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HomeMy WebLinkAbout4939Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Ordinance 4939 2. Conditional Use Permit 4. Reference Number(s) of Documents assigned or released: I-]Additional reference # s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1. Auburn, City of 2. 3. 4. Grantee/Assignee/Beneficiary: (Last name first) 1. Nextel Communications 2. 3. 4. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Tracts 1, 2, 3 and 4 in Block 3 of Christopher Garden Tracts and Tracts 5, 6, 7 and 8 in Block 3 of Christopher Graden Tracts [] Additional legal is on page 8 _ of document. Assessor's Property Tax Parcel/Account Number 158060-0150 ~] Assessor Tax # not yet assigned 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 ORIG!NA ORDINANCE NO. 4 9 3 9 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, ]PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF THREE WIRELESS COMMUNICATIONS ANTENNAS ON TOP OF THE GR3LNDSTAND AT EMERALD DOWNS RACETRACK LOCATED ON PROPERTY ZONED M-2 (HEAVY INDUSTRIAL), LOCATED AT 2300 EMERALD DOWNS DRIVE',, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0005-96 dated October 16, 1996, together with site plans therefore, has been submitted to the City of Auburn, Washington, by NEXTEL COMMUNICATIONS, requesting a Conditional Use Permit to allow the placement of three (3) wireless communications antennas on top of the grandstand at Emerald Downs Racetrack, on property zoned M-2 (Heavy within in Section 2 WHEREAS, Industrial), located at 2300 Emerald Downs Drive, the City of Auburn, Washington, hereinafter described of the Ordinance; and 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 December 17, 1996, at the conclusion of which the Hearing Examiner recommended the Ordinance No. 4939 January 14, 1997 Page 1 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 approval the placement of three top of the grandstand at Emerald Downs zoned M-2 (Heavy Industrial), located Drive, within the City of Auburn, Washington; and WHEREAS, the City Council, on January 7, 199'f, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow the placement of three (3) wireless communications antennas on top of the grandstand at Emerald Downs Racetrack, on property zoned M-2 (Heavy Industrial), located at 2300 Emerald Downs Drive, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: of the issuance of a Conditional Use Permit to allow (3) wireless communications antennas on Racetrack,. on property at 2300 Emerald Downs FINDINGS OF FACT 2 o The applicant, Nextel Communications, has requested a conditional use permit. The proposal is to allow the placement of 3 wireless communications antennas on top of the grandstand at Emerald Downs Racetrack. The subject property is located at 2300 Emerald Downs Drive, and the antennas are for the use of the general public. The property is zoned M-2, Heavy Industrial. Radio and transmission towers are authorized in the Heavy Ordinance No. 49 January 14, 1997 Page 2 1 2 3 4 5 6 7 8 9 lO i1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 4 o Industrial zone subject to the issuance of a conditional use permit. The City has consistently considered wireless communications facilities to be similar in nature to radio and transmission towers. This application is different than other applications in that the antennas will be located on top of the existing building as opposed to be on top of a monopole or other similar structures designed for antennas. Any one building could have a proliferation of antennas on it; however, such concerns can be addressed pursuant to the conditional use permit process. Each of the 3 proposed antennas have an overall height of 16.5 feet. The height of that portion of the grandstand where the antennas will be attached is 103 feet, and accordingly, the total height is 119.5 feet. The maximum height allowed in the M-2 zone is 45 feet. The M-2 zone, however, does allow for additional height if one additional foot of setback is provided for each foot the structure exceeds 45 feet. The site plan drawings are not dimensioned, but the scale indicates the appropriate setback (in this case 104.5 feet) pursuant to Section 18.34.050(F) of the Zoning Code) is provided. The staff report and contents of the file are incorporated herein by reference. CONCLUSIONS OF LAW There are a series of criteria which must be established before a conditional use permit can be granted. