~=-- I I TO: FROM: Salt Lake City Council Luke Garrott, Chairperson Jill Love, CED Director DATE: March 12,2015 RE: Petition PLNPCM : Zoning Text Amendment request by Salt Lake City Mayor Ralph Becker, to amend text relating to regulating and processing of ground mounted utility boxes (GMUB). STAFF CONTACTS: COUNCIL SPONSOR: RECOMMENDATION: DOCUMENT TYPE: BUDGET IMP ACT: Everett Joyce, Senior Planner or everett.joyce@slcgov.corn Exempt Transmit response to City Council proposed text modifications to the Ground Mounted Utility Box ordinance resulting from City Council briefing of February 24, 2015 Follow Up Information None DISCUSSION: On February 24, 2015, the City Council was briefed on petition PLNPCM that proposed zoning text amendments related to ground mounted utility boxes. The City Council requested consideration of four text modifications to the proposed ordinance. The Planning Staff has reviewed and provided the attached responses to the City Council's proposed modifications to the Ground Mounted Utility Box ordinance. The City Council has scheduled this item for their March 24, 2015 meeting. 451 SOUTH STATE STREET. ROOM 404 P.O. BOX SALT LAKE CITY, UTAH TEL FAX

15 The following is the Planning Division s response to the City Council s recommended text modifications regarding the proposed Ground Mounted Utility Boxes (GMUB) ordinance. The four text modifications were raised at the City Council briefing on February 24, Change Block face definition to 3 boxes per 660 Also discussed was to have less restrictive standards for industrial and commercial areas. City platted blocks vary in size. Numerous block face dimensions were created in the original SLC Survey Plats. The following are some of the block face dimensions used: 220, 295, 330, 394, 558, 660, 695, 730, 765, and 775. Subdivisions created after the original survey plats can have continuous block faces that exceed 1,000 feet. The existing zoning ordinance defines block face as: All of the lots facing one side of a street between two (2) intersecting streets. Corner properties shall be considered part of two (2) block faces, one for each of the two (2) intersecting streets. In no case shall a block face exceed one thousand feet (1,000'). Due to the variety of block faces and to maintain a more equal distribution and intensity level throughout the city the spacing criteria for GMUB s could be changed to a 660 linear length of street right way. If desired, the following highlighted text could accomplish this option. Section 21A E Allowed Ground Mounted Utility Boxes 2. Public Right of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Chapter of this code. a) Below grade utility boxes that do not extend greater than six inches above ground level. b) A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria: i) A ground mounted utility box not exceeding a height of three (3) feet and a footprint of four (4) square feet, or a box not exceeding two (2) feet in height and a foot print of eight (8) square feet. ii) The pad for a ground mounted utility box shall not extend more than six (6) inches beyond the footprint of the box. iii) The A ground mounted utility box in a residential zoning district is located within fifteen (15) feet of the interior lot line of an adjacent property. iv) Excluding Manufacturing, Business Park and General Commercial Districts no more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed within any 660 foot segment of street right of way on any one block face as defined in Chapter 21A.62 of this title, unless approved as a special exception. Response to City Council requested text modifications to the GMUB ordinance March 5,

16 c) A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley. 2. Include leveling as a maintenance requirement Staff feels that the standard placement of any equipment or facilities within the public way would include that equipment would be installed and maintained in a level manner. When equipment fails to stay level the equipment should be corrected if there is an impact on safety. Staff feels that this issue is adequately addressed the proposed Post-Installation Obligations text. If desired, the following highlighted text could accomplish this option. Section 21A H Post-Installation Obligations 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, and safe and level condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. 3. Annual or more frequent, inspection requirement The post installation requirements of the proposed ordinance requires a service provider to repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. If an annual inspection is required by all utility providers with ground mounted utility boxes there would need to be inspection reports created so they could be reviewed by City staff. The time and cost to prepare these reports and review by the administration does not seem to be a cost effective means to identify a few utility boxes that need repair or other improvements to meet maintenance requirements of the zoning ordinance and public way permit requirements. This action would be similar to annual housing inspections, which requires City staff to review. The cost to review and determine if the inspections reports are complete and whether they divulge any utility box condition that does not meet the post installation maintenance requirements would not seem effective for the few boxes that may need to be worked on to meet standards of repair. If inspection reports are not reviewed by the City then the annual inspection is self regulated and it would be unknown if the inspections are an affective maintenance tool. If the City is to require an annual inspection as part of this process it could also be required to place contact information on existing utility boxes that are not labeled as per the Required Contact Information of the Post-Installation Obligations section of the proposed ordinance. Response to City Council requested text modifications to the GMUB ordinance March 5,

17 If desired, the following highlighted text could accomplish this option. Section 21A H Post-Installation Obligations 5. Annual Inspection. A service provider shall perform and maintain a record of annual inspection and list the location of all ground mounted utility that they have installed within Salt Lake City, both on private land and public right of ways. As part of the annual inspection any utility box without the required contact information notice on the box should be updated to include a permanent notice. The annual inspection shall identify any utility boxes that reasonably fail to meet post installation maintenance requirements of this section. A copy of the annual report and inventory shall be submitted to the Salt Lake City Engineering and Planning Divisions. 4. Consider additional incentives for smaller boxes*. *Consider providing more incentive for smaller, above ground utility boxes Consider fees, over counter and special exception options. Staff feels that the proposed changes provide more incentive for smaller utility boxes than allowed under the current ordinance. The proposed text defines and limits utility box dimensions that are allowed through a permitted process. Boxes larger than designated would require special exception approval. The current ordinance does not provide any specific size limitations to utility boxes. The proposed ordinance requires special exception approval when more than 3 utility boxes are placed within a block face or designated street segment. A comparison of existing utility boxes and the proposed ordinance standards for utility boxes in the public way is provided in Table 1 located on page 5. However, an additional incentive for smaller utility boxes could be to exempt boxes smaller than permitted, such as those with a base dimension not greater than 18 inches in width and not greater than 3 feet in height (approximately a 40% reduction in size based on volume) from the special exception approval requirement when more than three are located within the block face or designated street segment. Another optional incentive would be to allow for a reduced fee if a ground mounted utility box is below a certain size. The utility box size and amount of fee reduction would need to be evaluated and determined. This action would affect other parts of the City code. If desired, the following highlighted text could accomplish this option. Section 21A E Allowed Ground Mounted Utility Boxes 1. Public Right of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Chapter of this code. a) Below grade utility boxes that do not extend greater than six inches above ground level. Response to City Council requested text modifications to the GMUB ordinance March 5,

18 b) A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria: i) A ground mounted utility box not exceeding a height of three (3) feet and a footprint of four (4) square feet, or a box not exceeding two (2) feet in height and a foot print of eight (8) square feet. ii) The pad for a ground mounted utility box shall not extend more than six (6) inches beyond the footprint of the box. iii) The ground mounted utility box is located within fifteen (15) feet of the interior lot line of an adjacent property. iv) No more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed on any one block face as defined in Chapter 21A.62 of this title, unless approved as a special exception. v) Any small ground mounted utility box that is less than sixty (60) percent of the allowed size in section i above shall be exempt from the special exception requirement. c) A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley. Response to City Council requested text modifications to the GMUB ordinance March 5,

19 Table 1 Comparison - Proposed public way utility box standards with existing utility boxes Height Width Depth Footprint Volume Status Tall Cabinet in the public right of way Proposed Permitted Cabinet sq. ft. 12 cu. ft. Does not comply sq. ft. 36 cu. ft. Requires Special Exception approval sq. ft. 7 cu. ft. Complies Low Profile Cabinet in the public right of way Proposed Permitted Cabinet sq. ft. 16 cu. ft sq. ft. 15 cu. ft. Complies Response to City Council requested text modifications to the GMUB ordinance March 5,

20 RECEIVED JAN r DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT OFFICE OF THE DIRECTOR CITY COUNCIL TRANSMITTAL J Date Received: 0 \ I rw/112\ ~ RAe Y.H B E CKER\(.c. M A YO R SCANNED TO~ SCANNED BY:~_c DATE: \ U \S Date Sent to City Council:.,O,.._IL.t/... I 1..-=<i'=' ~ '"""?AJ"""'""I... S. TO: Salt Lake City Council Luke Garrott, Chairperson DATE: January 9, 2015 RE: Petition PLNPCM : Zoning Text Amendment request by Salt Lake City Mayor Ralph Becker, to amend text relating to regulating and processing of ground mounted utility boxes. The text amendment would be citywide. STAFF CONTACTS: COUNCIL SPONSOR: Rlj:COMMENDATION: DOCUMENT TYPE: BUDGET IMPACT: Everett Joyce, Senior Planner or everett.joyce@slcgov.com Exempt Adopt the Planning Commission recommendation. Ordinance None DISCUSSION: The City is looking at how to establish a more predictable and consistent review process for the installation of ground mounted utility boxes. The new standards are intended to ensure the community has access to reliable utility services while ensuring installations are achieved in a manner that preserves the aesthetic quality of the City. The proposal also aims to encourage the installation of less visible boxes by streamlining the approval process for boxes located on private property or in alleys, and smaller boxes in park strips. The key aspects of the proposed 451 SOUTH STATE STREET. ROOM 404 P.O. BOX SALT LAKE CITY. UTAH TEL FAX

21 ordinance are: No conditional use process Streamline process for boxes placed on private property and small boxes in the public right of way Special exception process for larger boxes Post installation maintenance requirements The regulations currently include design criteria, and establish a conditional use review process to approve such requests. The Planning Division has found that the conditional use review process has given the public the impression that their voice can have a major influence on whether the use is allowed when in fact utility boxes generally must be approved and the conditional use process allows the public to voice comments relating to location and design of the structures. Conditional uses can only be denied when it is found that reasonably anticipated detrimental effects cannot be mitigated. The amendment will affect section 21A Applicability, section 21A : Ground Mounted Utility Boxes, and section 21A : Special Exceptions of the zoning ordinance. MASTER PLAN CONSIDERATIONS: Utah State code identifies that the general plan is an advisory guide for land use decisions, the impact of which shall be determined by ordinance. While no adopted master plans for Salt Lake City specifically refer to ground mounted utility installations, some of them, such as the Capitol Hill Master Plan and the Central Community Master Plan, call for well-maintained and adequate public utilities, buildings and facilities that are compatible with the surrounding area. In residential and other potentially high-impact districts, the proposed text amendment is structured so that larger high impact utility boxes are reviewed for their compatibility and impact on the surrounding area. PUBLIC PROCESS: The following is a list of public meetings that have been held related to the proposed project: Salt Lake City Business Advisory Board on May 14, Salt Lake City Planning Division Open House on July 17, Salt Lake City Business Advisory Board on August 13, Utah Broadband Advisory Council on August 27, Salt Lake City Historic Landmark Commission on September 4, Posted on Salt Lake City Open City Hall from June to October Salt Lake City Planning Commission Public Hearing on December 10, Comments received throughout the public process can be found in Attachment F: Public Process and Comments starting on page 18 of the December 10, 2014 Planning Commission Staff Report (see Attachment 5B). The Planning Commission held its Public Hearing on December 10, Comments were raised regarding the notification process for permitted and special exception utility boxes. Concerns were raised regarding graffiti notification and removal timeframes and using only one RE: Petition PLNPCM : Ground Mounted Utility Boxes Page 2 of 3

22 neutral color for all utility boxes. The Planning Commission voted 4 to 1 passing a motion to forward a favorable recommendation to the City Council. RELEVANT ORDINANCES: Amendments to the Zoning Ordinance and Maps are authorized under Section 21A.50 of the Salt Lake City Zoning Ordinance, as detailed in Section 21A : "A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the City Council and is not controlled by any one standard." It does, however, list five standards, which should be analyzed prior to rezoning property (Section 21A A-E). The five standards are discussed in detail Attachment E Analysis of Standards on page 17 of the December 10, 2014 Planning Commission Staff Report (see Attachment 5B). RE: Petition PLNPCM : Ground Mounted Utility Boxes Page 3 of 3

23 TABLE OF CONTENTS 1. Chronology 2. Ordinance 3. City Council Public Hearing Notice 4. Mailing Labels 5. Planning Commission A. Notice and Agenda B. Staff Report C. Minutes 6. Original Petition

24 1. Chronology

25 PROJECT CHRONOLOGY March 27, 2014 April 8, 2014 May 14, 2014 Petition PLNPCM application received Petition assigned to Janice Lew Presented to the Business Advisory Board June October 2014 Ground mounted utility box topic on Open City Hall July 3, 2014 July 17, 2014 August 13, 2014 Open House notice mailed and posted on website Open House held Review and Discussion item with the Business Advisory Board August 21, 2014 Notice mailed for Historic Landmark Commission meeting for September 4, 2014 August 27, 2014 August 28, 2014 Presented to the Utah Broadband Advisory Council Briefing memorandum sent to the Historic Landmark Commission September 4, 2014 Historic Landmark Commission Briefing September 30, 2014 Petition reassigned to Everett Joyce November 25, 2014 Public hearing agenda mailed, posted on City and State website, and posted on Planning Division listserve November 29, 2014 Newspaper Notice December 1, 2014 Corrected notice mailed out December 3, 2014 Staff report published and posted on City website December 10, 2014 Planning Commission public hearing December 11, 2014 Planning Commission Record of Decision posted December 15, 2014 Requested ordinance from City Attorney

26 2. Ordinance

27 SALT LAKE CITY ORDINANCE No. of 2015 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to ground mounted utility boxes) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM to modify regulations governing ground mounted utility boxes. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 10, 2014 to consider a petition submitted by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM ) to amend Sections 21A (Zoning: Title, Authority, Purpose and Applicability: Applicability), 21A (Zoning: Accessory Uses, Buildings and Structures: Ground Mounted Utility Boxes), and 21A (Zoning: Special Exceptions: Special Exceptions Authorized) to modify regulations governing ground mounted utility boxes; and WHEREAS, at its December 10, 2014 hearing, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city s best interests, NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Title, Authority, Purpose and Applicability: Applicability), shall be, and hereby is, amended to read as follows: 21A : APPLICABILITY: A. General Applicability: The provisions of this title shall apply to all of the land area within the corporate limits of Salt Lake City, as indicated on the zoning map as provided in chapter Chapter 21A.22 of this title. Except as expressly provided in this title, no development shall be undertaken without prior zoning approval pursuant to the provisions of this title.

