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Date
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May 5, 2008
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Agenda
Item No. 43 Roll
Call No. 08-
Communication No. 08-267 Submitted by: Larry Hulse, Community Development Director |
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AGENDA
HEADING:
Public Hearing and
Approving Text Amendments to the Zoning Ordinance Revising Section 134-1296 to
Provide Standards for Public Franchise Utility Cabinets and Communication
Systems, as Defined by Municipal Code Sec. 110-86 Located Within a Front Yard.
SYNOPSIS:
Recommend
Council hold hearing on request from Qwest Communications (Qwest) and approve
first consideration of text amendments to the Zoning Ordinance revising Section
134-1296 to provide standards for public franchise utility cabinets and
communication systems, as defined by Municipal Code Sec. 110-86 located within
a front yard. Qwest (Carroll Wheaton, regional manager,
On April 3,
2008, the Plan and Zoning Commission reviewed the request from Qwest and
recommended amendments to Section 134-1296 of the Zoning Ordinance to exempt
public franchise utilities and communication systems (as defined in Section
110-86) in a front yard from the 36 inch dimensional limitation, subject to the
following restrictions (these restrictions are outlined in greater detail in
Exhibit “A,” which has been attached to the roll call):
·
The
exemption is applicable in Residential and Commercial zoning districts, or a
portion of a PUD district or PBP district designated for residential or
commercial uses, but excludes properties that are located in the R-HD District,
a designated local historic district or on any property designated as a local
landmark.
·
No
dimension of an individual cabinet may exceed 55 inches, excluding any required
utility meters.
·
The
maximum outer dimension of any area or pad containing a grouping of utility
cabinets on a single property shall not exceed a dimension of 4 feet wide
(parallel to the front lot line) by 8 feet deep (perpendicular to the front lot
line).
·
Cabinet
groupings on the same block face must be separated by at least 300 feet in
Residential districts and 100 feet in Commercial districts.
·
Cabinets
must be setback at least 5 feet from any lot line and any public right-of-way.
·
Any
grouping of cabinets or boxes on a single property must be placed in an orderly
and sequential arrangement as approved by the Zoning Enforcement Officer.
·
All
utility cabinets and boxes on a single property must have a common color as
approved by the Zoning Enforcement Officer.
·
Any
utility meter mounted to the exterior of a cabinet or box shall be screened
from public view as approved by the Zoning Enforcement Officer.
·
Any
cabinet with a dimension greater than 55 inches is subject to the obtainment of
a “Variance” from the Zoning Board of Adjustment.
FISCAL
IMPACT:
Amount: Indeterminate. Qwest must negotiate easements to locate on
private property and are subject to the right-of-way management program if
located in public right-of-way.
Funding Source: N/A.
ADDITIONAL
INFORMATION:
Through this item, Council is being asked to approve the first
consideration of the text
amendments that the Plan and Zoning Commission recommended for approval at its
April 3, 2008 meeting. Since that
meeting, however, Qwest has contacted City Staff and requested revisions to the
ordinance amendments recommended by the Plan and Zoning Commission. Qwest has indicated that the maximum pad size
of 4 feet (parallel to the front line) and 8 feet (perpendicular to the lot
line) is not large enough to accommodate access to the cabinets and that the 5
foot setback requirement is onerous. Qwest
has requested a 4 foot by 12 foot maximum area be allowed; that the 12 foot
dimension be allowed parallel to the front lot line; and elimination of the 5
foot setback requirement so that Qwest has the flexibility to locate the
equipment entirely in the right-of-way.
Council may choose to address the additional requests made by Qwest since
April 3rd in addition to considering the Plan and Zoning Commission recommended
amendments. Staff has reviewed these
requests and would not be opposed to a slightly larger pad area; with this
change, the maximum outer dimension of any area or pad containing a
grouping of utility cabinets on a single property would not exceed a dimension
of 4 feet wide (parallel to the front lot line) by 12 feet deep (perpendicular
to the front lot line) as opposed to the 4 foot by 8 foot maximum area defined in the Plan and Zoning
recommended amendments. However, based
upon the Plan and Zoning Commission’s discussion of this issue, staff does not recommend
the allowance of the 12 foot dimension parallel to the front lot line or the elimination
of the 5 foot setback requirement. Staff
believes that elimination of these provisions will result in a wall of cabinets
installed on private property adjacent to the sidewalk or in the public
right-of-way.
PREVIOUS
COUNCIL ACTION(S):
Date: April 21, 2008.
Roll Call
Number: 08-668
Action: On
request from Qwest Communications for a zoning text amendment revising Section
134-1296 to provide standards for public franchise utility cabinets located in
the front yard, (5-5-08). Moved by Vlassis to adopt. Motion Carried 7-0.
BOARD/COMMISSION ACTION(S):
Date: April 3, 2008
Roll Call Number: N/A
Action: Plan and Zoning Commission recommended approval
of the proposed ordinance by a vote of 12-2.
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS:
Second and final consideration of the ordinance.
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,