Historic District Commission opposes large utility cabinets on major historic thoroughfares, urges staff to seek legal guidance

The Bay City Historic District Commission on Aug. 5 reviewed five proposed OmniFiber utility cabinet locations in the historic district and voted to transmit a recommendation to planning staff and the planning commission that the city should not place large above-ground cabinets on highly traveled historic thoroughfares such as Center Avenue and two locations on McKinley Street.

Planning staff read a memo summarizing the applications and relevant city code provisions in chapter 34 (Cable Communications, sections 34-142 and 34-145). The memo said OmniFiber submitted 19 cabinet applications citywide, five of which are inside the historic district, and that the planning commission's site-plan process allows it to require landscaping or screening in historically sensitive areas. Staff also noted prior instances (2014) in which cabinets were installed before review and that the city's ordinance provides limited direction about historic-district findings for cabinets in the street right-of-way.

Commissioners described the OmniFiber cabinets as visually large and raised concerns about their visual impact on the historic streetscape. Several commissioners pointed to a cabinet proposed for the Center Avenue frontage as particularly problematic because the site is a major historic avenue and hosts public events and tourism; one commissioner said the Michigan Department of Transportation (MDOT) had indicated a preference that the Center Avenue cabinet not be sited in the right-of-way and instead be located off Center Avenue.

Terry, planning staff, noted the ordinance allows ground-mounted utility cabinets up to 66 inches in height and a concrete pad up to 100 square feet, and that some cabinets may instead be smaller vault-style or flush-level installations. Commissioners described cabinets that stand about 48 inches tall in the materials presented and requested clarification on which cabinet types were required at each location.

After extended discussion about aesthetics, maintenance and public safety, the commission made a formal recommendation to route to the planning commission and the city attorney. The recommendation asked staff to advise OmniFiber that: (1) the historic district commission does not support locating the large above-ground cabinets on Center Avenue or the two McKinley Street sites; (2) screening or landscaping is not recommended because of maintenance and access concerns; and (3) staff should obtain a legal opinion from the city attorney (Neil) clarifying the commission's authority under the existing ordinance and whether the planning commission is bound to follow HDC findings.

The commission also asked staff to explore alternatives such as moving cabinets around the corner to side streets, using smaller or underground vault-style cabinets where feasible, and coordinating with state and city right-of-way authorities. Planning staff said the applications are scheduled to proceed to the planning commission in September and that any HDC comments would be forwarded for the planning commission's consideration.

The commission recorded a roll-call vote on the motion to forward the recommendation; the motion passed by a majority vote. Commissioners instructed staff (Terry) to obtain a written legal interpretation from the city attorney about the HDC's authority and to communicate the commission's concerns to OmniFiber and planning staff ahead of the planning commission hearing.

Planning staff said OmniFiber's broader project includes dozens of proposed cabinet locations across the city, some of which use smaller boxes or underground vaults while others are taller above-ground cabinets. The commission asked staff to request clarifications of the cabinet types and any potential ability to site specific cabinets off the main thoroughfares to reduce visual impact in the historic district.