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
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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
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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
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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
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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
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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
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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
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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
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~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
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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