28 B. Exemptions: The following properties, uses and structures shall, to the extent provided by law, be exempt from the regulations of this title: 1. Properties Of of The State Of of Utah Or or Federal Government: Properties owned and occupied by the state State of Utah or the United States. Where laws applicable to such properties require the property owner to take reasonable steps to comply with local regulations, this exemption shall not be construed to abrogate that requirement. 2. Utility Installations: Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or stormwater when owned, operated and/or maintained by a governmental entity or a public utility. Such installations shall comply with federal communications commission and federal aviation administration rules and regulations and those of other authorities having jurisdiction. This exemption includes ground mounted utility boxes installed by a governmental entity in the public right of way for public safety and management purposes, such as traffic control devices, utility boxes for lighting and parking meters. All other ground mounted utility boxes shall not be exempt from the regulations of this title shall not apply and are subject to section Section 21A , "Ground Mounted Utility Boxes", of this title. 3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way, and maintenance and repair work on such facilities and equipment. SECTION 2. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Ground Mounted Utility Boxes), shall be, and hereby is, amended to read as follows: 21A : GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. Of concern are the location, size and concentration of ground mounted utility boxes. The placement of ground mounted utility boxes should consider the location priority order below: 1. In a location not readily visible from a street. 2. In an alley located along the rear of adjacent properties. 3. In a nonresidential location that may be visible from a street. 4. In the park strip of a nonresidential property.

29 5. In the park strip of a residential property. B. Compliance with Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section unless exempted within Section 21A of this title. C. Definition: "Ground mounted utility boxes" shall mean such equipment and facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment that extend over six inches above ground level used for the transmission or distribution of utilities. D. Location: Any ground mounted utility box shall not be located within one (1) foot of any sidewalk or eighteen (18) inches from the face of a control curb or obstruct any required sight distance triangles for driveways and intersections. E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as follows shall be allowed in all zoning districts subject to subsection D of this section. 1. Private Property: On private property with permission of the property owner or representative at the following locations: a) Below grade utility boxes that do not extend greater than six inches above ground level. b) Within the buildable area of a lot, rear yard or side yard. c) Behind required front and corner side yards or within five (5) feet of a building when front and corner side yards are not required. d) Within a utility easement subject to easement restrictions. e) Within a right of way when the location does not interfere with circulation functions of the right of way and subject to subsection E.1.c of this section. 2. Public Right of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Chapter of this code. a) Below grade utility boxes that do not extend greater than six inches above ground level. b) A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria: i) A ground mounted utility box not exceeding a height of three (3) feet and a footprint of four (4) square feet, or a box not exceeding two (2) feet in height and a foot print of eight (8) square feet. ii) The pad for a ground mounted utility box shall not extend more than six (6) inches beyond the footprint of the box. iii) A ground mounted utility box in a residential zoning district is located within fifteen (15) feet of the interior lot line of an adjacent property.

30 iv) Excluding Manufacturing, Business Park and General Commercial Zoning Districts no more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed within 660 foot segment of street right of way, unless approved as a special exception. v) Any small ground mounted utility box that is less than sixty (60) percent of the allowed size in section i above shall be exempt from the special exception requirement of section iv above. c) A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley. F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in Section E of this chapter or that do not meet the standards of Section E may be approved as a special exception pursuant to Chapter 21A.52 of this title and the following requirements. 1. Application: A special exception application shall be made on a form prepared by the planning director or designee and submitted to the planning division, that includes required information and the following additional information: a. Described plan of the proposed ground mounted utility box: (1) Dimensions of box and footing/platform detail. (2) Location of contact information on the box. (3) Description of cabinet materials and finish treatment. b. A location analysis which identifies other sites considered as alternatives within five hundred (500) feet of the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unavailable, or technologically or reasonably infeasible. 2. General Standards and Considerations for Special Exception Review of Ground Mounted Utility Boxes: No special exception application for a ground mounted utility box shall be approved unless the planning director or the planning director s designee determines that the ground mounted utility box satisfies the applicable standards related to size, spacing and/or location of the following criteria: a) Evidence that the existing ground mounted utility box location and/or size are within a pattern that allowing an additional or larger ground mounted utility box will not create a significant impact of the character of the area. b) Evidence submitted that shows another location is not practical to service the subject area. c) Sufficiently demonstrates the reason that the larger cabinet is necessary. d) Demonstrates that the subject block face location is the only feasible location for the ground mounted utility box based on technical or physical constraints.

31 e) Ground mounted utility boxes are spaced in such a manner as to limit the visual impact of the box when viewed from the street or an adjacent property. f) The location will not obstruct access to other installed utility facilities. g) The additional cabinet is compatible in design and size with the existing ground mounted utility boxes in the area. G. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. H. Post-Installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider s/owner s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of the Title 21A, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right-of-way discontinues the use or has no defined need for said box, it is that service provider/owner s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. 5. Annual Inspection. A service provider shall perform and maintain a record of annual inspections, which includes a list of the locations of all ground mounted utility boxes that the service provider has installed within Salt Lake City, both on private land and public right of ways. As part of the annual inspection any utility box without the required contact information notice on the box must be updated to include a permanent notice. The annual inspection shall identify any utility boxes that fail to meet post-installation maintenance requirements of this section and identify that repairs have been made. A copy of the annual report and location list

32 shall be submitted to the Salt Lake City Department of Community and Economic Development. I. Other City Permits: Additional city permits may be required. 1. No construction shall be undertaken without the applicable city permits and public way permits. 2. Certificate of Appropriateness: Any ground mounted utility box located within an area subject to Section 21A , "H Historic Preservation Overlay District", of this code must obtain a certificate of appropriateness before the box may be installed. A. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the following regulations unless exempted within section 21A , "Applicability", of this title or where limited by other provisions of this title. B. Definition: "Ground mounted utility boxes" shall mean such facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment used for the transmission or operation of underground public utilities. C. Allowed Use: Ground mounted utility boxes proposed as follows, shall be allowed in all zoning districts: 1. Subterranean utility boxes located entirely on private property. 2. Utility boxes located entirely within an enclosed building or structure. 3. Ground mounted equipment required to serve a single commercial customer located behind minimum setback or within five feet (5') of a building. 4. Utility boxes for essential public uses such as traffic control boxes, installed by or with permission of Salt Lake City Corporation. 5. Ground mounted utility boxes located within the front line public utility easement or on private property within a private easement which is mutually acceptable to both the property owner and the utility. The equipment shall not be located within two feet (2') of the sidewalk. D. Conditional Use: Conditional use review is required for all ground mounted utility boxes not specifically addressed in subsection C of this section. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria: 1. Location: Utility boxes shall be located and designed to reduce its visual and environmental impacts on the surrounding properties. 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

33 director may limit the number of boxes allowed on a specific site to meet this 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. 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. 5. Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. 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. 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. SECTION 3. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions Authorized), shall be, and hereby is, amended to read as follows: 21A : SPECIAL EXCEPTIONS AUTHORIZED: A. In addition to any other special exceptions authorized elsewhere in this title, the following special exceptions are authorized under the provisions of this title: 1. Accessory building height, including wall height, in excess of the permitted height provided: a. The extra height is for architectural purposes only, such as a steep roof to match existing primary structure or neighborhood character. b. The extra height is to be used for storage of household goods or truss webbing and not to create a second level.

34 c. No windows are located in the roof or on the second level unless it is a design feature only. d. No commercial use is made of the structure or residential use unless it complies with the accessory dwelling unit regulations in this title. 2. Accessory structures in the front yard of double frontage lots, which do not have any rear yard provided: a. The required sight visibility triangle shall be maintained at all times. b. The structure meets all other size and height limits governed by the zoning ordinance. 3. Additional height for fences, walls or similar structures may be granted to exceed the height limits established for fences and walls in cchapter 21A.40 of this title if it is determined that there will be no negative impacts upon the established character of the affected neighborhood and streetscape, maintenance of public and private views, and matters of public safety. Approval of fences, walls and other similar structures may be granted under the following circumstances subject to compliance with other applicable requirements: a. Exceeding the allowable height limits; provided, that the fence, wall or structure is constructed of wrought iron, tubular steel or other similar material, and that the open, spatial and nonstructural area of the fence, wall or other similar structure constitutes at least eighty percent (80%) of its total area; b. Exceeding the allowable height limits on any corner lot; unless the city's traffic engineer determines that permitting the additional height would cause an unsafe traffic condition; c. Incorporation of ornamental features or architectural embellishments which extend above the allowable height limits; d. Exceeding the allowable height limits, when erected around schools and approved recreational uses which require special height considerations; e. Exceeding the allowable height limits, in cases where it is determined that a negative impact occurs because of levels of noise, pollution, light or other encroachments on the rights to privacy, safety, security and aesthetics; f. Keeping within the character of the neighborhood and urban design of the city; g. Avoiding a walled-in effect in the front yard of any property in a residential district where the clear character of the neighborhood in front yard areas is one of open spaces from property to property; or

35 h. Posing a safety hazard when there is a driveway on the petitioner's property or neighbor's property adjacent to the proposed fence, wall or similar structure. 4. Additional building height in commercial districts are subject to the standards in cchapter 21A.26 of this title. 5. Additional foothills building height, including wall height, shall comply with the standards in cchapter 21A.24 of this title. 6. Additional residential building height, including wall height, in the R-1 districts, R-2 districts and SR districts shall comply with the standards in cchapter 21A.24 of this title. 7. Any alternative to off street parking not listed in cchapter 21A.44 of this title intended to meet the number of required off street parking spaces. 8. Barbed wire fences may be approved subject to the regulations of cchapter 21A.40 of this title. 9. Conditional home occupations subject to the regulations and conditions of cchapter 21A.36 of this title. 10. Dividing existing lots containing two (2) or more separate residential structures into separate lots that would not meet lot size, frontage width or setbacks provided: a. The residential structures for the proposed lot split already exist and were constructed legally. b. The planning director agrees and is willing to approve a subdivision application. c. Required parking equal to the parking requirement that existed at the time that each dwelling unit was constructed. 11. Use of the front yard for required parking when the rear or side yards cannot be accessed and it is not feasible to build an attached garage that conforms to yard area and setback requirements, subject to the standards found in cchapter 21A.44 of this title. 12. Grade changes and retaining walls are subject to the regulations and standards of cchapter 21A.36 of this title. 13. Ground mounted central air conditioning compressors or systems, heating, ventilating, pool and filtering equipment located in required side and rear yards within four feet (4') of the property line. The mechanical equipment shall comply with applicable Salt Lake County hhealth ddepartment noise standards.

36 14. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming pool, or other similar uses in an accessory structure, subject to the following conditions: a. The height of the accessory structure shall not exceed the height limit established by the underlying zoning district unless a special exception allowing additional height is allowed. b. If an accessory building is located within ten feet (10') of a property line, no windows shall be allowed in the walls adjacent to the property lines. c. If the accessory building is detached, it must be located in the rear yard. d. The total covered area for an accessory building shall not exceed fifty percent (50%) of the building footprint of the principal structure, subject to all accessory building size limitations. 15. In line additions to existing residential or commercial buildings, which are noncomplying as to yard area or height regulations provided: a. The addition follows the existing building line and does not create any new noncompliance. b. No additional dwelling units are added to the structure. c. The addition is a legitimate architectural addition with rooflines and exterior materials designed to be compatible with the original structure. 16. Operation of registered home daycare or registered home preschool facility in residential districts subject to the standards of cchapter 21A.36 of this title. 17. Outdoor dining in required front, rear and side yards subject to the regulations and standards of cchapter 21A.40 of this title. 18. Razor wire fencing may be approved subject to the regulations and standards in cchapter 21A.40 of this title. 19. Replacement or reconstruction of any existing noncomplying segment of a residential or commercial structure or full replacement of a noncomplying accessory structure provided: a. The owner documents that the new construction does not encroach farther into any required rear yard than the structure being replaced. b. The addition or replacement is compatible in design, size and architectural style with the remaining or previous structure.

37 20. Underground building encroachments into the front, side, rear and corner side yard setbacks provided the addition is totally underground and there is no visual evidence that such an encroachment exists. 21. Window mounted refrigerated air conditioner and evaporative swamp coolers located in required front, corner, side and rear yards within two feet (2') of a property line shall comply with applicable Salt Lake County hhealth ddepartment noise standards. 22. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI districts, subject to the standards in cchapter 21A.44 of this title. 23. Ground mounted utility boxes may be approved subject to the regulations and standards of Section 21A of this title. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication Passed by the City Council of Salt Lake City, Utah, this day of, ATTEST AND COUNTERSIGN: CITY RECORDER CHAIRPERSON Transmitted to Mayor on. Mayor's Action: Approved. Vetoed. MAYOR

38 CITY RECORDER (SEAL) Bill No. of Published:. HB_ATTY-#42480-v5-Ordinance_amending_GMUB_regulations.DOCX

39 SALT LAKE CITY ORDINANCE No. of 2015 (An ordinance amending various sections of Title 21A of the Salt Lake City Code pertaining to ground mounted utility boxes) An ordinance amending various sections of Title 21A of the Salt Lake City Code pursuant to Petition No. PLNPCM to modify regulations governing ground mounted utility boxes. WHEREAS, the Salt Lake City Planning Commission held a public hearing on December 10, 2014 to consider a petition submitted by Salt Lake City Mayor Ralph Becker (Petition No. PLNPCM ) to amend Sections 21A (Zoning: Title, Authority, Purpose and Applicability: Applicability), 21A (Zoning: Accessory Uses, Buildings and Structures: Ground Mounted Utility Boxes), and 21A (Zoning: Special Exceptions: Special Exceptions Authorized) to modify regulations governing ground mounted utility boxes; and WHEREAS, at its December 10, 2014 hearing, the planning commission voted in favor of transmitting a positive recommendation to the Salt Lake City Council on said petition; and WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city s best interests, NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Title, Authority, Purpose and Applicability: Applicability), shall be, and hereby is, amended to read as follows: 21A : APPLICABILITY: A. General Applicability: The provisions of this title shall apply to all of the land area within the corporate limits of Salt Lake City, as indicated on the zoning map as provided in Chapter 21A.22 of this title. Except as expressly provided in this title, no development shall be undertaken without prior zoning approval pursuant to the provisions of this title.

40 B. Exemptions: The following properties, uses and structures shall, to the extent provided by law, be exempt from the regulations of this title: 1. Properties of The State of Utah or Federal Government: Properties owned and occupied by the State of Utah or the United States. Where laws applicable to such properties require the property owner to take reasonable steps to comply with local regulations, this exemption shall not be construed to abrogate that requirement. 2. Utility Installations: Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or stormwater when owned, operated and/or maintained by a governmental entity or a public utility. Such installations shall comply with federal communications commission and federal aviation administration rules and regulations and those of other authorities having jurisdiction. This exemption includes ground mounted utility boxes installed by a governmental entity in the public right of way for public safety and management purposes, such as traffic control devices, utility boxes for lighting and parking meters. All other ground mounted utility boxes shall not be exempt from the regulations of this title and are subject to Section 21A , Ground Mounted Utility Boxes. 3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way, and maintenance and repair work on such facilities and equipment. SECTION 2. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Accessory Uses, Buildings and Structures: Ground Mounted Utility Boxes), shall be, and hereby is, amended to read as follows: 21A : GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. Of concern are the location, size and concentration of ground mounted utility boxes. The placement of ground mounted utility boxes should consider the location priority order below: 1. In a location not readily visible from a street. 2. In an alley located along the rear of adjacent properties. 3. In a nonresidential location that may be visible from a street. 4. In the park strip of a nonresidential property. 5. In the park strip of a residential property.

