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HomeMy WebLinkAboutMay 6, 2004 P&Z MinutesMeridian Planning & Zoning Commission May 6, 2004 Page 36 of 52 (Recess. ) Item 73. Public Hearing: CUP 04-010 Request for a Conditional Use Permit for a 100-foot monopole communications tower in a C-G zone for T-Mobile by T-Mobile /Terry Cox -southeast corner of East Overland Road and South Eagle Road: Borup: Okay. We'd like to continue our hearing this evening. Item Ido. 13, Public Hearing CUP 04-010, request for a Conditional Use Permit fora 100 foot mono pole communication tower in a C-G zone for T-Mobile by T-Mobile, Terry Cox. We'd like to open this hearing and start with the staff report. Hood: Thank you, Mr. Chairman, Members of the Commission. This is the third application in this general location tonight. We are moving just a little bit further north. It is a request fora 100 foot tall mono pole with supporting equipment in the C-G zone in Silverstone. It is approximately 1,200 feet east of Eagle Road and 1,600 feet south of Overland. The lease area the T-Mobile has acquired is within Lot 6, Block 2, of Silverstone Subdivision. The site -- that Lot 6, Block 2, does have an existing building on it today and this would be going -- the cell tower will be going in this approximate location back in here. This is Copperpoint Drive here. And the previous applications were in this general location. So, the cell tower is there. It is a 24-by-16 foot area they are leasing out. They are going to be using the existing driveways for when they need to do any type of servicing of the facilities. Just a couple of items, it doesn't look like -- sometimes you get a lot of public coming out to cell towers. There aren't a lot of public members here tonight, so I'm just going to breeze through this real quick. But just a couple of items in the staff report. In the application they show asix-foot tall chain link fence around the compound. Code does -- wants to see asight-obscuring fence. The application has responded to this request and has agreed to construct -originally a wooden fence. We are all right with wooden or vinyl as what they are now proposing. Either one would be fine. Landscaping, city code also requires afive-foot landscape buffer around the development. There is some existing landscaping. I do have pictures that I'm going to show here in a little bit the applicant has provided on the site, but there is some existing landscaping near this area. It is fairly well hidden. Additional landscaping staff does not believe will serve a great purpose, so, it is recommending that waiver as requested by the applicant. Also in the applicant's submittal letter they have agreed to allow two additional wireless carrier antennas to co-locate on this in the future. And just in conclusion, they have submitted most of the documentation required by Meridian City Code and all of the requirements for -- regarding the radio frequencies required by the FCC and Federal Aviation Administration standards for construction. The last one that I just wanted to talk about real quick was site specific number six and in the applicant's letter, dated May 4th, they have asked at this hearing that a specific color be identified for the mono pole. That was also in the staff report, that an earthen color be painted, so it's not reflective and kind of blends in more with the general surroundings. Staff does not have a preference on color. Understand that the applicant would like some direction on that, just in case in the future staff says, no, we don't really like that shade, but even if you wanted to specify that, you know, whatever color the applicant prefers that isn't steel in color, that would be fine. So, I will leave that up to the Commission to make that recommendation. With that I will stand for any questions. Meridian Planning & Zoning Commission May 6, 2004 Page 37 of 52 Borup: Questions from the Commission? Would the applicant like to -- Zaremba: I do have a couple questions. I'm sorry. Borup: Commissioner Zaremba. Zaremba: Before we go. One comment. If you look on page five, this was just a typo. Paragraph D, tower design, the second paragraph esthetics. About the third line down it says where the color is dictated by federal -- I believe that word should be or -- state authorities. Then, on the subject where you were, page six, item six, on the subject of color, the most recent pole that was put up is just off of Ten Mile in the storage area there and we had this same discussion with them. What color did that end up being; do we know? I can see it from my house and it's not at all obtrusive, it's a mat something. But it appears to me to be more in the gray zones -- Borup: That's what I was thinking, too. Zaremba: -- than an earth color. And it's a very acceptable color to me. Hood: I do not recall the color that they did with that CZC. I did look