Administrative Hearing Staff Report CLEARWIRE CONDITIONAL USE THE TERRACES ON MAIN PLNPCM2009-01138 1810 South Main Hearing date: February 11, 2010 Planning Division Department of Community & Economic Development ‘Applicant Clearwire, LLC (Noah Grodzin, representative) Staff Doug Dansie 535-6182 doug dansie@slegov.com Zone RMP-45 - (Residential Multi-family) Master Plan Designati Contral Community Master Plan:-—- residential Council District District $ Jill Remington-Love Current Use | Multi-family housing | Applicable Land Use Regulations © Chapter 214.40.90 Antennas | © Chapter 214.54 Conditional Uses Notification ‘© Notice maifed Fanuary 28, 2010 ‘© Sign posted February I, 2010 ‘© Posted to Planning Dept and Utah State Public Meeting websites January 28, 2010. Attachments A. Site drawings B. Photographs C. City Department Comments PLNPCM2009-01158 Clearie Colona Use 1810 South Main Request Request for a conditional use to install wireless communication equipment on the existing apartment building located at 1810 South Main. The equipment consists of three (3) panel antennas [two in the rear and one in front], five (5) microwave dishes [four in the rear and one in front], and one (1) equipment cabinet on top of the building. Recommendation Staff has determined the request adequately meets the applicable standards and recommends the Administrative Hearing Officer approve the conditional use subject to certain conditions listed below: 1, The applicant shall obtain all necessary building permits for the | utility structures prior to installation, | Published Dae: 24/2010 aVICINITY MAP 1810 South Main Sie Background Project Description ‘The request is for conditional use approval to install wireless communication equipment on the roof of the existing multi-family residential building at 1810 South Main. The equipment consists of three (3) panel antennas, five (5) microwave dishes, and one (1) equipment cabinet on top of the building. The equipments’ cabinet will be located on the main roof level next to existing elevator penthouse near the rear of the building and visibility will be limited from ground level. All of the proposed equipment will be painted a similar color as the existing building, The attached drawings show the proposed equipment (Exhibit A). The proposed antennas will extend approximately six (6) feet above the roof line, which is approximately 69 feet in height. ‘There are presently facilities from another cell company also located on the roof of the building. The existing facilities are located at the rear of the building and on the north wing. The proposed facilities are located at the rear of the building and the south wing. PLNPCM2000-01138 Clearwire Conditionl Use—1810 South Main Poblished Date: 21472010 2Public Participation Sublic Comments Staff condueted an open house for this project on January 14, 2010 and one person attended. Their comment, ‘was regarding the incorrect street names on the site map (the adjacent streets are mislabeled) City Department Comments Comments were solicited from the following City departments: Fire and Building Services, ‘The departments that provided comments had no objections to the conditional use but provided specific improvements or modifications required according to their respective area of development oversight. Those requirements are listed as conditions of approval and can be found in ‘Aitachment C’ of this report. Analysis and Findings If the Administrative Hearing Officer chooses to approve the conditional use petition, the applicant will then be able to move forward with the proposed project. If the Officer chooses to deny the petition, the applicant may request the matter be reviewed by the Planning Commission. Standards for Conditional Uses; Section 21A,54.080 A conditional use shall be approved if reasonable conditions are proposed, or can be imposed, to mitigate the reasonably anticipated detrimental effects of the proposed use in accordance with applicable standards. If the reasonably anticipated detrimental effects of a proposed conditional use cannot be substantially mitigated by the proposal or the imposition of reasonable conditions to achieve compliance with applicable standards, the conditional use may be denied. In order to identify and evaluate the detrimental effects and the need for and/or adequacy of mitigating conditions, the Administrative Hearing Officer shall review and consider the following: 1, Master Plan and Code Compliance: The proposed development is supported by the general policies of the City Wide, Community, and Small Area Master plan text and the future land use map policies governing the site; a. The proposed development is one of the conditional uses specifically listed in this title; and b. The proposed development is supported by the general purposes and intent of the zoning ordinance including the purpose statement of the zoning district. Analysis: The Central Community Master Plan is silent on matters related to wireless telecommunication equipment. ‘The residential building where the equipment is proposed to be located is a land use that is consistent with the Central Community Master Plan, Wireless telecommunication facilities that are mounted to the roof are allowed in the RME-45 zone (Residential Multi-family) through the conditional use process, Finding: The project is not in conflict with the Central Community Master Plan, 2. Use Compatibility: The proposed use at the particular location is compatible with the character of the site, adjacent properties, surrounding neighborhoods, and other existing development. In determining compatibility, the Planning Commission may consider the following: a. Streets or other means of access to the proposed development are suitable and adequate to carry anticipated traffic and will not materially degrade the service level on the adjacent streets; b. The type of use and its location does not ereate unusual pedestrian or vehicle traffic pattems or volumes that would not be expected with the development of a permitted use. In determining unusual patterns, the Planning Commission shall consider: PLNPCM2009-01138 Clearwire Conditional Use 1810 South Main Published Date: 21472010 3i) The orientation of driveways and if they direct traffic to the major streets or local streets, and, if directed to the local streets, the impacts to the safety, purpose, and character of the local streets; ii) Parking locations and size, and if parking plans encourage street side parking to the propose use which impacts the adjacent land uses; iti) Hours of peak land use when trafic to the proposed use would be greatest and that such times and peaks would not impact the ability of the surrounding uses to enjoy the use of their properties; and iv) The hours of operation of the proposed use when compared with the hours of activity/operation of the surrounding uses and the potential