PLANNING COMMISSION STAFF REPORT Century Link Conditional Use for Two Utility Boxes in the Public Right-of-Way Case # PLNPCM2013-00317 700 E Northcrest Drive July 11, 2013 Planning Division Department of Community and Economic Development Applicant CenturyLink Corporation, represented by Ralph Vigil Staff Brendan Willig brendan.willig@slcgov.com (801) 535-7118 Current Zone FR-3/12,000 Foothills Residential District Master Plan Designation Avenues Master Plan Adopted 1989 Council District Council District 3, Represented by Stan Penfold Community Council Greater Avenues, represented by Gwen Springmeyer, Chair Current Use Public right-of-way Applicable Land Use Regulations 21A.54.080 Conditional Use 21A.40.160 Notification Notice mailed on June 27, 2013 Property Posted July 1, 2013 Posted on City & State Websites June 27, 2013 REQUEST The applicant, CenturyLink, represented by Ralph Vigil is requesting approval of a conditional use for two private utility box structures located approximately at 700 E Northcrest Drive on a public right of way. The purpose of the two structures is to provide and enhance internet service to residents in the immediate vicinity. STAFF RECOMMENDATION Staff recommends that the Administrative Hearing Officer review the proposed utility box application, conduct a public hearing, and approve the application per the findings analysis and conditions of approval in this report. Conditions of Approval 1. All necessary building permits for these structures shall be obtained from the building department prior to installation of the structures. 2. The applicant shall work with the adjacent property owner to determine what if any landscaping shall be planted to screen the box from view. 3. The applicant shall put information on the box with a number to call in the event that the box is vandalized or otherwise damaged. Attachments A. Elevations B. Site Plan C. Site Photograph D. Department Comments E. Public Comments PLNPCM2013-00317 Two Utility Boxes at 700 E Northcrest Drive 1
Vicinity Map 13 th Avenue Proposed Utility Boxes BACKGROUND The applicant, CenturyLink Corporation, is requesting a conditional use for two utility boxes designed to enhance the Internet service for homes in the immediate neighborhood. The first structure, the cool ped box, will be approximately 48 inches high and 36 inches wide (see Attachment A - Elevations). Furthermore, this box will be placed adjacent to the west side of two existing power boxes (see Attachment B - Site Plan). The purpose of the cool ped box is to house the mechanical equipment necessary for the service. For the second box, the power ped, the dimensions are 58 inches high and 22 inches wide. The purpose of the power ped is to house additional mechanical equipment in conjunction with the cool ped. Although the application identifies two options for the placement positions for the power ped, the applicant stated that the first option would be easiest. Hence, the first option entails the power ped box being placed adjacent to the west side of the proposed cool ped box. On the other hand, the second option entails the power ped to be placed 39 feet from the west side of the proposed cool ped location. From a utility standpoint, the performance of the power ped box is unaffected whether it be placed in accordance with the first or second option. Nevertheless, both boxes are proposed to be located in the PLNPCM2013-00317 Two Utility Boxes at 700 E Northcrest Drive 2
public right-of-way on the park strip alongside the road. Generally, the applicant works with property owners to secure a private easement to place the box or boxes on their property. In this case, they were not able to secure an easement with any private property owners in the immediate neighborhood, so they are seeking conditional use approval of the boxes in the public right-of-way. The subject public right-of-way location is located adjacent to a single-family residence zoned FR- 3/12,000 Foothills Residential District. The proposed boxes will be placed to the rear of this residence facing 699 E 13 TH Avenue. There are single family homes on all sides of the proposed site. Comments The application was reviewed at an open house on June 20, 2013. Although no public comments were received at the open house, a resident did send an e-mail to staff expressing opposition to the application on 17 June, 2013 (see Attachment E - Public Comments). On June 20, staff met with the resident on site and answered questions and comments concerning the application. ANALYSIS Criteria for Utility Box on Public Property Conditional use review is required for all ground mounted utility boxes not specifically addressed as permitted uses in the Zoning Ordinance. Applications shall be reviewed administratively by