at that staff report, but I didn't follow it through to the CZC to see what actually they submitted for it, so I apologize for that. I do not know. Zaremba: And part of the reason that they wanted to establish the color before it went through the approval process is that they could order it from the factory with the color baked on it or whatever they had to do and, you know, not have it up in the air. So, I'm sure that would apply to this application as well. Hood: We have that information. If you'd like to condition six to be of similar color to the one at Ten Mile - Zaremba: That works for me. I don't think it's an earth tone, but that certainly would work for me. Rohm: Well, I'd like to hear the applicant's response to that. Borup: Yeah. Let's get some input from -- Zaremba: Then, let me ask another question first. Newton-Huckabay: He wants to know what color to paint it. Zaremba: Yeah. That was his question. Go back to the aerial view if you would, of the area. Can you identify for me where the other call center is going to go? And my thought is how close are they going to be maybe to be able to share this tower. Meridian Planning & Zoning Commtsslon May 6, 2004 Page 38 oP 52 Hood: This is for that call center. This is -- T-Mobile is going in right here. It is an off- site cell tower for them back in this location. Zaremba: Oh. Okay. Hood: So their facility is in this location. Borup: I got it. Hood: But their tower is a little bit -- Zaremba: So, the likelihood that the other -- I forget the name of it. The other call center, they could share this tower? Hood: Yeah. They will -- they are building this, so they could co-locate with two other wireless carriers in the future. Zaremba: Great. Then I had one other and it's kind of a question. On page seven, the Meridian Fire Department comments number two posts the building address with six inch numbers. I would assume there may be an address for this, but those numbers -- I would specify that they should be on the outside of the sight obscuring fence, not on any building that's inside the fence. Does that make sense if we add that? Hood: That makes sense to me. Zaremba: To the Fire Department's comments. Those were all of my questions Borup: Anyone else? Moe: Just one question in regards to the fence. They were proposing chain link with barbed wire and now we are just -- we are requiring just solid fencing, wood or vinyl, and no barbed wire, no nothing - Hood: Let me see what the site specific -sight-obscuring fence at least six feet, no taller than eight. So, they could do six-foot tall wooden fence or a vinyl fence and put the barbed wire on top. That is allowed in the C-G zone and for security purposes is pretty standard, so -you don't see a lot of them with fences with barbed wire, but -- Zaremba: You're on page six, item two? Hood: Page six, number two. Yes. Excuse me. Zaremba: It just doesn't specify the material of the fence and we are happy with that, right? Hood: Yeah. Unless you want to specify it has to be wood or it has to be vinyl. Site obscuring is how it's worded. Meridian Planning & Zoning Commission May 6, 2004 Page 39 of 52 Moe: I'll wait for the applicant. I'm just kind of curious in regards to the barbed wire and security as who's going up the pole. Borup: Okay. Would the applicant like to come forward? Harris: Good evening, Mr. Chair, Members of the Commission. My name is Clark Harris, I live at 1571 East Harvard, Salt Lake City. As you know, I'm here on behalf of T-Mobile. To address your direct questions, I think the first one we can start with is the pole color. Yes, we do order it from the manufacturer it comes baked on, that way it's there for the life of the pole. We don't have to go up and paint and it looks a lot better. I was just looking for direction of color, baize, green, gray, something that would kind of give me in a -- pointed in the right direction of how we wanted to go with this. Personal experience, a little bit darker gray, flat gray, seems to be a good generic color for most daylights -- you know, crystal clear, blue, sunny days it's a little more visible, but if there is any kind of haze in the sky at all, it blends in really well. I don't recommend light blues or anything like that, because that usually sticks out more often than not. In this particular case I don't recommend a dark green, because it would stick out, because there is no foliage or anything around it. Baize, again, may or may not work. It's just kind of a personal preference. But that's where we are coming from. I would recommend a kind of medium to darker gray, again, flat, so it's non-reflective. Rohm: Maybe that's where we should leave it isjust anon-reflective flat -- Zaremba: Light color. Borup: Yeah. Medium to dark gray sounds - I think you can tell, the city doesn't have a specific color scheme, they just don't want a shiny metal that's going to maybe