of such hours of operation do not create noise, height, or other nuisances not acceptable to the enjoyment of existing surrounding uses or common to the surrounding uses, ¢, The intemal circulation system of the proposed development is properly designed for motorized, non-motorized and pedestrian traffic, and mitigates impacts on adjacent propert d. Existing or proposed utility and public services are adequate for the proposed development and are designed in a manner that will not have an adverse impact on adjacent land uses or resources; and ¢. Appropriate buffering such as landscaping, setbacks, and building location, adjacent land uses from light, noise and visual impacts. £. Detrimental concentration of existing non-conforming or conditional uses substantially similar to the use proposed. The analysis is based on an inventory of uses within a quarter mile radius of the subject property. provided to protect Analysis: ‘The proposed wireless equipment is within an area dominated by a mix of uses and will have no impact on adjacent uses since itis located on the roof, away from the roofs edge and painted to match the building, thereby reducing visual impact. Applicable City departments have reviewed the project and determined that the use and layout of the site are acceptable, ‘The nature of roof top wireless communication facilities is minimal in any impacts, particularly when the visual impact is reduced by screening or painting to match the building. Although other wireless communication equipment may be within one quarter mile of this site, the concentration of such is not determined detrimental. Finding: The project satisfies this standard, Staff finds that the proposed use is compatible with the uses in the area (by being on top of the tallest residential building) and in harmony with the general purposes and intent of this Title. 3. Design Compatibility: The proposed conditional use is compatible with: a, The character of the area with respect to: site design and location of parking lots, access ways, and delivery areas; impact on adjacent uses through loss of privacy, objectionable views of large parking or storage areas; or views and sounds of loading and unloading areas; b, Operating and delivery hours are compatible with adjacent land us c. The proposed design is compatible with the intensity, size, and scale for the type of use, and with the surrounding uses, Analysis: ‘The structures will be located on the roof of the existing residential building away from the roof’s edge. This location reduces visual impact. Access to the equipment will occur infrequently for maintenance thereby eliminating impact to adjacent properties. The size and location of the equipment is compatible with the existing building. Finding: ‘The project satisfies this standard. PLNPCM2000-01138 Clerwire Conditional Use~ 1810 South Main Published Date: 24/2010, 44, Detriment to Persons or Property: ‘The proposed use will not, under the circumstances of the particular case and the conditions imposed, be detrimental to the health, safety, and general welfare of persons, not be injurious to property and improvements in the community, existing surrounding uses, buildings, and structures. The applicant shall demonstrate that the proposed use: A. Does not lead to deterioration of the environment by emitting pollutants into the ground or ait that cause detrimental effects to the property or to neighboring properties; B. Does not introduce hazards or potentials for damage to neighboring properties that cannot be mitigated; and C. Isin keeping with the type of existing uses surrounding the property, and that as proposed the development will improve the character of the area by encouraging reinvestment and upgrading of surrounding properties, Analysis: No deterioration of the environment will occur as a result of this application. ‘The structures do not emit any harmful or hazardous pollutants into the ground or air that will not be mitigated through the building permit process and federal communications regulations. Finding: ‘The project satisfies this standard, ‘The project will not result in detriment to persons or property. 5. Compliance with Other Applicable Regulations: The proposed development complies with all other applicable codes and ordinances, Analysis: Approval of this application is based on compliance with all applicable City building permits and codes prior to installation. Tinding: Staff finds the proposed conditional use must comply with all other applicable codes and ordinances. Additional Conditional Use Requirements [for Antennas]; Section 21A.40.090.E.7 In addition to conditional use standards outlined in chapter 21A.54 (above) of the zoning ordinance, the following shall be considered by the planning commission: a, Compatibility of the proposed structure with the height and mass of existing buildings and utility structures; b. Whether collocation of the antenna on the other existing structures in the same vicinity such as other towers, buildings, water towers, utility poles, ete., is possible without significantly impacting antenna transmission or reception; c. The location of the antenna in relation to existing vegetation, topography, and buildings to obtain the best visual sereening; d, Whether the spacing between monopoles and lattice towers creates detrimental impacts to adjoining properties, Analysis: The proposed wireless antennas and equipment will be painted to match the existing building, thereby reducing visual impacts of the structures. ‘The towers at the front of the building will likely be as visible as the existing towers built by another company (on the north wing of the building) however the towers located at the rear will be difficult to see from the street. These mitigation measures achieve compatibility with surrounding buildings. This project satisfies the additional requirements of Section 21A.40,090.E.7. Finding: The project satisfies the additional requirements for antennas PLNPCM2009-01138 Clearwire Condiional Use — 1810 South Main Published Dae: 2742010, SsAttachment 4 Site / Building drawing.clearw re UT-SLC0273 THE TERRACE ON MAIN ZONING DRAWINGS clearw’re PROJECT DATA PROJECT CONTACTS: DRAWING INDEX oe ane ace cee ee ’ cm ne oer AREA MAP SHENG, UT-SLC0273 APPROVAL LIST SITE NAME 2 THE TERRACE ON PROJECT SUMMARY a MAIN _ a SHEET TITLE DRIVING DIRECTIONS ————— TITLE |SL.C02/ PROM CLEARWIRE OFFICE — ee ere caueaTon oan T-1QUAYLE AVE rane clearw're eresioen Cascadia\ PM COATSVILLE AVE erewoarn = Gaulevorad Gardens aa wn eure re erh ase oT Gee | | re reenace nan & i sence a | 5 | : o | | ooo | | | an : i Lo UT-SLC0273 eeumome THE TERRACE ON MAIN ceynesena _ = sire ADDRESS : ao. _ SHEETIITLE BOULEVARD GARDENS Laydors Aue ae oy ~ J ee ¥ PLAN “ ‘SHEET NO. (@RESDOWTAL A-1 za SAE OF (8) OVERALL SITE PLANclearw're Cascadia\ PM. 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