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HomeMy WebLinkAbout4764 2 3 4 5 6 7 8 9 ~ 10 ~ 11 C~ 12 ~'~ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLERK'S ~,cF~CE ClYY OF AIJ~UhN 2!~ we~t M:~in Auburn. WA 98001 RECEIVED Slop 2 0 1995 KING COUNTY RECORDER ORDI'N~CE NO. 4 ? 6 4 'd IGINAI AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF A CELLULAR PHONE TOWER ON PROPERTY ZONED M-1 (LIGHT INDUSTRIAL) ON PROPERTY LOCATED 1,000 FEET SOUTH OF 285TH STREET AND WEST OF INTERURBAN TRAIL, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0003-95 dated February 23, 1995, together with site plans therefore, has been submitted to the City of Auburn, Washington, by US WEST NEW VECTOR GROUP, requesting a Conditional Use Permit 1:o allow the placement of a cellular phone tower in a M-1 (Light Industrial) zone located 1,000 feet south of 285th Street and west of Interurban Trail, 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 June 20, 1995, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a the placement of a cellular Industrial) zone; and Conditional Use Permit to allow phone tower in a M-1 (Light Ordinance No. 4764 July 6, 1995 Page I 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, the City Council, on July 3, 1995, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow placement of a cellular phone tower in a M-1 (Light Industrial) zone located 1,000 feet south of 285th Street and west of Interurban Trail, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGB OF FACT 1. The applicant, US West New Vector Group, seeks a conditional use permit to allow the placement of a cellular phone tower. The proposed location for the cellular phone tower is 1,000 feet south of 285th Street and west of the Interurban Trail. The property is zoned M-l, is vacant, is designated for light industrial uses in the Comprehensive Plan, it is approximately 3,000 square feet in size. Existing zoning and land uses in the vicinity include M-1 zoning in all directions and vacant property to the north and south. The property to the east is developed with transmission towers and a trail, and the property to the west is vacant. With the exception of property to the east, which is designated for open space uses, the Comprehensive Plan designates all surrounding property for light industrial uses. The Zoning Ordinance permits radio and television transmission towers in the M-1 zone subject to the issuance of a conditional use permit. In past applications, the City has considered cellular phone towers to be similar in characteristics to radio and television towers and accordingly they have been permitted subject to the issuance of a conditional use permit. Ordinance No. 4764 July 6, 1995 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The proposed facility will be a 50 foot high monopole tower together with antenna which will result in an overall height of 54 feet. In addition to the tower, there will be a 12 foot by 24 foot equipment vault which is 11 feet high. The facility will be located within a fenced 3,000 square foot area. The City complimented the applicant on the selection of the site as the proposal will be located within a fairly isolated and undeveloped area. It will. be located adjacent to a Puget Power right-of-way which contains a major overhead electrical transmission line together with the Interurban Trail which is a regional non-motorized recreational trail. In the M-1 zone, the maximum height which is permitted is 45 feet. Additional height is permitted, with each foot of height requiring a minimum of one foot of setback. The proposed cellular tower is to be set back 62 feet from the south property line, 83 feet from the east property line, 760 feet from the north property, and 124 feet to the west property line. Accordingly, there is sufficient setback for the additional height of the tower. The cellular phone site should be screened and landscaped now to be more compatible with future development of the adjacent properties. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as those set forth in full. CONCLUSIONS OF LAW The Zoning Ordinance at sets forth a series of criteria which must be established before a conditional use permit may be approved. The first of these criteria is that the conditional use permit will have no more of adverse effect on the health, safety, or comfort, of persons living or working in the area than would any use generally permitted in the district. The use will not have an adverse impact upon the area as a result of the fact that the area is now undeveloped. The required landscaping and screening will make the proposal more Ordinance No. 4764 July 6, 1995 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 compatible with future development and the proposal is less of an impact than the existing electrical transmission towers which already exist adjacent to the site. The proposal complies with the requirements of the Zoning Ordinance and is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The proposal is consistent with the electrical transmission towers and landscaping and screening will make the proposal compatible with future development. 4. There will be no adverse effect on 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 allow the placement of a cellular phone tower in a M-1 (Light Industrial) zone located 1,000 feet south of 255th Street and west of Interurban Trail, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: seotion 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 allow the placement of a cellular phone tower in a M-1 Ordinance No. 4764 July 6, 1995 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Light Industrial) zone located 1,000 feet south of 285th Street and west of Interurban Trail, within the city of Auburn, County of King, State of Washington, legally described as follows: Lot 7, White River Valley Home Tracts, according to the plat thereof recorded in Volume 13 of Plats, Page 17, in King County, Washington; Situate in the County of King, State of Washington. section $. A 5 foot width natural plant material shall be perimeter of the fence, with the the equipment area. Section 4. Upon the passage, this Ordinance as provided by law, the of Auburn shall cause this Ordinance office of the King County Auditor. section 5- The Mayor is hereby such administrative procedures as may out the directions of this legislation. of Type I landscaping using planted along the outside exception of the access to approval and publication of City Clerk of the City to be recorded in the authorized to implement be necessary to carry Ordinance No. 4764 July 6, 1995 Page 5 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Seotion 6. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: July 17, 19!)5 PASSED: July 17, 1995 July 17, 1995 APPROVED: CHARLES A. BOOTH MAYOR ATTEST: q%~i~r-W~h-lah~r, Danielle E. Daskam, Deputy City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: 7%.~/~ Ordinance No. 4764 July 6, 1995 Page 6 III M-I ! J