reflect and - Zaremba: Purple with orange polka dots. Harris: Yeah. And we are also open to placing the condition that we mirror the color of the existing pole as close as possible. I'm pertectly acceptable to that. That's easy to do as well. Borup: I think that -- maybe I would be more comfortable with their past experience, if you're saying medium to dark gray. Harris: Yeah. And I'm not talking about a deeper dark gray, it's a -- Rohm: Well, it's to your advantage to be - Borup: Inconspicuous. Harris: So, that answers your question there. And the fencing I spoke with Sundance Company today, this afternoon, and their architecture, in order to blend with the whole park design, business park design, they requested that the fence be vinyl. We are totally fine with that. They recommend a baize color, versus a white color, kind of Meridian Planning & Zoning Commisalon May 6, 2004 Page 40 of 52 offsets, blends again, better with the landscaping that's there. Six to eight feet high, as staff recommended, is perfectly acceptable, and no barbed wire. The reason the drawing showed chain link with three strands of barbed wire, that's the cut and paste standard, off-the-shelf cell site design and, again, it's not applicable for everything. In this particular case it's not. And we ai-e perfectly amenable to asix-foot high vinyl baize colored fence. Borup: So, you're not -you don't have any security concerns on this site? Harris: Not in this particular case. We do have sites that are in public parks without any fencing at all. The equipment is designed to be weather and, you know, vandal proof. The fencing more of a hazard. This particularjurisdiction we need to remove the bottom 20 feet of pegs - 20 feet, so that that inhibits people to Gimb the pole. Normally, we do it, because we are concerned with the liabilities. We have all been teenagers and we have all been curious and always wanted to climb something, so you get someone that jumps the fence and wants to climb a pole. In this particular case it shouldn't be an issue, unless they are really good climbers. And the last item I wanted to kind of help clarify for you folks a little bit is who is this for. And, yes, T-Mobile is building a call center that will house up to 700 employees. That is a top concern, but the other side is in this whole business park, again, just being out there today, this is a vacant building waiting for someone. You have the tenant here that was here earlier tonight looking to put three new buildings with tenants. There is a three story large development, tilt up construction, and it's almost put up as far as the walls today. The growth is there. Whether it will be for T-Mobile or for others, there is going to be additional growth not only for us, but for other carriers and by us putting the first installation in, it allows for other carriers to come and provide the need that's going to be there for whomever. Maybe AT&T or others that may come along? So, yes, we have a call center desire, but it's also for the whole business park and that whole area that has been growing. And with the residential units that were also here earlier that was down even to the south, we will cover that as well. Borup: Okay. Any further questions? Harris: Thank you. Zaremba: I just have a comment. Since the building and all is likely to go through the process without hearing before this Commission, this is probably our only opportunity to say how much we appreciate T-Mobile choosing Meridian as a place to locate. They could locate probably any place in the world, has decided to spend their money and I hope you will pass onto the T-Mobile people how much we appreciate their trust in our plan for the future of Meridian. Harris: Thank you very much. I will definitely pass that along. Borup: Well said. All right. And I don't know if it makes any difference to ask this, but is there any other public testimony on this application? Zaremba: Mr. Chairman, I move the Public Hearing on Item 13 be closed. Meridian Planning & Zoning Commission May 6, 2004 Page 41 of 52 Moe: Second. Borup: Motion and second to close the hearing. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Zaremba: Okay. Items we have discussed are the fencing and I think item two leaves it -- at least the material and the color unstated. I'm comfortable with the applicant working with the developer in coming up with a satisfactory solution, as long as it's at least six feet and no taller than eight feet, which is the way it's stated. On page six, item six, shall we say a mat gray, medium to dark? Borup: Per applicant's choice. Zaremba: Well, I will take out the words: Or otherwise. So, .what I'm suggesting is paint the mono-pole structure and antenna array a mat gray color, medium to dark, to camouflage the structure and antenna to reduce glare and visual intrusiveness. Do we want a final approval by staff or can we