41 B. Compliance with Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section unless exempted within Section 21A of this title. C. Definition: "Ground mounted utility boxes" shall mean such equipment and facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment that extend over six inches above ground level used for the transmission or distribution of utilities. D. Location: Any ground mounted utility box shall not be located within one (1) foot of any sidewalk or eighteen (18) inches from the face of a control curb or obstruct any required sight distance triangles for driveways and intersections. E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as follows shall be allowed in all zoning districts subject to subsection D of this section. 1. Private Property: On private property with permission of the property owner or representative at the following locations: a) Below grade utility boxes that do not extend greater than six inches above ground level. b) Within the buildable area of a lot, rear yard or side yard. c) Behind required front and corner side yards or within five (5) feet of a building when front and corner side yards are not required. d) Within a utility easement subject to easement restrictions. e) Within a right of way when the location does not interfere with circulation functions of the right of way and subject to subsection E.1.c of this section. 2. Public Right of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Chapter of this code. a) Below grade utility boxes that do not extend greater than six inches above ground level. b) A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria: i) A ground mounted utility box not exceeding a height of three (3) feet and a footprint of four (4) square feet, or a box not exceeding two (2) feet in height and a foot print of eight (8) square feet. ii) The pad for a ground mounted utility box shall not extend more than six (6) inches beyond the footprint of the box. iii) A ground mounted utility box in a residential zoning district is located within fifteen (15) feet of the interior lot line of an adjacent property.

42 iv) Excluding Manufacturing, Business Park and General Commercial Zoning Districts no more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed within 660 foot segment of street right of way, unless approved as a special exception. v) Any small ground mounted utility box that is less than sixty (60) percent of the allowed size in section i above shall be exempt from the special exception requirement of section iv above. c) A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley. F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in Section E of this chapter or that do not meet the standards of Section E may be approved as a special exception pursuant to Chapter 21A.52 of this title and the following requirements. 1. Application: A special exception application shall be made on a form prepared by the planning director or designee and submitted to the planning division, that includes required information and the following additional information: a. Described plan of the proposed ground mounted utility box: (1) Dimensions of box and footing/platform detail. (2) Location of contact information on the box. (3) Description of cabinet materials and finish treatment. b. A location analysis which identifies other sites considered as alternatives within five hundred (500) feet of the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unavailable, or technologically or reasonably infeasible. 2. General Standards and Considerations for Special Exception Review of Ground Mounted Utility Boxes: No special exception application for a ground mounted utility box shall be approved unless the planning director or the planning director s designee determines that the ground mounted utility box satisfies the applicable standards related to size, spacing and/or location of the following criteria: a) Evidence that the existing ground mounted utility box location and/or size are within a pattern that allowing an additional or larger ground mounted utility box will not create a significant impact of the character of the area. b) Evidence submitted that shows another location is not practical to service the subject area. c) Sufficiently demonstrates the reason that the larger cabinet is necessary. d) Demonstrates that the subject block face location is the only feasible location for the ground mounted utility box based on technical or physical constraints.

43 e) Ground mounted utility boxes are spaced in such a manner as to limit the visual impact of the box when viewed from the street or an adjacent property. f) The location will not obstruct access to other installed utility facilities. g) The additional cabinet is compatible in design and size with the existing ground mounted utility boxes in the area. G. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. H. Post-Installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider s/owner s franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of the Title 21A, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right-of-way discontinues the use or has no defined need for said box, it is that service provider/owner s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. 5. Annual Inspection. A service provider shall perform and maintain a record of annual inspections, which includes a list of the locations of all ground mounted utility boxes that the service provider has installed within Salt Lake City, both on private land and public right of ways. As part of the annual inspection any utility box without the required contact information notice on the box must be updated to include a permanent notice. The annual inspection shall identify any utility boxes that fail to meet post-installation maintenance requirements of this section and identify that repairs have been made. A copy of the annual report and location list

44 shall be submitted to the Salt Lake City Department of Community and Economic Development. I. Other City Permits: Additional city permits may be required. 1. No construction shall be undertaken without the applicable city permits and public way permits. 2. Certificate of Appropriateness: Any ground mounted utility box located within an area subject to Section 21A , "H Historic Preservation Overlay District", of this code must obtain a certificate of appropriateness before the box may be installed. SECTION 3. Amending the text of Salt Lake City Code Section 21A That Section 21A of the Salt Lake City Code (Zoning: Special Exceptions: Special Exceptions Authorized), shall be, and hereby is, amended to read as follows: 21A : SPECIAL EXCEPTIONS AUTHORIZED: In addition to any other special exceptions authorized elsewhere in this title, the following special exceptions are authorized under the provisions of this title: 1. Accessory building height, including wall height, in excess of the permitted height provided: a. The extra height is for architectural purposes only, such as a steep roof to match existing primary structure or neighborhood character. b. The extra height is to be used for storage of household goods or truss webbing and not to create a second level. c. No windows are located in the roof or on the second level unless it is a design feature only. d. No commercial use is made of the structure or residential use unless it complies with the accessory dwelling unit regulations in this title. 2. Accessory structures in the front yard of double frontage lots, which do not have any rear yard provided: a. The required sight visibility triangle shall be maintained at all times.

45 b. The structure meets all other size and height limits governed by the zoning ordinance. 3. Additional height for fences, walls or similar structures may be granted to exceed the height limits established for fences and walls in Chapter 21A.40 of this title if it is determined that there will be no negative impacts upon the established character of the affected neighborhood and streetscape, maintenance of public and private views, and matters of public safety. Approval of fences, walls and other similar structures may be granted under the following circumstances subject to compliance with other applicable requirements: a. Exceeding the allowable height limits; provided, that the fence, wall or structure is constructed of wrought iron, tubular steel or other similar material, and that the open, spatial and nonstructural area of the fence, wall or other similar structure constitutes at least eighty percent (80%) of its total area; b. Exceeding the allowable height limits on any corner lot; unless the city's traffic engineer determines that permitting the additional height would cause an unsafe traffic condition; c. Incorporation of ornamental features or architectural embellishments which extend above the allowable height limits; d. Exceeding the allowable height limits, when erected around schools and approved recreational uses which require special height considerations; e. Exceeding the allowable height limits, in cases where it is determined that a negative impact occurs because of levels of noise, pollution, light or other encroachments on the rights to privacy, safety, security and aesthetics; f. Keeping within the character of the neighborhood and urban design of the city; g. Avoiding a walled-in effect in the front yard of any property in a residential district where the clear character of the neighborhood in front yard areas is one of open spaces from property to property; or h. Posing a safety hazard when there is a driveway on the petitioner's property or neighbor's property adjacent to the proposed fence, wall or similar structure. 4. Additional building height in commercial districts are subject to the standards in Chapter 21A.26 of this title. 5. Additional foothills building height, including wall height, shall comply with the standards in Chapter 21A.24 of this title.

46 6. Additional residential building height, including wall height, in the R-1 districts, R-2 districts and SR districts shall comply with the standards in Chapter 21A.24 of this title. 7. Any alternative to off street parking not listed in Chapter 21A.44 of this title intended to meet the number of required off street parking spaces. 8. Barbed wire fences may be approved subject to the regulations of Chapter 21A.40 of this title. 9. Conditional home occupations subject to the regulations and conditions of Chapter 21A.36 of this title. 10. Dividing existing lots containing two (2) or more separate residential structures into separate lots that would not meet lot size, frontage width or setbacks provided: a. The residential structures for the proposed lot split already exist and were constructed legally. b. The planning director agrees and is willing to approve a subdivision application. c. Required parking equal to the parking requirement that existed at the time that each dwelling unit was constructed. 11. Use of the front yard for required parking when the rear or side yards cannot be accessed and it is not feasible to build an attached garage that conforms to yard area and setback requirements, subject to the standards found in Chapter 21A.44 of this title. 12. Grade changes and retaining walls are subject to the regulations and standards of Chapter 21A.36 of this title. 13. Ground mounted central air conditioning compressors or systems, heating, ventilating, pool and filtering equipment located in required side and rear yards within four feet (4') of the property line. The mechanical equipment shall comply with applicable Salt Lake County Health Department noise standards. 14. Hobby shop, art studio, exercise room or a dressing room adjacent to a swimming pool, or other similar uses in an accessory structure, subject to the following conditions: a. The height of the accessory structure shall not exceed the height limit established by the underlying zoning district unless a special exception allowing additional height is allowed.

47 b. If an accessory building is located within ten feet (10') of a property line, no windows shall be allowed in the walls adjacent to the property lines. c. If the accessory building is detached, it must be located in the rear yard. d. The total covered area for an accessory building shall not exceed fifty percent (50%) of the building footprint of the principal structure, subject to all accessory building size limitations. 15. In line additions to existing residential or commercial buildings, which are noncomplying as to yard area or height regulations provided: a. The addition follows the existing building line and does not create any new noncompliance. b. No additional dwelling units are added to the structure. c. The addition is a legitimate architectural addition with rooflines and exterior materials designed to be compatible with the original structure. 16. Operation of registered home daycare or registered home preschool facility in residential districts subject to the standards of Chapter 21A.36 of this title. 17. Outdoor dining in required front, rear and side yards subject to the regulations and standards of Chapter 21A.40 of this title. 18. Razor wire fencing may be approved subject to the regulations and standards in Chapter 21A.40 of this title. 19. Replacement or reconstruction of any existing noncomplying segment of a residential or commercial structure or full replacement of a noncomplying accessory structure provided: a. The owner documents that the new construction does not encroach farther into any required rear yard than the structure being replaced. b. The addition or replacement is compatible in design, size and architectural style with the remaining or previous structure. 20. Underground building encroachments into the front, side, rear and corner side yard setbacks provided the addition is totally underground and there is no visual evidence that such an encroachment exists. 21. Window mounted refrigerated air conditioner and evaporative swamp coolers located in required front, corner, side and rear yards within two feet (2') of a property line shall comply with applicable Salt Lake County Health Department noise standards.

48 22. Vehicle and equipment storage without hard surfacing in the CG, M-1, M-2 or EI districts, subject to the standards in Chapter 21A.44 of this title. 23. Ground mounted utility boxes may be approved subject to the regulations and standards of Section 21A of this title. SECTION 4. Effective Date. This ordinance shall become effective on the date of its first publication Passed by the City Council of Salt Lake City, Utah, this day of, ATTEST AND COUNTERSIGN: CITY RECORDER CHAIRPERSON Transmitted to Mayor on. Mayor's Action: Approved. Vetoed. MAYOR CITY RECORDER (SEAL) Bill No. of Published:. APPROVED AS TO FORM Salt Lake City Attorney s Office Date: By: Paul C. Nielson, Senior City Attorney HB_ATTY-#42480-v6-Ordinance_amending_GMUB_regulations.DOCX

49 3. City Council Public Hearing Notice

50 NOTICE OF PUBLIC HEARING PLNPCM Ground Mounted Utility Box Text Amendment - A request by Salt Lake City Mayor Ralph Becker for Zoning Ordinance text amendment. The purpose of this petition is to ensure that the City has reliable access to telecommunication networks and state of the art communication services while ensuring installations are achieved in a manner that preserves the intrinsic aesthetic qualities of the community and is accomplished according to zoning, planning and design standards. The amendment will affect Chapter 21A.02 Title, Authority, Purpose and Applicability; Section 21A Ground Mounted Utility Boxes and Section 21A Special Exceptions Authorized of the zoning ordinance. Related provisions of Title 21A- Zoning may also be amended as part of this petition. As part of their study, the City Council is holding an advertised public hearing to receive comments regarding the petition. During this hearing, anyone desiring to address the City Council concerning this issue will be given an opportunity to speak. The hearing will be held: DATE: TIME: 7:00 p.m. PLACE: Room 315 City & County Building 451 South State Street Salt Lake City, Utah If you have any questions relating to this proposal or would like to review the file, please call Everett Joyce at between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or via at everett.joyce@slcgov.com The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the City Council Office at council.comments@slcgov.com, , or relay service 711.

51 4. Mailing Labels

52 Erin Youngberg Westpointe 1910 Bridge Crest Circle Salt Lake City UT Michael Iverson Central City 210 South 300 East, #116 Salt Lake City UT Kim Peterson East Bench 3069 Carrigan Canyon Dr Salt Lake City UT Blake Perez Rose Park 768 N Oakley St Salt Lake City UT Esther Hunter East Central 606 Trolley Square Salt Lake City UT Amy Barry Sugar House 1178 Ramona Ave Salt Lake City UT Jo Ann Anderson Jordan Meadows 1590 Spring St Salt Lake City, UT Esther Hunter East Central 606 Trolley Square Salt Lake City UT JD Smith 21st & 21st Business District 2157 East 2100 South, Suite A Salt Lake City, UT Steve Johnson Fairpark 861 West 300 North Salt Lake City UT Michael Cohn East Liberty Park PO Box Salt Lake City UT Gene Fitzgerald Federal Heights 1385 Butler Ave Salt Lake City, UT Andrew Johnston Poplar Grove 716 Glendale St Salt Lake City, Utah Jeff Bair Liberty Wells PO Box Salt Lake City UT Mary Mark 88 'G' St Salt Lake City, UT Randy Sorenson Glendale 1184 S Redwood Dr Salt Lake City UT Lynn Kennard Pershing, PhD Yalecrest 1715 Laird Ave Salt Lake City UT Phillip Carroll 89 'G' St Salt Lake City, UT Eric Jergensen Capitol Hill 53 East 200 North Salt Lake City UT Michael Dodd Wasatch Hollow 1577 East 1700 South Salt Lake City UT Mike Lawrence PO Box Salt Lake City, UT Mary Ann Wright Greater Avenues Mike Ely Sunnyside East 2345 East 900 South Salt Lake City UT Ray Ownbey 535 Second Ave Salt Lake City, UT D Christian Harrison Downtown 336 W Broadway #308 Salt Lake City UT Ellen Reddick Bonneville Hills 2177 Roosevelt Ave Salt Lake City UT Steve Proper, Comcast 9602 South 300 West Salt Lake City, UT Elke Phillips Ball Park 839 S Washington St Salt Lake City UT Denise Doxey Foothill / Sunnyside 2028 E Laird Dr Salt Lake City, UT Judy Henry, Level 3 Communications 1025 Eldorado Blvd Broomfield, CO 80021