the planning director or an assigned designee subject to the following criteria: Standard 1: Location: Utility boxes shall be located and designed to reduce visual and environmental impacts on the surrounding properties. Analysis: The boxes are proposed to be in a residential neighborhood and in a residential zone because they need to be near the homes that they serve. The petitioner has chosen this particular location because it is close to existing equipment and can be easily incorporated into the existing system (see Attachment B - Site Plan). Finding: Staff finds that placing the boxes near existing equipment will reduce the visual impacts on surrounding properties. Standard 2: Spacing: Utility boxes shall be spaced in such a manner as to limit the visual and environmental impact of the boxes on neighboring properties. The planning director may limit the number of boxes allowed on a specific site to meet this standard. Analysis: Since this site is near existing equipment, it is the best location in the immediate area. Staff does not recommend that the box be moved to limit the visual and environmental impact, as it could possibly have a negative effect on neighboring properties. Finding: Staff finds the proposed spacing to be adequate. PLNPCM2013-00317 Two Utility Boxes at 700 E Northcrest Drive 3
Standard 3: Setbacks: The planning director may modify the setback of the utility box to reduce the visual and environmental impact of the box when viewed from the street or an adjacent property. The setback variation will be a function of the site constraints, the size of the proposed box, and the setbacks of adjacent properties and structures. Analysis: The box is proposed within a 53 foot long gravel park strip with some unkept vegetation (see Attachment C - Site Photograph). There is a limited amount of natural vegetation or structures on the site to obscure or shield the box. Therefore, modifying the setback either forward or backward would have a negligible effect on the environmental or visual impact of the box. Finding: Staff finds that no modification of the setback is necessary to reduce the visual and environmental impact of the box. Standard 4: Screening: To the greatest extent possible, utility boxes shall be screened from view of adjacent properties and city rights of way. Utility boxes and their associated screening shall be integral to the design of the primary building on site and address crime prevention through environmental design (CPTED) principles by maintaining solid or opaque screening materials. Analysis: Since the proposed box is in the public right-of-way, it is not appropriate that the applicant build some type of barrier or screen to shield the box from view. Construction of this type of barrier may constitute a larger visual and environmental impact on the neighborhood than simply leaving it as a standalone structure. Shielding the box from view by planting or landscaping is a possibility; however, because the petitioner does not control the water supply and is only on site occasionally, the plantings would need to be tended by adjacent property owners. Therefore, staff has included a condition of approval requiring that CenturyLink work with adjacent property owners to determine whether or not landscaping is wanted. Also, per section 21A.48.060.E all plants and shrubs in the park strip must be less than 18 inches in height to protect the visual sightlines for cars and pedestrians. To combat the potential abuse of the boxes by vandals, staff has included a condition of approval requiring that the box be marked with a telephone number to call to have graffiti removed or have the box repaired if it is damaged. Finding: Staff finds that the proposed boxes are properly shielded as conditioned. Standard 5: Design: Utility box design shall reflect the urban character and pedestrian orientation of the area where it is located. Analysis: The design of the box is similar to many boxes seen throughout the City. They are utilitarian in design and neutral in color. The size of the box is standard for this type of facility and needed to provide adequate service to the area, with the largest being 36 inches wide and 53 inches tall. CenturyLink has stated that this size is the minimum size necessary to provide adequate service. When the box is installed, individuals may have a tendency to notice them, but over time they will become part of the urban environment. PLNPCM2013-00317 Two Utility Boxes at 700 E Northcrest Drive 4