leave it at that? Hood: Medium to dark I think we can figure that out. Zaremba: That's comfortable. Okay. That way the applicant knows what to order. I did have one question. It is, actually, in the ordinance that no signs or banners or anything can go on a tower; is that correct? I remember we discussed it when the ordinance was going through, but -- Hood: Any signage would require a separate signage permit. I don't know that signs are specifically prohibited from being constructed on cell towers, but there aren't any allowed. Zaremba: Okay. That's what I thought. I was worried about somebody putting a big advertising banner 85 feet up the tower. I don't think that's allowed, so we don't need to mention that. In that case -- and, then, the only change I would make is the minor one to the Fire Department statement to add that the six inch numbers of it be on the outside of the fence, not on the building. If we have no other discussion, I'm ready to make a motion. Borup: Please do. Zaremba: Okay. Mr. Chairman, I move that we forward to City Council recommending approval of Item 13 on our agenda, CUP 04-010, request for a Conditional Use Permit fora 100 foot mono pole communications tower in a C-G zone for T-Mobile by T-Mobile, Terry Cox, southeast corner of East Overland Road and South Eagle Road, to include all comments of the staff memo for the hearing date of May 6,.2004, received by the city clerk May 3, 2004, with the following changes: On page five, paragraph D, tower design, the paragraph that says esthetics, the third line down, where the color is dictated by federal, I would change the word of to or, so it reads federal or state Meridian Planning & Zoning Commission May 8, 2004 Page 42 of 52 authorities. On page six, paragraph six, change that paragraph to read: Paint the mono pole structure and antenna array a mat gray color, medium to dark, to camouflage the structure and antenna to reduce glare and visual intrusiveness. And on page seven, under Meridian Fire Department comments, their paragraph two I'm adding to it, so that it reads: Post the building address with six inch numbers on the outside of the site- obscuring fence. End of motion. Moe: Second. Borup: Motion and second. All in favor? Any opposed? MOTION CARRIED: ALL AYES. Item 14. Public Hearing: PP 04-010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-0 zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC -east of South Locust Grove Road and south of East Overland Road: Borup: Thank you. Next item is Public Hearing PP 04-010, request for preliminary plat approval for six commercial building lots on 5.23 acres in an L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC. We'd like to open this hearing and start with the staff report. Hood: Thank you, Mr. Chairman, Members of the Commission. Before you I have another resubdivision development application in Resolution Subdivision. This site is generally south of Overland Road and east of Millennium Way on the south side of Gala Street. It is 5.23 acres. Currently vacant. The applicant is proposing asix-lot subdivision. This was Lot 1, Block 1, in Resolution Subdivision No. 1. As part of that original CUP for Resolution, as you may recall, all uses require a separate CUP and approval prior to construction. I'll let the applicant touch on that a little bit more in their presentation. We are currently working with the applicant on either amending the development agreement for Resolution -- this kind of goes back to some of the discussion that was had earlier today. It takes a lot of the applicant's time, as well as staff time, to process CUP's in L-O zones for professional offices. It was envisioned at the time that Resolution was approved they had just a general concept, a mix of uses, and so when each phase came in, detailed approval would have to be submitted. I don't believe this particular site was anticipated to be an ice skating rink. It is zoned L- 0. The applicant does not want to have the burden to come back with each of these professional offices and obtain CUP approval, so we are currently working with them on away to get that question before this board, possibly, or maybe just City Council, to see if modifying the development agreement or maybe one CUP for the whole site. But, anyways, I'll let the applicant touch on that some more. A couple of changes to the submitted preliminary plat as outlined in the staff report. The main entrance off of Gala Street -- I call it the main entrance -- does align with the other access across Gala. There is a center island, a median that they are proposing. The Fire Department does have concerns. There is only, I believe, about 14 or 15 feet from the curb faces. They need a minimum of 20 feet for the fire trucks. So, the applicant, I believe, is going to be able to widen one or the other of those to provide a fire lane into this site, but that was