53 Jessica Revelle, Sprint Communications 6550 Sprint Prkwy Overland Park, KS Georganne Weidenbach, CenturyLink 250 Bell Plaza Room 1603 Salt Lake City, UT Kris Bahr 511 E. First Avenue #401 Salt Lake City, UT Dave & Peg Alderman 1217 E. Fourth Avenue Salt Lake City, UT Patricia Lawrence 70 'F' Street Salt Lake City, UT Alene Bentley Rocky Mountain Power 201 S Main St Suite 2300 Salt Lake City, UT Craig Skinner Verizon Wireless 9656 South Prosperity Rd West Jordan, UT Sharon M. Bertelsen One Utah Center, Suite 800 Salt Lake City, UT Salt Lake City Planning Everett Joyce PO BOX Salt Lake City, UT PLNPCM Ground Mounted Utility Boxes Ordinance

54 5. Planning Commission

55 5 A. Planning Commission Notice and Agenda December 10, 2014

56 4770 S W. WEST VALLEY CITY, UTAH FED.TAX J.D.# WW>'/ SLifiB.COM PROOF OF PUBLICATION MEDI Deseret News A t.lv.'~f'ai"l~ t.gl/il) WWW O{~tklltlli'/~.C0/.1,, I'll" ', I,' I tlj A(> tl I \!It, If. ( f> 1' CUSTOMER'S COPY PLANNING DIVISION, 451 SOUTH STATE STREET, ROOM /2014 SALT LAKE CITY UT Notice of P~bllc Hearing OnlJeeember 10, 2014 at5,30 p.m. In room 326 of the Cit. and County Building, 451 South State Street Salt Lake c1;f UT the Salt Lake City Planning Commission will hold 0 publlt' i hearing to consider making recommendations to the Citv Council regarding the following petitions, : ~ 1. Ground Mounted Utility Boxes Text Amendment - A re ue ; by Mayor Ralph Becker for zoning text amendment relat~d f<i regulating and processing requests for ground mounted utility 1 boxes. The amendm~ent will provide a more streamlined 0 ~ proach for administrative approval of lmoii scale utility bo~' i ed In H1e public way and encourages utility boxes to be locat.. e on private property, The text amendment could affect all areas within the city. Related provisions of the City Code may also be amended as part of this petition. JStaff contact ev; erett Joyce at {801 ) or everett.joyce@slcgov co!ti.). Case number PLNPCM in room 326 oj ~;_!~~h Strip tlonds<op1ng - A request by the City Council to~ e wa er w 1 se 1 andscaptng code, The purpose of the hmendment Js to simplify fue ordinance, Increase the allowe~ elght of pdlants and obfects In the parkstrlp, clarily regula regar lng water being provided to trees In the 11ons partv strip. Other related provisions to Title 21A may be modified as part of this proposal. The prorosed application Is 11 COL U M wtae {~tall contact. Doug Dansie a {801)535-l>lS2dlr. &J. g. ans,e@slcgov.com.) Case number Pl.NPCM RMU-35 and RMU-45 Zoning Dlstrtcl Chonges A re by the <:tty Council for modifications to the RMU-35 and ~)tj~ 45 Residential/Mixed Use zoning districts. The amendments 1 will allow for more density, modify the existing building set ' backs, lower the building height In certain Instances that ma, b.e approyed through the conditional building and site deslg~ 1 review process, adding design standards and clarify other 'sections of 21 A.24. Other related provisions of Title 21 A may be modified as part of this prpp,osal.. {Stoff contact, John.Anderson at {801) or rohn.anderson@slcgo, v.com.) Case number PlNPCM T~~ ~tty & County Building Is on accessible facility. People w sabilltjes may make requests for reasonable accommo~ dation, whidl may Include alternate formats Interpreters or~~ other ouxb11jaty aids and servjces. Please ~ake request~ a eas 1 fvto uslness days fn advance. To make a re uest please contact the Planning Office at ~ ' loy service 711. ' re~ ~ ~=- AFFIDAVIT OF PUBLICATION AS NEWSPAPER AGENCY COMPANY, LLC dba MEDIAONE OF UTAH LEGAL BOOKER, I CERTIFY THAT THE ATTACHED ADVERTISEMENT OF Notice of Public Hearing On December 10, 2014 at 5:30p.m. in room 326 of the City and County Building, 451 South State Street, Salt Lal<e City, UT the Salt Lak FOR PLANNING DIVISION, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba MEDIAONE OF UTAH, AGENT FOR THE SALT LAKE TRIBUNE AND DESERET NEWS, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UT AHLEGALS.COM INDEFINATEL Y. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-!01; PUBLISHED ON Start 11/29/20 14 End 11/29/2014 SIGNATURE DATE 1211/2014 THIS IS NOT A STATEMENT BUT A "PROOF OF PUBLICATION" PLEASE PAY FROM BILLING STATEMENT

57 SALT LAKE CITY PLANNING DIVISION 45I S STATE STREET ROOM 406''' PO BOX I45480 SALT LAKE CITY UT 84II :if; RETURN SERVICE REQUESTED ')IIi ~ ; ' ~ i ) i i \ ~~:;sident 757 E SOUTH TEMPLE ST L _; :L / 4 ], J 3 g ~:! Ill\\ i Ill! I! Ill\ II!\ illll! I I I I \I i I!IJllll I! l!l'!!i i,ill I Iii IIIJll /l I I Salt Lake City Planning Division 451 S State Street, Room 406, PO Box , Salt Lal<e City, Utah Salt Lal{e City Planning Commission Wednesday, December :30p.m. Room 326 of the City and County Building Ground Mounted Utility Boxes Text Amendment - A request by Mayor Ralph Becker for zoning text amendment related to regulating and processing requests for ground mounted utility boxes. The amendment will provide a more streamlined approach for administrative approval of small scale utility boxes in the public way and encourages utility boxes to be located on private property. The text amendment could affect all areas within the city. Related provisions of the City Cqtle may also be amended as part of this petition. (Staff contact: Everett Joyce at (801) or everett.joyce@slcgov.com.) Case number PLNPCM Salt Lake City Corporation complies with all ADA guidelines. People with disabilities may make requests for reasonable accommodations no later than 48 hours in advance in order to attend this meeting. Accommodations may include: alternative fo mats, interpreters, and other auxiliary aids. This is an accessible facility.

58 AMENDED SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA In Room 326 of the City & County Building 451 South State Street Wednesday, December 10, 2014, at 5:30 p.m. (The order of the items may change at the Commission s discretion.) The field trip is scheduled to leave at 4:00 p.m. Dinner will be served to the Planning Commissioners and Staff at 5:00 p.m. in Room 126 of the City and County Building. During the dinner break, the Planning Commission may receive training on city planning related topics, including the role and function of the Planning Commission. Dinner Session 1. Training - Mr. Paul Nielson, City Attorney, will conduct training on the Open Public Meeting Act. PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM IN ROOM 326 APPROVAL OF MINUTES FOR NOVEMBER 12, 2014 REPORT OF THE CHAIR AND VICE CHAIR REPORT OF THE DIRECTOR Administrative Matters 1. AC Condenser Placement at approximately 1547 E Harvard Avenue - A request by Tyler Myers, the contractor representing the owner of the above property, for a Special Exception for an AC condensers unit closer than 4' to the property line within the required side yard of the subject property. The subject property is zoned R-1/5000 Single Family Withdrawn Residential. This type of project must be reviewed as a Special Exception. The subject property is within Council District 6, represented by Charlie Luke. (Staff contact: Amy Thompson at (801) or amy.thompson@slcgov.com.) Case number PLNPCM Church of Scientology Conditional Use at approximately 709 E. South Temple Street - A request by Ray Quinney & Nebeker, P.C., representing The Church of Scientology for Conditional Use approval to operate a place of worship (less than four acres in size) within an existing office building located at the above address. The subject property is located in RO (Residential Office) zoning district and is located in Council District #3, represented by Stan Penfold. (Staff contact: Maryann Pickering at (801) or maryann.pickering@slcgov.com). Case number PLNPCM Capitol Heights Planned Development at approximately 214 East 10th Ave - A request by Rob White (Sugar House Architects) and Phil Winston (Northstar Builders) for approval from the City to develop three new single family residential lots located at the above address. Currently the land is occupied by one single family dwelling. This type of project must be reviewed as a Planned Development and Preliminary Subdivision Plat. The subject property is within Council District 3 represented by Stan Penfold. (Staff contact: Casey Stewart at (801) or casey.stewart@slcgov.com.) Case numbers PLNSUB and a. Planned Development (PLNSUB ) - a request to modify public street frontage requirements, building setbacks, and front façade requirements for the three new lots/buildings lots. b. Preliminary Subdivision Plat (PLNSUB ) - a request for preliminary approval of the related subdivision plat for the three new residential lots.

59 Legislative Matters 4. Ground Mounted Utility Boxes Text Amendment - A request by Mayor Ralph Becker for zoning text amendment related to regulating and processing requests for ground mounted utility boxes. The amendment will provide a more streamlined approach for administrative approval of small scale utility boxes in the public way and encourages utility boxes to be located on private property. The text amendment could affect all areas within the city. Related provisions of the City Code may also be amended as part of this petition. (Staff contact: Everett Joyce at (801) or everett.joyce@slcgov.com.) Case number PLNPCM RMU-35 and RMU-45 Zoning District Changes - A request by the City Council for modifications to the RMU-35 and RMU-45 Residential/Mixed Use zoning districts. The amendments will allow for more density, modify the existing building setbacks, lower the building height in certain instances that may be approved through the conditional building and site design review process, adding design standards and clarify other sections of 21A.24. Other related provisions of Title 21A may be modified as part of this proposal.. (Staff contact: John Anderson at (801) or john.anderson@slcgov.com.) Case number PLNPCM Work Session 6. Park Strip Landscaping - A request by the City Council to amend the water wise landscaping code. The purpose of the amendment is to simplify the ordinance, increase the allowed height of plants and objects in the park strip and clarify regulations regarding water being provided to trees in the park strip. Other related provisions to Title 21A may be modified as part of this proposal. The proposed application is city wide. (Staff contact: Doug Dansie at (801) or doug.dansie@slcgov.com.) Case number PLNPCM The files for the above items are available in the Planning Division offices, room 406 of the City and County Building. Please contact the staff planner for information, Visit the Planning Division s website at for copies of the Planning Commission agendas, staff reports, and minutes. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified, which usually occurs at the next regularly scheduled meeting of the Planning Commission. Planning Commission Meetings may be watched live on SLCTV Channel 17; past meetings are recorded and archived, and may be viewed at The City & County Building is an accessible facility. People with disabilities may make requests for reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary aids and services. Please make requests at least two business days in advance. To make a request, please contact the Planning Office at , or relay service 711.

60 5 B. Planning Commission Staff Report December 10, 2014

61 Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: Salt Lake City Planning Commission From: Everett Joyce Date: December 10, 2014 Re: PLNPCM , Ground Mounted Utility Boxes Text Amendment PROPERTY ADDRESS: Citywide PARCEL ID: Citywide MASTER PLAN: Citywide ZONING DISTRICT: Citywide All Zoning Districts Zoning Text Amendment REQUEST: Salt Lake City Mayor Ralph Becker is requesting a text amendment relating to regulating and processing of ground mounted utility boxes. The text amendment would be citywide. The amendment will affect various sections of the Zoning Ordinance (Title 21A). The Planning Commission is required to transmit a recommendation to the City Council for the Zoning Text Amendment request. RECOMMENDATION/MOTION: Based on the information and findings in this staff report, public input and discussion I move to transmit a favorable recommendation to the City Council to adopt the proposed zoning text amendment relating to ground mounted utility boxes. ATTACHMENTS: A. Existing Ordinance B. Proposed Regulation Changes C. Utility Box in Public Way Flow Chart D. Utility Box Analysis E. Analysis of Standards F. Public Process and Comments Open House Comments Open City Hall Comments G. Historic Landmark Commission Briefing H. Dept. Comments I. Motions PROJECT DESCRIPTION: Electrical and telecommunication systems use ground mounted utility boxes to provide services to residents, businesses and public facilities within the city. There will be increases in residential, commercial and industrial uses associated with future population growth. This growth will require upgrades and new equipment to provide the demand for electrical services. Ground mounted utility box demand will continue in response to future electrical service needs. Advancements in telecommunication systems have changed the world immensely. People now have multiple ways to see and hear what is happening around the world in real time. As service providers SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM PO BOX SALT LAKE CITY, UT TEL FAX

62 establish high tech network infrastructure or upgrade existing services, they are doing it by running lines along utility poles and/or in underground conduits that terminate in equipment boxes or cabinets throughout the city. These utility boxes are sites where lines can be serviced. In July of 2010, Salt Lake City Council adopted amendments to the Zoning Ordinance, refining the regulations for the placement of ground mounted utility boxes on both private and public property. The regulations currently include design criteria, and establish a conditional use review process to approve such requests. The revisions in 2010 incentivized locating the boxes on private property rather than in park strips by creating an easier review process for boxes installed on private property. The Planning Division has found that the conditional use review process has given the public the impression that their voice can have a major influence on whether the use is allowed when in fact utility boxes generally must be approved and the conditional use process allows the public to voice comments relating to location and design of the structures. Conditional uses can only be denied when it is found that reasonably anticipated detrimental effects cannot be mitigated. The City s Land Use Hearing Officer has considered a few appeal cases regarding this type of conditional use application. The question is not whether the utility boxes should be allowed. The Hearing Officer has determined that they can be. The question is where they should be located and the design of the boxes. Based on this decision by the Appeals Hearing Officer, the city is now looking at how to regulate the installation of commercial or private utility boxes in the public way to see if additional regulations should be adopted. The City is looking at how to establish a more predictable and consistent review process for the installation of ground mounted utility boxes. The new standards are intended to ensure the community has access to reliable utility services while ensuring installations are achieved in a manner that preserves the aesthetic quality of the City. The boxes might be more noticeable when they are first installed, but over time, their appearance may be seen as part of the urban environment. The proposal also aims to encourage the installation of less visible boxes by streamlining the approval process for boxes located on private property or in alleys, and smaller boxes in park strips. The amendment will affect section 21A Applicability, section 21A : Ground Mounted Utility Boxes, and section 21A : Special Exceptions of the zoning ordinance. Summary of Changes Under Consideration Tiered Review Process: Over-the-Counter permit for boxes located on private property and right of ways not adjacent to a public street. Established Over-the-Counter permit for smaller boxes meeting specific standards within the public right of way. Replaces conditional use review process with special exception review process for larger boxes in park strips and for multiple boxes along street frontages where they are more visible. Clarify existing language. Approvals for ground mounted utility boxes are conditioned on service providers ensuring the boxes are properly maintained. KEY ISSUES: The key issues listed below have been identified through the analysis of the project, neighbor and community input and department review comments. 1. Existing Conditional use process Page 2

