ADMINISTRATIVE HEARING STAFF REPORT Providence Place Apartments Utility Box No. 2 Conditional Use Petition PLNPCM2011-00426 309 East 100 South September 22, 2011 Planning and Zoning Division Department of Community and Economic Development Applicant: Keith Ruesch for Providence Place Holdings, LLC Staff: Casey Stewart (801) 535-6260 casey.stewart@slcgov.com Tax ID: 16-06-128-008-0000 Current Zone: R-MU (Residential Mixed Use) Master Plan Designation: Central Community Master Plan: High Mixed Use (50 or more dwelling Units/Acre) Council District: Council District 4, Luke Garrott Community Council: Central City- Tom Mutter (Chair) Lot Size: 34,031 Square feet Current Use: Multiple Family Dwelling- 125 Unit Apartment Building (Under Construction) Applicable Land Use Regulations: Chapter 21A.40.160 Ground Mounted utility Boxes Chapter 21A.54 Conditional Uses Chapter 21A.54.155 Administrative Consideration of Conditional Uses Chapter 21A.24.170 R-MU Residential/Mixed Use District Request The applicant, Keith Ruesch, representing Providence Place Holdings, LLC, is requesting conditional use to install a ground-mounted utility box at the Providence Place Apartments located at 309 East 100 South. The zoning ordinance requires all ground mounted utility boxes that do not meet a specified standard be reviewed as administrative conditional uses. Placing the transformer box within the public way qualifies this project as a conditional use. Recommendation Based on the findings listed in the staff report, it is the Planning Staff s opinion that the project adequately meets the applicable standards for a conditional use and therefore recommends that the Administrative Hearing Officer approve the application as proposed. Recommended Motion Based on the findings listed in the staff report and the testimony heard, I move that the Administrative Hearing Officer approve the proposed conditional use with the following condition: 1. Compliance with all city department requirements outlined in the staff report for this project. Refer to attachment C of the project staff report for department comments. Attachments: A. Site Plan and Description B. Photographs C. City Department Comments
Vicinity Map BACKGROUND The proposed utility box location is within the park strip along 100 South, adjoining a 34,031 Square foot parcel that is currently under construction. A building permit has been issued to construct Providence Place, a 125 unit apartment building. The proposed utility box is in support of this development. The transformer box will be located on public property within the park strip at the southeast corner of the parcel. It will be two feet high, five feet wide, and two feet deep (2 x5 x2 ). The zoning ordinance lists various locations for ground mounted utility boxes that are permitted. If the placement does not meet one of these standards, conditional use approval is required. Since transformers placed within the public way are not listed as permitted, this request is being reviewed as a conditional use. Public Notice, Meetings and Comments The proposal was presented at an Open House held on September 12 th, 2011. No comments were received from the public. 2
Notice of the public hearing for the proposal included: Public hearing notice mailed on September 9, 2011 Public hearing notice posted on property Public hearing notice posted on City and State websites and Planning Division listserve: September 9, 2011 City Department Comments The comments received from pertinent City Departments / Divisions are attached to this staff report in Attachment C. The Planning Division has not received comments from the applicable City Departments / Divisions that cannot reasonably be fulfilled or that warrant denial of the petition. Analysis and Findings Findings 21A.54.080 B. Specific Standards: A conditional use permit shall be approved unless the evidence presented shows that one (1) or more of the standards set forth in this subsection cannot be met. The Planning Commission, or, in the case of administrative conditional uses, the Planning Director or the Director's designee, may request additional information as may be reasonably needed to determine whether the standards of this subsection can be met. 1. Master Plan and Zoning Ordinance Compliance: The proposed conditional use shall be: a. Consistent with any policy set forth in the City-Wide, Community, and Small Area Master plan and future land use map applicable to the site where the conditional use will be located, and b. Allowed by the zone where the conditional use will be located or by another applicable provision of this title. Analysis: This property lies within the boundaries of the Central Community Master Plan. The future land use map designates this location as High Mixed Use (50 or more dwelling units/acre). The construction of a 125 unit apartment building on the adjoining lot is consistent with this plan. The transformer box will serve a necessary supporting function for this development. The proposed utility box will be located within the park strip on public property, and will have little adverse impact on the surrounding area in general. Finding: The proposed conditional use is consistent with the Central Community Master Plan and is in support of a use that is permitted within the R-MU zoning district. 