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HomeMy WebLinkAbout4527 1 2 3 4 5 6 7 /'-. 8 /'-. c::> 9 0') - 10 "-.J 0') 11 12 13 14 15 c> ç::¡ 16 ':i1 17 '" w <> 18 .~ <> <> m 19 <> '" <> w 20 '" '" > z 21 '" '" 'J co ~ 22 " " ~ 23 "' "' 0 ~ 24 , , 25 26 CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn, WA 9B001 DEG U·¡. RECID~ &\?i ORDINANCE NO. 4 5 2 7 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ESTABLISH A CELLULAR RADIO BASE STATION COMMUNICATIONS FACILITY WHICH INCLUDES A 100 FOOT TALL TOWER TO BE SITUATED ON PROPERTY LOCATED AT 19 CLAY STREET N.W., IN A M-2 (LIGHT INDUSTRIAL) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-91 dated July 29, 1991, together with site plans therefore, has been submitted to the city of Auburn, Washington, by JOHN F. and RETA R. LINDSAY requesting a Conditional Use Permit to establish a cellular radio base station communications facility which includes a 100 foot tower to be situated on property located at 19 Clay Street N.W. in a M-2 (Light Industrial) zone within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a pUblic hearing to consider said petition in the Council Chambers of the Auburn City Hall, on October 22, 1991, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to establish a cellular radio base station communications facility which includes a 100 foot tower to be situated on property ___h_________h________h____ Ordinance No. 4527 NovemberS, 1991 Page 1 -------"._~--- ~-...,......__._...._...~ 1 2 3 4 5 6 7 8 - 9 "- "- 10 a OJ - 11 "-.J - - 12 0") 13 14 15 16 17 18 19 20 21 22 23 24 25 26 located at 19 Clay street N.W., based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, John F. and Reta R. Lindsay, through their agent, C. Lynn Congleton, requests a Conditional Use Permit to allow the establishment of a cellular radio base station communications facility including a 100 foot tall tower. 2. The subject property is located at 19 Clay Street N.W. and is zoned M-2, Light Industrial. 3. The existing land use is that of a vacant industrial site. Land in all directions is designated for light industrial uses and zoned for same while the existing land uses to the north, south, and west are vacant. The existing land use to the east is residential. 4. The applicant requests a Conditional Use Permit to allow construction of a 100 foot high tower to be used as part of the cellular telephone network in Auburn. 5. Radio and television transmitting towers are permitted in an M-1 zone subject to the issuance of a conditional use permit. 6. The Planning Director has determined transmissions towers are comparable television towers are accordingly are conditional use permit application. that telephone to radio and subject to a 7. The application establishes that the tower will consist of a 12 X 28 foot vault which will contain equipment associated with the tower. The tower itself will be contained in a fenced area approximately 35 X 50 feet in size and the tower together with the antennae will not exceed 100 feet in height. 8. The proposal is located to the rear of an existing building at 19 Clay Street N.W. ------------------------------ Ordinance No. 4527 November 8, 1991 Page 2 _ m'~. __._______.___~.___ 1 2 3 4 5 6 7 8 9 10 "- 11 r-... c::> 12 OJ - "-.J 13 en 14 15 16 17 18 19 20 21 22 23 24 25 26 9. The height limit in the subject zone is 45 feet which may be exceeded if there is a 1 foot of setback provided for each foot that the structure exceeds 45 feet. In this instance, the tower will need to be set back 75 feet from Clay street and 55 feet from other property lines. The evidence establishes that the application will be set back 184 feet from Clay street. The setback will be 61 feet from the north property line, 87 feet from the south property line, and 89 feet from the west property line. 10. Initially the application indicated that the tower was located on the west property line. The proponent applied for and subsequently withdrew an application for a variance and moved the tower to the existing location. 11. Due to the location of the Auburn Municipal Airport approximately 1.25 miles to the northeast of the proposal, there will be a need to have the Federal Aviation Administration review the project. 12. The staff approval, set forth report, with its recommendation of conditional is incorporated herein by reference as though in full. CONCLUSIONS OF LAW 1. There are no adverse effects associated with the proposal in that it does not generate a traffic or utility demand. Significant setbacks are provided from adjacent property lines and therefore the use will have no more of an adverse affect on the area than would a use generally permitted in the district. 2. The Comprehensive Plan does not address the issue of transmission towers however there are no facts or evidence by which one could conclude that the proposal is inconsistent with the general purpose of the Plan. 3. The proposal complies with all the requirements of Zoning Ordinance and with appropriate setbacks and can be constructed or maintained so as to be harmonious with the existing or intended character of the vicinity. ------------------------------ Ordinance No. 4527 November 8, 1991 Page 3 ~-----~_.__._---...,,~..,.~-_.._~ 1 2 3 4 5 6 7 8 9 10 "- 11 "- c::> 0") 12 - "-.J 13 en 14 15 16 17 18 19 20 21 22 23 24 25 26 4. The proposal will not adversely affect the public infrastructure and since the Police and Fire together with hospitals utilize cellular telephone services the proposal will enhance the pUblic infrastructure. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to establish a cellular radio base station communications facility which includes a 100 foot tower to be situated on property located at 19 Clay street N.W. is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to establish a cellular radio base station communications facility which includes a 100 foot tower to be situated on property located at 19 Clay Street N.W. in an M-1 (Light Industrial) zone, situate in the City of Auburn, County of King, State of Washington, and is legally described as follows: Lot 6 in Block "D" Lunn's Garden Tracts to Auburn, according to plat recorded in Volume 10 of Plats, page 33, recorded in King County, Washington. ----------------------.. Ordinance No. 4527 NovemberS, 1991 Page 4 -" ---_._----_..."~----~.._-..- 1 2 3 4 5 6 7 8 9 10 "- 11 "-. c::> 12 0') - "-.J 13 - en 14 15 16 17 18 19 20 21 22 23 24 25 26 section 3. The applicant shall obtain approval from the F.A.A. If the F.A.A. requires special lights or markings, these shall be approved by the Planning Director. Section 4. The Planning Director shall have final approval as to the color the tower is to be painted Section s. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: 1)-)1-9/ II - /f- 9/ ;/-/f-9/ PASSED: APPROVED: .~ . MAYOR ____.._______~_____________d_ Ordinance No. 4527 November 8, 1991 Page 5 . _.__.__._-----_._--_.._--~...__.._,-._.__..__._-~--_.- 1 2 3 ATTEST: 4 ~t~1 /))J-;UI-a¿~ 5 6 Robin Wohlhueter, city Clerk 7 8 9 APPROVED AS TO FORM: 10 11 ýt¡I~~ "- r- 12 Stephen R. Shelton, c::> city Attorney en - 13 "-.J en 14 15 PUBLISHED: /I-acf9/ 16 17 18 19 20 21 22 23 24 25 26 _n_____~_________b_______U_ Ordinance No. 4527 NovemberS, 1991 Page 6 -.-. --___ _.. _ _~_____m___....______._.__._._.____