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Planning commission recommends fiber‑optic utility shelter; approves three written decisions including two approvals and one denial

5542841 · February 11, 2025
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Summary

The commission recommended approval of a special use permit for a Middle Mile fiber‑optic utility shelter with conditions on landscaping, fencing, lighting and noise, and adopted three written decisions: approval of a Spud Drive‑In written decision, approval of a variance for Matt Bone, and denial of a variance for Brian Price.

At its Feb. 4, 2025 meeting, the Teton County Planning and Zoning Commission recommended approval of a special use permit for a prefabricated, unoccupied fiber‑optic utility shelter proposed by Middle Mile Infrastructure LLC and accepted three written decisions on previously heard items.

Staff presented the fiber‑optic shelter application for a 7.6‑acre parcel on West 9500 South: a single, 846‑square‑foot unoccupied shelter to house amplification equipment for a buried trunk line. Staff noted no antennas or towers would be installed, no overlays apply to the parcel, and that the facility would have infrequent maintenance visits (staff estimated ~1 visit per month). Public Works asked that the applicant obtain Road & Bridge permits for work in the county right‑of‑way and an access permit for connection to Lehi 9500 South.

Planning staff recommended approval with conditions requiring dark‑sky‑compliant exterior lighting, a Type B perimeter buffer (staff recommended substituting a privacy fence for chain link), a landscape plan meeting the Type B buffer standard, compliance with Road & Bridge permit requirements, and a building permit for the shelter. Commissioners added two conditions during deliberation: (1) that exterior lights use motion or other controls to limit nighttime light trespass, and (2) a sound limit standard at the property line (commission discussion proposed capping sound below typical commercial thresholds; the commission asked staff to record a sound‑level condition in the approval).

The applicant’s representative, Rex Atkinson of 59 Design Group, told commissioners the building is a 12‑foot‑10‑inch single‑story shelter with building‑mounted, fully shielded lights and an on‑site backup diesel generator that self‑tests weekly for about 15 minutes. He said typical generator test noise is on the order of commercial backup generators (applicant estimated roughly 75 dBA as an off‑the‑shelf generator figure and offered cut‑sheets on request) and that HVAC noise would be typical through‑wall unit levels (roughly 30–40 dBA). The applicant agreed to use a privacy fence and to provide a Type B landscape buffer; commission members requested motion sensors or controls on door lights to reduce nighttime illumination.

Public commenters raised concerns about noise, light trespass, views and property values from neighboring residents. The commission and applicant addressed those concerns in conditions that require dark‑sky fixtures, a privacy fence, a landscaped Type B buffer, permitting coordination with Road & Bridge, and a site inspection before issuing a certificate of completion.

On written decisions, the commission voted to approve the Spud Drive‑In written decision and the written decision approving a variance for Matt Bone (both motions were seconded and passed in recorded roll calls in the meeting transcript). The commission also approved the written decision denying the variance request for Brian Price; staff noted the county prosecuting attorney had reviewed the written decision.

The planning commission’s action on the fiber shelter is a recommendation and will be returned to the permitting path with the listed conditions; the written decisions complete the commission’s record on those items.