2. Use Compatibility: The proposed conditional use shall be compatible with the character of the site, adjacent properties, and existing development within the vicinity of the site where the use will be located. In determining compatibility, the Planning Commission shall consider: a. Whether the street or other means of access to the site where the proposed conditional use will be located will provide access to the site without materially degrading the service level on such street or any adjacent street; b. Whether the type of use and its location will create unusual pedestrian or vehicle traffic patterns or volumes that would not be expected with the development of a permitted use, based on: 3
i. Orientation of driveways and whether they direct traffic to major or local streets, and, if directed to local streets, the impact on the safety, purpose, and character of these streets; ii. Parking area locations and size, and whether parking plans are likely to encourage street side parking for the proposed use which will adversely impact the reasonable use of adjacent property; iii. Hours of peak traffic to the proposed use and whether such traffic will unreasonably impair the use and enjoyment of adjacent property; and iv. Hours of operation of the proposed use as compared with the hours of activity/operation of other nearby uses and whether the use, during hours of operation, will be likely to create noise, light, or other nuisances that unreasonably impair the use and enjoyment of adjacent property; c. Whether the internal circulation system of any development associated with the proposed use will be designed to mitigate adverse impacts on adjacent property from motorized, nonmotorized, and pedestrian traffic; d. Whether existing or proposed utility and public services will be adequate to support the proposed use at normal service levels and will be designed in a manner to avoid adverse impacts on adjacent land uses, public services, and utility resources; e. Whether appropriate buffering or other mitigation measures, such as, but not limited to, landscaping, setbacks, building location, sound attenuation, odor control, will be provided to protect adjacent land uses from excessive light, noise, odor and visual impacts and other unusual disturbances from trash collection, deliveries, and mechanical equipment resulting from the proposed use; and f. Whether detrimental concentration of existing non-conforming or conditional uses substantially similar to the use proposed is likely to occur based on an inventory of uses within one-quarter (1/4) mile of the exterior boundary of the subject property. Analysis: Upon complying with the height restrictions for sight triangles, which is a recommended condition of approval, the utility box is not anticipated to present any hazards for pedestrians or traffic flows in and around the area. The applicant is not proposing to screen or buffer the transformer in any manner in order to further limit any visual obstruction. Since transformers do not create visual or noise impacts, this should not present a problem. There was another conditional use granted in March for a utility box just around the corner on 300 East, however, this conditional use does not contribute to a detrimental concentration of utility boxes. Finding: The project satisfies this standard. Staff finds that the proposed use is compatible with the residential neighborhood and in harmony with the general purposes and intent of this Title. 3. Design Compatibility: The proposed conditional use shall be compatible with the character of the area where the use will be located with respect to: a. Site design and location of parking lots, access ways, and delivery areas; b. Whether the proposed use, or development associated with the use, will result in loss of privacy, objectionable views of large parking or storage areas; or views or sounds of loading and unloading areas; and c. Intensity, size, and scale of development associated with the use as compared to development and uses in the surrounding area. d. If a proposed conditional use will result in new construction or substantial remodeling of a commercial or mixed-used development, the design of the premises where the use will be located shall conform to the conditional building and site design review standards set forth in Chapter 21A.59 of this title. 4