63 The current zoning regulations require a conditional use review process that includes a public hearing to make a decision on such requests. The regulations incentivize locating boxes on private property rather than in park strips by creating an easier review process for boxes installed on private property. The Planning Division has found that in some cases, very few people comment on these types of projects. In addition, the conditional use process has given some people the impression that their voice can influence whether or not the use is allowed. However, State Law states that conditional uses generally must be approved if any detrimental effects can be mitigated. The City s Appeals Hearing Officer has made a determination that the utility boxes should be allowed, and the purpose of the review is to apply conditions to specific installations to mitigate impacts. In most cases the impacts are visual in nature or location dependant. The typical manner in which these impacts are addressed are by painting the boxes a neutral color or locating them where they do not create a hazard to pedestrians, bicyclists or drivers or where they are the least likely to impact the roots of street trees. The proposed text amendment defines certain ground mounted utility boxes as permitted uses. Those utility boxes that do not meet criteria to be a permitted use shall require special exception approval rather than the conditional use process. 2. Obtrusive and unattractive Comments received through Open City Hall stated that utility boxes should be located in the parking strip, as close as possible to the boundary between houses and be either underground or as small and unobtrusive as possible. The proposed text requires utility boxes within the public way be of a limited size and located within fifteen feet of an interior lot line. Utility boxes that do not meet these standards must be processed as a special exception. 3. Minimize the size Comments received identified that the utility boxes should be reduced in size. The existing text requires conditional use approval however the text does not have any size limitations to for ground mounted utility boxes. The proposed text establishes that smaller utility boxes less than 3 feet in height with a footprint of 4 square feet or less than 2 feet in height with a footprint of 8 square feet should be permitted within the public way. This action incentivizes the use of smaller utility boxes within the public way. 4. Same neutral color Utility boxes should all be the same neutral color for ease of graffiti removal The proposed text states that utility boxes should be a neutral color, those typical of utility boxes and be coated with a graffiti resistant treatment. The proposed text also has a post-installation obligation for maintenance of utility boxes since they do not need to be approved through the special exception process. DISCUSSION: Utility infrastructure provides a service to the community. From previous text amendments for ground mounted utility boxes Staff found that a majority of the cities in the region rely on a franchise agreement with the utilities wherein a staff member from the engineering or public utility division will review plans to determine if the proposed box would impact other utilities or sight lines in the right-of-way. If a resident is troubled by the location of a box, it is generally a matter left between the utility provider and the property owner to resolve. Salt Lake City regulates ground mounted utility boxes through the zoning ordinance. Certain utility boxes are permitted and utility boxes in the public way require conditional use approval. Page 3

64 The proposed regulations for ground mounted utility boxes address three different aspects of how utility boxes are regulated. These are exempt utility boxes, those allowed as a permitted use and those allowed through the special exception process. Exempt Utility Boxes There are certain situations where a utility box shall be exempt from City zoning regulations. This exemption includes ground mounted utility boxes installed by a governmental entity in the public right of way for public safety and management purposes, such as traffic control devices, utility boxes for lighting and parking meters. All other ground mounted utility boxes are not exempt and are subject to section 21A , "Ground Mounted Utility Boxes". The rationale for the exemption is that the location options for a public necessity such as a traffic control box are limited, and many times the health safety and welfare need for the box outweighs the visual impacts. Allowed Utility Boxes There are certain situations where a utility box shall be processed as a permitted use, meaning they would only need to receive a building permit as required by the International Building Code and or a public way permit. The following utility boxes are allowed: On private property when: a) Below grade. b) Within the buildable area of a lot, rear yard or side yard. c) Behind required front and corner side yards or within five feet of a building when front and corner side yards are not required. d) Within a utility easement. e) Within a private right of way. In the Public Right of Way when: a) Below grade. b) Less than three feet in height and a footprint of four square feet or less than two feet in height and a foot print eight square feet. If there are three or more boxes existing on the block face, then special exception approval is required. c) In a public alley. The staff rationale for recommending that boxes meeting the above criteria be allowed as a permitted use is based on the following: The general purpose of this regulation is to support utility infrastructure that provides a service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. The location and size requirements help to mitigate the visual impact of the boxes on surrounding neighborhood. The visual impacts of subterranean boxes and boxes located within an enclosed building have been eliminated by virtue of their being enclosed. Boxes located within the buildable area should be allowed no differently than any other type of mechanical equipment such as an air conditioner or heating unit. The proposed a new standard limits the visual impact of the boxes. Staff is recommending using criteria that limits the number of ground mounted utility boxes per block face to three boxes. Special Exception All utility boxes not allowed as permitted uses or that are exempt would be reviewed as a special exception. This may be an administrative process unless there is an appropriate issue from abutting property owners, in which case the special exception application would be processed through the Planning Commission with a public hearing. Page 4

65 The rationale for the special exception process was discussed previously in this staff report. The special exception process should establish a more predictable and consistent review process for qualifying utility box applications. Another rationale for the special exception process is that there is an administrative element which can help to streamline the approval process, particularly within industrial and business park areas where larger utility equipment serves individual properties and are more common. Certificate of Appropriateness An aspect of the existing ground mounted utility ordinance is the requirement of a Certificate of Appropriateness where applicable. This element will remain and is an additional requirement for properties subject to the Historic Preservation Overlay District (21A.34). NEXT STEPS: The Planning Commission action to recommend approval or denial of the proposed text amendment will be transmitted to the City Council for final action. If approved by the City Council, applicants for ground mounted utility boxes that meet the standards for allowed utility boxes will need to obtain the appropriate permits and those applicants whose ground mounted utility box do not meet the standards for an allowed utility box will be required to obtain special exception approval based upon the special exception standards. If denied by the City Council, applicants would need to meet the existing ordinance requirements. Those boxes that are processed as conditional uses will likely be required to be approved based upon the findings of the Salt Lake City Appeals Hearing Officer regarding ground mounted utility boxes. Page 5

66 ATTACHMENT A: EXISTING ORDINANCE Chapter 21A.02 TITLE, AUTHORITY, PURPOSE AND APPLICABILITY 21A : APPLICABILITY: A. General Applicability: The provisions of this title shall apply to all of the land area within the corporate limits of Salt Lake City, as indicated on the zoning map as provided in chapter 21A.22 of this title. Except as expressly provided in this title, no development shall be undertaken without prior zoning approval pursuant to the provisions of this title. B. Exemptions: The following properties, uses and structures shall, to the extent provided by law, be exempt from the regulations of this title: 1. Properties Of The State Of Utah Or Federal Government: Properties owned and occupied by the state of Utah or the United States. Where laws applicable to such properties require the property owner to take reasonable steps to comply with local regulations, this exemption shall not be construed to abrogate that requirement. 2. Utility Installations: Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or stormwater when owned, operated and/or maintained by a governmental entity or a public utility. Such installations shall comply with federal communications commission and federal aviation administration rules and regulations and those of other authorities having jurisdiction. This exemption shall not apply to section 21A , "Ground Mounted Utility Boxes", of this title. 3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way, and maintenance and repair work on such facilities and equipment. (Ord , 2008: Ord (1-5), 1995) 21A : GROUND MOUNTED UTILITY BOXES: A. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the following regulations unless exempted within section 21A , "Applicability", of this title or where limited by other provisions of this title. B. Definition: "Ground mounted utility boxes" shall mean such facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment used for the transmission or operation of underground public utilities. C. Allowed Use: Ground mounted utility boxes proposed as follows, shall be allowed in all zoning districts: 1. Subterranean utility boxes located entirely on private property. 2. Utility boxes located entirely within an enclosed building or structure. Page 6

67 3. Ground mounted equipment required to serve a single commercial customer located behind minimum setback or within five feet (5') of a building. 4. Utility boxes for essential public uses such as traffic control boxes, installed by or with permission of Salt Lake City Corporation. 5. Ground mounted utility boxes located within the front line public utility easement or on private property within a private easement which is mutually acceptable to both the property owner and the utility. The equipment shall not be located within two feet (2') of the sidewalk. D. Conditional Use: Conditional use review is required for all ground mounted utility boxes not specifically addressed in subsection C of this section. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria: 1. Location: Utility boxes shall be located and designed to reduce its visual and environmental impacts on the surrounding properties. 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. 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. 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. 5. Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. 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. 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. (Ord , 2010) Page 7

68 ATTACHMENT B: PROPOSED REGULATION CHANGES PROPOSED TEXT CHANGES - GROUND MOUNTED UTILITY BOXES NOTE: Underlined text is new proposed text while strikethrough text is proposed to be deleted. 21A : APPLICABILITY: Title 21A ZONING A. General Applicability: The provisions of this title shall apply to all of the land area within the corporate limits of Salt Lake City, as indicated on the zoning map as provided in chapter Chapter 21A.22 of this title. Except as expressly provided in this title, no development shall be undertaken without prior zoning approval pursuant to the provisions of this title. B. Exemptions: The following properties, uses and structures shall, to the extent provided by law, be exempt from the regulations of this title: 1. Properties Of of The State Of of Utah Or or Federal Government: Properties owned and occupied by the state State of Utah or the United States. Where laws applicable to such properties require the property owner to take reasonable steps to comply with local regulations, this exemption shall not be construed to abrogate that requirement. 2. Utility Installations: Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or stormwater when owned, operated and/or maintained by a governmental entity or a public utility. Such installations shall comply with federal communications commission and federal aviation administration rules and regulations and those of other authorities having jurisdiction. This exemption includes ground mounted utility boxes installed by a governmental entity in the public right of way for public safety and management purposes, such as traffic control devices, utility boxes for lighting and parking meters. All other ground mounted utility boxes shall not be exempt from the regulations of this title shall not apply and are subject to section Section 21A , "Ground Mounted Utility Boxes", of this title. 3. Railroad Facilities: Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right of way, and maintenance and repair work on such facilities and equipment. Page 8

69 21A : GROUND MOUNTED UTILITY BOXES: A. Purpose: Utility infrastructure provides a service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create. Of concern are the location, size and concentration of ground mounted utility boxes. The placement of ground mounted utility boxes should consider the location priority order below: In a location not readily visible from a street. In an alley located along the rear of adjacent properties. In a nonresidential location that may be visible from a street. In the park strip of a nonresidential property. In the park strip of a residential property. B. Compliance with Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section unless exempted within Section 21A of this title. C. Definition: "Ground mounted utility boxes" shall mean such equipment and facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment that extend over six inches above ground level used for the transmission or distribution of utilities. D. Location: Any ground mounted utility box shall not be located within one (1) foot of any sidewalk or eighteen (18) inches from the face of a control curb or obstruct any required sight distance triangles for driveways and intersections. E. Allowed Ground Mounted Utility Boxes: Ground mounted utility boxes proposed as follows shall be allowed in all zoning districts subject to subsection D of this section. 1. Private Property: On private property with permission of the property owner or representative at the following locations: a) Below grade utility boxes that do not extend greater than six inches above ground level. b) Within the buildable area of a lot, rear yard or side yard. c) Behind required front and corner side yards or within five (5) feet of a building when front and corner side yards are not required. d) Within a utility easement. e) Within a right of way when the location does not interfere with circulation functions of the right of way and subject to subsection E1c of this section. 2. Public Right of Way: The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Chapter of this code. Page 9

70 a) b) c) Below grade utility boxes that do not extend greater than six inches above ground level. A ground mounted utility box installed in a park strip or behind the sidewalk in the public way meeting the following criteria: i) A ground mounted utility box not exceeding a height of three (3) feet and a footprint of four (4) square feet, or a box not exceeding two (2) feet in height and a foot print of eight (8) square feet. ii) The pad for a ground mounted utility box shall not extend more than six (6) inches beyond the footprint of the box. iii) The ground mounted utility box is located within fifteen (15) feet of the interior lot line of an adjacent property. iv) No more than three (3) ground mounted utility boxes, excluding exempt utility boxes, shall be allowed on any one block face as defined in Chapter 21A.62 of this title, unless approved as a special exception. A ground mounted utility box installed in a public alley that does not interfere with the circulation function of the alley. F. Special Exception: Proposed ground mounted utility boxes not specifically addressed in Section E of this chapter or that do not meet the standards of section E may be approved as a special exception pursuant to Chapter 21A.52 of this title and the following requirements. 1. Application: A special exception application shall be made on a form prepared by the planning director or designee and submitted to the planning division, that includes required information and the following additional information: a. Described plan of the proposed ground mounted utility box: (1) Dimensions of box and footing/platform detail. (2) Location of contact information on the box. (3) Description of cabinet materials and finish treatment. b. A location analysis which identifies other sites considered as alternatives within five hundred (500) feet of the proposed location. The applicant shall provide a written explanation why the alternatives considered were either unavailable, or technologically or reasonably infeasible. 2. General Standards and Considerations for Special Exception Review of Ground Mounted Utility Boxes: No special exception application for a ground mounted utility box shall be approved unless the planning director or the planning director s designee determines that the ground mounted utility box satisfies the applicable standards related to size, spacing and/or location of the following criteria: a) Evidence that the existing ground mounted utility box location and/or size are within a pattern that allowing an additional or larger ground mounted utility box will not create a significant impact of the character of the area. b) Evidence submitted that shows another location is not practical to service the subject c) d) area. Sufficiently demonstrates the reason that the larger cabinet is necessary. Demonstrates that the subject block face location is the only feasible location for the ground mounted utility box based on technical or physical constraints. Page 10

71 e) f) g) Ground mounted utility boxes are spaced in such a manner as to limit the visual impact of the box when viewed from the street or an adjacent property. The location will not obstruct access to other installed utility facilities. The additional cabinet is compatible in design and size with the existing ground mounted utility boxes in the area. G. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment. H. Post-Installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider s responsibility to keep in a state of good visual quality and repair. 1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider s/owner s franchise agreement with the city. If the terms of nay franchise agreement conflict with the provisions of the Title 21A, the ordinance regulations shall prevail and govern. 2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right-of-way discontinues the use or has no defined need for said box, it is that service provider/owner s sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements. 3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider s name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment. 4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in a clean and safe condition. A service provider shall repair any damage to a ground mounted utility box within 72 hours after discovering or being notified of such damage to a box. I. Other City Permits: Additional city permits may be required. 1. No construction shall be undertaken without the applicable city permits and public way permits. 2. Certificate of Appropriateness: Any ground mounted utility box located within an area subject to Section 21A , "H Historic Preservation Overlay District", of this code must obtain a certificate of appropriateness before the box may be installed. Page 11

72 A. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the following regulations unless exempted within section 21A , "Applicability", of this title or where limited by other provisions of this title. B. Definition: "Ground mounted utility boxes" shall mean such facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment used for the transmission or operation of underground public utilities. C. Allowed Use: Ground mounted utility boxes proposed as follows, shall be allowed in all zoning districts: 1. Subterranean utility boxes located entirely on private property. 2. Utility boxes located entirely within an enclosed building or structure. 3. Ground mounted equipment required to serve a single commercial customer located behind minimum setback or within five feet (5') of a building. 4. Utility boxes for essential public uses such as traffic control boxes, installed by or with permission of Salt Lake City Corporation. 5. Ground mounted utility boxes located within the front line public utility easement or on private property within a private easement which is mutually acceptable to both the property owner and the utility. The equipment shall not be located within two feet (2') of the sidewalk. D. Conditional Use: Conditional use review is required for all ground mounted utility boxes not specifically addressed in subsection C of this section. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria: 1. Location: Utility boxes shall be located and designed to reduce its visual and environmental impacts on the surrounding properties. 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. 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. 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. 5. Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. Page 12