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding Ordinance NO. 4939 January 14, 1997 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 area, than would any use generally permitted in the district. o The three relatively small antennas will not have any impact upon the surrounding area in that the bulk and size of the grandstand itself will dwarf the antennas. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal is consistent with the Objecti~;e and Policy as enumerated in the aforementioned finding of fact #5. The proposal complies with all requirements of the Zoning Ordinance. o o The proposal meets all the requirements of the Zoning Ordinance. The additional setback requirement will need to be confirmed as part of the building permit process. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, clharacter, an appearance with the existing or intended character of the general vicinity. Given the size of the grandstand structure the antennas will appear to be a part of the structure .and therefor will be harmonious. The proposal will not adversely affect the public infrastructure. The public infrastructure will not be affected. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Ordinance No. 49 January 14, 1997 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 Council on this of three (3) grandstand at (Heavy within the Washington. Conditional Use Permit to allow the placement wireless communications antennas on top of the Emerald Downs Racetrack, on property zoned M-2 Industrial), located at 2300 Emerald ]Downs Drive, City of Auburn, County of King, State of NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: CITY OF AUBURN, ~ The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. to allow antennas on on property A Conditional Use Permit is hereby approved the placement of three (3) wireless communications top of the grandstand at Emerald Downs Racetrack, zoned M-2 (Heavy Industrial), located at 2300 Emerald Downs Drive, within the City of Auburn, County of King, State of Washington, legally described on attached Exhibit ~'A" made a part hereof as though set forth in full herein. Ordinance NO. 4939 January 14, 1997 Page 5 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 ~EJ~_~. A building permit is required and at the time of submittal of the permit, the applicant slhall provide evidence that the required setbacks are provided that allows for the additional height pursuant to Section 18.34.050(F) of the Zoning Ordinance. ~u~CJ~i~_~. 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. ~9~J~11_~. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. ~9~_t~. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance NO. 49 January 14, 1997 Page 6 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 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 4939 January 14, 1997 Page 7 LEGAL DESCRIPTION OF PROPERTY ~ARCEL "A" TRACTS 1, 2, 3, AND 4 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 6, RECORDS OF KING COUNTY; EXCEPT A CONTINUOUS 100 FOOT WIDE STRtP OF LAND CONVEYED TO THE CITY OF TACOMA FOR WATER TRANSMISSION PIPELINE BY DEED RECORDED UNDER RECORDING NO. 7311290190; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. PARCEL" TRACTS 5, 6, 7, AND 8 IN BLOCK 3 OF CHRISTOPHER GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 23 OF PLATS, PAGE 5, RECORDS OF KING COUNTY; EXCEPT THAT PORTION OF SAID TRACTS 6, 7, AND 8 DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 491,5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID TRACT 8 ON THE EAST MARGINAL LINE OF SAID TRACT 8; THENCE WEST 844.61 FEET TO A POINT 485.5 FEET NORTH OF THE SOUTH MARGINAL LINE OF TRACT 6; THENCE SOUTH 485.5 FEET MORE OR LESS TO THE SOUTH MARGINAL UNE OF SND TRACT 6 AT A POINT 844.61 FEET WEST OF THE SOUTHWEST CORNER OF S~D TRACT 8; THENCE EAST ALONG S/UD SOUTH MARGINAL UNE OF TRACTS 6, 7 AND 8TO TH, E SOUTHEAST CORNER OF SND TRACT 8 TO THE P.O.B. ' SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. PARCEL ALL THESE R~GHTS (INCLUDING, BUT NOT LIMITED TO, AN EASEMENT FOR FOR INGRESS AND EGRESS, RIGHT OF USE OF THE SURFACE AND RIGHT OF REVERSION) RESERVED AND DE1JNEATED IN AN INSTRUMENT DATE NOVEMBER 22, 1973, RECORDED NOVEMBER 29, 1973 UNDER KJNG COUNTY RECORDING NO. 7311390190 IN .THE FOLLOWING· DESCRIBED PROPERTY: A CONTINUOUS 100 FOOT WIDE STRIP OF LA~II~ CONVEYED TO THE iCITY OF TACOMA FOR WATER ~RANSMISSION PitPEUNE BY DEED' RECORDED UNDER RECORDING NO. 731'1290190, LYIN¢ B~EN'THE EAST AND .WES~.NIARGiNS OF BLOCK 3'OFCHRISTOPHER GARDEN TRACTS, AS PER PLAT.RECORDED IN VOLUME 23 OF pLATS, PA~E 6. RECORDS .OF'KING COUNTY . : Exhibit "A" Ordinance No. 4939