Nevertheless, this box and the service it provides (high speed Internet) is an integral part of a modern, walkable neighborhood. High speed Internet service enables residents of the neighborhood to work and shop from their homes which in return reduces vehicle traffic and impacts on the environment. Finding: Staff finds that the proposed utility boxes are a design element that is in-line with Salt Lake City streets and neighborhoods. Standard 6: View: The location shall not block views within sight distance angles of sidewalks, driveways, and intersections or hinder pedestrian or vehicular circulation on the site. Analysis: The box is proposed approximately 7 feet from the edge of curb and 65 feet from a driveway. This application was reviewed for compliance by the Transportation Division, which found that this location raised no sight distance or angle issues. Finding: Staff finds the application meets this standard. Standard 7: Certificate Of Appropriateness: Any ground mounted utility box located within an area subject to section 21A.34.020, "H Historic Preservation Overlay District", of this title shall require certificate of appropriateness review and approval with respect to location and screening materials. Analysis: The subject location of applicant is not located in a Historic Preservation Overlay District. Finding: Staff finds that this standard is not necessary for the application. PLNPCM2013-00317 Two Utility Boxes at 700 E Northcrest Drive 5
6 Attachment A Elevations
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8 Attachment B Site Plan
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10 Attachment C Site Photograph
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12 Attachment D Department Comments
DEPARTMENT COMMENTS 700 E NORTHCREST DRIVE PLNPCM2013-00317 Date Task/Inspection Status/Result Action By Comments 6/7/2013 Fire Code Review Complete Itchon, Edward 6/10/2013 Engineering Review Complete Weiler, Scott If the abutting property owner does not object, Engineering is willing to allow another cabinet at this location. The "1st choice" option places the cabinet closer to the existing cabinet and is therefore preferred. 6/11/2013 Police Review Complete Maloy, Michael Police Department has no issues with this permit. Sgt Michelle Ross 6/11/2013 Transportation Review Complete Walsh, Barry The Division of Transportation review comments and recommendations are as follows: The proposed locations present no impact to the sight distance triangle for intersection or driveway access. The current roadway has no curb and gutter edge definition on the north side. Future development will require a minimum setback for utilities to be placed 38 feet north of the top back of curb of the existing curb on south side of 13th Avenue. Sincerely, Barry Walsh 6/14/2013 Public Utility Review Complete Stoker, Justin No apparent conflicts with the proposed location. 6/27/2013 Building Review Complete Maloy, Michael No comments received. 6/27/2013 Planning Dept Review Complete Maloy, Michael Planning Intern Brendan Willig reviewed petition and recommends administrative approval subject to compliance with City Code. 6/27/2013 Sustainability Review Complete Maloy, Michael No comments received. 6/27/2013 Zoning Review Complete Maloy, Michael No comments received.
14 Attachment E Public Comments
Willig, Brendan From: Sent: To: Subject: Robert D Newman [robert.newman@utah.edu] Friday, June 07, 2013 6:24 PM Willig, Brendan Case # PLNPCM2013-00317 Dear Councilman Penfold and Mr. Willig, I wish to convey my adamant disapproval of the proposed DSL equipment cabinets by CenturyLink. The notice is not precise, only indicating that the installation will occur at approximately 700 East Northcrest Drive. Should that installation be designated on or adjacent to my property at 721 13 th Ave, I am profoundly opposed. Over objections I voiced (without response) to city officials, Questar installed a similar box abutting my property about a year ago. This box, and the proposed one, denude the vegetation that creates a barrier between my house and the street. It also is unsightly, thereby diminishing the value of my property. And service requires climbing a steep embankment, near impossible in the winter, causing further damage to the vegetation barrier. I strongly object to my property or the area adjacent to it becoming a further repository of ugly utility cabinets. If the proposed location is further removed from my property, I have no objection. I will be out of town during the open house, so am registering my concerns now. I sincerely hope that this time they will be taken seriously. Please feel free to contact me via email or at my home # 801 359 2829 should you wish me to elaborate. Thank you for your attention. Robert Newman Robert D. Newman Dean, College of Humanities Special Advisor to the Sr. Vice President for Academic Affairs Professor of English University of Utah 255 So. Central Campus Dr. Rm. 2100 Salt Lake City, Utah 84112 801-581-8816 FAX 801-585-5190 robert.newman@utah.edu