73 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. 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. (Ord , 2010) 21A : SPECIAL EXCEPTIONS AUTHORIZED: 23. Ground mounted utility boxes may be approved subject to the regulations and standards of Section 21A of this title. Page 13

74 ATTACHMENT C: Proposed Utility Box in the Public Way - Flow Chart GROUND MOUNTED UTILITY BOXES LOCATED IN PUBLIC WAY I. I ---. Issues I Identified I If ~stork Locat~ I PIANNINC )t Ci!rtffia~of ~PI'Cfl'ioltenes.s PUBLIC WAY PERMIT GMU LLOWEO LOWPROn.ICABMT,S Footp1lnt a sq. ft TAUCAIIHET S Footprint <1-sq. It GMU SPECIAL EXCEPTION and/or I --- I ls~:es I I - c~rulbteot.applopriaten~s.l {lfhast011cl GMU 'XEMPTION S Utility box.. placod by agovormontlll entity in th right of Wllyfor ~blicpurpow. Page 14

75 ATTACHMENT D: UTILITY BOX ANALYSIS The information provided below shows an example of existing utility boxes and compares them with the proposed standards for allowed utility boxes within the public right of way. Utility boxes that exceed the standards proposed under the new ordinance would require special exception approval. Example Ground Mounted Utility Box Height Width Depth Footprint Height Proposed Size Limitations for Allowed Utility Boxes in the Public Right of Way 36 Tall Box Footprint 4 sq. ft. Low Profile Box Height 24 Footprint 8 sq. ft. Status sq. ft sq. ft. Complies sq. ft sq. ft. Exceeds Height & Footprint sq. ft sq. ft. Exceeds Height & Footprint 4a sq. ft sq. ft. Complies 4b sq. ft sq. ft. Complies sq. ft sq. ft. Complies sq. ft sq. ft. Complies 1. Tall Utility Box 2. Tall Utility Box 3 Tall Utility Box 4. a/b Low Profile 5. Low Profile 6. Low Profile Page 15

76 Morton Meadows Westpointe Subdivisions 700N 1700 N and 1700 W-2200 W Areas within Salt Lake City that developed with underground utilities have more ground mounted utility boxes than those areas developed with a mix of aerial utility services and ground mounted utilities. There are numerous electrical service boxes as well as telecommunication boxes. It is these subdivisions built with underground utilities that brought forward the consideration of allowing utility box spacing of up to three per block face for those that can be approved through the permit process. Page 16

77 ATTACHMENT E: ANALYSIS OF STANDARDS ZONING TEXT AMENDMENTS 21A : A decision to amend the text of this title or the zoning map by general amendment is a matter committed to the legislative discretion of the city council and is not controlled by any one standard. In making a decision concerning a proposed text amendment, the City Council should consider the following: Factor Finding Rationale 1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the city as stated through its various adopted planning documents; Complies While no adopted master plans for Salt Lake City specifically refer to ground mounted utility installations, some of them, such as the Capitol Hill Master Plan and the Central Community Master Plan, call for wellmaintained and adequate public utilities, buildings and facilities that are compatible with the surrounding area. In residential and other potentially high-impact districts, the proposed text amendment is structured so that all high impact utility boxes are reviewed for their 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. 5. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Complies Complies Complies Not Applicable compatibility and impact on the surrounding area. The proposed changes to the ordinance will further the purpose statements of the Zoning Ordinance by clarifying the requirements necessary for approval of a utility box. By making certain boxes allowed and others a special exception, the amendments provide decision makers with an opportunity to mitigate any impacts that the uses may have on specific neighbors or properties, while providing utility providers with a streamlined and more efficient permitting process. These modifications create standards and factors for consideration that will facilitate mitigation of adverse impacts on neighboring property owners. The proposed text amendment is not site specific, and is not associated directly with any overlay zoning districts. Where a particular installation is within an overlay zoning district, any applicable regulations of the overlay district must be met. Most local governments manage utility boxes through the local franchise agreement. Some entities provide additional zoning standards to regulate the placement of utility boxes. The proposed text amendment is citywide and does not apply directly to the development of any specific property. Page 17

78 ATTACHMENT F: PUBLIC PROCESS AND COMMENTS Open House Comments The Planning Division held an Open House on July 17, 2014 to receive input on the proposed text changes. The following comments were received through the Open House process. OPEN HOUSE Utility Boxes ATTENDANCE ROLL July 17, 2014 PRINT NAME,f-1-i-f--t-f--i J,L----=JJ=--<..<a""-'h:.. :_r ADDRESS 5/lf. I d Wv1/ 11 'll!f ZIP code rr 1 t;. PruNTNAME ADDRESS ZIP CODE PRINT NAME 3) Av ~ A L.U E. M A AJ ADDREss Av~ AJ v l ZIPCODE?J4!o3 D A V A~-JJfd..M/yi/<2--HO\;t'(d/t..., PRINTNAME ~. ADDRESS I d IJ (j)!'f'l ~OL.u':m~ Lf'f:1l b.lr ZIP CODE C6' \.f! 03 ho(fo{lutjQd~A'C ~ PRINT NAME fv\({c_~ ADDRESS (AWrQ.I\ CG (. 6 ' Go>( \l6l{ ') 5t.c vr ( ZIP CODE c -" 'i'--1 --=-1-\,7 PRINT NAME ADDRESS ZIP CODE _~ PruNTNAME ADDRESS ZIP CODE PruNTNAME ADDRESS ZIP CODE. PruNTNAME ADDRESS ZIP CODE Page 18

79 From: Phil Carroll To: Lew, Janice; Greater Avenues CC Chair; Penfold, Stan Subject: PLNPCM Date: Thursday, July 10, :11:26 PM Attachments: IMG_2879.JPG IMG_2880.JPG Janice, The above referenced Case Number pertains to "Text Amendments Relating to Ground Mounted Utility Boxes". I will not be able to attend the open house on July 17 so I went to the city web site but was unable to find any details. Could you send me the specific changes so I can comment. Avenues residents have become increasingly concerned about the placement of utility boxes in parking strips. The appeal pending at 511 E. First Avenue is a prime example. I have attached two pictures of a recently installed Century Link utility box at the Washington Elementary School, 200 West 400 South. You will notice that this Century link site while only a few months old has already been damaged. It is also incredibly intrusive. I think you would agree that placing this "box" in front of virtually any city residents home would be met with a strong protest. This amendment process should provide provisions to minimize the impact of these boxes. Century link and others need to do a better job. Required to do a better job if they are not going to be responsible community partners. I will appreciate any help in obtaining the specific of these amendments. Phil Carroll From: Lynn Schwarz [mailto:lsbx101@gmail.com] Sent: Tuesday, July 29, :15 AM To: Planning Web Site Comments Subject: Open House Fact Sheet: Ground Mounted Utility Boxes:PLNPCM To Whom It May Concern: I would like to make some comments about the information in the fact sheet. 1. It is hard to have an opinion when certain major parts are missing, i.e., on page 2, ,part A: no dimensions are given. 2. I like that on page 3, , part B, sec. 3, requires that the boxes have a graffiti-proof coating, as these boxes are graffiti magnets. 3. I would like to see some way of encouraging the use of artistic wraps, as I have seen a few, and they are quite nice. Thank you for your time. Lynn Schwarz Page 19

80 July 17, 2014 To whom it may concern; We are not happy with any changes that stream line approvals for private utilities boxes. Such approvals and permits should remain a conditional use. The public and especially the owners of private property should not have their property rights eliminated. Private utility boxes should not be considered the same as traffic semi-four boxes. Owners of private property should be protected from laws that take away their input. More public input should be encouraged not less when it comes to special overlay zones such as Avenues Historic Landmarks. People who own property in these areas are extra sensitive to proposed utility boxes and their appearance and upkeep. We do understand that utility boxes are necessary but they should be more uniform and maintained. Do not take away our rights to question the appearance of utility boxes and other uses on public right- of- way which affect the private owners property. Sincerely, Michael & Patricia Lawrence PO Box SLC, UT NOTE: GRAFFITI SOD AROUND ALL UNITS NEVER GREW BACK OR WAS NOT REPLACED UNITS NOT UNIFORM ALL BUT ONE LOOKS AS IF IT HAS BEEN PAINTED A NUMBER OF TIMES UGLY UNSIGHTLY Page 20

81 53 WEST 300 NORTH - GARNER 30 K STREET 473 I STREET 20 N Q STREET Page 21

82 Open City Hall flyer posted June through October 2014 Introduction Advancements in telecommunication systems have changed the world immensely. People now have multiple ways to see and hear what is happening around the world in real time. As service providers establish high tech network infrastructure or upgrade existing services, they are doing it by running lines along utility poles and/or in underground conduits that terminate in equipment boxes or cabinets throughout the city. These utility boxes are sites where lines can be serviced. In July of 2010, Salt Lake City Council adopted amendments to the Zoning Ordinance, refining the regulations for the placement of ground mounted utility boxes on both private and public property. The regulations currently include design criteria, and establish a conditional use review process to approve such requests. The revisions in 2010 incentivized locating the boxes on private property rather than in park strips by creating an easier review process for boxes installed on private property. This resulted in fewer private service providers requesting to locate equipment boxes in park strips. The effect of the changes to the ordinance was that in 2013, the city received only five (5) requests to install boxes in public rights-of-way (park strips). The Planning Division has found that the conditional use review process has given the public the impression that their voice can have a major influence on whether the use is allowed when in fact utility boxes generally must be approved and the conditional use process allows the public to voice comments relating to location and design of the structures. Conditional uses can only be denied when it is found that reasonably anticipated detrimental effects cannot be mitigated. The City s Land Use Hearing Officer has considered a few appeal cases regarding this type of conditional use application. The question is not whether the utility boxes should be allowed. The Hearing Officer has determined that they can be. The question is where they should be located and the design of the boxes. Based on this decision by the Appeals Hearing Officer, the city is now looking at how to regulate the installation of commercial or private utility boxes in the public way to see if additional regulations should be adopted. We intend to establish a more predictable and consistent review process for qualifying utility box applications. The Planning Division is seeking comments and suggestions regarding these needed changes to the City Code. Please consider the following questions: Have you noticed utility boxes in park strips and do you think they create a problem? Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? If the equipment boxes need to be in a residential neighborhood where should they be located? Should there be increased design criteria for residential vs. nonresidential locations? What type of mitigation measures would enhance the appearance of an installation site? SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM PO BOX SALT LAKE CITY, UT TEL FAX

83 The following report includes the comments received through the Open City Hall questions regarding ground mounted utility boxes. Ground Mounted Utility Boxes What are your thoughts about private utility boxes in park strips and other public way locations? All On Forum Responses sorted chronologically - As of October 20, 2014, 1:39 PM As with any public comment process, participation in Open City Hall is voluntary. The responses in this record are not necessarily representative of the whole population, nor do they reflect the opinions of any government agency or elected officials. Ground Mounted Utility Boxes What are your thoughts about private utility boxes in park strips and other public way locations? As of October 20, 2014, 1:39 PM, this forum had: Attendees: 169 On Forum Responses: 21 All Responses: 26 Hours of Public Comment: 1.3 Page 23

84 Name not shown inside Council District 5 August 1, 2014, 4:56 PM Have you noticed utility boxes in park strips and do you think they create a problem? I always notice them because they're so obtrusive and very unattractive. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Only if they are located underground. And, what do you mean by "encourage?'" Verbally encourage? Financially encourage? please define. I'm bothered by internet and telephone low hanging cables that run from a pole to my house and more cables from same pole to a neighbor's house which cut accross my property because the hookups are "centrally located.". Utilities always do what is easiet for them and it's difficult to get companies to make them look decent. Case in point: a looped length of cable about 15 feet wide that intrudes on my view of nearby trees. Rocky Mountain Power butchers the trees because they cut them so they don't have to do it again for several years. What has been done to our neighborhood trees to accomodate utilities is depressing If the equipment boxes need to be in a residential neighborhood where should they be located? Underground. If any other option is chosen, I will fight it. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? They should not be located in the public way. This isn't necessary. Utility companies may say that's what they need to do, based on a cheaper installation, however companies always choose the cheaper route. Should there be increased design criteria for residential vs. nonresidential locations? The design criteria should be: 1. underground 2. designed for safety concerns 3. engineered for easy access. What type of mitigation measures would enhance the appearance of an installation site? Place it underground. Other Comments How about specific background. Is there a (or multiple?) company requesting this? City government doesn't seem transparent when communicating about issues. City government frequently talks about making the city attractive. Getting rid of ugly poles and wires and preserving the beauty of our trees would help immensely Name not shown inside Council District 7 July 30, 2014, 3:42 PM Have you noticed utility boxes in park strips and do you think they create a problem? Obtrusive and uniformaly ugly and unnecessary. First poles and two wires followed by the addition of phone lines. Now we have all of this plus more "cable" wires which are now enhanced by the power company's pruning. We seem to be at the mercy of big business which will spare no expense (ours) to make money. location or implement spacing requirements? Underground If the equipment boxes need to be in a residential neighborhood where should they be located? Underground If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Underground Should there be increased design criteria for residential vs. nonresidential locations? Underground What type of mitigation measures would enhance the appearance of an installation site? Underground Other Comments Not only should all new installations be required to put underground but the existing lines should be phased out by requiring underground installation and subsequent pole removal. The power company and all of the associated companies should be required to use a portion of the money spent destroying the city's trees for this purpose. And don't give me the certified arborist story, these guys are a joke Richard Middleton inside Council District 3 July 17, 2014, 12:37 PM Have you noticed utility boxes in park strips and do you think they create a problem? Page 24

85 No Response Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? No Response If the equipment boxes need to be in a residential neighborhood where should they be located? No Response If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? No Response Should there be increased design criteria for residential vs. nonresidential locations? No Response What type of mitigation measures would enhance the appearance of an installation site? No Response Other Comments I was on a Civic Association board in Maryland that had to contend with this problem. Our boxes were in the park strip. We found that the utilities never coordinated, so boxes could be poorly located or obnoxiously clustered on one owner's strip, or interfere with trees and other landscaping. Some boxes used by the power company were both bulky and noisy, and greatly resented. We also found that residents did not appreciate their park strips being torn up whenever the utilities wanted to do maintenance. Overall, we got some relief from the visual clutter of multiple overhead lines, but not many service improvements, as the lines were above ground immediately outside our subdivision and so were still subject to outages during storms, damage from vehicle collisions, etc.. We ended up very much in two minds whether this really represented progress Randolph Holladay inside Council District 5 July 10, 2014, 7:10 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes, and I do not like the placement or profiles. In some locations they have been vandalized by people who are offended by their placement in prominent locations. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Neither, they should be in utility rights of way which are administered by the planners and NOT by the Transportation Dept. If the equipment boxes need to be in a residential neighborhood where should they be located? In the rear utility rights of way. This is where the utility poles and lines were supposed to be wherever possible. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? They should be unobtrusive, perhaps shielded by shrubbery and silent with no generators or gas motors inside. Should there be increased design criteria for residential vs. nonresidential locations? Yes! What type of mitigation measures would enhance the appearance of an installation site? See above Other Comments I reiterate: In residential neighborhoods where there are utility rights-of-way, all poles, cables and electric lines should be placed there. Quit paying the cable and power companies to destroy our urban forest! are alleys (utility rights-ofway) Sabrina Scott inside Council District 5 July 8, 2014, 7:55 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes, I've noticed and none that I've seen appear to create a problem visually or otherwise. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Yes. They play together on the poles, they can play nice together in the boxes too. Page 25