Analysis: While it would be preferable to locate the transformer on private property in a less visible and obstructive manner, the proposed location does not appear to be a detriment to the neighborhood or be out of scale with other uses along the streetscape. The footprint of the Providence Place apartment building leaves no other possible location for this transformer as the structure will come to the property line and there is insufficient space north of the building. Finding: Because there is no other reasonable location for the transformer and the applicant has made efforts to locate it in a manner that is least detrimental to the neighborhood, staff finds that the transformer box placement will be compatible with the surrounding development and character. 4. Detriment to Persons or Property: The proposed conditional use shall not, under the circumstances of the particular case and any conditions imposed, be detrimental to the health, safety, and general welfare of persons, nor be injurious to property and improvements in the community, existing surrounding uses, buildings, and structures. The proposed use shall: a. Not emit any known pollutant into the ground or air that will detrimentally affect the subject property or any adjacent property; b. Not encroach on any river or stream, or direct runoff into a river or stream; c. Not introduce any hazard or potential for damage to an adjacent property that cannot be mitigated; d. Be consistent with the type of existing uses surrounding the subject property; and e. Improve the character of the area by encouraging reinvestment and upgrading of surrounding properties. Analysis: There is no evidence that the requested conditional uses would emit any pollution, encroach on or direct runoff into any river or stream, or introduce any hazard or potential for damage to adjacent properties. The use, as proposed, is consistent with the nature of the surrounding neighborhood and the R-MU zoning district. The proposal supports a use that will encourage reinvestment in the neighborhood. Finding: The proposal meets this standard. 5. Compliance with Other Applicable Regulations: The proposed conditional use and any associated development shall comply with any other applicable code or ordinance requirement. Analysis: The zoning ordinance lists specific criteria for the conditional use review of ground mounted utility boxes under 21A.40.160.D. They include the following: 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. 5
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. The two-foot height of the proposed utility box will serve to limit visual impacts. The Transportation Department has reviewed this location and determined that, at the two-foot box height, it does not present a hazard for vehicles or pedestrians. Rocky Mountain Power has specific clearance requirements around electrical transformers. These include ten feet in front of and on either side of the unit in order to allow access for maintenance and the proper functioning of the unit. This requirement makes screening the unit at this location impractical. Finding: Considering the site constraints and spacing requirements of the transformer, the proposal meets these standards. 6
EXHIBIT A: Site Plan and Description
5746 South 1475 East - Suite 200 Ogden, Utah 84403 Main (801)394-4515 S.L.C (801)521-0222 FAX 801-392-7544 WWW.GREATBASINENGINEERING.COM
EXHIBIT B: Photographs
Looking west along 100 S Looking north from 100 South at proposed site
EXHIBIT C: Department Comments
Building Services: Regarding conditional use petition # PLNPCM2011-00426, the Building Services Division comments are as follows: 1) Property Management review and approval is required for the new location. 2) Conflicting information has been provided on the plans regarding the height, width and depth of the utility box. 3) Plans need to demonstrate compliance with transportation's line-of-site provisions and provide dimensions showing 5 feet minimum clearances from driveways, trees, utility poles and meters, etc. 4) A public way permit is shall be obtained from the SLC Engineering Engineering: The proposed location is in an existing steep sloping landscaped park strip. Adequate irrigation of the park strip needs to be maintained and provided with the proposed above ground switch gear box. Fire: No comment on the proposal. Property Management: Providence Place will be entering into a lease with the City for all encroachments within the public way. Public Utilities: The proposed location revised to the east does not conflict with any water or sewer mains. There are a number of existing service laterals that will need to be crossed and it doesn t appear from the attached exhibit [drawing] that all water and sewer services are being shown. The contractor should verify by calling Blue Stakes and then take caution during the process to avoid damage to neighboring utility services. Transportation: The division of transportation review comments and recommendations are as follows: On sheet 4 of the PDF show the location of the proposed utility box and the 10x10 clear sight zone of the driveway and sidewalk. If the height does not exceed 30 inches within the CSZ than it is approved per transportation. Urban Forestry: Where conditions allow we should protect all roots within the tree s canopy. If this is not possible, as is the case at Providence Place, the area associated with the tree s primary root plate should be protected. This area can be determined as follows: For every inch of trunk diameter stay 6 to 8-inches away from the tree. i.e., tree diameter is 12-inches stay 6 to 8 feet away from the trunk.