86 If the equipment boxes need to be in a residential neighborhood where should they be located? Where a utility easement exists at the rear of adjoining properties, at the base of the utility poles. Where no such easements exist and front entry is necessary, a low profile box with anti-grafitti properties seems the next best compromise. The best (which seems to always be deemed too expensive) would be in street pull boxes/manholes of sufficient size for telecomm workers to do their jobs. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Low, unobtrusive as possible. Safety enhancements where needed, such as posts or barriers surrounding boxes in parks and similar areas. Should there be increased design criteria for residential vs. nonresidential locations? Certainly residential criteria must account for visual, noise, and nuisance asthetics in residential areas. Nonresidential should not interfere with the permitted business use of the property. What type of mitigation measures would enhance the appearance of an installation site? Artfully disguised to fit in with its surroundings and if off-street (rear easement), professional, secure, and quiet. Generally as non-intrusive as is practical. Other Comments Why not ask for citizens to volunteer to accept placement of such boxes on their property? Some of us are extremely frustrated by the slow pace of broadband improvement and choice for residential users. You might find that crowdsourcing some of our needs may remove more barriers than you think. What could it hurt? Name not shown inside Council District 5 July 1, 2014, 5:09 PM Have you noticed utility boxes in park strips and do you think they create a problem? If they are not on public space they would be on private space. They have to go someplace. I read SLC is allowing a new one on 1st Ave. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? A fiber cable and conduit was put under the park strip on 900 east. SLC has no record of who did it and what it was for, or for that matter when it was done. Nice going. If the equipment boxes need to be in a residential neighborhood where should they be located? You just allowed one on 1st Ave, under protest. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Way to late for this question. Boxes have been around for years and years and years. Should there be increased design criteria for residential vs. nonresidential locations? I think this is a really silly question. What type of mitigation measures would enhance the appearance of an installation site? I don't understand the question. Other Comments It appears this is a run up to Google Fiber. Now are you not sneaky Judi Short inside Council District 5 June 22, 2014, 2:01 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes, they are very noticeable and create a problem Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Providers should share boxes. One box per block face if underground is not feasible. If the equipment boxes need to be in a residential neighborhood where should they be located? Page 26

87 On utility poles If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? They should all be the same color, so it is easy for the graffiti crew to paint them. The company that owns the box should be required to remove graffiti within 24 hours. Should there be increased design criteria for residential vs. nonresidential locations? Nonresidential it is easier to put the boxes in the rear, like a parking lot. Residential should have size requirements. Owners should be told what their responsibility is - like to call the grafitti team or maybe the company, there should be a regular process. What type of mitigation measures would enhance the appearance of an installation site? Neutral colors. People don't take care of their park strip now (you should be enforcin) so why do you think adding bushes to hide the boxes would make a difference. Other Comments Companies who need boxes should have work standards for employees, such as no parking in a pedestrian walkway while making repairs, pick up all nails, screws, wires, and other detritus before you leave the scene, do not leave your lunch sacks and pop cans on site, remove all of that and take it with you. Be respectful of the property Robert Barth inside Council District 5 June 19, 2014, 11:33 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes I have noticed them and yes they create a problem. Please see below. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Multiple providers sharing boxes will only create bigger, more unsightly boxes. If the equipment boxes need to be in a residential neighborhood where should they be located? Entirely underground at the street edge of the parking strip or in the street itself. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? The City should never allow ground mounted boxes in residential areas. The City forgets that we must maintain the parking strips at our own expense. This includes installing sprinkler systems and regular mowing or maintaining of plantings and hardscape. Having to mow around another object in the parking strip, simply because a utility provider finds it easier to use above ground boxes, seems unjust and unfair. Has the City forgotten that these installations are profit centers for some corporation and not a "public utility" in any sense of the term. These boxes provide a service to the public but are a functional part of a private enterprise. The City should think long and hard before imposing another esthetically disrupting and maintenance-interfering object in our neighborhoods. As these things stand now, they look like cheap radiators pathetically "disguised" with livid green paint. We can do better than this! Should there be increased design criteria for residential vs. nonresidential locations? The "increased design criteria" should be a requirement that these installations be entirely underground. Period. Decorating them is so condescending. What type of mitigation measures would enhance the appearance of an installation site? Requiring these boxes to be entirely underground and accessed by some kind of flat hatch, just like the City's sprinkler control valves and water meters are now. Why on earth would Salt Lake City's leaders allow a private company to impose an ugly nuisance of a "box" throughout neighborhoods that it hopes to enhance and beautify? This makes absolutely no sense to me. Other Comments Please don't let another private corporation disgrace the esthetics of our neighborhoods with ugly equipment simply for their convenience. Please don't let that same corporation attempt to convince the City that above ground green vinyl boxes are "necessary" in order to provide the public a service. And, last but not least, please don't let another private corporation bully and abuse our city the way Rocky Mountain Power does Name not shown inside Council District 5 June 19, 2014, 10:24 PM Page 27

88 Have you noticed utility boxes in park strips and do you think they create a problem? yes GRAFFITI magnets Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? make it pleasing If the equipment boxes need to be in a residential neighborhood where should they be located? hidden If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? low, blended color Antigraffiti models Should there be increased design criteria for residential vs. nonresidential locations? yes yes for residential What type of mitigation measures would enhance the appearance of an installation site? color, blend, antigraffiti model Other Comments No Response Name not shown inside Council District 7 June 19, 2014, 8:24 PM Have you noticed utility boxes in park strips and do you think they create a problem? yes they are bothersome visually and detract from our street experience Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? spacing requirements, and required art such as the photo example you have given If the equipment boxes need to be in a residential neighborhood where should they be located? artist painting commissioned by utility owner, and approved by art committee If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? height and color treatment to be made visually pleasant Should there be increased design criteria for residential vs. nonresidential locations? there should be increased criteria for any pedestrian environment. - commercial or residential - What type of mitigation measures would enhance the appearance of an installation site? artist commissioned to adorn the cabinets - one artist proposal for all cabinets in district or neighborhood - several cabinets can create unified artistic or theme Other Comments No Response Robert A Jones inside Council District 7 June 19, 2014, 7:44 PM Have you noticed utility boxes in park strips and do you think they create a problem? If they're too tall, they are ugly and a nuisance. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Yes. If the equipment boxes need to be in a residential neighborhood where should they be located? Page 28

89 They should be located in the ground in the parking strip, as close as possible to the boundary between houses and be either underground or as small and unobtrusive as possible. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Underground, or small, no tall, narrow boxes. Should there be increased design criteria for residential vs. nonresidential locations? Yes, residential boxes ought to be as unobtrusive as possible. What type of mitigation measures would enhance the appearance of an installation site? Underground or partially underground with only a few inches sticking up so providers can find the boxes. Other Comments No Response Name not shown inside Council District 1 June 19, 2014, 4:44 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes, and yes. Some are placed where they interfere with non-motorized traffic, some are just plain ugly, and some are moderated by other elements. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? I'm not sure competitors should be required to share a facility. I have experience that proves it unwise. Even noncompeting users often compete for available space. If the equipment boxes need to be in a residential neighborhood where should they be located? In the ground! I was part of a cable TV company which distributed across and to some locations in Forest Service land. We were required to be in the ground without exception. The technology existed 30 years ago and has only improved since. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? As inobtrusive as possible - manhole, or handhole for a service drop, is possible and will have greater reliability when compared to the cheap (but not inexpensive) pedistals. Grafitti and defacing, intended and unintended, would be all but eliminated. Should there be increased design criteria for residential vs. nonresidential locations? I would expect the requirements to vary with zoning. Agricultural zoning - I don't think the cows care. An automobile recycling center may not be detracted by today's standard equipment - pedistals, lockers, etc. standing out front, but would detract from my home. What type of mitigation measures would enhance the appearance of an installation site? There are new finishes out now, based on nano-technology, which absolutely repel paint, marker, etc.. Any place where there is a visible element, if it were required to have such a coating, the grafitti problem associated with these boxes would go away. Other Comments In a conversation with the director of service for one of the cable companies in this area, I questioned him about the big green boxes they use, and about underground installations. His reply was honest, but quite telling; the big boxes are mostly empty so they don't need to be so big, but it is easier for his techs to find the larger size items. This saves him labor at the expense of the customers yards appearance. On the underground issue; he finally agreed that the technology, to do completely underground systems, does exist and is required in much of the market his company serves, but he would incur more labor costs - both through additional training for his techs, and in labor to effect the sealed system. Again he is choosing to forego the added reliability of a sealed system to save a little on labor - maybe insuring the need to return and service the equipment again Mark Vlasic inside Council District 5 June 19, 2014, 3:34 PM Have you noticed utility boxes in park strips and do you think they create a problem? Page 29

90 I notice them every day throughout the city. They are an eyesore on par with overhead power poles and lines. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? A single location is preferred if it is big enough and screened from view; unfortunately that is rarely the case. If the equipment boxes need to be in a residential neighborhood where should they be located? underground whenever possible. Unfortunately this is usually ruled out in the name of cost, technical challenges such as flooding, etc. However, these can be overcome if the desire is strong enough. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Minimal size, consistent surface treatment/material, etc. SLC should develop a comprehensive utility box master plan/guidelines document to address these issues head on. Should there be increased design criteria for residential vs. nonresidential locations? The criteria should be equal throughout the city - residential neighborhoods are not more or less important than commercial, mixed-use, open space and other districts in the city. What type of mitigation measures would enhance the appearance of an installation site? Consistent treatments that minimize the visual impact; screening where possible; placement underground or within buildings whenever possible, etc. Other Comments Review approaches other cities have used and analyze the results - this is not a unique problem to SLC Thomas Tischner inside Council District 5 June 19, 2014, 3:02 PM Have you noticed utility boxes in park strips and do you think they create a problem? Yes. Some may pose minor problems Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Spacing allows providers more reasonable access If the equipment boxes need to be in a residential neighborhood where should they be located? Park strips or on poles. Individuals property should not be breached. Also there can be locked gates, dogs, or many other hazards and difficulties for the providers. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Not overly large or intrusive. Should not create blind spots for cars, pedestrians, etc. or people backing out of driveways. Should there be increased design criteria for residential vs. nonresidential locations? Subdued colors or polished aluminum and smooth surfaces for easy cleaning or graffiti removal. What type of mitigation measures would enhance the appearance of an installation site? Just use some common sense and keep it as neat as possible. Also, if manholes are feasible that would be fine but in many cases it would prove very problematic. Other Comments People could be proactive and clean most graffiti quite easily, a little lacquer thinner works well on most Name not shown inside Council District 6 June 19, 2014, 1:20 PM Have you noticed utility boxes in park strips and do you think they create a problem? I have noticed. They are uniformly visually unattractive, often marred with graffiti, and vary in size and color. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Page 30

91 Multiple providers should all use the same location, in the same "box", if absolutely necessary to have these above ground. It strikes me that for business locations, there is no reason that they cannot be housed in a building, rather than in a parking strip. This preserves the visual landscape, reduces the effect of human intervention (graffiti and the like), and minimizes the impact of weather. If the equipment boxes need to be in a residential neighborhood where should they be located? The boxes are an impediment to a visually attractive neighborhood and streetscape. It is inappropriate to ask any resident to "house" such a box on behalf of neighbors -- whether in the parking strip or the yard. If utility poles remain in a neighborhood, such equipment could be "housed" at the base of the pole. Otherwise, there has to be a mechanism to locate these in subterranrean areas, with suitable access for maintenance. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? If it is absolutely necessary to have such a utility box, it should be as unobtrusive as possible, and should be evaluated no less often than weekly for graffiti and any other damage, with restoration/replacement within 24 hours. There is also the issue of damage to the box, particularly during winter months, which would require addressing any damage promptly. Should there be increased design criteria for residential vs. nonresidential locations? In non-residential locations, if placement within a building is not possible, boxes should be situated in such fashion that they could be "under benches" or other public good appurtenances. What type of mitigation measures would enhance the appearance of an installation site? While vegetation might be desirable in summer months, it is unlikely that it would be suitable for winter months. The best solution would be to bury said boxes, place them in other underground locations, or at the base of or on -- existing utility poles. Other Comments Above-ground boxes can be an invitation to any element bent on creating disruption of service, since most are not immune to destruction by car, sledge-hammer, or the like William Littig inside Council District 3 June 19, 2014, 11:31 AM Have you noticed utility boxes in park strips and do you think they create a problem? Define Utility, gas, electric? Cable,cell phone, internet? These are personal extras where the technology is always changing Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? The city should be limiting these eye soars. Underground is better If the equipment boxes need to be in a residential neighborhood where should they be located? Invisible underground If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Pay serious fees, remove when tech changes. Should there be increased design criteria for residential vs. nonresidential locations? Invisible everywhere What type of mitigation measures would enhance the appearance of an installation site? Trees Other Comments Work on removing low utility lines and restore trees Bruce Hamilton inside Council District 1 June 19, 2014, 10:58 AM Have you noticed utility boxes in park strips and do you think they create a problem? I'd rather see shared boxes in park strips than individual boxes back on private property. Page 31

92 Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Yes, in a single location. If the equipment boxes need to be in a residential neighborhood where should they be located? On the park strip. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? There is no excuse for above-ground boxes. Make them be down in manholes. Should there be increased design criteria for residential vs. nonresidential locations? No, they should be down in manholes everywhere, if they are not mounted up utility poles. What type of mitigation measures would enhance the appearance of an installation site? Graffiti-proof paint should be required for any above-ground boxes, and the utility companies should be billed for any graffiti cleanup. Other Comments Above-ground boxes are a nuisance for (a) graffiti and (b) mowing/ trimming/ tripping. There is no good reason not to require utility access to be at or below ground level. Flat ground-level boxes can be designed to pop up for maintenance Name not shown inside Council District 5 June 19, 2014, 10:50 AM Have you noticed utility boxes in park strips and do you think they create a problem? I have noticed them in Liberty Park. Once last winter one was making a noise I thought it was having a problem. besides that, no. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Single location If the equipment boxes need to be in a residential neighborhood where should they be located? In the strip between the sidewalk and the street, so they don't become a resident's problem/responsibility/liability to maintain or to keep. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Not to be an eye sore, but at the same time, bikers and pedestrians should be able to easily spot them at night. An appropriate design, so it doesn't house wild life (bees or pigeons nests). Located in a place it doesn't eliminate trees, plants or flowers. Should there be increased design criteria for residential vs. nonresidential locations? It should, maybe they can have artistic designs (as long as the cost is not passed on to us, the residents) What type of mitigation measures would enhance the appearance of an installation site? Art on them. Other Comments No Response Name not shown inside Council District 1 June 19, 2014, 10:41 AM Have you noticed utility boxes in park strips and do you think they create a problem? Yes, I have noticed them, and if not too large and ugly they are not noticed. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Page 32

93 Yes, provide multiple service provider equipment in one box... unless the box becomes large and obtrusive in its location. If the equipment boxes need to be in a residential neighborhood where should they be located? in the front corner of the property when access is easily obtained. If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Keep away from busy intersections where the possibility of car accidents will impact the box. Should there be increased design criteria for residential vs. nonresidential locations? Yes, the residential locations should be non-intrusive in size, color and design height / width. What type of mitigation measures would enhance the appearance of an installation site? Vegetation on residential property; to allow the box to hidden, but also allow access to the box. Other Comments Moved from Sandy and utility boxes are designed into newer developments. These can be implimented to be unobtrusive on residential property. The parkway implementation would not be choice I would like to see in front of my house, nor would I say other people like to see in front of theirs Name not shown inside Council District 6 June 19, 2014, 10:35 AM Have you noticed utility boxes in park strips and do you think they create a problem? Yes. They do not create a problem if they are not ugly and uniform in color and size. Should the City encourage the installation of multiple service provider equipment boxes in a single location or implement spacing requirements? Yes, into a single box. If the equipment boxes need to be in a residential neighborhood where should they be located? Backyard if possible (out of sight). If a ground mounted utility box is located in the public way, what types of regulations should it have to meet? Color, Height (not too tall) and square foot print. Should there be increased design criteria for residential vs. nonresidential locations? Yes What type of mitigation measures would enhance the appearance of an installation site? No Response Other Comments Concern is with Graffiti on these boxes. Who cleans the graffiti and how quickly. Also can these be buried in the ground with a door / hatch to access? Page 33

94 ATTACHMENT G: Historic Landmark Commission Briefing Memorandum J'bmtiacDMsWil Community & ErooootitDt-velO(GJeat Departmeat To: Hislolic landmark Commission From: Janice Lew, Senior Planner Date: August 28, 2014 Re: Briefing on Ground Mounted Utility Boxes Text Amendment Petition PLHPCM Puroose The purpose of lhe briefing is to allow lhe Histone Landmal1< Commissi:lll an opportunity to provide direction to Planning staff about utility box installations located in the City's tlistolic districts or affecting landmal1< sites. More specifically, staff is seel<ing comments and suggestions regarang design and location. Most applications for a certificate of appropriateness are approved administratively subject to tile applicable standards outlined in Section 21 A.3420 H Histone Preservation Ove~ay District of tile Zoning Ordinance. The City is looking at t1ow to establish a more predictable and consistent review prpoess for tile installation of g-ound mounted utility boxes. The new standards are intended to ensure tile oommunity tlas access to reliable utility services while ensuling installations are achieved in a manner tllat preser;es the aesthetic quality of tile City. The boxes might be more noticeable When they are first instailed, but over time, their appearance may be seen as part of tile urban environment by some individuals. The PlanninQ Division hooes to enoouraqe tile installation of less visible boxes bv streamlining the awroval process for boxes located on plivate property or in alleys, and smaller boxes in patk stlips. The amendment will affect valious sections of tile Zoning Ordinance (Tille 21A) as well as changes to Title 14 of the City Code relating to Streets, Sidewalks and Public Places. No changes to Section 21A H Histone Preservation Ove~ay Distnct are proposed. MY comments or direction tile Commission Members have regarding lhis topic are greatly appreciated. ~ The current zoning ordinance regulations include design ctitelia, and establish a conditional use re liew process tllat includes a public healing to mat.e a decision on Page 34

95 such requests. The regulations incentivize locating boxes on private property rather tllan in pari< strips by creating an easier review process for boxes installed on private property. The Planning Division has found that in some cases, very few in the public comment on these types of projects. In addition, the conditional use process has given some people the impression that their voice can influence Whether or not the use is allowed. However, State Law states that "condttional uses generally must be approved if any detrimental effects can be mitigated. The City's Appeals Hearing Officer has made a determination that the utility boxes should be allowed, and the purpose of the review is to apply conditions to specific installations to mitigate impacts. SUmmarv of Changes Under Consideration Tiered Review Process: ;, Establishes a streamlined review process for qualifying private above ground utilrty boxes in the public way under the purview of the Engineering Division. ;, Over-the-Counter permit for boxes located on private property. ;, Replaces conditional use review process wtth Planning Division review process for larger boxes in pari< strips and along street frontages where they are more visible. Clarity existing language. Application approvals condttioned on service providers ensuring the boxes are property maintained. Provide opportunities for public art. 2 Page 35

96 Please Coosider the FolloWing Questions Should the City encourage the installation of multiple seivice provider boxes in groupings or implement spacing requirements. If a ground mounted utility box is located in a highly visible public right-{)f-way such as a par1< strip, What types of regulations should ~ have to meet? If the equipment boxes need to be in a residential neighborhood where should they be located? What types of mitigation measures would enhance the appearance of an installation? Do art wraps detract from the historic character of ove~ay districts? Next Steps The Planning Commission v.;g hold a public heating on!he petitioo and recommend approval or denial of the proposed amendments to the cey Council, the decision making body on text amendments. Attachments A. Existing Section 21A ofthe Zoning Ordinance 3 Page 36

97 Page 37 Attachment A

98 21A : GROUND MOUNTED UTILITY BOXES: A. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the following regulations unless exempted within section 21A , "Applicability", of this title or where limited by other provisions of this title. B. Definition: "Ground mounted utility boxes" shall mean such facilities, including pedestals, boxes, vaults, cabinets, meters or other ground mounted facilities and associated equipment used for the transmission or operation of underground public utilities. C. Allowed Use: Ground mounted utility boxes proposed as follows, shall be allowed in all zoning districts: 1. Subterranean utility boxes located entirely on private property. 2. Utility boxes located entirely within an enclosed building or structure. 3. Ground mounted equipment required to serve a single commercial customer located behind minimum setback or within five feet (5') of a building. 4. Utility boxes for essential public uses such as traffic control boxes, installed by or with permission of Salt Lake City Corporation. 5. Ground mounted utility boxes located within the front line public utility easement or on private property within a private easement which is mutually acceptable to both the property owner and the utility. The equipment shall not be located within two feet (2') of the sidewalk. D. Conditional Use: Conditional use review is required for all ground mounted utility boxes not specifically addressed in subsection C of this section. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria: 1. Location: Utility boxes shall be located and designed to reduce its visual and environmental impacts on the surrounding properties. 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. 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. 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. 5. Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. 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. 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. Page 38

99 Historic Landmark Commission BREIFING - Minutes Ground Mounted Utility Boxes Text Amendments Staff will update the Historic Landmark Commission about a text amendment requested by Mayor Becker to amend the City Code relating to ground mounted utility boxes. The amendment incentivizes the installation of less visible boxes and establishes a more predictable and consistent review process. (Staff Contact: Janice Lew at (801) or janice.lew@slcgov.com.) Case number PLNPCM Ms. Janice Lew, Senior Planner, gave an overview of the proposal as outlined in the Staff Report (located in the case file). She asked the Commission for input and comments. The Commission and Staff discussed the following: What utilities were being addressed in the proposal. o - Private providers as essential utilities are exempt such as traffic and water. The approval process for utility boxes. If there are maximum sizes for the boxes and could they be minimized. If the boxes are certain size they should be required to go underground. o - Issues with water table and cost for underground boxes. Dictate the color of the boxes such as a dark green. Did encouraging these boxes to be placed on private property mean they are being moved out of the park strip to the other side of the sidewalk. o - Planning would prefer them to be in the rear or side yard. Staff will continue to look at more mitigating factors to help address the boxes. Have the company installing the boxes pay rent for the use of the public property. Give incentives if the boxes are installed below ground. Require master plans from the service providers to address how utilities are addressed in Historic Districts. If there was an annual review or something that required companies to show which boxes are in use. o - There is not a review but there is language that will require removal of unused boxes. Ms. Alene Bentley, Rocky Mountain Power, reviewed the equipment they use for power services. She explained the underground costs and the different sizes of the boxes. The Commission and Ms. Bentley discussed development in historic districts and the location of utility boxes for these areas. They discussed requiring the utilities to be reviewed as part of the development process. The Commission and Staff discussed if there was flexibility in the setbacks for the utilities and if the pad the boxes are placed on is a standard pad or could the pad be smaller. They discussed allowing maintainable landscape areas around the boxes and making it part of the development process. Ms. Bentley stated the utility provider was bound by national safety codes that dictate the distance around the boxes, the pad the box sits on and where the boxes could be located. Staff asked the Commission to send additional suggestions and comments. Historic Landmark Commission Minutes: September 4, 2014 Page 39

100 ATTACHMENT H: DEPARTMENT REVIEW COMMENTS Oktay, Michaela From: Sent: To: Cc: Subject: Jarman, Lynn Wednesday, September 10, :41 AM Lew, Janice Weiler, Scott; Coyle, John Above Ground Utility Boxes Hi Janice, I got your voic about where the above ground utility box application process should start. I could probably be convinced otherwise, but I think the best place to statt the process would be with Engineering. My reasoning is that if the application is for a very basic i~stallation that does not exceed a certain size or number of boxes on a block face, Engineering could just handle the permit. In situations where the box is larger than a set size and/or the nwnber of boxes exceeds the maximum allowable on a block face, Engineering would then refer the applicant to planning. Also, we would refer to Planning any permit applications that involve special aesthetic treatments of the boxes or other proposals that are beyond the norm. Does that make sense or am I oversimplifying the situation? Lynn LYNN B. JARMAN Capital Projects Plannjng, Budgeting, Programming Manager ENGINEERING DMSION COMMUNITY and ECONOMIC DEVELOPMENT SALT LAKE CIT'Y CORPORATION TEL FAX EERING Page 40

101 Lew, Janice From: Sent: To: Cc: Subject: Weiler, Scott Wednesday, September 17, :06PM Lew, Janice; Coffey, Cheri. Ott, George. Ground Mounted Private Utility Boxes Janice and Cheri, I've drafted some language (below) as we discussed yesterday. Before getting to that though, I'm still a little unsure that the revisions we are working on to Title 21 A will have the intended consequence of incentivizing utility companies to downsize their boxes. Could you answer the following questions please? Will the revisions we are making to this ordinance do away with the requirement for a conditional use for ground mounted private utility boxes, regardless if the box is in the public way or on private property? A significant number of existing boxes that are flush with the ground have a bigger footprint than 4 square feet. Have you considered larger dimensions for boxes that are f1ush \Nith the ground that would not require the Special Exception process'? What was the feedback you received from Rocky Mountain Power, Century Link and other utility companies on the box dimensions they can meet? For instances where a ground mounted utility box is proposed on private property, Engineering should only review the portion of the project that is in the public way because Engineering has no jurisdiction on private property. Who v,rill ensure that the box meets the conditions of 21A C.3, 5. or 6. before it is installed'? I think paragraph s. should be revised to include a private utility easement. For example, an easement specific for Rocky Mountain Power's use could exist in a front yard even though there is no public utility easement. The language I propose for addition to 21A.40.16o 7.a. is in green below: a. A utility box installed in a park strip or behind sidewalk within the publi~.: way is no more than 36 inches in height with a foot print ofless than 2 square feet in area, and a pad footprint ofless than 4 square feet. There shall be no more than a total of three (3) above ground utility boxes on any one block face as defined in chapter 21A.62 of this title. If tlu ee (3) boxes already exist on a block face and another is proposed, it will be reviewed as a Special Exception (see below). In ~.:hoosing the location of a utility box, every effol't should be made to locate tht: box in. the least obtrusive spot, such as on the extension of side lot lines or uext to an existing object, so as to minimize the negative impact to the abutting property owner(s). Th~ last sentence would also be beneficial in 21A.40.16o C.s. for boxes in a property owner's front yard. Let's discuss this further at your earliest convenience. Thanks, SCOTT WEILER, P.E. Development Engineer ENGINEERING DMSION COMMUNITY and ECONOMIC DEVELOPMENT SALT LAKE CITY CORPORATION TEL CELL Page 41

102 Page 42

103 ATTACHMENT I: MOTIONS Consistent with Staff Recommendation: Based on the findings in the staff report, public input and discussion, I move to transmit a favorable recommendation to the City Council to adopt the proposed zoning text amendments to Section 21A Applicability, Section 21A : Ground Mounted Utility Boxes, and Section 21A : Special Exceptions related to ground mounted utility boxes. Not Consistent with Staff Recommendation: Based on the staff report information, public input and discussion and the following finding(s), I move that the Planning Commission transmit a negative recommendation to the City Council relating to the request to amend Section 21A Applicability, Section 21A : Ground Mounted Utility Boxes, and Section 21A : Special Exceptions related to ground mounted utility boxes. The Planning Commission shall make findings on the Zoning Text Amendment standards as listed below: 1. Whether a proposed text amendment is consistent with the purposes, goals, objectives, and policies of the City as stated through its various adopted planning documents; 2. Whether a proposed text amendment furthers the specific purpose statements of the zoning ordinance; 3. Whether a proposed text amendment is consistent with the purposes and provisions of any applicable overlay zoning districts which may impose additional standards; and 4. The extent to which a proposed text amendment implements best current, professional practices of urban planning and design. 5. The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, schools, stormwater drainage systems, water supplies, and wastewater and refuse collection. Page 43

104 Ground Mounted Utility Boxes What are we doing? Establishing a more predictable and consistent review process for the installation of ground mounted utility boxes. Incentivizing the installation of less visible boxes by streamlining the approval process for boxes located on private property or alleys and smaller boxes in public way. PLNPCM December 10, 2014

105 Establishes a review process for utility boxes in the public way under the purview of the Engineering Division. Over-the-Counter permit for boxes located on private property.

106 Permitted in the public way when the utility box meets location and size criteria Special exception process for larger boxes in public way and when multiple boxes are located along the block face Certificate of Appropriateness

107 GROUND MOUNTED UTILITY BOXES l 0 A TED IN P U B Ll WAY.. - " - - ~ I... IU ( tftllcal,oo of : PUBL.ICWAYPERMIT Public Way Permit Process ~ --- " ~ ol ~ 01 Hll1wl<) GMU SPECIAL UC PTIOH and/or I I I -

108 Ordinance requires service provider s to keep boxes in a state of good visual quality and repair.